Illinois General Assembly Floor TranscriptsBrowseSenate87th GA

Illinois Senate Floor Debate — December 3, 1992

87th General Assembly (1991-1992) · Legislative day 139 · Regular Session
Chamber
Senate
General Assembly
87th (1991-1992)
Date
December 3, 1992
Legislative day
139
Session
Regular Session
Speaker turns
397
Original
View the source PDF ↗
PRESIDENT ROCK

The hour of ten having arrived, the Senate will please come to order. Will the Members be at their desks, and Will our guests in the gallery please rise. Our prayer thls morning by Dr. John Charlton 111, Harvard Park Baptist Church, Springfield, Illinois. Reverend. DR. JOHN CHAKLTON 111: (Prayer by Dr. John Charlton 111)

PRESIDENT ROCK

Thank you, Doctor. Reading of the Journalz Madam Secretary. Senator Hall.

SENATOR HALL

Mr. President, I move that reading and approval of the Journals of Tuesday, December 1st; and Wednesday, December 2nd, in the year 1992, be postponed, pending arrival of the printed Journals.

PRESIDENT ROCK

Youfve heard the motion as placed by Senator Hall. Is there any discussion? If not, a11 in favor, indicate by sayin: Aye. All opposed. The Ayes have The motion carries, and it is so ordered. Messages from tbe House.

Linda Hawker

A Message from the House by Mr. O'Brien: Clerk. Mr. President am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on Senate Bill 1803, and requests a Second Committee of Conference to consider the differences between the tWo Houses in regards to Amendment No. 1. Action taken by the Housey December 2, 1992. have a like Message on Senate Bill 1519, with the First Conference Committee Report. Action taken by the House, December 2. STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 And Senate Bill 1635: on a First Conference Committee Report. PRESIDENT ROCK: I A1l right. Senator Di Turi would move that the Senate accede to the request of the House. A1l in favor of that motion, indicate by saying Aye. Al1 opposed. The Ayes have it. And the Senate does accede to the request of the House With respect to those three measures. Messages from the House.

Linda Hawker

A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur With the Senate in the adoption of their amendments to a bill of the following title, to wit: House Bill 1918, together with Senate Amendments l and 3. Non-concurred in by the Housez December 2, 1992. And I have a like Message on House Bill 4037, together with Senate Amendment No. 1. A Message from the House by Mr. O 'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representati I ves has concurred with the Senate in Ehe ! passage of a bill of the following title, to wit: Senate Bill 420, toqether with House M endment 2 . I have a like Message on Senate Bill 2088 , together with Hause M lendment No . 3. 80th passed the House # as amended, December 2 , 1992 .

PRESIDENT ROCK

A11 right . Those four Messages will , with leave of the Body # be placed on the Order of Secretary's Desk. Messages from the House .

Linda Hawker

A Message from the House by Mr. O 'Brien, Clerk . 2 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SES/ION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 I Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the fallowing joint resolution, in the adoption of which I'm instructed to ask the concurrence of the Senate, to Wit: House Joint Resolution l68. It is substantive .

PRESIDENT ROCK

Executive Com ittee. A11 right . Ladies and Gentlemen , if I can have your attention. It's going to be a little hectic around here if we're going to get through a1l this stuff. So I'd ask you to bear with us. A Supplemental Calendar - the First Supplemental Calendar - has just been distributed. Idd ask you to take a look at that . There are two measures on the Order of Non-concurrence where the sponsors, Senator Jacobs and Senator Karpielz have indicated they wish to go to a conference committee , and so they will be refusin: to recede. And in order to facilitate the paperwork # I think we '11 try to move to that Ordery With leave of the Body. So if you '11 take a look at Supplemental Calendar No. 1. Supplemental Calendar No. l has been distributed. Everybody should have a copy , I hope . Senator Brookins does not have a copy. We will not proceed until he gets a copy. When we begin on the regular Calender , again, for your information , please refer to page 24 on the Calendar. We will be beginning on the Order of Motions in Writing , and then we will proceed to the regular Calendar to deal with the Conference Committee Reports that the Members have requested we address. And we will jusk proceed and have as many Supplemental Calendars as there are matters cominq baek from the House, or additional filings of conference cornmittee reports . Senator Madigan , for what purpose do you arise , sir?

SENATOR MADIGAN

Thank you , Mr . President. Point of personal privilege .

PRESIDENT ROCK

3 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 State your point, please. ' SENATOR MADIGAN: The other day on the Senate Floor the Senate Was kind enough to observe a milestone in my life when I became -- reached the ( minimum age for membership in the AARP. Today my seatmate and ' friend and colleague is observin: a milestone in his life, in that k he has reached the minimum aqe for social security benefits, and I i would ask the President and the Senate to join me in wishing Senator Woodyard a very happy birthday. PRESIDENT ROCK: Senator Woodyard, happy birthday. Many more. Senator Geo-Karis, 1'11 recognize you if you promise not to sing. Senator Geo-Karis. SENATOR GEO-KARIS: I would defer to you for singing, and I hear you did an excellent rendition of ''Danny Boy'' last nighty and I'm sorry I couldn't be there to hear you and join you with the harmony on it. Mr. President, Ladies and Gentlemen of the Senate - a point of personal privilege. PRESIDENT ROCK: ; State your pointg please. ' i SENATOR GEO-KARIS: ' ; I'm delighted to introduce to you my very fine secretary's son, Steve Booker, who is the Director -- Assistant Director of Admissions at Rockford College, and his job is going a11 over the world to look at the other colleges, and Rockford College has a college in -- in London called Regency. And Steve will be going there this coming week to visit that college, and I'd like you al1 to meet a very fine young man, Steve Booker. Steve. PRESIDENT ROCK: Young man, welcome to Springfield. Senator Donahue, for what I purpose do you arise? 4 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TM NSCRIPT 139th Legislative Day December 3, 1992

SENATOR DONAHUE

Thank you, Mr. President. I, too, rise on a point of personal privilege .

PRESIDENT ROCK

State your point, please.

SENATOR DONAHUE

I have a class from Liberty High Sehool -- history class. Their teacher is Dave Dinkheller, and I'd like them to rise and be recognized, please.

PRESIDENT ROCK

Will our guests please stand and be recognized . Welcome to Springfield . Senator Rea, for what purpose do you arise , sir?

SENATOR REA

Point of personal privilege .

PRESIDENT ROCK

State your point , please .

SENATOR REA

Thank you , Mr . President . I have a young man standing beside me here who is a leader of today, and will be a leader of tomorrow - a person from Montana State , Who is a 4-H Delegate to the National 4-H Congress, Which will be held in another week or so, and has received the State Citizenship Awarde which is a national honor and certainly one of distinction . And would like to welcome to Springfield - to the State Capitol Aaron Smith. Let 's give him a big round of applause .

PRESIDENT ROCM

Welcome. All right . Again, With leave of the Body , we Will - - to accommodate the flow of paper between the Houses, we will move to Supplemental Calendar No. l. There are two items on the Order of Secretary 's Desk , Non-concurrence. If Senator Jacobs can bear *1th us for a moment. On the Order of Secretary 's Desk, Non-concurrence . Supplemental Calendar No . l, Ladies and 5 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Gentlemen. On the Order of Secretary's Desk, Non-concurrencey is House Bill 1918. Madam Secretary, please. i I

SECRETARY HAWEER

Senate Amendments 1 and 3 to House Bill 1918.

PRESIDENT ROCK

Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President. I refuse to recede from Senate Amendment No. 1 and Senate Amendment No. 2 <sic> to House Bill 1918, and ask that a Committee of Conference be appointed.

PRESIDENT ROCK

Senator Jacobs has moved that the Senate refuse ta recede from the adoption of Senate Amendments 1 and 3 to House Bill 1918, and that a conference committee be appointed. A11 in favorp indicate by saying Aye. A1l opposed. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Senator Karpiel, on 4037. Madam Secretary, on the Order of Secretary 's Desk, Non-concurrence, is House Bill 4037.

Linda Hawker

Senate Amendment No. l to House Bill 4037. i

PRESIDENT ROCK

Senator Karpiel.

SENATOR KARPIEL

I move to not recede from Amendment No. l on House Bill 4037, and ask that a conference committee be appointed. Thank you.

PRESIDENT ROCK

Al1 right. Senator Karpiel has moved that the Senate refuse to recede from the adoption of Senate Amendment No . 1 to House . I Bill 4037, and that a conference committee be appointed. A1l in j i ! favor, indicate by sayinq Aye . A1l opposed . The Ayes have it . The motion carries , and the Secretary shall so inform the House . Senator Schaffer, for what purpose do you arise , sir? 6 STATE 0F ILLINOIS 87th GENEM L ASSEMBLY REGULAR SESSION SENATE TM NSCRIPT 139th Legislative Day December 3, 1992

SENATOR SCHAFPER

Mr. President, on a point of personal privilege.

PRESIDENT ROCK

State your point.

SENATOR SCHAPPER

We have with us today a former Member of this Body, Senator John -- former Senator John Friedlandz who is now available to take Members out for dinner. We -- we -- we have Senate staff standing over here if you care to make reservations for anytime during the spring Session . Senator Friedland would take large or small groups out to some of the more distinguished watering holes. So the line's forming over here. I thought everyone Would Want to know .

PRESIDENT ROCK

A11 right. Ladies and Gentlemen, in an effort to expedite the business here# we will begin on page 24. Ladies and Gentlemen, we 're going to go throuqh the Motions in Writing that have been filed . I would alert the Membership: it 's Senators Marovitz , Dunnz Demuzio, Luft, Cullerton, Rea, Berman and Cullerton. House Bill 1007 . Senator Marovitz . House Bill 3475. Senator Dunn . Madam Secretary, on the Order of Motions in Writing, there's a motion filed with respect to House Bill 3475 . Read the motion, please .

Linda Hawker

I move to suspend all appropriate Senate rules so that House Bill 3475 may be considered by the Senate and be placed on the Order of 2nd Reading. Filed by Senator Thomas Dunn.

PRESIDENT ROCR

Senator Dunn .

SENATOR T . DUNN

Thank you , Mr . President . Thi.s is the motion We heard 7 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 yesterday to establish the prevailing wage on utilities. I ask for passage of the motion.

PRESIDENT ROCK

All right. The Gentleman has moved to suspend a11 the appropriate Senate rules so that House Bill 3475 may be considered by the Senate, and asks that it be placed on the Order of 2nd Reading. Discussion? Senator Hudson.

SENATOR HUDSON

Thank you, Mr. Prekident, Ladies and Gentlemen of the Senate. Youlve a1l heard the old saying that -- the saying that HO1d soldiers never die.'' That's truez and around here it seems sometimes that bad ideas never die either, and I'm going -- bad bills never die, and I'm going to suggest that with all due respects to my good friend, Senator Dunn, that here 's an example of a bad bill that doesn't seem to Want to die. It came up a day or so ago. As you may recall, I got up, spoke against it. I criticized the fact that it had never been to committee, it hadn 't been heard, it contains a lot of provisions that -- that the Members should be aware of. One thing this is going to do for surez and that is to raise utility rates. If any of you are interested in your people back home that are complaining about i utility rates, it's going to raise them, just as sure as -- as I : stand here, because it extends the provisions of the prevailing wage to utilities that haven 't experienced that before. And the result is going to be higher wages, and that includes Central Illinois Public Service, Commonwealth Edison Company, Illinois Power, Peoples Gas and Light Company, and Illinois Bell, and on and on and on. So -- these utilities: by the way, are not -- are not units of government. They are not financed by units of government. And it seems to me should not be included under the j I provisions of the Prevailing Wage Act. It's a bad idea. It's an l i ! expensive ldea, and one that the -- your eonstituents are going to I i 8 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 be angry about, if this is passed. Believe me. So I would encourage you to think hard and long, and then vote No.

PRESIDENT ROCK

Further discussion? Senator Butler.

SENATOR BUTLER

Thank you. Just a general comment. I1m Wondering What business we have in stickinq -- in stieking our nose into a -- into wage considerations in a private industry. As far as I know, we haven't as yet socialized the electrical industry, and I for one can't figure out what we're doing in this situation. Itls none of our business, and We shouldnlt be -- we shouldn't be injectinq our -- ourselves Where We don't belong. I Would suggest we vote against this bill.

PRESIDENT ROCK

A11 right. The question before us is the motion with respect to House Bill 3475. Further discussion? Senator Dunnz do you wish to close?

SENATOR T. DUNN

Thank you, Mr. President. I urge an Aye vote. This is a good bill, and will establish prevailing wage for workers who can use the wage that will support a family that doesn't pay hamburger-flipping wages. This will not cause the cost of utilities to go up. It Will put food on the table of working men and women in our State. It's a good bill.

PRESIDENT ROCK

Al1 right. This will require thirty affirmative votes. The question is the adoption -- Senator Dunn has moved to suspend all the appropriate Senate rules so that House Bill 3475 may be considered by the Senate, and asks that it be placed on the Order of 2nd Reading. Those in favor of that motion will vote Aye. Opposed will vote Nay, and the voting is open. Have a11 voted who wish? Have al1 voted who wish? Have a11 voted Who wish? Have 9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 a11 voted who wish? Have a11 voted who Wish? Have al1 voted Who wish? Take the record. On that question, the Ayes are 29# the Nays are 26, and the motion fails. Senator Marovitz, are you ready on -- Motion in Writing. On the Order of Motions in Writing, there's a motion with respect to House Bill 1007, Madam Secretary.

SECRETARY RAWKER

I move to suspend the appropriate Senate rules in relation to House Bill 1007 so that the bill may be considered by the Senate. Filed by Senator Marovitz.

PRESIDENT ROCK

Senator Marovitz.

SENATOR MAROVITZ

Thank you very much, Mr. President. I do move to suspend the appropriate rules to consider this bill immediately. You -- you want me to go into the substance of the bill at this time, Mr. President?

PRESIDENT ROCK

If youfre confident you îve got thirty votes, have at it.

SENATOR MAROVITZ

Okay . Have a: it. Well, as the President says, let's have at it. This bill does several things. It permits quick-take by the Southwestern Illinois Development Authority for seven years. That's an extension of their current powers. It makes various child support changes. I think it still does. Allows a new legal I action to begin if *he case was dismissed by *he U.S. DisErict Court for improper venue. Provides that child support payments received by the obligor and sums expended for any child residing with the obligor, who the obligor has a duty to support, be deducted from the obligor's net income when determining the obligor's support obligation. It requires a judgment debtor to pay the costs of obtaining a garnishment order. That's supporked 10 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 by the Legal Services Center. This is nonwage garnishment. Basically, that's what the bill does.

PRESIDENT ROCK

Al1 right. Senator Marovitz has moved to suspend the appropriate Senate rules with respect to House Bill 1007 so that the bill may be considered by the Senate. Is there any discussion on that motion? If not, those in favor of the motion will vote Aye. Opposed, vote Nay. And the voting 's open. Al1 voted who Wish? Have al1 voted Who wish? Have all voted who wish? Take the record. On that question, there are 47 Ayesz 1 Nay, and the motion prevails. 4216. Senator Demuzio. Madam Secretary, read the motion.

Linda Hawker

I move to suspend a1l appropriate Senate rules so that House Bill 4216 may be considered by the Senate and be placed on the Order of 2nd Reading. Filed by Senator Demuzio.

PRESIDENT ROCK

Senator Demuzio.

SENATOR DEMUZIO

Thank you, Mr. President, Ladies and Gentlemen of the Senate.

PRESIDENT ROCK

Senator: if I can have your -- We want to get you on TV this morning. WAND-TV has requested permission, as has WCIA-TV , to shoot some vldeotape. Senator Demuzio is ready. Straighten your tie.

SENATOR DEMUZIO

Thank you very muchz Mr. President. I didn't wear my TV clothes today, but -- this is the bill that received a great deal of controversy here in the Senate. It is the Downstate Pirefighters Pension that youdve heard from your municipalities about. They both have noW come to mez the Munieipal League and 11 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 the firefighters, and have represented to me that they have both struck an agreement, and therefore, I am just putting this bill in place on the Calendar to exercise the agreement that they have come to. And so that's what I'm attempting to do this morning, and I would ask for your support.

PRESIDENT ROCK

All right. Discussion on the motion? Senator Davidson. i

SENATOR DAVIDSON

Senator Demuzio, I'd like to ask you a question.

PRESIDENT ROCK

Indicates he will yield, Senator Davidson.

SENATOR DAVIDSON

Senator Demuzio, I met with some of the parties concerned, yesterday around noon. At that time they were not in agreement, I and in speaking to the negotiator for the House, Representative i 4 Mcpike, when he was over here yesterday afternoon, at that time no agreement had been struck. Are you telling me there is now agreement been struck between the Downstate Firefighters and the Municipal League since yesterday afternoon?

PRESIDENT ROCK

Senator Demuzio.

SENATOR DEMUZIO

Yes, as a matter of fact, I am . And I'm also committed to tell you right now, that unless both of those parties put this agreement in writing and sign on to it, I will not call it, unless there is a absolute agreement. I am told -- it was represented to me by both parties that, in fact, there is. PRESIDENT ROCK: I ! Senator Davidson.

SENATOR DAVIDSON

Well, with EhaE explanationg Mr. Presidenty I'd urge al1 Members of my side of the aisle to support this motion then, 12 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 'cause we 've been trying to get an agreement between these two factions, and if wedve accomplished this, now is the time to take it to fruition.

PRESIDENT ROCK

Al1 right. Madam Secretary. A11 right. You've heard the motion as placed by Senator Demuzio. Further discussion? If notz all in favory indicate by saying Aye. All opposed. The Ayes have it. The motion carries, and it is so ordered. Madam Secretary, will you make sure that House Bill 4216 shows up on a Supplemental on the Order of 2nd Reading, so that we can give the bill its due consideration? Message in -- Motion in Writing, Senate Bill 654. Senator Luft. We're on page 24 on the Calendar. Read the motion, Madam Secretary.

Linda Hawker

I move to suspend the appropriate Senate rules ln relation to Senate Bill 654 so that the bill may be considered by the Senate. Filed by Senator Luft.

PRESIDENT ROCK

Senator Luft.

SENATOR LUFT

Thank you, Mr. President. I would move to suspend the appropriate rules for the immediate consideration of Senate Bill 654.

PRESIDENT ROCK

A11 right. The...

SENATOR LUFT

Conference Committee Report on Senate Bill 654.

PRESIDENT ROCK

Youfve heard the Gentlemanfs motion. Any dlscussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carries, and it is so ordered. 699. Senator Cullerton. 1073. Senator Rea. Motion in Writing on page 24. 13 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3: 1992 1073, Madam Secretary. Read the motion. '

Linda Hawker

I move to waive Senate Rule 5C with regard to Senate Bill 1073, and that the bill be ruled exempt so that it may be considered by the Senate. Filed by Senator Rea.

PRESIDENT ROCK

Senator Rea .

SENATOR REA

Thank you, Mr. President. I would move to suspend the rules for immediate consideration on Senate B1ll 1073, and khis is a -- a bill that would deal with the community college retiree health insurance, which there has been an agreement worked out with the Community Colleqe Trustee Association, and With CMS no longer opposing and so on. I would ask for...

PRESIDENT ROCK

A11 right. You've heard the motion as placed by Senator Rea. Discussion? Senator Davidson.

SENATOR DAVIDSON

Question of the sponsor.

PRESIDENT ROCK

He indicates he will yield, Senator Davidson.

SENATOR DAVIDSON

Senator Rea, I understand CMS may have Withdrawn their objection. They're neutralz but therefs a little item in that. If you looked at it, it lets CMS decide whether theydre going to keep that retirees' system from that individual college in the system, and if noty they can raise the fee to cover the cost of the health care . Thereforey the trustee of that college could then raise the property tax on the local property tax owners to pay for this increase. Is that still in this so-called agreement?

PRESIDENT ROCK

I 14 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Senator Rea.

SENATOR REA

No. Unlike the previous legislation, there is no -- there's no cost impact to the State. It's optional to the -- to the ' ! colleges. The -- the Conference Committee Report also would not compel the community colleges to utilize this program to cover their -- to cover their employees, many of whom already have sufficient eoverage. So this would -- no, this would not affect... I j PRESIDENT ROCK: 1 1 senator oavidson. i i SENATOR DAVIDSON i : ; A further question - I beg to differ With you. The proposed Conference Conmittee, which I read yesterday afternoon, allowed the Community College Board to raise the necessary funds to pay for putting those retirees in the CMS system if CMS put a raise on that fee, and I haven't heard you say that's not in there. You got a neW Conference Committee than from what the draft I read k ! yesterday afternoon?

PRESIDENT ROCK

Senator Rea. I ! S I ENATOR REA : i q The -- actually, Senator Davidson, the benefits provided in I i this legislation would be paid from part of the existing i i appropriations for this purpose, and the balance would be paid from the retirees themselves. The balance would be paid from *he retirees themselves. So...

PRESIDENT ROCK

I All right. You've heard the motion as placed by Senator Rea. ; ! Further discussion? If -- I'm sorry -- Senator Schuneman. '

SENATOR SCHUNEMAN

Well, thank you, Mr. President. There seems to be some 15 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 confusion on this issue. 0ur side of the aisle is presently receiving an analysis and -- with a letter from CMS attachedy asking us that we do not approve this proposal. So I wonder if the Gentleman might take this out for a whlle and -- take this out of the record for a while to see if we can get this cleared up. I -- I hesitate to vote for it if, in fact, there is no agreement.

PRESIDENT ROCK

l Senator Rea.

SENATOR REA

As of yesterday, it Was CMS that said that they were neutral on the bill. It would not impact the local government in terms of revenues, and they -- you know, there's no other...

PRESIDENT ROCK

Senator Schuneman. i

SENATOR SCHUNEMAN

Thank you, Mr. President. I am now reliably informed by CMS that they currently have no position on the bill.

PRESIDENT ROCK

All right. Senator Rea, you're going to pursue the motion? You 've heard the motion as placed by Senator Rea. Is there any -- further discussion? If not, a1l in favorz indicate by saying Aye. I All opposed. The Ayes have it. The motion carries, and it is so ordered. 1092. Senator Berman. Madam Secretary, read the motion, please.

Linda Hawker

I move to suspend the appropriate Senate rules in relation to Senate Bill 1092 so that the bill may be considered by the Senate. . Piled by Senator Berman.

PRESIDENT ROCK

Senator Berman.

SENATOR BERMAN

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 16 STATE QF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 This bill, as amended, deleted everything that was originally in the bill. Al1 that lt does now is to correct an inconsistency between the Probate Act and the Wrongful Death Act, and to set, in i both Acts, the level of five thousand dollars instead of one thousand dollars, the amount that may be distributable in a minor's or incompetent person's estate to the special E ! administrator. Be glad to respond to any questions. I'm not aware of any opposition to this bill.

PRESIDENT ROCK

All right. Senator Berman has moved to suspend the appropriate rules in relation to Senate Bill 1092 so that the bill i may be considered by the Senate. Any discussion? If noty all in i favor, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carries, and it is so ordered. Senator Cullerton, on 1345. A11 right. Ladies and Gentlemen, wefll then revert back to page 18 on the Calendar. Senator Cullerton, you wish to pursue 1345? Al1 right. With leave of the Body, we'll go back to page 24. Motions in Writing. Senate Bill 1345, Madam Secretary.

Linda Hawker

I move to suspend the appropriate Senate rules in relation to Senate Bill 1345 so that the bill may be considered by the Senate. Filed by Senator Cullerton.

PRESIDENT ROCK

Senator Cullerton.

SENATOR CULLERTON

Thank you, Mr. President. I would move to suspend the appropriate Senate rules in relation to this bill so that the bill may be considered by *he Senate.

PRESIDENT ROCK

I You've heard the motion as placed by Senator Cullerton. Is there any discussion? If not, a11 in favory indicate by saying Aye. All opposed. The Ayes have it. The motion carries, and it 17 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 is so ordered. Ladies and Gentlemen, weill begin on the Order of Conference Committee Reports. Page 18 on the Calendar. We have some fifteen or sixteen conference committee reports to address. I would ask the Members to please lend their attention. We will move through these as quickly as possible. In the meantime, we Will attempt to put together a Supplemental Calendar, so that we can conclude our business at a reasonable hour. Bottom of page l8. Senator Rea. 178. Madam Secretary, on the Order of Conference Committee Reports, there's a report With respect to House Bill 178.

Linda Hawker

First Conference Committee Report on House Bill 178.

PRESIDENT ROCK

Senator Rea.

SENATOR REA

Thank you, Mr. President, Members of the Senate. The Conference Committee Report on House Bill l78 is one that Was requested by the Department of Employment Security; one we discussed earlier when we suspended the rules, and the Report makes a change in the work search requirements for extended unemployment benefits as required by recent federal law. The Report is supported both by labor and management. I would ask for approval.

PRESIDENT ROCK

Question is the adoption of the Conference Committee Report on House Bill 178. Is there any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 178. 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? Have a1l voted who Wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The Senate does adopt the Conference 18 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Committee Report on House Bill 178: and the bill, havin: received the required constitutional majority, is declared passed. Top of page 19. House Bill 1007. Senator Marovitz, do you wish to pursue this bill? Ladies and Centlemen, again, 1et me ask -- We are on page 19 of the Calendar on the Order of Conference Committee Reports. And we will be dealing with those conference committee reports where the rules have been suspended and where the Members have requested thak we do this. If, indeed, we don't wish to do it, that's better yet. Madam Secretary, on the Order of Conference Committee Reports: there's a report with respect to House Bill 1007.

SECRETARX RAWKER

Second Conference Committee Report on House Bill 1007.

PRESIDENT ROCK

Senator Marovitz.

SENATOR MAROVITZ

Thank you very much, Mr. President. House Bill 1007 does several things. It permits the Southwestern Illinois Development Authority quick-take provisions, which passed the Senate by a vote of 38 to 0. And this is -- extends for, I believey two years, kheir quick-take provisions. It provides that child support payments that are received by the obligor and sums that are expended for any child residing with the obligory that that obligor has a duty to support# be deducted from the obligor's net income: when determining the obligor's support obligation. Also, it makes -- allows a neW legal action to begin if the -- if the case was dismissed by a U.S. District Court for improper venue. The period of limitations improper venue provision is a State Supreme Court recommendation. The -- another provision requires a judgment debtor to pay the cost of obtaining a garnishment order. That provision is supported by the Legal Services Center of Illinois. Akkows the court to dlrect that chikd support payments 19 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 be made to the Clerk of the Court in any case. And allows the Clerk to invest child support collections in any interest-bearing account or in any securityz so long as the Clerk continues to make timely payments to the payee. That's it.

PRESIDING OFEICER (SENATOR DEMUZIO)

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

SENATOR WELCH

I had a question of the sponsor.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he uill yield. Senator Welch.

SENATOR WELCH

Senator Marovitz, I believe in Senate Bill 2233 there's also a provision about garnishments. Are they the same provisions, or -- or what's -- do you know the difference between the two?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.

SENATOR MAROVITZ

I believe that the garnishment provislons in Senate Bill 2233 are identical to the garnishment provisions in here.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR MAROVITZ

It's nice to have a noncontroversial bill once in a while. Solicit an Aye vote.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall the Senate adopt the Second Conference Committee Report on House Bill 1007. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. The Senate does adopt the 20 ; -'' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 139th Legislative Day December 3, 1992 Second Conference Committee Report, and the bill, having received the required constitutional majority, is deelared passed. Senator Woodyard, for What purpose do you rise? SENATOR WOODYARD: Thank you, Mr. President. On a point of personal privilege. PRESIDING OFPICER: (SENATOR DEMUZIO) State your point, sir. SENATOR WOODVARD: Thank you very much for helping me celebrate the birthday, but while wedre deliberating these very important conference committee reports, there's cake in the back of the room. Please help yourself. PRESIDING OFPICER: (SENATOR DEMUZIO) Oh, thank you very much. 3037. Senator Raica. Madam Secretary, 3037, House Bill, please. SECRETARY HAWKER: Second Conference Committee Report on House Bill 3037. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica. SENATOR RAICA: Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move that the Senate do adopt the Conference Committee Report No. 2 to House Bill 3037. PRESIDING OFPICER: (SENATOR DEMUZIO) Is there discussion? Senator Geo-Karis. SENATOR GEO-RARIS: Will the sponsor yield for a question? PRESIDING OPFICER: (SENATOR DEMUZIO) Indicates he will yield . Senator Geo-Karis. SENATOR GEO-KARIS: Is there a provision in this Conference Committee Report for a referendum? 21 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Raica.

SENATOR RAICA

I can check with -- it says -- yeah. It says the Report Will allow for fire protection districts to annex up to sixty acres of territory with a frontdoor referendum approval of the owners of the territory to be annexed. That was a very excellent question, Senator. Thank you.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Are there any other excellent questions? If not, Senator Raica may close. Senator Raica.

SENATOR RAICA

Poll them.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is: shall the Senate adopt the Second Conference Committee Report on House Bill 3037. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted Who wish? Have al1 voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none: none voting Present. The Senate does adopt the Second Conference Committee Report, and the bill, having received the required constitutional majority, is declared passed. House Bill 3204, Madam Secretary, please.

Linda Hawker

First Conference Committee Report on House Bill 3204.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Cullerton.

SENATOR CULLERTON

Yes. Thank you, Mr. President, Members of the Senate. This is a Conference Committee Report that contains two provisions. It 's a -- really a -- an excellent Conference Committee Report. When you hear it, I think youdll appreciate why. The first 22 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Section is a request of the 0ak Park Township to -- to amend the Town Hall Act to permit townships to build, lease or purchase senior centers. These centers are to be finaneed through the issuance of bonds that are retired by a property tax, but a frontdoor referendum approval is required. And the second portion of the bill deals with Dupage County. I used to live in Oak Park and I also used to live in Dupage County, so it's appropriate that I would have this -- these two together. This -- current 1aW says that noncontiguous territory that is separated from a municipality by a forest preserve can be annexed to the municipality without including the district's territory. What this bill does is to disallow municipal annexation of territory separated from the municipality by forest preserve district. And this is, as I understand it, at the request of Senator Philip. And this would conclude my Dupage County agenda.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? A11 right. If not, the question is, shall the Senate adopt the First Conference Committee Report on House Bill 3204. 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? Have a1l voted who kish? Take the record. On that question, the Ayes are 54, the Nays are none, l none voting Present. The Senate does adopt the First Conference Committee Report on House Bill 3204, and the bill, having received the required constitutional majority, is declared passed. House Bill 3261. Eenator Macdonald. Eenator DeAngelis. SenaEor DeAngelis, I -- I can't see the sponsor behind you. I'm sorry. Can We break up the conference behind Senator Davidson for a moment, please? Do you wish that called, Senator? A11 right. Madam Secretary, please.

Linda Hawker

Second Conference Committee Report on House Bill 3261. ! 23 ; STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald. SENATOR MACDONALD: Yes. Conference Committee No. 2 has appeared before the Chamber on two different occasions. House Bill 3261 and Conference Committee Report l on House Bill 3261. On both occasions the Senate voted unanimously in favor of passage. 59 to nothing. And 58 to nothing. Due to the disagreement in the House on additional provision which appeared in Conference Committee Report No. 1, a second conference committee report was required. So on July 2nd# 1992, Conference Committee Report No. 2 was approved by the House on a vote of l0l to 10, and so I ask for your support to pass this very important piece of legislation at this time. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Kelly. SENATOR KELLY: I#d like to ask the sponsor a question, Mr. President. PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates she will yield. Senator Kelly. SENATOR KELLY: I see this is on child custody and visitation. Is this for the nakural parents or grandparents or what -- who's -- is this natural? PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Macdonald. SENATOR MACDONALD: Natural parents. I SENATOR KELLY: Okay. Thank you very much. PRESIDING OFFICER: (SENATOR DEMUZIO) Is there further discussion? If notz Senator Macdonald, do ! 24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 l you wish to close? Senator -- Senator Macdonald. , 1 SENATOR MACDONALD: I ! Thank you, Mr. President. I just ask for your support of this l very neeessary piece of legislation. I !

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. The question is, shall the Senate adopt the Second ..e tmachine cutofflo..question is, shall the Senate adopt the ! Second Conference Committee Report on House Bill 3261. Those in f l avor will vote Aye. Those opposed Will vote Nay. The voting is i open. Have al1 voted who Wish? Have all voted Who wish? Take the record. On that question, the Ayes are 57, the Nays are none, I none voting Present. The Senate does adopt the Second Conference 1 Committee Report on House Bill 3261, and the bill, having received the required constitutional majority, is declared passed. 1 ...t I machine cutoffl...of page 20 is House Bill 4078. Senator I Severns. Senator Severns on the Floor? Oh, I1m sorry. Beg your pardon. Senate Bill 130. Senator Woodyard . Senator Woodyard, 1307 698. Senator Jones. Senator Jones. A11 right. I inadvertently then -- the Podium Calendar indicated Senate Bill l j l86 apparently Was notgoing tobe called. Iunderstand you wish j to have it called. It is -- been ruled exempt, so Senate Bill ! I 186. I was just going by the Calendar. Senate Bill 186, Madam Secretary. SECRETARY HAWKER: I Second Conference Committee Report on Senate Bi11 186. .

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. Do you -- do you... ! SENATOR MAITLAND: I Thank you very much...

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) ! It wasn't marked, and thatîs why I skipped it. I -- thank : you. 25 - R STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 SENATOR MAITLAND: Okay. Fine. Thank you very much, Mr. President, Members of the Senate. Conference Committee Report on l86 does a number of things, and I have shared most of this With -- with many of you who are affected . Let me briefly go through -- through the I different components. The first amendment allows school district consolidation petitioners to call for the election of members -- of new school board members at the same time the consolidation question is submitted to the voters: if the election is to be held in -- in even year. We changed this last yeary and made it the odd years. This simply completes the action, allows for that question to be asked in both -- in both elections. It further allows territory of ten percent or less of the EAV of an elementary or high school district to be detached from its current district and annexed to another upon petition of two-thirds of the registered voters. This again is clarifying language that we needed to -- to add. That -- this is a State Board recommendation. It also provides that the committee of ten appointed for detachment and annexation petitions may fill vacancies on that committee if -- if they should occur. It also amends the Revenue Act to -- to revise the assessment of certain land that has not been used for twenty years or more -- twenty or I i more consecutive years due to acquisition by the Federal Government. This is federal impact legislation, and I've spoken to all of you who have school districts affected, and it would provide substantial revenue for those -- those school districts from the Federal Government. And finally, it does address a ! problem that we have with -- with enterprise zones. A number of I years ago we passed legislation that would allow those school districts that appear wealthier than they are to -- to use the EAV that resulted in the abatement of certain property taxes. This now -- we made an inadvertent change. This now will allow those 26 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 1992 districts to capture the revenue in general State aid according to the Wealth that they are actually generating. It also adds an immediate effective date. would be happy to answer any questions that you might have. Otherwise, seek your support.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Is there dlscussion? Senator Keats.

SENATOR KEATS

Just a question, thanks.

PRESIDING OFFICER (SENATQR DEMUZIO)

PRESIDING OFFICER: (SENATQR DEMUZIO) Indicates he Will yield. Senator Keats.

SENATOR KEATS

The -- I think the two biggest bases affected are Great Lakes in Senator Barkhausen's district and Fort Sheridan in mine. Could you explain to us the exact provisions of how this applies? Because, I mean, this is legislation wedve Worked on, and I apologize - neither one of us seem to know quite what it is.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

SENATOR MAITLAND

Well, Senator, neither one of those districts are affected . This has to do with -- With federal interpretation of the farmland assessment bill and -- and...

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there further discussion? If not, then the question ise shall Senate Bill 186 -- I'm sorry. The question is, shall the Senate adopt the Second Conference Committee Report on Senate Bill 186. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who Wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. The Senate does adopt the Second Conference Committee Report on Senate Bi11 186. And the bill, having received the 27 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 required constitutional majority, is declared passed. Bottom of page 20, Senate Bill 1071. Senator Welch. Madam Secretaryz ' please.

Linda Hawker

Second Conference Committee Report on Senate Bill 1071.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

SENATOR WELCH

Thank you, Mr. President. Senate Bill 1071 allows for the continuation of testing of water supplies in municipalities. The problem that wedve had is that the funds available for testing the Water supplies were taken away and put in the General Revenue Fund and disbursed in other budgetary purposes. Currently the fund is at a zero level. We need to enact this 1aw to change the Way that we test, and have a committee decide What water supplies are going to be tested and how much the costs are. Currently what we have been doing was chargin: a fee of seventy-five cents multiplied by the number of service connections, with a minimum fee of ninety dollars and a maximum of twenty-five hundred dollars. This did not supply enough money to allow the cities to pay for a1l khe tests and the State to carry them out. This bill itself does not raise fees. What it does is it provides for the Environmental Protection Agency, together with the Community Water Supply Testing Council, to decide what the fee should be to cover the actual costs on a participatory basis between the cikies and the State for testing. And for Ehak reason, we are looking to establish, with this bill, an expanded Community Water Supply Testing Council to determine the costs of the tesks and carry ou* the duties that we imposed upon the State. I'd be glad to try to answer any questions.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If nok, the question is, shall Ehe 28 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Senate adopt the Second Conference Committee Report on Senate Bill 1071. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have all voted who wish? Have all voted who l I wish? Have a11 voted Who Wish? Take the record. On that i question, the Ayes are 56, the Nays are none, none voting Present. The Senate does adopt the Second Conference Committee Report on Senate Bill 1071. And the bill, having received the required ! ! constitutional majority, is declared passed. Senate B1ll 1073, Madam Secretary, please. SECRETARY HAWKER: I First Conference Committee Report on Senate Bill 1073. E

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Rea . SENATOR REA : ! ( Thank you, Mr. President: Ladles and Gentlemen of the Senate. This Conference Committee Report Will provide benefits for community college retirees Who are not currently covered by a local policy, and these are the only higher education retirees ! with no employer- or State-sponsored health benefits. And as I mentioned earlier for clarification purposes, unlike previous ! legislation on this subject, there's no cost impact to the Stake. i The benefits provided in this legislation will be paid in part from existing appropriations for this purpose, with the balance being paid for from the retirees themselves. So there's no fiscal i impact on the State whatsoever. The -- CMS was involved in the : drafting of this Conference Committee Report. The program is voluntary for the colleges who may choose to utilize it or not. Nothing mandates the colleges to qo into this program if they do ! i not Wish to do so. And this Conference Committee Report, as it now stands, is supported by the Community College Trustee Association and the various employee groups that are affected. And I would just simply ask for a favorable vote I . 1 29 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 1992

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Is there diseussion? Senator Sohuneman.

SENATOR SCHUNEMAN

Thank you, Mr. President. This problem's been around the Legislature for a long timez as you recall, and the original proposal was for the State to pick up the entire cost. The people that are sponsoring this bill are trying to solve a real problem , and I think they lve finally found the right solution Which does not have the State pay a1l the cost, and much of this will be picked up by the community colleges. And so I tend to agree With what the Gentleman has said: that we ought to pass this bill.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR WOODYARD

Thank you, Mr. President. And I certainly won't belabor this point, but I also rise in support of this legislation. This is a great deal for -- for the State, I think, with the annuitants picking up a great part of the cost. If youfll recall, this Body and the House passed tbe very bill that Senator Schuneman was talking about, put it on the Governor's desk, in which the State would be picking up a11 of the cost of these communiky college retirees. The Governor - at that time, Governor Thompson - amendatorily vetoed it to change the effective date, and the House refused to call that, even though everybody was in agreement that that should be done. So 1 think Senator Rea iE to be complimented for putting this Conference Committee Report together. It Certainly deserves passage.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR DAVIDSON

Mr. President, Members of the Senate, as I the one who raised questions when we were suspendlng the rules earlier, the question 30 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESMION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 which had been shown to me on an earlier draft is not in this, and I rise in support of this and urge everyone to vote Aye.

PRESIDING OFPICER (SENATOR DEMUZIO)

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

SENATOR REA

I would simply ask for a favorable vate.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is# shall the Senate adopt the First Conference Committee Report on Senate Bill 1073. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted Who wish? Take *he record. On that question, the Ayes are 57, the Nays are none, none voting Present. The Senate does adopt the First Conferenee Committee Report on Senate Bill 1073. And the billy having received the required constitutional majority, is declared passed. Senate Bill 1518. Madam Secretary, please.

Linda Hawker

First Conference Committee Report on Senate Bill 1518.

PRESIDING OEFICER (SENATOR DEMUZIO)

PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Lechowicz.

SENATOR LECHOWICZ

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The First Conference Committee Report on Senate Bi11 1518 takes care of three different items and makes technical revisions requested by the Department of Revenue pertaining to three bills that were passed by the General Assembly and Were signed by the Governor this year. This is a request by the Department of Revenue, as well as the State Treasurer's Office. It makes Illinois law consistent with federal law . This allows double deductions. This Report also contains language that embodies an agreement on -- between the Department of Revenue and the Treasurer's Office and the Retail Merchants' Associatione and it 31 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 1 clarifies the date of January 1st, 1993. I know of no opposition to this. A1l the conferees signed the Report, and I move for its adoption.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Diseussion? Senator Davidson.

SENATOR DAVIDSON

Mr. President and Members of the Senate, I rise in support of this beeause this eorrects an error which was done in legislation which we passed earlier in the spring Session and was signed by the Governor, which would have done away with the double deduction by individuals When they file their income tax. This resolves a problem that was a drafting error, and I rise in strong support.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, the question is# shall the Senate adopt the First Conference Committee Report on Senate Bill 1518. 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? Have a1l voted Who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. The Senate does adopt the First Conference Committee Report on Senate Bill 1518. And the bill, having received the required constitutional majority, is declared passed. 1803. Senator Marovitz. Senator Marovltz on the Floor? Senate Bill 2100. Senator Luft. Madam Secretary, Senate Bill 2100, please.

Linda Hawker

First Conference Committee Report on Senate Bill 2100.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.

SENATOR LUFT

Thank you. Mr. President. Senate Bill 2100 passed the House last night unanimously. It's very simple. A multi-state tax is exempt from taxation -- rolling stock. What this bill does is add 32 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 ko that exemption, for the purpose of clarification, air phones. GTE in northern Illinois, Which buys telephones out of state and then installs them in airplanes, would like to have this better defined as being a permanent part of the airplane which, obviously then, makes this tax -- or that product exempt from the out-of-state use tax. So I'd either try to answer any questions; otherwisez I'd move for the adoption of the Conference Committee Report on Senate Bill 2100.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Is there discussion? If not, the question is, shall the shall the Senate adopt -- question is, shall the Senate adopt the First Conference Committee Report on Senate Bill 2100. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that questionz the Ayes are 55, the Nays are none, none voting Present. The Senate does adopt the First Conference Committee Report on Senate Bill 2100. And the bill, having received the required constitutional majority, is declared passed. All right. With leave of the Body: wedll move to the First Supplemental Calendar that Was passed out this morning. Should be on everyone's desk. The First Supplemental Calendar we have dispatched -- disposed of, shall say, of the Non-concurrence. Secretary 's Desk, Concurrence, is Senate Bill 420. Senator del Valle wishes to have that called. So, Madam Secretary, Senate Bill 420 on the Supplemental Calendar.

Linda Hawker

House Amendment No. 2 to Senate Bill 420.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. I move to concur with the House 33 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 ; amendment. It contained the languaqe in the Governor's amendatory veto that Was ruled in noncompliance in the House of House Bill 3641. It's noncontroversial. It -- it deleted the additional members, but required the Governor to give consideration to the interests of veterans and specified that at least one member belong to a veterans' organization. I move for concurrence. PRESIDING OFFICERI (SENATOR DEMUZIO) A1l right. Is there discussion? If not, the question is, shall the Senate concur with House Amendment 2 to Senate Bill 420. Those in favor will vote Aye. Those opposed will vote Nay. The votin: is open. Have a11 voted Who wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 53, the Nays are none, none voting Present. The Senate does coneur with House Amendment 2 to Senate Bill 420. And the bill, having received the required constitutional majorityy is declared passed. Senate Bill 2088, Madam Secretary, please.

Linda Hawker

House Amendment No. 3 to Senate Bill 2088.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Lechowicz.

SENATOR LECHOWICZ

I Thank youz Mr. President, Ladies and Gentlemen of the Senate. House Amendment No. 3 to Senate Bill 2088 contains a number of provisions that Were requested by Secretary of State George Ryan, as well as some other individuals. Basically what it does. it provides a mechanism for the Secretary of State to capture reimbursement costs from the City of Chicago to carry out an agreed program between two entities - between the City and Chicago Ksicl, as far as the enforcement under the vehicle sticker provisions. It also allows Quincy and Carbondale to provide driver's license and vehicle service transactions. It authorizes I 34 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 the Secretary of State to continue review and license people with ; medical conditions and provide a hearing to those who Wish to appeal their cases. It authorizes the Secretary of State to create the Illinois Literacy Foundation to advance literacy efforts in Illinois. It exempts vehicles operated by a public utility when transporting equipment required for construction, maintenance or repair or <sicl public utility lines, facilities or properties, from specific weight limitations. It authorizes a county board in I ! counties with a county unit district highway system , with approval from the Department of Transportation: to use thirty percent of certain motor fuel tax allocated to it to pay for the cost of construction, maintenance, improvement of county unit roads. It i exempts vehicles transporting portable containers of sixteen hundred gallons or less, rather than a thousand qallons or less, and it defines a relevant market area for neW and used car dealers. Requires the CTA to make budget available three weeks 1 i before public hearings and requires board members to attend those hearings. It keeps the CTA from taking a disciplinary action against an employee in cases involving disclosure. It also provides a provision for the Illinois Supreme Court justices to have special designated license plates when they retire. That's the content of Amendment No. 3, and I move for its adoption. PRESIDING OFFICER: (SENATOR DEMUZIO) 1 I Discussion? Senator Welch.

SENATOR WELCH

I had a question of the sponsor. PRESIDING OFFICER: (SENATOR DEMUZIO) t Sponsor indicates he will yield. Senator Welch.

SENATOR WELCH

Senator Lechowicz, the bill provides for a Literacy Foundation within the Secretary of State's Office. Hasn't the Lieutenant Governor assumed duties with llteracy issues throughout the State? 35 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 It seems to me that there is a conflict here between the Lieutenant Governor and the Secretary of State, and it seems youdre asking us to take sides against former Senator Kustra and support George Ryan.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Lechowicz. I SENATOR LEcHowzcz: i I Let me just respond to that, Mr. President, if I may. 1 Basically, in this amendment, it amends the Illinois Literacy Act, Chapter 128, paragraph 240, to authorize the Secretary of State to create the Illinois Literacy Foundation in accordance With the 1 State Agency Entity Creation Act Which was Public Act 87-687. The 2 proposed languaqe allows the Secretary to establish a not-for-profit corporation to provide a vehicle for the private sector, foundationsz individuals, and the Federal Government to contribute funds to support literacy programs. A11 funds shall be : ; : audited in compliance with the Illinois State Auditing Act. This is a companion bill Which was passed by this General Assembly as Senate Bill 2163. I see no conflict, and I strongly recommend that this provision stay in Amendment No. 3. PRESIDING OFFICER; (SENATOR DEMUZIO) Purther discussion? Senator Welch. I

SENATOR WELCH

Well: I'm certain that we do not Want to have overlapping duties in State Government. We don't want eo have the Lieutenane Governor perform some of the duties thak are the duties of the Secretary of State, and I assume then, by the eoncurrenee of the other side on this, that the duties of the Literacy Council and I a11 literacy issues in *he future will not be handled by the Lieutenant Governor, but rather will be under the jurisdiction of the Secretary of State henceforth. I

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 36 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Senator Lechowicz.

SENATOR LECHOWICZ

I'd just like to remind the Senator that the Secretary of State has handled the literacy grant programs in their budget as long as I've been here, and I would strongly recommend that we continue along this vein.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Welly thank you, Mr. President. I also have concerns about this literacy provision. There's a 1ot of talk these days about what welre going to do with adult education. Literacy falls into that broad category of adult education. There's talk about transference of governance of adult education, but here we have a program in the Secretary of State's Office that's going to growp and yet there are arguments being made for reorganizing adult education and consolidating adult education. So I'm not sure what wedre doing here, but it's certainly something that a1l the Members should take a careful look at.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Purther diseussion? If not, Senator Lechowicz may close. i

SENATOR LECHOWICZ

Let me just point out to the Members who brought up the question as far as the Illinois Literacy Foundation: What We lre doing here is creating a vehicle to capture private funds - private funds which would then be distrlbuted and audited by this State. There is no mechanism currently that exists for the ability to bring in private additional funds for the Literacy Foundation in Illinois. And this would be a non-for-profit vehicle for this purpose. It should receive overwhelming support. I strongly recommend an Aye vote. I 37 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 i PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall the Senate concur with House Amendment 3 to Senate Bill 2088. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted Who wish? Take th I e record . On that question, the Ayes are 55, the Nays are none, 1 voting Present. The Senate does eoncur with House Amendment No. 3 to Senate Bill 2088. And the bill, having received the required constitutional majorityy is declared passed. We have done the Non-concurrence earlier this morning. We are now down on Conferenee Committee Reports. On Supplemental Calendar No. l is Senate Btll 741. Senator Rea. Madam Secretary, please. SECRETARV HAWKER: Senate Bill 741. Second Conference Committee Report. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea. SENATOR REA: Thank you, Mr. President. This Conference Committee Report makes some technical corrections as suggested by the Office of Education to Public Act 997 Which allows a school district to meet certain requirements for the purpose of repairing or replacing school buildings. It affects one school distriet. I would ask for a favorable vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Is there discussion? If not, the question is# shall the Senate adopt the Second Conference Committee Report on senate Bill 741. Those in favor will voke Aye. Those opposed will vote Nay. The voting is open. Have all voted Who wish? Have a1l voted who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. The Senate does adopt the Second Conference Committee Report on Senate Bill 741. And the bill, havinq i 38 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 received the required constitutional majority, is declared passed. Senate Bill 1554, Madam Secretary, please.

Linda Hawker

First Conference Committee Report on Senate Bill 1554. PRESIDING OFPICERJ (SENATOR DEMUZIO) Senator Berman.

SENATOR BERMAN

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill addresses a couple of problems throughout the State. Number one, as to the Chicaqo Public School System, it exempts the superintendent from the State Superintendentls certification requirements. It also, as to Chicago, allows the use of playground tax revenue for extracurricular activities. In the Rockford School Distriet, it exempts the next superintendent from the State certification requirements for the term of his contract until 1996. And in the Champaign-Ford Regional Office of Education, gives the State Board of Education the power to Waive collection of eighteen thousand dollars or less that Was the subject of a inquiry regarding the proper use of those funds. Be glad to respond to any questions, and solicit your Aye vote.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Al1 right. Discussion? Senator Hawkinson.

SENATOR HAWKINSON

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

PRESIDING OFFICER (SENATOR DEMDZIO)

PRESIDING OFFICER: (SENATOR DEMDZIO) Indicates he will yield. Senator Hawkinsan.

SENATOR HAWKINSON

Senator, some months ago there was a flurry of activity in private donations about -- to the Chicago public schools for extracurricular activities to take place this year. Does this now expand a new property tax levy for that purpose? 39 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

SENATOR BERMAN

The tax levy stays the same, but the purposes is expanded so that we include extracurricular activities within the scope of what Ehat levy was for.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

SENATOR HAWKINSON

But there's no limit on as long as -- so youdre adding to the purposes, so, in effect, you're increasing the levy under that purpose section, similarly when ke've added under the tort levye if you add a new purpose, the actual practieal levy goes up. You dre adding a purpose to this playground levy nowz so you can actually collect more taxes.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) I'm sorry. Senator Berman.

SENATOR BERMAN

If I understand your question, unlike the tort levy, which has no cap, this has a cap ; there's a limit to the playground tax levy.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson.

SENATOR HAWKINSON

What's the limit, and does this in any -- any way increase that limit by adding another purpose to it?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

SENATOR BERMAN

Let me answer the second part first. This does not increase the levy. It merely expands the purposes for which the existing levy may be used. I don't know what that -- the amount of the 40 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 ! levy. It's a relatively small amount, but I don 't know What the amount ks. It's been suggested it's eight cents.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson. A11 right. Further discussion? Senator Palmer.

SENATOR PALMER

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

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR PALMER

Senator Berman, I just wanted to ask, on applying these monies to the extracurricular programs - I was looktng at the language - does this mean that it will be used only in that particular year that it is required, or is it a general -- is it generally now available for - I'm picking up on what Senator Hawkinson was asking you - the extracurricular activities: football and so forth and so on? Is this reviewed each yearz or is it just qenerally now available?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.

SENATOR BERMAN

This purpose. along with the other previously allowed purposes of this levy, are determined in the budgeting process of the Board of Education each year. But the inclusion of extracurricular activities is a permanent addition to the allowed use of the levy. I hope that answers the question.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR PAWELL

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

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) I 41 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Indicates he will yield. Senator Pawell.

SENATOR FAWELL

Senator Berman, on this portion about the superintendent not having the required certification for superintendent of schools up in Rockford: there doesn't seem to be any requirements under thak if you exempt that certification. Are there some other sort of -- is there some other requirement now that's goin: to be mandated?

PRESIDING OFFICCR (SENATOR DEMUZIO)

PRESIDING OFFICCR: (SENATOR DEMUZIO) Senator Berman.

SENATOR BERMAN

Let me -- 1et me try to answer, and if -- and if Senator Holmberg wishes to clarify my -- my explanationy I would defer to her. The person who's got the -- Who's waiting for the contract is presently the assistant superintendent. It is -- it is to accommodate the board's wishes to put him into the superintendency that we are putting this in. They bve got the guy. He has a1l the qualifications, except -- he's had all the qualifications for the assistant superintendent. They want to use him in the higher position. This is to accommodate their request. I defer to Senator Holmberg if she wishes to add anythin: to that explanation.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg.

SENATOR HOLMBERG

Thank you, Mr. President. Yeah, this is a one-time situation. 0ur present -- our previous superintendent has just left. We are right in the middle of a lawsuit on desegregation that has become very, very complex, very lengthy and the community and the board chose the assistant superintendent to be deputy superintendent because he lacked, I think, a course, or something like that, of being full superintendent. It's their Wishes that he, I think, remain until this lawsuit is settled. Right now we have someone 1 I 42 i I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 else with the other kind of certification signing the legal papersz and this would simplify the work of the Rockford School System. ! PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Pawell. SENATOR FAWELL: Well, for the legislative intent, you are not suggesting that these superintendents not have this certification in other districts. It's -- it's Ehis particular problem that you have up in Rockford. I just don't want to have -- a11 of a sudden open the door to every nonqualified person to be able to run for this position. That's -- that's my concern. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Holmberg. SENATOR HOLMBERG: In answer to your question, it applies only -- you know, the wording of the leqislation applies only to one specific school district, and thatls Rockford. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Karpiel. SENATOR KARPIEL: Thank youz Mr. President. Well, on that point, I also want to say that it only applies not only to -- specifically to Rockford, but only to this particular individual, because after 1996, they a1l will have -- which is just giving him a three-year period to earn his eertification, and afker that, any other new superintendent that is hired will have to have the State certificate, just as a1l the other superintendents in the Statez with the exception now of Chicago, Whieh is in this bill. We are taking out the superintendent of Chicago and, very frankly, I i think thatls probably a good idea. In a district that has to handle somewhere, I believeg around two billion dollars, we need 43 I STATE OF ILLINOIS 87*h GENERAL ASSEMBLY j REGULAR SESSION ! SENATE TRANSCRIPT ' 139th Legislative Day December 3, 1992 I somebody that is a business manager, not necessarily having to require al1 the education requirements. The same thing is true of the -- of the -- the number - one, two, three, four - fourth point I : in this . It has to do with the business administrators - school I business administrators. We're taking away the requirement that i , they need to be -- have these education requirements, and allowing people that have MBA and are a CPA that have accounting background to be qualified as a school business administrator. A 1ot of the Downstate school districts requested this, as well as Chicago. This is a bill that has been agreed upon by the State Board of -- State Board of Education, the Chicago education people, and I request an Aye vote. PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Is there further discussion? If not, Senator Berman may close. SENATOR BERMAN: Let me just add one postscript to Senator Karpiel's comments. I've been communicated with by the principal officers of the Illinois Association of School Business Officials, who raised some questions regarding the provision dealing with the chief school business official, and Ilve indicated that Wedll be glad to take a look at that. If there's a problem that we 've createde wefll address it in the spring Session. Other than that, I solicit your Aye vote. PRESIDING OFFICER: (SENATOR DEMUZTO) Question is, shall the Senate adopt the First Conference Committee Report on Senate Bill 1554. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 56, the Nays are nonez none voting Present. The Senate does adopt the First Conference Committee Report on Senate Bill 1554. And the 44 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 bill, having received the required constitutional majority, is ; declared passed. Now: as I understand it, the Second Supplemental is being passed out to al1 of the Members. Itfll take a few i seconds to load the machine; howevere We do have some resolutions I i that perhaps We could proceed with. So, with leave of the Body, we will go to the Order of -- of Resolutions, Madam Secretary. i i

Linda Hawker

Senate Resolution 1654 offered by Senator Hawkinson and al1 Members. 1 Senate Resolution 1655 offered by Senator Smith. : Senate Resolution 1656 offered by Senator Smith. I Senate Resolution 1657 offered by Senator Dart. I Senate Resolution 1658 offered by Senator Marovitz. j ! Senate Resolution 1659 offered by Senator Demuzio, President Rock and a11 Members. Senate Resolution 1660 offered by Senator Hudson. I Senate Resolution 1661 offered by Senator Hudson. l Senate Resolution 1662 offered by Senator Ralph Dunn. Senate Resolution 1663 offered by Senator Ralph Dunn. They are al1 congratulatory and death resolutions. I

PRESIDING OFFTCER (SENATOR DEMUZTO)

PRESIDING OFFTCER: (SENATOR DEMUZTO) Consent Calendar. ! ! SECRETARY HAWKER: I j q Senate Joint Resolution 193 offered by Senator Ralph Dunn. It is a death resolution. i And Senate Joint Resolution 194 offered by Senator Demuzio. I It is congratulatory. ;

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Dunn, you cannof speak from the Floor because wedre loading the machine. But the last tWo resolutions I I numbering -- Madam Secretary. S Joint Resolution l93 and Senate ; Joint Resolution l94 are both congratulatory. So, with leave -- 45 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 with leave of the -- Senator Dunn would move to suspend the rules for the immediate consideration and adoption of both Senate Joint Resolution 193 and 194. Those in favor, indicate by saying Aye. Opposed, Nay . The Ayes have it. The rules are suspended. Senator Dunn now moves the adoption of both Senate Joint Resolution l93 and 194. Discussion? If not, those in favor Will indicate by saying Aye. Opposed, Nay. The Ayes have it. The resolutions are adopted. And that's for the purpose of getting those congratulatory resolutions over to the House in an effort and an opportunity to see to it that they are passed today and do not linger on the Calendar. Resolutions.

Linda Hawker

Senate Resolution 195 <sic> (1664) offered by Senator Topinka. It is substantive.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Executive. ...tmachine cutoffl... We are still on the Order of Resolutions and Senate Resolution 1667 was read into the -- I1m sorry, 1664 *as read into the record; it was assigned to the Committee on Exec because it was represented that it Was substantive. Senator Topinka indicates that that has been cleared by both sides of the aisle. So Senator Topinka moves to discharge the Committee on Executive from further consideration of Senate Resolution 1664 in order that it may be considered -- considered now. Those in favor, indicate by saylng Aye. Opposed, Nay. The Ayes have it. The Executive Committee is discharged. Now Senator Topinka, on Senate Bill -- Sena*e Resolution 1664, please.

SENATOR TOPINKA

Mr. President and Ladies and Gentlemen of the Senate, the resolution, 1664 -- a11 this does is extend the reporting date for two years from a resolution that we passed last Session empowering the Illinois Health Facilities Planning Board to be able to develop statistics and data regarding duplication of health care 46 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 services in the State. With the advent of the Medicaid provider tax, it's added a neW variable to the mix. As a result, they need 1 two more years to factor those -- those statistics into the mix. And that is all this does.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Senator Topinka has moved the adoption of Senate i Resolution 1664. A11 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. Senate Resolution 1664 is adopted. Standing at ease, allowing the lame ducks to stretch their wings. A1l right. With leave of the Body, wefll move to the Second Supplemental Calendar. Second Supplemental Calendar that's been passed out on your desks. Conference Committee Reports is House Bill 3815. Madam Secretary, please.

Linda Hawker

Second Conference Committee Report on Senate Bill -- pardon me, on House Bill 3815.

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jones.

SENATOR JONES

One minute, one minute. Okay. Thank you: Mr. President and Members of the Senate. I move that the Senate adopt the Second l Conference Committee on House Bill 3815. And What it does is it amend the Interior Design Profession Act to allow those individuals who were inadvertently left out an opportunity to get in - opens a window. It allow khe Professional Counselor and Clinical Professional Counselor Licensing Act -- for those persons to be included -- in the Interior Design Profession -- okay. And k it amends the Illinois Animal Control Act to provide that administrators, deputy administrators of animal and -- control wardens shall not have police powers, except to issue and serve violations. And it amends the Liquor Control Act to authorize the Liquor Control Commission, with the approval of the Illinois 47 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Liquor Control Commission, to issue a new license to a new licensee for a permit where an original license had been revoked. And that's a11 that the Conference Committee does. Wait a minute. Oh yeah. Okay. It also has some teehnical changes made by the Department of Public Realth as it relate to the Illinois Clinical Laboratory Act, and it has some clarifying language in here under the Illinois Naprapathic Act as it relate to a Word that Was inadvertently left out ''and/ord'. So it makes, basically, technical changes in most of these Acts, and I ask for a favorable vote on the Conference Committee. END 0F TAPE TAPE 2

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Discussion? Senator Schuneman .

SENATOR SCHUNEMAN

Thank you, Mr. President. For those of you who may look a: the Conference Committee Report, youfll note that there are no Republican signatures. understand that this Report was circulated late last night, and that's the reason that there are no Republican signatures. Staff informs me, however, that the changes in this bill are as the sponsor has indicated, and that we should be in support of his motion.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Fawell.

SENATOR FAWELL

Thank you. Will the sponsor yield for a question? Senator: I got a note the other day from the naprapaths, and are they okay 48 i STATE OP ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 now on this bill? PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jones. SENATOR JONES: l ! Yes, the Medical Society is okay on this. It's an agreed l i language. ! PRESIDING OFFICER: (SENATOR DEMUZIO) ! Further discussion? If not: the question is, shall the Senate adopt the Second Conference Committee Report on House Bill 3815. ! Those in favor will vote Aye. Those opposed will vote Nay. The : voting is open. Have al1 voted who wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that 1 question, the Ayes are 54 Ksic> (55), the Nays are none, none ! voting Present. The Senate does adopt the Second Conferenee Committee Report on House Bill 3815. And the bill, having received the required constitutional majority, is declared passed. 1 ! Senate Bill 1030 <sie> (130). Senator Woodyard. Madam Secretary, please. SECRETARY HAWKER: First Conference Committee Report on Senate Bill 130. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Woodyard. SENATOR WOODYARD : 1 Thank you, Mr. President, Members of the Senate. Madam Secretary, do I need to Withdraw that? This is a corrected conference committee report. All right. Thank you very much. As you can see from the bill number, the First Corrected Conference Committee Report on Senate Bill l30 has been around a long time. It's almost as o1d as I am. I kill tell you that it eertainly has nothing Whatsoever to do with day care homes: but it does do two things for Department of Conservation, both of Which, as far as I can determine, are noncontroversial, and I don 't know of any 49 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 opposition to to these two provisions. It would allow the transfer from the Department of Conservation to Dixon Park District a tract of land of five hundred and seventy-six acres. The second component - it changes the effective date on the bow hunting season and the -- and the Wild turkey season from What we changed last spring in the Habitat Stamp Act. And that's the two provisions. That's a11 that does, and Would seek your support.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall the Senate adopt the First Corrected Conference Committee Report on Senate Bill 130. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted kho wish? Have all voted Who wish? Have a1l voted who Wish? Take the record. On that question, the Ayes are 56# the Nays are -- I'm sorry -- on that question, the Ayes are 57, the Nays are none, 1 qsic> (none) voting Present. The Senate does adopt the First Corrected Conference Committee Report on Senate Bill 1030 <sic> (130). And the bill, having received the required constitutional majority, is declared passed. Senator Macdonald, I understand your Conference Committee Report has just now been circulated. It is the most recent thing on the -- on the Members' desks. Does everyone have a copy of Senate Bill 1635? If so, Madam Secretaryz Senate Bill 1635.

Linda Hawker

First Conference Committee Report on Senate Bill 1635.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald.

SENATOR MACDONALD

Thank you, Mr. President. I'm qoing to relinquish my time to speak to Senator Fawell. This is actually Senator Philip's bill now, and would prefer this is a matter, guess, that 50 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 pertains to Dupage County mostly, so I would like for her to explain. They have used my bill, which is certainly fine With me, but I would like for her to explain in full what the bill does. Thank you.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.

SENATOR FAWELL

Thank you very much, Mr. President. A11 this bill does, it -- it's sort of a clean-up bill. It allows the petition seeking a vote to abandon a county board of election commissioners to be signed by ak least ten percent of the registered voters in the county. The problem right noW is# there is a question because it refers to another Section of the Statutes: and the Statutes are unclear of what the percentage of petition is that are needed for this particular bill.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR WELCH

Question of the sponsor. Can you tell...

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell indicates she will yield. Senator Welch.

SENATOR WELCH

Senator Fawelly what counties, other than Dupage, does this apply to? Do you have a list?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Pawell.

SENATOR FAWELL

None.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not: the question is, shall the Senate adopt the First Conference Committee Report on Senate Bill 1635. Those in favor will vote Aye. Those opposed, Nay. The votin: is 51 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 open. Have a11 voted who Wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 57, the Nays are none, none voting Present. The Senate does adopt the First Conference Committee Report on Senate Bill 1635. And the bill, having received the required constitutional majorityz is declared passed. Motions in Writing. House Bill 3986. Senator Darte do you wish to proceed? Madam Secretarye please.

Linda Hawker

I move to suspend the appropriate Senate rules in relation to House Bill 3986 so that the bill may be considered by the Senate. Filed by Senator Dart.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Dart.

SENATOR DART

Thank you, Mr. President and Members of the Senate. I move that We suspend the appropriate Senate rules in relation to House Bill 3986 so the bill ean be considered by the Senate. The bill deals with some criminal clean-up measures.

PRESIDING OFEICER (SENATOR DEMUZIO)

PRESIDING OFEICER: (SENATOR DEMUZIO) Is there discussion? A1l right. Senator Dart has moved to suspend the appropriate Senate rules in relation to House Bi1l 3986 so that the bill may be considered by the Senate. All in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. The motion carries. While welre on that order of business, Senator Cullerton has a Motion in Writing back on your regular Calendar. With leave of the Body: wepll go to the regular Calendar, page 24. The regular Calendar, page 24# Motions in Writing, is Senate Bill 1699. 699. Senator Cullertony is that the correct number, 699? Hefll tell you in a second. Senator Cullerton.

SENATOR CULLERTON

52 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Yes...

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) I beg your pardon. Madam Secretary, please.

SECRETARY RAWKER

I move to Waive Senate Rule 5C With regard to Senate Bill 699 and that the bill may be ruled exempt so that it may be considered by -- considered this Session. Filed by Senator Cullerton.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.

SENATOR CULLERTON

Yes, thank you, Mr. President: Members of the Senate. I Would, as indicated, move to waive the appropriate rule so we can consider this bill. This bill deals with the Electrical Licensing Act. Be happy to answer any questions.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR GEO-KARIS

Mr. President and Ladies and Gentlemen of the Senate, this bill that my Worthwhile colleaque on the other side is endeavoring to pass has had about nine or ten or eleven livesz and I certainly speak against the motion. I think this bill should be dead, dead, dead, and it's abouk time we gave it its justifiable demise. speak against the motion. Rol1...

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR SCHAFFER

Mr. President, Members of the Senate, think Senator Geo-Karis is soft on this issue. You know, shortly I will leave this Body, and one of the greatest regrets I'm going to have is having partieipated - even though I didn 't vote for them - on this unneeded expansion of licensure - this very self-serving expansion 53 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 I I of licensure - that this Legislature has indulged in in the last decade. It's incredible to me that while Eastern Europe and the Soviet Union has legislative bodies meeting - as we speak - to cut 1 back these layers of unnecessary regulation and overburdensome government, that Wedre moving in the other direction. When this bill was passed and the Governor correctly and courageously vetoed it, I had a meeting up in the Belvidere area With a bunch of electricians - little guys that worked out of their garages and their homes and pickup trucks and panel trucks.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer, We are debating the motion, not the bill.

SENATOR SCHAFFER

Well, it's such a foul motion, it should die a quick death, and I want everyone to understand that.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right.

SENATOR SCHAFFER

And they came to me. And the thing I'm trying to get through to you, Senator Cullerton: they were al1 Democratsz and they said, ''Whatever happened to the little guy?'' And I said, ''Your party's stamping them out.'' Vote No.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Okay. Senator Cullerton, do you wish to close? I -- I suspect there's a roll call request. Senator Cullerton has moved to Waive Senate Rule 5C with regard to Senate Bill 699, that the bill be exempted and can be consldered this Session. Those in favor of that motion will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 30, the Nays are 26, none voting Present. And the motion prevails. Senator Schaffer: for what purpose do you rise? 54 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 E SENATOR SCHAFFER: Let's see who's on this roll call. i PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer, your debate was a11 about Europe. Are you talking about the people here..oall right. Let's -- a11 right. Senator Schaffer has requested a verification of those Members who voted in the affirmative. Madam Secretary, please read the names of the Members who voted in the affirmative with respect to this motion, please. SECRETARY HAWKER : The following Members voted in the affirmative: Berman, Brookins, Carroll, Collins, Cullerton, Dart, DeAngelis, del Valle, Demuzio, Di Turi, Thomas Dunn, Holmberg, Jacobsr Jones, Joyce, Kellyr Lechowicz, Leverenzz Luft, Mahar, Marovitz, Munizzi, Rauschenberger, Rea, Savickasz Severns, Smith, Topinka, Welch and Mr. President. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Schaffer, do you question the presence of any Member who voted in the affirmative on this motion? Senator Schaffer. SENATOR SCHAFFER: Well, try Marovitz. That usually works. PRESIDING OFFICER: (SENATOR DEMUZIO) Is Senator Marovitz on the Eloor? I can't tell if he's sitting in his seat or not. SENATOR SCHAPPER: One more timez Billy. One more time, Billy. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Marovitz on the Ploor? Senator Marovitz on the Floor? In the State of Illinois? In the -- strike his name. Senator Schaffer. A1l right. On the verified motion, the Ayes are 29, the Nays are 26, none voting Present. The motion fails. 55 I '! ; ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139*h Legislative Day December 3, 1992 SENATOR SCHAFFER : Thank you, Billy, wherever you are. PRESIDING OFFICER: (SENATOR DEMUZIO) With leave of the Bodyz we Will now -- leave of the Body, we have -- Senator Berman has requested that we go to the -- while we 're on the regular Calendar, page l8, on Concurrence. Regular Calendar, page l8, on Concurrence. Al1 right. With leave of the Body, we'll go to the Order of Secretary's Desk, Concurrence, for Senate Bill 1092. It's in the middle of the page there, on page 18. Madam Secretary, please. SECRETARY HAWKER: House Amendment No. l to Senate Bill 1092. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator -- Senator Berman. SENATOR BERMAN: Thank you, Mr. President. I move that we concur in -- in the House Amendment No. 1. What this bill does -- therels a discrepancy that existed between the provisions of the Probate Act and the Wrongful Death Act as to the amount of money that could be distributed Without going through the probate division process of establishing a filing of inventories and current accounts. There was a discrepancy between one thousand dollars and five thousand dollars between the two Acts. This brings both Acts into conformity at the five-thousand-dollar level. It's a request from the Probate Division of the Circuit Court of Cook County. Be glad to respond to any questions. PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Discussion? Senator Barkhausen. SENATOR BARKHAUSEN : Mr. President and Membersz I have discussed this matter with Senator Berman. As he said, it is a recommendation of the judges that have to deal with these types of cases, and I recommend i 56 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 passage of Senate Bill 1092.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Is there further discussion? If not, Senator Berman has moved that the Senate concur with House Amendment No. to Senate Bill 1092. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted Who Wish? Have a1l voted who wish? Have a1l voted who wish? Have all voted who wksh? This is one time that I'm not going to do anythkng Without your permission. So, have all voted who wish? Take the record. On that question, the Ayes are the Nays are none, none voting Present. The Senate does concur with House Amendment 1 to Senate Bill 1092. And the bill, having received the required constitutional majorityz is declared passed. While we are on that order of buslness, Secretary 's Desk, Concurrence, right below Senator Welch has indicated he wishes to proceed With Senate Bill 1986, Madam Secretary.

Linda Hawker

House Amendments 2, 3, 5, 7, 9 and to Senate Bill 1986.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.

SENATOR WELCH

Thank you, Mr. President. This Conference Committee Report contains a number of amendments which believe to be noncontroversialz and 1et me try to explain them . The bill is summarized in the -- in the Digest on everyone's desk, if khey want ko follow along. 0ne amendment amends the Child Labor Law. It's a bill proposed by the Citizens Assembly. Itls identical to another bill that passed last year. Requires employers of minors under sixteen years to post tbe Department of Laborls toll-free telephone number to report violations of child labor laws. Limits the validity of work certificates to one year. It contains other 57 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 changes in the Child Labor Enforcement Law that the Citizens ! Assembly proposed. A second amendment amends the Motor Vehicle I Retail Installment Sales Act requiring the obllgation of a guarantor of a motor vehicle contract to take effect upon the insolvency of the primary obligor. A service of summons would not be obtained on the primary obligor if it's apparent that it is useless, or to proceed against the initial obligor on the debt. Another amendment amends the Condominium Property Act and the Code of Civil Procedure, permitting condominium owners to challenge the board of managers and be reimbursed for legal expenses if successful, clarifying procedure for proxy and cumulative voting. It also provides for secret ballots for condominium votes. Currently, if a person votes, it can be discovered how they voted, which creates a situation within the condominium which is very difficult for the remaining residents. Another amendment amends the Code of Civil Procedure, providing for restoration rights of residential housing cooperatives. Another amendment amends the Illinois Wage Payment and Colleckion Act, empowering the Department of Labor to conduct hearings in accordance with the Administrative Procedures Act and to issue orders requiring employers to pay wages to employees under the provisions of thak Act. And a final amendment amends the Condominium Property Act, requiring the ballots to be maintained for one year. It's my understanding that the amendments -- most of the amendments are basically administration amendments and that they Were noncontroversial. I'd be glad to try to answer any questions.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Discussion? Senator Hudson.

SENATOR HUDSON

Thank you, Mr. President and Ladies and Gentlemen of the Senate. We 've a11 heard reference made around here to Christmas trees when it comes to bills, and this is What we have in this 58 STATE OP ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 ! ! particular measure. We've qot a whole series of things here that affect child labor laws; they affect a 1ot of things. They have j not been debated, discussed. They come over from the House. It's a pile of junk, frankly, and it's over here waiting for us to put our stamp of approval on it. And I would sugqest to a11 -- to a1l I ! of my colleagues here in the Senate that instead of doing that: We vote this thing down. T think it really should be voted down until wedve had a chance to debate and discuss and to think about l i these measures. It is truly a Christmas tree, and I think we'd be , ' ill-advised to pass it at this time. There Will be plenty of time i in the future, down the pike: with a11 due respects to my , colleague on the other side of the aisle. Please vote No.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator HaWkinson. ' ! !

SENATOR HAWKINSON

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

PRESIDING OFEICER (SENATOR DEMUZIO)

PRESIDING OFEICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Hakkinson. I SENATOR HAWKINSON: l Senator, Digest seems to indicate that Amendment No. 9 was adopted in the House and is one of them that we're asked to concur i in. The Digest indicates that limits of coverage for injury to family members will not apply in a homeowner's policy when a third party acquires a right of contribution against a member of the -- ! the household. Could you just fill that out for me a little bit - explain that? I understand what contribution is, but give me an ! example of -- of what we're talking about here.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

SENATOR WELCH

Well, frankly, that was Senator Cullerton's initiative, but 59 i STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 139th Legislative Day December 3, 1992 I ! ! 1et me try to sort it out. Homeowner's policy limiting the bodily injury coverage for family members does not apply when there's a subrogation to a -- a third party, that the third party could I i obtain contribution, I believe, from individuals within that same household, is my understandin: of what it was intended to be. PRESIDING OFFICER: (SENATOR DEMUZIO) Sorry. Senator Hawkinson. SENATOR HAWKINSON: And then the limits that would apply would be the general policy limits under the policy, rather than the usual restrictive limits or# perhaps, even exemptions under the -- or exclusions under the homeowner's policy. In other wordsy your homeowner's policy might not cover an injury to a family member normally. And are we saying that that exelusion would be invalid: or only that if there is coverage with some lower limits, that those lower limits would not apply Where there's a right of contribution? Would this affect exclusions under a homeowner's policy, or only where there's coverage and some rather 1ow limits? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH: Basically, it affects the limits as opposed to the coverage. It, I believe, invalidates the limits when the situation occurs or the thir: party acquires the right for the contribution, rather than excluding coverage at all. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hawkinson. SENATOR HAWKINSON: So as I understand it then, if a homeowner's policy does not provide coverage, or has an exclusion in there that it does not apply to bodily injury to a family member, then that would be unaffected by this amendment. 60 ln STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Weleh. SENATOR WELCH: That is my understanding, Senator. PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Purther discussion? Senator Schuneman. SENATOR SCHUNEMAN : Thank you, Mr. President. Will the sponsor yield? PRESIDING OFFICER: (SENATOR DCMUZIO) Indicates he will yield. Senator Schuneman. SENATOR SCHUNEMAN: Senator, this this provision that Senator Hawkinson has just talked about comes from a strange direction. Can you name any homeownerls insurance policies that are issued in the State of Illinois that don't have this exclusion that youdre referring to? PRESIDTNG OFPICER: (SENATOR DEMUZTO) Senator Weleh. SENATOR WELCH : Well, I'm trying to think of some policies, but off the top of my head, I can't think of any, Senator Schuneman. In fact, as I saidy this this wasn't my provision; it was Senator Cullerton's. Hopefully we ean get him to the Floor to answer these questions. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Schuneman. SENATOR SCHUNEMAN: Well, I've not read every homeowner's lnsurance policy in this State, but I've sure read a whole 1ot of them, and it's in every policy I've ever seen. And apparently what the sponsors are seeking to do here is broaden the homeowner's coverage that is intended to be a limited liability for the protection of people who live within a household. Now what this seems to be doing is 61 1 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 allowing some way in which attorneys can bring actions on behalf of one member of a household against another member of that household. Now, I guess We ought to ask, first of all, if we ought to be doing this, and secondly, if we do it, how much are we raising the premium costs for every homeownerfs in the State. You know, we -- I donft thlnk we ought to do this at this late date without adequate hearings, so that we a1l know what we fre doing. PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Further -- further discussion? If not, Senator Welch may -- may close. SENATOR WELCH: Well, thank you, Mr. President. It's easy to attack a conference committee report by saying, ''Wel1# you know, we haven't debated thisz'' but it's been sitting on our desks since June of 1992, and that's six months. don't knoW how much longer a report can sit on a desk. In fact: this bill has been around longer than any other bill we voted on today. And the provisions that -- that are being questioned, certainly amending the Child Labor Law - this was a provision that was worked out by the Citizens Council, which is composed of legislators and individuals interested kn these kssues Who have debated thks and come to the conclusion that that requiring employers to give minors rights that are available to adults is the Way to go. I don't see how we can oppose doing that. As far as the Motor Vehicle Retail Installment Act amendment, What this does is merely say that if you can'k find khe person who signed the loan - signed Ehe loan papers - and there 's somebody who is a guarantor with him, you can go ahead and serve the guarantor and not waste the court's time or the money to be paid by going after the original obligor on the loan. The other amendments affecting Condominium Property Acts basically are provisions affecting procedure, as opposed to substantive issues, and it seems to me that they are just 62 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 technical in nature and are merely changes that will enhance the Condominium Property Act. And the -- and the provision that Senator Schuneman raised, I'm informed that the insurance industry has no problem with. They have signed off on that provision, as have the Trial Lawyers. The provision is already available in vehicle insurance policies, and Wedre extending it to homeowners' insurance policies. So it seems to me that there's a lot of red herrings being raised here. This merely extends the same concept to homeowners' policies that currently exist in vehicle policies. So I Would urge an Aye vote.

PRESIDING OPFICER (SENATOR DEMUZIO)

PRESIDING OPFICER: (SENATOR DEMUZIO) A1l right. The question is# shall the Senate -- Senator Schuneman, for what purpose do you rise?

SENATOR SCHUNEMAN

Well, for purpose of a question: Mr. President.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Well, the Gentleman had -- bad closedy Senator Schuneman.

SENATOR SCHUNEMAN

Wellz I'm sorry, if I may -- as an elderly departing Membere if I may be granted a special privilege. Xou know, I'd be interested in knowing who in the who speaks for the insurance industry. You know, the insurance industry is a broad, broad group of people, and notice there are a whole passel of attorneys over there gatheredy trying to seek -- trying to solve the problems of the insurance industry, and somehow that always makes me kind of nervous. I don 't know why that is. Probably undeserved. But I suspect that there's a Whole 1ot of litigation going to be filed as a result of this little change that -- that wedre going to make here in the General Assembly. And so, perhaps the insurance industry, or some part of it, has agreed to some of - - one of these Gentlemen that this is okay. Nobody 's spoken to me about it: and I'd be curious to know just What the exact effect 63 I I I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 is. PRESIDING OFPICER: (SENATOR DEMUZIO) Al1 right. The question is, shall the Senate concur with House Amendments 1, 2, 3, 5, 6, 7 and 9 to Senate Bill 1986. Those in favor Will vote Aye. Those opposede Nay. The votin: is open. Have all voted Who Wish? Have a11 voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Have all vated who wish? Have a11 voted who wish? Have all voted who wish? Have a11 voted who wish? How about this one: Have all voted Who wish? Have a1l voted Who wish? Last call. Take the record. On that question, the Ayes are 28, the Nays are 29, none voting Present. The motion fails, and the Secretary shall so inform the House. With that, let's take -- stand at ease a moment until We get some additional Calendars down here. I'm sorry. Senator Welch. SENATOR WELCH : I was just curious as to what age yuu've reached to be the -- have the elderly status where you can make a statement after a closing statement. I know Senator Schuneman has now achieved that. I was wondering when I will achieve that status. PRESIDING OFFICER: (SENATOR DEMUZIO) You asking me? Stand at ease for just just momentarily. The Third Supplemental is now being passed out. So as soon as the - - all that's on the Members' -- soon as that arrives on the Members' desks, then We Will proceed with the Third Supplemental. Itlll be Luft, Luft, Luft. Messages from the House. SECRETARY HAWKER: A Message from the House by Mr. O'Brieng Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following titleg to wit: Senate Bill 1740 With House Amendments l and 2. I have a like Message on Senate Bill 318 with House Amendments 64 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 l and 2. Both passed the House, as amended, December 3, 1992.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Secretary's Desk, Concurrence. Message from the House.

Linda Hawker

A Message from the House by Mr. O 'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to recede from their Amendment No . l to a bill of the following title, to Wit: Senate Bill 1048. I am further directed to inform the Senate that the House of Representatives requests a Eirst Committee of Conference to consist of five Members from each House to consider the differences of the two Houses in regards to the amendment to the bill. Action taken by the House, December 3, 1992.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. A1l right. Senator Di Turi moves that We accede to the request of the House and request for a conference. And the motion carries. Everyone have Supplemental Calendar No. 3 now on your -- on your desk? A1l right. We need to -- v/ith leave of the Body now, wedll move to the Order of Supplemental Calendar No. We'll move to Motions in Writing with respect to Senate Bill 318. Madam Secretary, please.

Linda Hawker

I move to waive SenaEe Rule 5C With regard to Senate Bill 318, and that the bill be ruled exempt so that it may be considered this Session. Filed by Senator Luft.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.

SENATOR LUFT

65 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Thank you, Mr. President. I do ask to waive the appropriate rules so We can consider immediately Senate Bill 318.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Luft has moved to waive Senate Rule 5C with regard to Senate Bill 318, and the bill be ruled exempt so that it may be considered this Session. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Motion carries. A11 right. Secretaryls Desk, Concurrence, is Senate Bil1 318, Madam Secretary.

Linda Hawker

House Amendments l and 2 to Senate Bill 318.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft yields to Senator Jacobs. Senator Jacobs.

SENATOR JACOBS

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3l8 is House Bill 1918 that we voted out of here yesterday. We indicated at that time there were some problems with the language -- with the system language on the telephone. That has been removed. This becomes House Bill -- becomes House Bill 1918 without that lanquage, and I ask for your support.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR MADIGAN

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

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Indica*es he will yield. Senator Madigan.

SENATOR MADIGAN

Senator, is the title insurance language on Senate Bill 3l8 that has been talked about?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.

SENATOR JACOBS

66 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 What House Bill 1918 dealt with was the Martinsville and the Dow Chemical and some 9-1-1 cleanup, and doing away With the Simon Commission. It has nothing to do with that, Senator.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Madigan. SENATOR MADIGAN : j Does this have the -- there was discussions regarding fees With the Department of Insurance. What is the status of that? PRESIDING OFFICERI (SENATOR DEMUZIO) Senator Jacobs.

SENATOR JACOBS

That's a11 been deletedz Senator. This is strictly House Bill 1918, as I understand it, unless I'm misunderstanding the question.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Madigan. Further discussion? A1l right. With -- if -- if not, Senator -- Senator Jacobs moves that the Senate concur with House Amendments 1 and 2 to Senate Bill 318. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who Wish? Have a1l voted Who Wish? Have all voted Who wish? Have all voted Who Wish? Have all voted Who wish? Take the record. On that question, the Ayes are 54, the Nays are 1, none voting Present. The Senate does concur with House Amendments l and 2 to Senate Bill 318. And the bill, having received the required constikutional majority, is declared passed. Senate Bill 1740. Madam Secretary.

Linda Hawker

House Amendments l and 2 to Senate Bill 1740.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft. SENATOR LUFT: ! i Thank you, Mr. President. I would ask that the Senate do 67 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 ; concur in House Amendments No. ! 1 and No. 2. What happened -- last 1 i year we passed legislation, in the last spring Session, which we authorized - or appropriated - a transfer out of the General Fund i into the Tourism and Promotion Fund. What we did not do is provide ! the technical lanquage for that to take placee and that's effectively what we're doing in this bill -- I mean, in these amendments. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Discussion? Senator Donahue. SENATOR DONAHUE: According to my analysis, Senator, does this also -- this carries the tourism DCCA money as well? The ten million. I didn't hear your explanation, if youfve already addressed that. PRESIDING OFFICER: (SENATOR DEMUZIO) ! Senator Luft. 4 ! SENATOR LUFT: ! ' ! There are -- there are money figures in here: but I think the ! money -- I think the figures that are in here reflect what Was appropriated in the appropriation bill. This is the technical language which has to -- to give the State the ability to transfer from the General Fund into the regular Tourism Pund. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue. I SENATOR DONAHUE: i I Thank you, Mr. President. I would just say that, you know, I i things are moving kind of fast, guys, but this is one we lve been following and tracking, and it's -- it's okay, and let's 1et 'er roll. I I PRESIDING OFFICER: (SENATOR DEMDZIO) Question is, shall the Senate concur with House Amendments l I and 2 to Senate Bill 1740. Those in favor will vote Aye. Those opposed, Nay . The voting is open. Have all voted who Wish? Have 68 i STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 al1 voted who wish? Have a11 voted Who Wish? Take the record . ! I On that question, the Ayes are 55, the Nays are none, none voting Present. The Senate does concur With House Amendments 1 and 2 to Senate Bill 1740. And the bill, having received the required constitutional majority, is declared passed. A11 right. The Senate will stand at ease for a moment.

PRESIDENT ROCK

Ladkes and Gentlemeny if I can have your attention for just a moment. We had thought we would be in a position to leave a little earlier than we apparently are going to, but for the information and benefit of the Membership, We have, I think, struck an agreement With respect to the Governor's proposed supplemental appropriation, and that will be an amendment to a Senate bill that's currently sitting on the Senate Calendar, which we will then send over to the House. The staff and the Governor's Office are putting that together at this moment. Then there is a bill with respect to the Insurance Code sunset extension and one or two other matters that the Governor is interested in, and that'll be on Senate Bill 698. And finally, the Governor, the Department of Revenue and the Municipal League have reached an agreement on the TIF provision, and that will be contained in Senate Bill 654. So we literally have, I think, only those three matters yet remaining. There will be no vote today on a pension matter. Senator Philip and I have suggested that those interested in pension legislation Will convene on the eleventh day of January, with the hope that if, indeed, an agreement can be reached on a whole host of subjects, that that can be dealt with on the 12th when we come back. So we will have, I think, those three bills, at a minimum, plus the adjournment resolution which will call for us to return on the 12th at noon. So I would suggest We're probably thirty to forty-five minutes away from actually getting the pieces of paper in front of us. So I would ask 69 l STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 everybody to -- wedll stand at ease, and I'd ask everybody to reconvene at about 2:15 so that We can hopefully pass out the paper and get everybody on the road. (AT EASE) (SENATE RECONVENES) PRESIDENT ROCK: Al1 right. The Senate will please come to order. We are, as I indicated some time ago, literally down to the -- to the end of the list here, and there are three things that are of importance to the Chief Executive. One is 654, which is the agreement bekween the Department and the municipalities with respect to TIF; 698, which is the extension of the Insurance Code and a couple of other matters of interest to the Governor; and then Senate Bill, believe, 632, which will be the amendment for the appropriation -- the supplemental appropriation. So in the meantime, we will as these have been filedg we have been assimilating a Supplemental Calendar. So if can direct your attention to Supplemental Calendar No. 4, and ask the Members to please take a look. That's Senators Dart, Severns, Demuzio, Hall, Welch, Savickas. Messages from the House. SECRETARY HAWKER: A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to recede from their Amendments 1 and 6 to a bill of the following title, to wit: Senate Bill 1160. I am further directed to inform the Senate that the House of 70 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Representatives requests a Eirst Committee of Conference to i I consider the differences betkeen the two Houses in regards to amendments to the bill. Action taken by the House: December 3, 1992. : ' PRESIDENT ROCK: i ! Senator Demuzio will accede to the request of the House. There is a Motion in Writing. Senator Demuzio, there ls a Motion in Writing with respect to Senate Bill 1160: on page 2 of the Supplemental. Perhaps we can deal with that. Madam Secretary, read the motion, please. I i SECRETARY HAWKER: I I move to waive Senate Rule 5C With regard to Senate Bill i I 1160, and that the bill be ruled exempt so that it may be considered this Session. Filed by Senator Demuzio.

PRESIDENT ROCK

Senator Demuzio.

SENATOR DEMUZIO

Thank youy Mr. President, Ladies and Gentlemen of the Senate. I As I undérstood Senate Bill 1160, one of the provisions was to allow the judges of the Court of Claims to perform marriages, and the second one was to change the formula in the 13th Judicial Circuit, the population provisions, in order that an associate circuit judge that currently I , as I understand it, is sitting, j i would in fact be able to maintain the number of circuit judges i that they currently have. And that's it. i

PRESIDENT ROCK

Al1 right. Yeah, the motion is just to suspend the rules so that We may consider this. All in favor of that motion, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carries, and it is so ordered. Ladies and Gentlemeng while We 're I ! awaiting the appearance of a number of our other Members, there 's 71 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 been a request to go to the Secretary's Desk, Resolutions, on the regular Calendar. On the Order of Secretary's Desk, Resolutions, Senate Joint Resolution 192, Madam Secretary.

Linda Hawker

Senate Joint Resolution 192.

PRESIDENT ROCK

Senator Severns.

SENATOR SEVERNS

Thank youy Mr. President, Members of the Senate. Senate Joink Resolution l92 establishes a Blue Ribbon Auditor General Committee on the State Procurement Code, and requires the submission of recommendations to the General Assembly by April 30th, 1993. This resolution is being offered in response to hearings conducted by our State Government Committee last August, both in Chicago and Springfieldr and will require that the Commission be composed of the Auditor General, who will serve as the Chair, and four appointees of each of the Legislative Leaders. I know of no opposition, and would urge its adoption. And I would like to request that the Amendment No. 1 to Senate Joint Resolution be first adopted.

PRESIDENT ROCK

A11 right. The Lady has moved the adoption of Senate Joint Resolution 192. Discussion? Senator Schaffer.

SENATOR SCHAFFER

Does the Governor have any appointments to this Commission?

PRESIDENT ROCK

Senator Severns.

SENATOR SEVERNS

No.

PRESIDENT ROCK

Al1 right. Senator Schaffery I -- was distracted there, calling Senakor Philip. There is an amendment, I'm told. Is that 72 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 correct? Al1 right. You want to -- wish to explain the amendment and move its adoption? Senator Severns.

SENATOR SEVERNS

I Amendment No. l simply makes the Committee a function of the Auditor General's Office and names the Auditor General the Chair of the Committee. And I would move its adoption.

PRESIDENT ROCK

Al1 right. Senator Severns has moved the adoption of Amendment No. l to Senate Joint Resolution 192. Al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Now, on Senate Joint Resolution 192: Senator Schaffer.

SENATOR SCHAFFER

I guess my -- my concern is that obviously We Want to Work, you know, in tandem with the Second Floor, and it Would seem appropriate that there be some input there. And, you know, I think to do it otherwlse is to doom this mission, at least potentially, to failure, and we do enough wheel-spinning around here without, you know, committing obvious errors.

PRESIDENT ROCK

A11 right. Any further discussion? Senator Severns, you wish to close?

SENATOR SEVERNS

Just a quick response to Senator Schaffer: I think the appointments allow the flexibility to provide that, and we eertainly want Eo work in eooperation with the Governor's Office as well. I know of no opposition, and would urge adoption of Senate Joint Resolution 192.

PRESIDENT ROCK

A11 right. The Lady has moved the adoption of Senate Joint I ; 1 Resolution 192. Those in favor will vote Aye. Opposed, vote Nay. 1 And the votingîs open. A11 voted who wish? Have a11 voted who 73 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ( 139th Legislative Day December 3, 1992 i I wish? Have a1l voted who wish? Take the record. On that question, there are 54 Ayes, 1 Nay, none votin: Present. Senate Joint Resolution 192, having received tbe required constitutional , majority, is declared adopted. A11 right. Ladies and Gentlemen, i i it appears that the Members involved have gathered their paperwork and are With us. Welll move noW to Supplemental Senate Calendar No. 4. There's a Conference Committee Report on House Bill 3986. Madam Secretaryz please.

Linda Hawker

First Conference Committee Report on House Bill 3986.

PRESIDENT ROCK

Senator Dart.

SENATOR DART

Thank you, Mr. President, Members of the Assembly here. I -- the First Conference Committee Report for House Bill 3986 represents a conference committee with three aspects to it, all dealing with technical changes in the Criminal Code. 0ne merely clarifies that a special investigator employed by the State's Attorney's Office has powers that some have interpreted were ambiguous; this straightens it out. The second provision deals with a mistake in the 1aw we passed back in July, dealing w1th the discharging of a firearm in an aggravated battery. And the third provision was suggested by the Department of Corrections to allow them to isolate prisoners who they deem is necessary, who may have communicable diseases. Ik passed the House unanimously, and I'd ask for the approval here.

PRESIDENT ROCK

A11 right. Senator Dart has moved the adoption of the Conference Committee Report on House Bill 3986. Is there any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 3986. Those in favor Will vote Aye. Opposed, vote Nay. And the votingls open. A11 74 STATE OE ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 voted who wish? Have all voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 49 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 3986. And the bill, having received the required constitutional majority, is declared adopted. 4078. Senator Severns. Madam Secretary, please.

Linda Hawker

First Conference Committee Report -- pardon me, Second Corrected Conference Committee Report on House Bill 4078.

PRESIDENT ROCK

Senator Severns.

SENATOR SEVERNS

Thank you, Mr. President, Members of the Senate. The Second Corrected Conference Committee Report on House Bill 4078 requires that State agencies establish, maintain and carry out a continuing sexual harassment program. requires vendors with the State to have Written sexual harassment policies, and grants the Attorney General's Office permissive authority to award sexual harassment victims funds from the Crime Victims ' Assistance Fund. This bill contains two of the items that were in the preliminary report of the advisory group on sexual harassment appointed by Senator Rock that was impaneled in November of 1991, and I believe that this bill will further advance responsible solutions to this complex issue. know of no opposition, and would urge your favorable consideration.

PRESIDENT ROCK

All right. The Lady has moved the adoption of the Conference Committee Report on House Bill 4078. Discussion? Senator Topinka.

SENATOR TOPINKA

A question of the sponsor, if I may.

PRESIDENT ROCK

STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Sponsor indicates she will yield.

SENATOR TOPINKA

This Would apply to parties to a public contract. Could you define who a11 these potential public -- parties to a public contract would or could be? Are We talking about small business? . I Are we talking about individuals? Who are these -- who could -- who could conceivably be these people? l .

PRESIDENT ROCK

Senator Severns.

SENATOR SEVERNS

Any vendor with the State covered currently under the Human Rights Code.

PRESIDENT ROCK

Further discussion? Senator Kelly.

SENATOR KELLY

Thank you, Mr. President. I rise to support this legislation; however, I think it ought to go further. I think it should go not only for State agencies and for contractors: but it ought to be for a1l public and private enterprises. And I also think that when we -- and I would hope that my colleagues in future Sessions Will consider this issue: they might consider dividing it into different categories. Not a11 harassments are of a sexual nature, and I think to prevent abuses from occurring, you ought to think about making some divisions, so it doesn't apply specifically to one area .

PRESIDENT ROCK

Purther discussion? Senator Severns, you Wish to close?

SENATOR SEVERNS

I would just urge a favorable vote. ! PRESIDENT ROCK: i Question is, shall the Senate adopt the Conference Committee Report on House Bill 4078. Those in favor Will vote Aye. 76 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Opposed: vote Nay. And the votin: is open. Have all voted who Wish? Have a11 voted who wish? Have al1 voted Who wish? Have all voted who wish? Take the record. On that question, there are 51 Ayes, no Nays, 3 voting Present. The Senate does adopt the Conference Committee Report on House Bill 4078. And the bill, having received the required constitutional majority, is declared passed. Senator Luft, wedll have to wait a moment. The Report is being circulated. It's a pretty thick one. 698, We're qoing to hold for a moment, depending on House action. 1160, Senator Demuzio? Madam Secretary, on the Order of Conference Commitkee Reports, there's a report wkth respect to Senate Bi11 1160.

Linda Hawker

First Conference Committee Report on Senate Bill 1160.

PRESIDENT ROCK

Senator Demuzio.

SENATOR DEMUZIO

Well, thank you, Mr. President. A while ago I Was explaining the bill. I did not know there was a motion on the second page of the Supplemental Calendar. This bill started out -- Was amended earlier, I guess, to allow a judge -- or the judges of the Court of Claims to perform marriages, and a provision Was added to change the population requirements very narrowly in order to accommodate the 13th Judicial District, as I understand it, in order to keep an associate circuit judge that is currently employed as an associate circuit judgez but because of the population requirements, unless we change them , that they would be eliminated from havin: that person. It's my understanding We have done this once before in both the 7th and the 13th Congressional - - or Judicial Districts, as -- as I understand it, and that is What the bill does.

PRESIDENT ROCK

All right. The Gentleman's moved the adoption of the 77 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Conference Committee Report on Senate Bill 1160. There any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1160. Those in favor will vote Aye. Opposed, vote Nay. And the voting 's open. Have al1 voted who wish? Have a11 voted Who wish? Have all voted who wish? All voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House -- Senate Bill 1160. And the bill, having received the required constitutional majority: is declared passed. 1889. Senator Hall. Madam Secretary, please. SECRETARY HAWKER: First Conference Committee Report on Senate Bill 1889. PRESIDENT ROCK: Senator Hall. SENATOR HALL: Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is the First Conference Committee on Senate Bill 1889. It restores a ten-day noncooperation grace period for AFDC families who are otberwise eligible for aid, abolished during the spring Legislative Session. And that was Senate Bill 1783. Second, the ten-day grace period was enacted in 1990 as PA86-l2l9-Rock to address the hardships that children in AFD <sic> families endured when their family unit was cancelled from the program for technical noncompliance, which often resulted from bureaucratic glitches rather than apathy on the part of the adults - - head of the family unit. Example of technical noncompliance kncludes a missed appointment, faklure to receive or make notice, or failure to submit proper paperwork such as birth certificates. Number four, DPA asserts that the restoration of the ten-day grace period would have a 4.5 million (2.25 million net fifty percent federal reimbursement) fiscal impact in this EY'93 assuming a 78 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 January 1993 implementation and reinstatement of ninety percent of the cancelled cases Within the ten-day period. The full-year cost is approximate at 8.9 million of the net and 5.45 <sic> fifty percent federal reimbursement. I ask for -- for the adoption of this amendment.

PRESIDENT ROCK

A11 riqht. The Gentleman has moved the adoption of the Conference Committee Report on Senate Bill 1889. Discussion? Senator Maitland.

SENATOR MAITLAND

Thank you very much, Mr. President: Members of the -- of the Senate. A question of the sponsor: if I mightr sir.

PRESIDENT ROCK

Indicates he will yield, Senator Maitland.

SENATOR MAITLAND

Senator Hall, wedve been making a real sincere effort here in this Veto Session to withstrain <sic> any movement for additional general revenue. And I am aware of the fact that the Leaders did meet today and discussed thisy and there was some agreement. I'm wondering if this is a part of the agreement. Do you know?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall yields to Senatcr Rock. Senator Rock.

SENATOR ROCK

Thank youz Mr. President, Ladies and Gentlemen of the Senate. Senator Maitland, this was not directly discussed With the Governor, only because of my oversight. We were frankly concerned about a number of other items. But I can tell you two weeks ago I did speak With him about it, and he promised me that he Would take a long, hard look. What happened was that, if you will recall, when We were putting together - or when the administration was putting together - 1783, which was the revenue enhancement bill, 79 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 if you wille to make a11 kinds of cuts and moves and so forth, this was put in. And I believe it was put in by mlstake, because we had had a firm agreement in 1990 - when we passed this bill 58 to nothing out of the Senate - we had a firm agreement between ourselves, the Department of Public Aid: and the proponent of this was the Legal Assistance Foundation of Chicago: and they narrowed it to only those technical violations. You will recall, I am sure, the testimony in the Committee Where people were literally being cancelled because of failure to show up at a meeting, when indeed many of the mailboxes were pilfered or they didn 't understand the ramifications of the kind of notice. And so what this allows is a ten-day grace period where somebody could literally follow up before they 're completely cut off from the receipt of a check. It kas felt to be a hardship. And I don't know that there 's any dramatic fiscal impact; it is certainly a cash flow fiscal impact. But the fact is, these folks, as Senator Hall pointed out, in better than ninety percent of the cases, are entitled to this money. And so if they don't get it next week, at some point down the road when the appeal happens theyfre going to :et reinstated. All this says is that there's a window of opportunity there so that these folks don't suffer an unnecessary hardship. I personally think what happened was, when they were putting together this laundry list of ways to save money, this got included, and think included by mistake, and that's What pointed out to the Governor. do not have his assurance that he will indeed enterkain or sign this, but am very optimistic, and I intend to talk to him directly about it.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.

SENATOR MAITLAND

Senator Rock, I respect your explanation. know Was privileged to the list of possible add-ons by the Senate Democrats 80 i STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 and others last evening, and indeed, that wasnfk a part, as I recall, of that list. So this -- frankly, you may recall, I spoke to you about this bill a week ago With the possibility of putting somethin: on there, and I had heard then that you Weren't going to move this bill. And frankly, it comes to me as a surprise now. It does amount to a -- probably a two-and-a-half- to three-million-dollar cash flow problem for the State for the remainder of the year. I would ask the question: does this have an immediate effective date? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock. SENATOR ROCK: It does. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland. SENATOR MAITLAND: I would request a ruling of the Chair. Would this take thirty-six votes? PRESIDING OFFICER: (SENATOR DEMUZIO) Our Parliamentarian indicates to me that that is indeed the Ca se . SENATOR MAITLAND: Well, thank you, Mr. President. I just would urge a No vote, simply because we simply don't have the money to deal With the issue at this time. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Hall may close. SENATOR HALL: I'd ask for your favorable support. PRESIDING OFFICER: (SENATOR DEKUZIO) Question is, shall the Senate adopt the Pirst Conference Committee Report on Senate Bill 1889. Those in favor will vote 81 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Kye. Those opposed wkll Note Nay . The voting is open. Have al1 voted who wish? Have al1 voted Who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that questione the Ayes are 30, the Nays are 22, 4 voking Present. The - - the -- having failed to receive the required three-fifths vote, is declared lost. Senate Bill 1889. Senate Bill -- Senator Rock.

SENATOR ROCK

Thank you, Mr. President. would request a Second Committee of Conference. I think there has been indeed some misunderstanding on this one.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Senator Rock has requested a -- a second conference committee. The Secretary shall so inform the House. A11 right. Senate Bill 1931. Senator -- Senator Welch. Madam Secretary, Senate Bill 1931, please.

Linda Hawker

Fkrst Coqfereqce Committee Report on Senate Bkll 1931.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.

SENATOR WELCH

Thank you, Mr. President. On this Conference Committee Report, what we are doing is we are going to recede from House Amendment No. 2 and No. 6 and concur in House Amendment No. 3 and No. 4 and do one other thing that Senator Aldo DeAngelis will explain. We are coneurring in House Amendment No. 3 that Will resolve three Auditor General financial and compliance audits of the Environmental Protection Agency. The second thing we are going to do by House Amendment No. 4 is to exempt household hazardous waste centers established by the Environmental Protection Agency from local siting approval only if the county board or the municipality Which is in charge of the siting procedure agrees to establish such a center. There is one center that is trying to be 82 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 established in the suburbs and has been unable to do so because of siting requirements. What we are receding from are the two controversial parts of the initial bill - 1931. House Amendment No. 2 required composting sites to be at least a quarter mile from the nearest residence, with no more than ten occupied nonfarm residents Within a half mile of the boundaries. House Amendment No. 6 allowed the EPA to accept and administer funds for hazardous waste management and hazardous substances response, as well as from other State agencies. Those we are receding from. The additional language added to it concerns the company called XL, Incorporated's recycling and sorting facility, exempting them for being in existence prior to a certain date, and Senator DeAngelis will speak to that.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANGELIS: Thank you. 1'11 take any questions on that. Basically what it is, it's a site in a community that was sited by the village somewhak in error. The facility's been there for quite a long time. The languaqe is very restrictive. The Attorney General's Office and the IEPA both had a meeting and are not opposed to this particular amendment.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Lechowicz.

SENATOR LECHOWICZ

I'd like to ask the Gentleman, if I could, Mr. President - does this affect the City of Chicago and its site collection facilities at all? Senator Welchy does this affect the City of Chicago and its site collection facilàties at all?

PRESIDING OFPICER (SENATOR DEMUZIO)

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch.

SENATOR WELCH

83 STATE OF ILLINOIS 87th GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i : 139th Legislative Day December 3, 1992 I : ! It would affect them only if they Want to put in a household I hazardous waste collection center, but the City is also the siting authority for any -- any regional pollution control facility. So to the extent that the City Council can vote to allow a household hazardous waste facility, to that extent, yes, but it would be by a vote of elected officials.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Lechowicz. A11 right. Further discussion? If not, Senator Welch may close.

SENATOR WELCH

Yeah, I think that the restrictions on the addition for the XL, Incorporated, site are very limited. It applies only to one site. It has recelved the approval - or at least the neutrality - of the Attorney General's Office and the State EPA. And I Would urge an Aye vote.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. The question is, shall the Senate adopt the First Conference Committee Report on Senate Bill 1931. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted Who wish? Have a1l voted Who Wish? Have all voted Who Wish? Take the record. On that question, the Ayes are 44# the Nays are 5: 1 voking Present. Senate does concur -- the Senate does adopt the First Conference Committee Report on Senate Bill 1931. And the bill, havin: received the requkred constitutional majority, is declared lost Ksicl. A11 right. Leave of the Bodyz we dll return up to Senate Bill 698 on the Supplemental Calendar. Madam Secretary, Senate Bill 698.

Linda Hawker

Pirst Corrected Conference Committee Report on Senate Bill 698.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Jones. 84 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 SENATOR JONES: Thank you, Mr. President, Members of the Senate. The First Conference Committee on Senate Bill 698 contains the following: It allows for a reciprocal company to be converted to a stock I company. It requires the Department of Insurance to collect and i publish statistical analysis data based on sex and minority l . ! calculations on insurance producers' examinations. It extends the sunset of the Insurance Code for one year. The Code Will sunset on December 3ls* of this year, so wedre giving them a one-year j extension. And it increases the salary for the Auditor General i l and Deputy Auditor General, as well as the Director of Children and Family Services, Department of Corrections, and the Emergency Management Agency. And it provides for a stipend for the sheriff of Cook County. That is al1 contained within the Conference j Committee Report, and I ask for a favorable vote. PRESIDING O i FFICER: (SENATOR DEMUZIO) q Is there discussion? Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senake. I did notice, and, Senator, you nade mention of it, that there are some increases in salaries here. Wha: do Ehose salary increases amount to? Could you give us each one individually as to what the amount of increase Would be? ' PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Jones. SENATOR JONES: ! The Director of the Department of Children and Family -- I i Family Services from seventy-one thousand to seventy-six thousand. : The Director of the Department of Corrections from seventy-one to eighty-five thousand. The Director of Emergency Management Agency from forty-three eight to forty-eight eight, and provides for a five-thousand-dollar stipend for the -- the sheriff of Cook 85 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 County. As it relate to DCFS, it's brought to my attention that it's been very difficult to find a person to fill that position at that salary with the qualifications that we are looking for. The Director of the Department of Correction -- the average salary of correction officials across this State is eighty-five thousand dollars, and at least seventeen or eighteen of the persons Who currently work for the Department of Corrections earn much more money than the Director. We don't want Director Peters to leave, so they want the increase there. These are requests coming from the Office of the Governor. And also, the Director of Emergency Management, as I indicated, is a five-thousand-dollar increase.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR MADIGAN

Thank you, Mr. President. rise in support of Senate Bill - - Conference Committee Report on Senate Bill 698: and Would point out to the Body that the Insurance Code for the State of Illinois expires the end of this monthg and if we don't pass this bill thts evening, we're not qoing to have an Insurance Code in the State of Illinois. So T would certainly urge the Members eo support Senate Bill 698.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? If not: Senator Jones may close.

SENATOR JONES

I just ask for a favorable vote.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall the Senate adopt the First Corrected Conference Committee Report on Senate Bill 698. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who Wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 43, the Nays are l0, 2 voting Present. The Senate does adopt the First 86 i ë STATE 0P ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Corrected Conference Committee Report on Senate Bill 698. And the l bill, having received the required constitutional majority, is declared passed. Right above that, with leave of the Body, we will go to Senate Bill 654, Madam Secretary. SECRETARY HAWKER : First Conference Committee Report on Senate Bill 654. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft. SENATOR LUFT: Thank you, Mr. President. The subject matter of this Conference Committee Report is tax increment financing districts, better known as TIFs. Ever since Tlps were created, there's been a problem With funding. Hopefully, this Conference Committee will put to rest the problems With funding TIF districts in the future and allow the municipalities to have some deqree of certainty on what they will receive in the future to help defray kheir debt costs. So I will read to you, for legislative intent, that TIP districts Will receive a lump sum allocation of nine million dollars by December 31 of this year - 1992. The distribution of the nine million dollars will be made by continuing appropriation and not -- will not be -- require additional legislative action in the spring. What we Will do is transfer from the General Revenue Fund into a new account that will be created specifically for TIFs. Beginning in Fiscal 1994, TIF districts Will receive .27 pereent of net sales tax deposited into this fund, and it will, as I stated, be directly -- deposited directly into the special fund each month and distributed to municipalities on a quarterly basis. The distribution also will be made by continuing appropriation and will not require legislative action each year. The formula for allocating State funds to TIF districts will not be changed. The Department of Revenue will continue to calculate payments to sales tax TlFs and to utility ! 87 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 tax TIFs in the same manner as required by current law. I Will attempt to answer any questions. If not, only to say that this is an agreement by a11 parties or at least to my knowledge a1l parties. And if not, 1'11 move for the adoption of Conference Committee Report No. l to Senate Bill 654.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Discussion? Senator Schuneman.

SENATOR SCHUNEMAN

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

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR SCHUNEMAN

Senator, I know this has been a long and painful process. I've got kind of a unique situation in my district, and so I need to ask a couple of questions. What's the effective date of this proposal?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.

SENATOR LUFT

Immediate.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

SENATOR SCHUNRMAN

have in my district a TIF district project that has been underway, and now they have enticed businesses to come in. The bonds have been authorized but, I think, not yet sold . Do you know how that project might be affected by this bill?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.

SENATOR LUFT

It does not eliminate the ability of your community to move forward with this project. They can sell their bonds. They will 88 STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 receive their proportionate share of the amount of money generated for this fund every year.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schuneman.

SENATOR SCHUNEMAN

So, then: as I understand what youdve said, the effect on them Would be that they would get their proportional share, but it Would probably be a share of a smaller pot than we had anticipated. Is that -- is that a fair statement?

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.

SENATOR LUFT

That's correct.

PRESIDING OFFICER (SENATOR DEMUZIO)

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

SENATOR LUFT

I would just ask for the adoption of Conference Committee Report No. 1 to Senate Bill 654.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. The question is, shall the Senate adopt the First Conference Committee Report on Senate Bill 654. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 56# the Nays are none, none voting Present. The Senate does adopt the First Conference Committee ReporE on Senate Bill 654. And the bill: having received the required constitutional majority, is declared passed. A1l right. With leave of the Body, we will return to the Second Supplemental Calendar. The Second Supplemental Calendar.

PRESIDENT ROCK

A1l right. Ladies and Gentlemeng we have only one serious 89 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 matter yet remaining, and that is the Governor's request for a supplemental appropriation, Which I understand will be before us i I shortly. On the Second Supplemental Calendar there Was a House i Bill on 2nd Reading that the Gentleman wishes to move to 3rd with the understanding that it will not be called until it's called back for amendment. So with leave of the Body, we'll move to the i Second Supplemental Calendar, Madam Secretary. 0n House Bills 2nd I Reading is House Bill 4216. Read the bill, please. i SECRETARY HAWKER: i I House Bill 4216. I 1 ! (Secretary reads title of bill) I ! 2nd Reading of the bill. No committee amendments. i PRESIDENT ROCK : 1 Any amendments from the Floor? I

Linda Hawker

No Eloor amendments.

PRESIDENT ROCK

3rd Reading . Resolutions.

Linda Hawker

Senate Joint Resolution...

PRESIDENT ROCK

No. Hold -- hold on.

Linda Hawker

Resolution 1665 offered by President Rock and al1 Members. It is congratulatory.

PRESIDENT ROCK

Al1 right. With leave of the Body: we'll add that to the Consent Calendar. Senator Topinka, for what purpose do you seek recognition?

SENATOR TOPINKA

Yes. I have a point of inquiry, sir, if I may, to the President. 90 STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day . December 3: 1992

PRESIDENT ROCK

Yes.

SENATOR TOPINKA

We had a bill that wedve sent over to the House that would have reinstated the State Purchasing Act as it -- Well -- Well -- where is it, Penny? House Bill that hasn 't come here, but it was ! anticipated coming here, and everything, I thought, had been I agreed to. And we certainly haven't seen it. Do you know Where the whereabouts of that bill are, or its future? I PRESIDENT ROCK: ' I do not. I have been chasing paper al1 day. And if you 'd have told me earlier, I'd have tracked that one down too. No, I I have not seen it.

SENATOR TOPINKA

Very fine. Thank you.

PRESIDENT ROCK

All we have left is the Consent Calendarz the adjournment resolution, and we will be going to the Order of House Bills 3rd Reading. 632. Is that your number, Senator Weaver? A11 right. I would entertain a motion by Senator Weaver to suspend the applicable rules so that we can indeed deal with House Bill 632. That will be the vehicle bill for the Governor's supplemental appropriation when the amendment arrives, as it has now arrived. All in favor of the Motion to Suspend, indicate by saying Aye. Al1 opposed. The Ayes have it. The rules are suspended. If I can direct your attention, Ladies and Gentlemen, to page 8 on the Calendar. Page 8. On the Order of House Bills 3rd Reading is House Bill 632. Senator Weaver 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 I House Bills 2nd Reading is House Bill 632, Madam Secretary.

Linda Hawker

91 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 Amendment No. 2 offered by Senator Maitland. k

PRESIDENT ROCK

Senator Maitland.

SENATOR MAITLAND

Thank you very much, Mr. President, Members of the Senate. Amendment No. 2 to House Bill 632 is the -- is the fall supplemental appropriations bill. It -- it is in the amount of twenty-six million five hundred and four thousand. Twenty million nine seventeen is -- is total other new appropriations. And the new GR is -- is five million five hundred and eighty-six thousand dollars. Of particular interest with respect to the -- to the amendments to the General Revenue -- the new General Revenue, one million fifty-one thousand is represented to the Supreme Court for their move to 160 North Lasalle. That's the new old State of Illinois Building. There is an amount of eight hundred and ninety-nine thousand dollars to go to the Secretary of State for printinq of the constitutional amendment ballots. The Treasurer in the amount of -- in the amount of three and a half million dollars. That, Mr. President, represents the major neW GR. I'd be happy to respond to any questions that any Members might have. I believe you have the amendment on your desks now and also a rack-up of -- of where those transfers are.

PRESIDENT ROCK

A1l right. Let's hold just for a moment. Stand at ease. Senator Maitland has moved the adoption of Amendment No. 2 to House Bill 632. Discussion? Senator Carroll.

SENATOR CARROLL

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in support of Senator Maitland's motion and in an effort to answer some of the questions that have been posed quietly on this side of the aisle on some of the specific issues in here. Let me reiterate that the Leaders and the Governor I 92 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 agreed to basically no General Revenue funds being spent this year, except for the move money for the Supreme Court, which has to be by General Revenue Fund; for the payment to the Secrekary of State for the constitutional amendment mailings that he had to do; for a sixty-five-thousand-dollar amount for the Civil Service Commission; for a payment on our funding for the Midwest Higher Education Compact of twenty-nine thousand dollars, and then the three and a half million dollars for the estate tax refund, as a result of an unusually high level of collection of the inheritance tax. In addition to that, the rest of it is either federal or special funds or are transfers. 0ne question that has been asked is as to the Department of Children and Family Services, and negotiations into the late hours last night between the Department, AFSCME, and the day care providers came with the resolution where approximately 8.7 million dollars is being transferred from lines that the Department indicates to us will not be used, such as certain adoption lines where the federal guidelines have no* been se* yet, and we will not jeopardize yet any federal funds, and have alloWed them to not have to 1ay off or, in fact, rehire a significant number of the employees that they Would have otherwise lost, and in addition thereto, still accommodate the day care people to some extent. With that, I think it's the best resolve we can do in these economic times, and I would suggest support for Amendment No. l -- 2. Amendment No. 2.

PRESIDENT ROCK

Al1 right. Any further discussion? Further discussion? If not, Senator Maitland 's moved the adoption of Amendment No. 2 to House Bill 632. A1l in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments?

Linda Hawker

93 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 No further amendments.

PRESIDENT ROCK

3rd Reading. And with leave of the Body, after intervening business, Senator Maitland, wedll get right back to it. Madam Secretaryz have any objections been filed to the Resolutions I Consent Calendar? I END OF TAPE TAPE 3 I I SECRETARY HAWKER: I I ... tmachine cutoffl...been no objections filed, Mr. President.

PRESIDENT ROCK

A1l right. No objections having been filed, we have added one late entry, Senate Resolution 1665. So Senator Demuzio would move the adoption of the Resolutions Consent Calendar. A1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. And 1 . those resolutions are adopted. Further resolutions, Madam i Secretary.

Linda Hawker

Senate Joint Resolution 195 offered by Senator Demuzio. (Secretary reads SJR No. 195)

PRESIDENT ROCK

Senator Demuzio.

SENATOR DEMUZIO

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the adjournment resolution. It calls for us to return -- at the conclusion of our business today, return January the 12th i : 1 at noon, 1993. I would move to suspend the rules for the I 94 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 immediate consideration and adoption of Senate Joint Resolution 195.

PRESIDENT ROCK

Senator Demuzio has moved to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 195 , the adjournment resolution, calling for us to return January ! the 12th at Ehe hour of noon. All in favor of the Motion to l Suspend , indicate by sayinq Aye. All opposed. The Ayes have it. I j The rules are suspended. Senator Demuzio now moves the adoption of Senate Joint Resolution 195. A11 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. ...lmachine cutoffl...Brookins, for what purpose do you arise, sir?

SENATOR BROOKINS

Mr. President, I rise on a point of personal privilege.

PRESIDENT ROCK

State your point, please.

SENATOR BROOKINS

Mr. President, I may not get a chance to address this Assembly aqain, and I'd like to take this opportunity -- I'd like to take this opportunity to thank you for *he working conditions, and also say to you that we have had our differences and we have fought and I have sometime prevailed - mostly lost, but I'd like to thank you for those opportunities. And I'd like to say to the Senators here and my friends on b0th sides of the aisle that it's been a pleasure working with you. I have met some fine Gentlemen here - and Ladies - and I hope that I have not been too obnoxious in some of my actions and statements and et cetera. I did take my job seriously. It is a serious matter being a Senator here. I have been prkvileged. I have been blessed in my life to have this opportunity. There's very feW African-Americans that come from my area and have come from the City of Chicago and Worked their way 95 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 through and had the privilege to serve in a Body such as this. So I feel it a privilege, and I'd like to say to each and every one of you, good luck, Merry Christmas, Happy New Year, and thank you. Thank you, each and every one of you. (Applause by the Illinois Senate) I

PRESIDENT ROCK

Stand at ease for just a moment. Senator Maitland, we'll be right with you. I just want to check with the Speaker and see what they're doing to us. All riqht. Ladies and Gentlemen, the House is making every effort, I am told, to -- to deal With 698, and it will shortly be declared passed, I hope. With 71 Ayes, it just passed. So we will deal with the appropriation bille and then I Would ask the Members to sit for just a moment. We have three death resolutions for former Members -- five, I'm sorry. And we will deal with those in an appropriate manner. Senator Philip, for what purpose do you arise, sir?

SENATOR PHILIP

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I just wanted to say that, Senator Brookins, you were an asset to your people and to Chicago. Wedre certainly going to miss you. You always had a very good attitude. You -- you conducted yourself as a Gentleman at a1l times, and I think you Were a great guy . And 1111 tell you, my door Will always be open to you.

PRESIDENT ROCK

All right. With leave of the Body, wedll move to House Bills 3rd Reading. On the Order of House Bills 3rd Reading, the bottom of page 8, is House Bill 632. Read the billy Madam Secretary, please.

Linda Hawker

House Bill 632. (Secretary reads title of bill) 3rd Reading of the bill. 96 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992

PRESIDENT ROCK

Senator Maitland.

SENATOR MAITLAND

Thank you very much, Mr. President, Members of the Senate. I believe the bill has been appropriately reviewed in the amendment staqe. Let me simply add one more point that's been asked of me over here, and I think both sides of the aisle need to know. Senator Carroll and I and others have been vitally eoncerned with the Department of Children and Eamily Services with respeet ko them being on target for the decree by July 1. We Were concerned about this as the negotiations were going on, as we transferred that money. Senator Carroll, am reliably informed that With this adjustment with the AFSCME contract we still are on target, and I think the bill is in fine shape. It represents an agreement between the four Leaders and the Governor. And I would seek your support.

PRESIDENT ROCK

Any discussion? If not, the question isz shall House Bill 632 pass. Those in favor, vote Aye. Opposed, vote Nay. And the vokin: is open. Al1 voted who wish? Have a1l voted who Wish? Have a11 voted Who wish? Have a1l voted who Wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. House Bill 632, having received the required constitutional majority, is declared passed. A1l right. If I can ask the staff, please, to take a seat. We have, unfortunately, seen the passing of five of our former colleagues in the last few months. And so I deem it only fitting that we consider each by resolution, and then we will adjourn. Madam Secretary, please.

Linda Hawker

... tmachine cutoffl.a.Resolution 1666 offered by Senator Munizzi and all Members. 97 STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 139th Legislative Day December 3, 1992 (Secretary readE SR No. 1666) Senate Resolution 1667 offered by Senator Senators Lechowicz, Topinka, President Rock and all Members. (Secretary reads SR No. 1667) Senate Resolution 1668 offered by President Rock and al1 Members. (Secretary reads SR No. 1668) Senate Resolution 1669 offered by Senators Donahue, Luft and al1 Members. (Secretary reads SR No. 1669) Senate Resolution 1670 offered by Senator Smith and a11 Members. (Secretary reads SR No. 1670)

PRESIDENT ROCK

A11 in favor of the adoption of the resolutkons, please rise. The resolutions are adopted. The Senate stands adjourned until January 12th at the hour of noon. Happy Holiday, Merry Christmas and Happy New Year. 98 n REJORT: TIFLDAY STA'fE OF 1LLINO IS 93/07/12 PA-G Ez 0()1 t)7TH G:N ERAL ASSErliiLY 16:22::6 SEtlATE DA1L Y TRAIISCRIPT10N UF ()EMATE INDE: DfiCE(13Eil 93 , l99d HB-0t78 CONFERENCE H3- 0632 RYCALLED H3-0632 THIRD REAOIiMG H3-t007 CONFERENCE 8u-1007 e1GT1ON H3- 19:8 REFUSE T0 RECEQF H/J-3037 CORFERENCE H8-320: CONFER6NCE H8-3261 CORFERENCE H,,-3175 (jOTION H3-3815 CGNFERENCe H3-3986 CORFORENCE Ho-39ö& t.)0TION H3-*037 REFUSE T0 AECEDE HB-#0T8 CONFERENCE Ho-12l6 SECOND READING H3-42tb IqOTION Sq-0l30 CONFERENCE 53-0186 CONFERENCJ Sb-0313 FiOTION 55-0#20 CONEURâENCE 53-065# CONFERENCE 53-0654 l40T I0N 50-0698 QDNFERENCE 53-0699 ï40T1ON SB-07#t COf4FEMEKCE &z-1O71 CONFERERCE :8-1073 CONFERERCE 5:-10-f3 C'tOTISN 52-1092 CONCURRENCE SB-1092 M0TI0R Sw-1ë60 CONFERENCE SB- t16: FIOTION 53-13:5 ISOTION Su-lïtb CONFERENCE 50-1554 CONFERENCE SB- t63b CONFERENCE So-l7#3 CONCURRENLP :3-1869 CONFERENCE Sw-1931 CONFEREKCE S3-t9B6 CONCURRENCE 30-206: CONCURRERCE So-2L0u CONFERENCE SR- 165# RE30LUT10lk OFFERED SR- :655 RESûLUTIO: OFFERED 3R-1656 RESOLUTION OFFERED 5R-1657 RESDLUTIOII OFFERED SR- 1:58 RESOLUTION OFFEREO 5R-1659 RESOLUTION OFFEREO SR-1660 RESOLUYIOR OFFERED SR-1ûâ1 RESOLUTION OFFERED 3k- 1662 RESOLUTIDîC OFFERED 5R-1663 RE3OLUTION OFFERED 3R-lû6# ADOPTED SR- :665 RdSOLUTIOR OFFERED SR-166& RESOLUTION OFFEREO SR-16J7 RESOLUTION OFFERED 3R-1663 RESOLUTIOIS OFFERED 5R-1669 RESOLUTION OFFEREO 5R-1670 RESOLUYION OFFERED HJR-0168 RESOLUTION OFFERED SJR-0192 ADOPTED SJR-0193 ADBPT:D SJR-OL9G ADOPTED I RETORTV TIFLDAY STATE 0F ILLINOIS 93/07/12 PAGE: 002 87TH GENERAL ASSEMOLY 16:22:46 SERATE DAILY TRA;tSCRIPTION DF DEBATE INDEX OECEhIOER 03v :992 sJR-O195 ADOPTED PAGE 94 SU.JJECT MATTER SENATE T0 ORDER - PR6SIDENT ROCK PAGE k PRAYER - DR. JOHN EHARLTON IIl PAGE 1 JOURKALS - POSTPONEO PAGE 1 @ESEAGES Fa0M THE HOUSE PAGE 1 ZESSAGES FR0lq TH6 HDUSE PAGE 6 'f AT EASE PAG: -f0 SENATE RECONVEiMES PAGE 70 C4ESSAGE FR0r'1 THE HOUSE PAGE 70 ADJOUR;I#IENT PAGE 98