Illinois Senate Floor Debate — October 30, 1997

The regular Session of the 90th General Assembly will please come to order. W ill the Members please be at their desks? W ill our guests in the galleries please rise? Our prayer today will be given by Reverend Lundeen, Westminster Presbyterian Church , Sprinqfield , Illinois. Reverend Lundeen .

(Prayer by Reverend Lundeen)

Please remain standing for the Pledge of Allegiance . Senator Sieben.

(Pledqe of Allegiance, led by Senator Sieben)

Reading of the Journal . Senator Butler .

M r. President, I move that reading and approval of the Journals of Tuesday , October 28th , and Wednesday , October 29th , in the year 1997 , be -- be postponed , pending arrival of the printed Journals.

Senator Butler moves to postpone the reading and approval of the Journal, pending the arrival of the printed transcripts . There being no objections, so ordered. We have had a request from ABC Channel 7 and Judy Spencer with the Associated Press to photograph during the Session. Is leave granted? Leave is granted . Committee Reports .

senator Burzynski, Cha ir of the Comm ittee on Licensed Activities, reports House Bill 1214 Do Pass, as Amended . And Senator Hawkinson, Chair of the Committee on Judiciary , reports Senake Bill l22 Do Pass, as Amended , and House Bill 887 Do l  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Pass , as Amended .

Senator Geo-Karis, for what purpose do you rise?

On a point of personal privilege .

State your point .

Mr . President and Ladies and Gentlemen of the Senate , we have two of our former colleagues from the House visiting us here today , sitting in the qallery to the -- to the back of me . They served with you and me , and it 's none other than former -- retired Representative Herb Huskey and retired Representative Romie Palmer and former Judge of the Illinois...

Will they please rise and be recognized by the Senate?

. . . circuit Court in Chicago .

Good to see you , o1d guys . Messages .

A Message for khe Governor by Deno Perdiou : Director of Legislative A ffa irs , October 30th , 1997 . M r. P resident - The Governor directs me to 1ay before the Senate the following Message: To the Honorable Members of the Senate , 90th General A ssembly - I have nom inated and appointed the following named persons to the offices enumerated below and respectfully ask concurrence in and confirmation of these appointments by your Honorable Body . Message from the House by Mr . Rossi , Clerk . Mr. President - I am directed to inform the Senate that 2  STATE OF ILL INOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 the House of Representatives has passed bills of the follow inq titles, in Ehe passaqe of which I am instructed to ask the concurrence of the Senate , to wit: House Bills 2323, 2324, 2325, and 2342. All passed the House , October 29th , 1997 .

PRESIDING OPFICER: (SENATOR KARPIEL) Mr . Secretary , have there been any motions filed?

Yes, Madam President . Senator Klemm has filed a motion with respect to Senate Bill 35.

PRESIDING OFFICER : (SENATOR KARPIEL) Mr. Secretary, the Cha ir requests that these motions be printed -- that motion be printed on the Calendar . So ordered . Senator Welch r for what reason do you rise?

On a point of personal privilege .

PRESIDING OFFICER: (SENATOR KARPIEL) state your point .

Madam President, in the gallery, on the Democratic side , we have the class from the Shepherd Junior High School in Ottawa , Illinois . I 'd like to have them welcomed to Springfield . If they 'd stand up .

PRESIDING OFFICER : (SENATOR KARPIEL) Welcome to Springfield. WclA-channel 3, from Springfield -- or, Champaiqn, requests permission to videotape. Permission qranted . Committee Reports .

senator Weaver, cha ir of the Comm ittee on Rules, reports the following Legislative Measures have been assigned : Referred to the comm ittee on Commerce and Industry - House Bill 932 7 to the comm ittee on Education House Bill 999 7 to the Committee on 3  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Environment and Energy - Senate Amendment l (sic) (2) to House Bill 3627 to the Committee on Executive - Senate Resolutions l12 and 1247 re-referred from the Committee on Executive to the Rules Comm ittee - Senate Resolutions ll2 and 1247 referred to the Committee on Insurance and Pensions - House Bill 12967 to the Comm ittee on Revenue - House Bills 533 and 1116; to the Committee on State Government Operations - the Motion to Concur with House Amendment l to Senate Bill 862: and Be App roved for Consideration - Sena te Bills 862, 868 , 869 : 870, 1015 and 1031, House Bills 398 , 868 and 871 , Senate Resolutions 112 and 124, Senate Joint Resolution 28, and Senate Amendment 1 (sic) (2) to Senate Joint Resolution 28 .

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Mahar, for what reason do you rise?

For the purpose of an announcement.

PRESIDING OFFICER: (SENATOR KARPIEL) All right. Please state your...

The Senate Environment and Energy Committee will meet at 11 -- or - what is it? - 11 :45 to consider House -- Amendment No . 2 to House Bill 362 . It dll be in Room 400 , at a quarter to twelve . I 'm sorry . 212, at quarter to twelve.

PRESIDING OFFICER: (SENATOR KARPIEL) Thank you, Senator. Did everyone hear Senator Mahar? There will be a meeting of the Energy and Environment Comm ittee in Room 400 at 11:45. I'm sorry. I thought you said 400. 212. Room 212 , which is a d ifferent room for us . So please be there . It will be an interesting meeting . Senator Klemm , for what reason do you rise?

Fo r the purposes of an announcement. 4  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Leqislative Day October 30, 1997

PRESIDING OFFICER : (SENATOR KARPIEL) Go ahead .

The Senate Executive Subcommittee on Constitutional Amendments will be meeting at 2 o'clock, or immediately upon adjournment, in Room 212. We dre going to be considering Senate Joint, Constitutional Amendment, Resolution No . l and possibly No . 9 . And so will Ehe Members of that Subcomm ittee please make note? Thank you .

PRESIDING OFFICER: (SENATOR KARPIEL) Introduction of Bills .

Senate Bill 1211 , offered by Senator Dillard . (Secretary reads title of bill) And Senate Bill 1212 , presented by Senator Bowles. (Secretary reads title of bill) lst Reading of the bills .

PRESIDING OFFICER: (SENATOR KARPIEL) . p . like to just let the Body know that we will be goin: to some motions in writing w ith reqard to the veto motions. Well , if that didn lt work , maybe that w ill . On page 8 of today 's Calendar is the Order of Motions in Writing , Override Total Vetoes . Senate Bill 194. Senator Dudycz? Madam Secretary , read the motion, please .

I move that Senate Bill l94 do pass , the veto of the Governor to the contrary notwithskanding . O ffered by Senator Dudycz.

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Dudycz.

Thank you, Madam President . In 1963, Chapter 22 of the 5  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Pension Code was amended to allow municipalities to provide by ordinance for a system to pay for doctor bills and other expenses incurred by downstate police and firefighters who are injured in the line of duky. In the 1970s, when the State workers ' comp laws were revamped , employees of counties, city, towns r townships and incorporated villages were included as employees that could file claims under the worker comp laws . And as a result: the downstate police and firefighters should have been allowed to file in the case of injury in worker comp claimsr but the problem is that on Chapter 22 of the Pension Code was never chanqed , and as a result , there are currently two systems existing to -- whereby an injured or a disabled downstate firefighter or police officer could seek eeonomic relief for medical and related costs . In early l990s , a disabled firefighter, employed by the V illage of W innetka , filed a workers ' comp claim due to a partial permanent disabilityr but an Appellate Court ruled in 1992 that because Winnetka had established a proqram to pay doctor bills for injured firefighters under the old Chapter 2 (sic) provision of the Pension Code, there was a -- a prohibition against a firefighter from also filing workersd comp claims. Senate Bill l92 (sic) (194) remedies the situation by giving downstate police and firefighters the right to file a workers ' -- workers ' comp claim sy and the bill passed the General Assembly unanimously - the Senate 55 to nothing and the House ll6 to nothing . And I would ask to override the Governor's veto of Senate Bill l94 to ensure the rights of downstake police and firefighters across the State of Illinois. And I would defer to Senator Cullerton, who is an expert in this, to -- to add or to answer any questions .

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Cullerton .

Yes, thank you , Madam President , Members of the Senate . Thank 6  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 you , Senator Dudycz. -- I don 't know if I'm an experte but I -- I would just rise to support the Gentlemands motion. I think that the the Governor has made somewhat of a mistake on this one . This also was a bill Which , as Senator Dudycz indicated r everybody voted for because makes sense. And, in fact, it really just corrects what was probably just a -- an oversight in -- in the Pension Code . It 's the police officers and firefighters who , under this bill , would -- would have a right to file a workers ' comp claim . And , as indicated , without this p rotection , those who people who are injured in the line of duty, they have no right to choose their own medical provider, no right to vocational rehabilitation, no right to receive disability benefits fo r longer than one year, no compensation for disfigurement o r loss of earning capacity , no right to a hearing before an independent arbiter to determ ine disputed issues of -- of fact . And -- and g indeed , you have to realize that virtually every other employee of -- of a municipality has these rights. So it's really just meant to to make up for , perhaps, an oversight that the Legislature made years ago , and in fact , the Governor in his Message says it has a laudable purpose . So think he acknowledges that. I think it was probably just a -- a theory that he vetoed it based on the fact that he felt it might be somewhat of a -- of an -- us imposing an obligation on the municipalities . But the fact of the matter is that this is just basic fairness, and for that reason, I would urge an Aye vote .

PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Hendon .

Thank -- thank you , Madam President . I rise , also r in support of Senator Dudycz 's motion . Certainly we should look out for the police offieers who may be injured and need to file for compensakion . So I urge support for Senator Dudycz 's motion .  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Tbank you .

PRESIDING OPFICER: (SENATOR KARPIEL) Further discussion? Senator Butler.

Yeah , question of the sponsorr please .

PRESIDING OFFICER: (SENATOR KARPIEL) He says he dll yield .

Senator Dudycz , as I understand it, this permanently bars the firefighters from collecting on both, either direction . Is that true?

PRESIDING OFFICER: (SENATOR KARPIEL) Sena tor Dudycz . SENATOR DUDYCZ ) That 's correct . The the unions are hoping that the municipalities would eliminate these p rovisions of Chapter 22 and just apply the -- the workers' comp provisions for -- for their 1aw enforcement and firefighter personnel.

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Butler.

Another question. It doesn't Work as when we had the Scaffold Act? They can 't sue under both and then collect on the highest? There Will be one remaining fund, so to speak, to collect from.

PRESIDING OFFICER : (SENATOR KARPIEL) Senato r Dudycz.

Senator Butler, I 've been told it does nok prohibit them from collecting from both , but they are hoping that the municipalities elim inate , by ordinance , these provisions so that they dre not even afforded the opportunity. They're not looking for it either. They don 'k want it . 8  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30 , 1997

PRESIDING OFFICER: (SENATOR KARPIEL) Further discussion? Senator Lauzen .

Thank -- thank you , Madam President . To the sponsor, a question. I intend to vote for the measure. I just -- when we -- when we explain back home how we dre avoiding paying those benefits twice, how do I clearly explain that?

PRESIDING OPPICER: (SENATOR KARPIEL) Senator Dudycz.

You would explain it that you would encourage the municipalities to eliminate the old Chapter 22 ordinances of the Pension Code so that the -- the policemen and firemen can only collect under the workers ' comp .

PRESIDING OFFICER : (SENATOR KARPIEL) All right . If there is no further discussion , the question is, shall Senate Bill l94 pass , the veto of the Governor to the contrary notw ithstanding . Those in favor will vote Aye. Those opposed r vote Nay . The voting is open . Have all voted Who w ish? Have all voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 49 Ayes, 4 voting Nay, and l voting Present . And Senate Bill 194 , having received the required three-fifths vote , is declared passed , the veto of the Governor to the contrary notwithstanding . Senator Hendon, for what reason do you rise?

Thank you , Madam President . Point of personal privilege .

PRESIDING OFFICER : (SENATOR KARPIEL) Please state your point.

In the gallery , on the Republican side of the aisle , a re tWo of my constituents : my adm inistrative assistant , from Chicago , 9  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Bernette Barnes, and my sister, Shabita Carter, and we 'd like to have them rise and be welcomed to the Senate .

PRESIDING OFFICER: (SENATOR KARPIEL) Will the Senate please welcome our guests? Senator Syverson z for what reason do you rise?

Thank you, Madam President. Just for the record : If -- I didn 't make it to my switch in time, but had I made it to my switch , I would have voted favorable on that last bill.

PRESIDING OFFICER : (SENATOR KARPIEL) The record shall so state . Senator Shaw , for what reason do you rise?

Yes, thank you, Madam President . On the previous vote, I inadvertently voted ïes. I Wanted to vote No on that bill, and I 1d like the record to indicate that.

PRESIDING OFFICER: (SENATOR KARPIEL) The record shall so indicate . All right. Senate Bill 278 . Senator Collins. Madam Secretary... Madam Secretaryr read the motion, please .

I move that Senate Bill 278 do pass, the veto of the Governor to the contrary notw ithstanding . Offered by Senator Collins .

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Collins.

Thank you , Madam President and Members of the Senate . Senate Bill 278 passed both Chambers during the spring Session with very little, if any, opposition . I think that the Governor made a mistake, and what happened : After this bill was passed , the rep resentatives from the legal communiey saw ehak the impace of 10  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 this b ill really cut down on court litigation when a landlord finds and have a tenant who refuses to pay rent . What this -- the Governor said is incorrect because the Governor 's Message indicates that this bill establishes a two-tier system for evicting tenants. That is not correct, because the bill doesn 't deal with tenants. This bill deals with those persons who take possession of your property with the consent of the legitimate tenant and when the legitimate tenant fails to pay rent and the landlord goes to court for a vacating order. What this bill does, it actually gives that non-tenant who now resides on your prem ise the opportunity to appear in court to express his or her tenant interest at the same time -- on the same time the legal tenant comes to court. That 's all it does . It sets up a notice requirement for the non-tenant, and that tenant is someone where there is not a w ritten or verbal or no other kind of agreement between that person and the landlord . It allows -- because the landlord doesn 't have any idea of the names of those people, it allow for the posting of a notice . If when the someone attempts to serve this individual in that apartment and no one comes to the door, that you can post the notice for any other occupants that lives in that building, other than the legal tenant - other than the legal tenant . And I Want you all to understand what this bill does . If this bill does not pass , the current practice ... And I would like some attention , Madam . I can 't hear myself .

PRESIDING OFFICER: (SENATOR KARPIEL) Would the Body please give the Senator some quiet so that she could be heard, please?

Madam President and Members of -- of the Senate z this is a very critical issue . Many of the the homeowners in the City of Chicago - that 's why the Realtors are so strong in support of this 11  STATE OF ILLINOIS 90TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 bill - loses their homes, have to walk away from their buildings, because people move into their buildings and refuse to pay rente refuse to move and you have to continue to go to court, time after time . It takes you a year, year and a half, to evict people from your property . That is not the American way and that is not the American dream . No -- no person who invests their hard-earned money into a piece of property should be -- anyone should not be allowed to come and take it away from them and then We, as legislators, g ive them legal standing in a court of law . That is not fair. If you look at contract law , there is no contractual agreement in the history of this State and any other leqal body that allow a person who does not have a legal contract or an agreement and some kind of business arrangement to have legal standing in the court against the owner. That is not fair. It is not just, and I would ask you for your favorable consideration. Let us do the riqht thing and give some protection to those landlords Who have legitimate rights to vacate someone who refuse to pay rent .

PRESIDING OFFICER: (SENATOR KARPIEL) A ll right . Senator Collins has moved that Senate Bill 278 do pass, the veto of the Governor to the contrary notwithstanding. Is there discussion? Senator Obama .

Thank you , Madam President , Members of the Chamber, the sponsor. Let me start off by just saying that -- I want to apologize to the sponsor because the -- I 'm originally recorded as a -- as a ïes vote on this, and it's an indication: I thinkz that I wasn 't paying sufficient attention . I do have concerns on this bill, and T just want to express those concerns very quickly. I think the intent of this bill is -- is admirable. I -- I don 't think that any property owner who's renting their building or -- or have entered inko a lease should suffer squatters who are not 12  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 paying their rent . On the other hand , I think one of the cherished notions in the legal system is, is that if you dre going to be dep rived of your property rights, then you are going to get notice , and as I read this bill now - and I 've had several discussions with a number of Members, as well as the sponsors - I'm concerned that this law permits posted notice and subsequently a potential default judqment that would result in an eviction without the occupant of the prem ises ever having received notice that they -- they are being evicted , which means that if the sheriff comes to their home , they are not home and they have not received the eviction notice , potentially they could have their p roperty out on the street . I think that there 's a possibility of craftinq a bill that would ensure that landlords , property owners conduct the due diligence that ls necessary to make sure that people receive notice but that still protects the landlords and -- and people who oWn this real estate . So, unfortunately , right now I'd like to urge that we support the Governor's veto override. I think we can go back r rework a bill that accomplishes the goals that Senator Collins wishes to accomplish. For that reasonr I'd like to see a No vote .

PRESIDING OFFICER: (SENATOR KARPIEL) Is there further discussion? Senator Fitzgerald .

Thank you , Madam President. Ladies and Gentlemen of the Senate, last year I passed a bill that actually bankers, many of them , were opposed to that required personal service of peop le being dispossessed from their homes. And I think that We should support the Governor in his veto here g because I think doing away with the requiremene of personal service before a person is kicked out of where they fre staying is not right. It qoes too far. And I would ask the sponsor what was -- what is the reason you a re bringing this bill or, this asking for overriding the 13  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30# 1997 Governor 's veto?

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Collins.

I will be delighted to explain it to you g but I would need quiet so you can hear it. This -- the Governo r's or the Governor 's staff 's interpretation of what is in this bill is incorrect. Let me repeat again: This bill does not change current law for giving notice to tenants. Senator Obama indicated that we pre talking about depriving a tenant of their place of residence . This bill does not address tenants. This bill strictly deals With someone -- if you are my tenant, you may move into -- stop paying me rent . You then move someone else in w ith you . They may or may not -- you may or may not collect money from that person , but you still don 't pay my rent . After I have served you a thirty-day notice , a five-day notice, I then take you to court. What this bill does, it says, because no one -- you have not notified me that you 've moved someone else in , even though it 's in your lease that if you do move someone in, you should notify me. When you come to court, the judge asks, my attorney asks , who resides there with you , you say NNo one .'' After the order of eviction has been entered by the judge, it goes to the sheriff's office. The sheriffs notify the tenants and anyone else living in the buildings on a date certain they will be out to evict you. When the sheriffs arrives at the home to evict, now this non-tenant appears at the door and says to the sheriff, ''Let me see the eviction order. My name doesn 't appear on that order; therefore : you cannot evict me because I 'm a tenant here .'' Okay? You have to start the legal proceedings a11 over from step one to now evict a non-tenant of whom you know nothing about , and it can go on for years , until you never move and vacake your p roperty so you can now earn rent -- collect rent from your oWn p roperty , 14  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 until a point that you lose it . You lose your property because you can no longer pay your mortgage note . That 's what this bill address. It simply allows the judge at the time the order of eviction hearing comes up to send a notice -- have a notice sent out , and if no one appears at the door , to post to that non-tenant - non-tenant that you don 't know the name of - to come to court at the same time the legitimate tenant is being -- hea ring is being heard in the court, and that non-tenant at that point can express their tenant interest in this building . If they have paid rent to the legitimate tenant, then the judge can order that person to reimburse them for their money . But under no circumstances should a landlord be held responsible for a agreement that you made With someone else. That 's what this bill address .

PRESIDING OFFICER : (SENATOR KARPIEL) Is there further discussion? Further discussion? Senator Dillard .

Thank you , Madam President. 1 '11 try to be very brief here . I think Senator Collins' purpose for this legislation is laudablez but I do agree with Senator Obama and Senator Fitzqerald that we must have been a little asleep at the switch when this originally passed. While I like her intent, I think this bill jus: goes too far. I believe that the way this is set up r especially under a case called Greene versus Lindsey in Illinois , that this bill is definitely unconstitutional . And I would urge everybody on this side of the aisle and in this Chamber to vote No on this. We'll work with Senator Collins, I 'm sure r in the Judiciary Committee g under Senator Hawkinson's leadership, to get a bill that might serve her purposes but be constitutional at the same time . And I guess the bottom line on this is, if we override the Governo r, there Will be people in Illinois that can lose their home or their apartment without notice' and I believe in this country people do 15  STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Leg islative Day October 30, 1997 deserve notice before they 're thrown out on the street . And literally r under this bill r the first time somebody , a tenant or someone else , might receive notice is when the sheriff ls at their door ready to throw their mattress r couch and other belongings out on the street. And I think we can just craft, with Senator Collins , a much better way to do this and , most impo rtantly , one that 's constitutional . I urge everybody to vote No .

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

A question for the -- for the sponsor.

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

Senator Collins, I I understand what you dre saying . Somebody rents the apartment, then lets somebody else live in there. They lre not paying the rent , and when the summons comes to evict -- evict the -- the so-called renter: he 's not there - some other family 's there , and is a squatter , in effect . It seem s to me that 's trespassin: at that point. Have you investigated that , or are any legal eagles here that could answer that for me?

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Collins .

Senator, it is trespassing, but somehow in Cook County there there was a court ruling that said that if someone ... First of all, let me -- clarify somethlng up . If someone appears at the door -- after a vacating order has been entered by the judge and the sheriff has been sent that order to vacate that premise , at that time if anyone comes to the door and show that they have some proof that they live there , like a piece of mail or something of that nature , that the sheriff can no longer vacate that p remise . 16  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 And what happens, it is now the friend of tbe tenant . 80th -- friend of the tenant, the tenant is there , and so the -- the friend of the tenant now comes to the door and say , HWell , I live here .'' The tenant is going to continue to live there also because the court proceeding starts all over. Noy khey don 't consider that trespassing e but you are absolutely riqht . There is a different standard of 1aw that 's being practiced when it comes to tenant/landlord than it is in any other case.

PRESIDING OFFICER: (SENATOR KARPIEL) If there is no further discussion , no further d iscussion , the question is... Senator Collins, do you wish to close?

And in -- in regard to Senator Dillard and to Senator Obama: Senator Dillard, there 's no way under this bill that the sheriff would appear at the door and the tenant or whoever is -- or the non-tenant will not know that there had been a court o rder. You cannot get -- the sheriff w ill not go out to evict anyone unless a a the issue has been adjudicated in a court of law. So the case -- what you dre talking about will never happen . This bill is - - is -- is giving people in this State the right to own and to protect their property. That is a constitutional right, I think, that supersede the right of a non-tenant to come in and take away your property or make you lose your property because you can no longer pay the mortgage . I ask for a favorable vote .

PRESIDING OFFICER : (SENATOR KARPIEL) The question is , shall Senate Bill 278 pass: the veto of the Governor to the contrary notwithstanding . Those in favor will vote Aye. Those -- vote Nay. And the voting is open. Have al1 voted who wish ? Have all voted who wish ? Have all voted who wish? Take the record. On that question, there are 14 Ayes, 36 Nays, 6 votin: Present. And Senate Bill 278, havinq not received the required three-fifths vote , is declared failed . On page 8 is 17  STATE OP ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Leqislakive Day October 30r 1997 Senate B ill 473. Senator Syverson . Out of the record . Senate Bill 548 . Senator O 'Malley . Madam Secretary , read the motion y please .

I move that Senate Bill 548 do pass , the veto of the Governor to the contrary notwithstanding . Offered by Senator O 'Malley .

PRESIDING OFFICER: (SENATOR KARPIEL) Senator O 'Malley .

Thank you r Madam President, Members of the Senate . I do move to override the Governor's veto . So that those Members of the Senate fully understand what IIm askinq them to do, the legislation -- it's -- the subject matter of this particular bill allows - not mandate, allows - the Secretary of State 's Office to work w ith the Municipal Leaque and Ehe mayors and village presidents across the State of Illinois to develop a licensure program for them with no fiscal impact to the State of Illinois and -- and , again, completely allows the -- the Secretary of State 's O ffice to implement the intent of the legislation in any manner the Secretary wishes. I'd be happy to answer any questions there may be .

PRESIDING OFFICER: (SENATOR KARPIEL) Is there any discussion? Seeing none, the question is, shall Senate Bill 548 pass, the veto of the Governor to the contrary notwithstanding . Those in favor w ill vote Aye . And those vote -- those opposed , vote Nay . The voting is open . Have all voted who wish? Have a11 voted who wish? Have all voted who W ish? Take the record . On that question, there are 38 Ayes, 9 Nays, none voting Present. And Senate Bill 548, having received the required three-fifths vote , is declared passed r the veto of the Governor to the contrary notwithstanding . We will now be going to 18 . .. - . . - 1  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Supplemental Calendar No . Motions in W riting , Override Total Vetoes . And on that Calendar is Senate Bill 35 . Senator Klemm has moved that Senate Bill 35 do pass, the veto of the Governor to the contrary notwithstanding . Madam Secretary : read the motion , please.

I move that Senate Bill 35 do pass r the veto of the Governor to the contrary notwithstanding . Offered by Senator Klemm .

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Klemm .

Thank you , Madam President. The Senate Bill 35 changes the Senior Citizens Assessment Freeze Homestead Exemption. The Governor, when he vetoed the bill, had indicated that that portion that we were talking about of allowing senior citizens who have a physical or a mental or a problem that caused them ko not be present to file their homestead exemption in an appropriate time could be given that extension . If they were in the hospital or something, obviously they couldn lt do that . The Senate had passed that in Pebruary on a ll7 to nothing vote and the -- or, 58 to nothing and the House passed it ll7 to nokhing . But the Governor felt that in a bill of number -- House Bill 58l that it was covered and therefore he vetoed this bill . But the two provisions are very much different, and although the Governor did support our effo rts on Senate Bill 35, he felt that it did not cover it . But when we reviewed the provisions of it, and I want to just briefly give Ehat to you , we see the differences and that 's why we need , actually , both bills . Senate Bill 35 gives the ch ief county assessment officer the authority to extend a filing deadline for the senior citizens assessment freeze in cases where the applicant fails to file the documents because of medical reasons. The other 19  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30# 1997 bill , which was House Bill 581, allows a certificate of error to be titled in that instance and the applicant then would have to go to court on the previous year 's assessment, not the current yea r. 35 allows for a simple procedural change within the assessor ls office . The applicant can immediately receive and rectify that p roblem and it 's taken care with an exemption on that current year . The other bill , House Bill 581 , creates a11 types of p roblem s for a senior citizen to meet that requirement . We think - - both are app ropriate ; therefore , I do ask for the override of Senate Bill 35 . Thank you .

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Klemm has moved that Senate B ill 35 do pass , the veto of the Governor to the contrary notw ithstandinq . Is there any discussion? Senator Hendon.

Thank you , Madam President . rise in support of Senator Klemm 's motion , as the cosponsor of the bill. He allowed me F so graciously: to be on this bill With him. It is a wonderful bill, and thë Governor 's veto notwithstanding , I urge that we support Senator Klemm 's motion . Thank you .

PRESIDING OFFICER: (SENATOR KARPIEL) If there 's no further discussion , the question isz shall Senate Bill 35 pass, the veto of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Those opposed: vote Nay. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have all voked who wish? Take the record e Madam Secretary. On this question, there are 53 Ayes, 2 voting Nay, none voting Present. And Senate Bill 35, havin: received the required three-fifths vote, ià declared passed, the veto of the Governor to the contrary notwithstanding . We 're now going to page 2 of today 's Calendar on the Order of Senate Bills 2nd Read ing . We have Senate Bill 1195. Senator Madiqan. Read the bill, Madam 20  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30z 1997 Secretary .

Senate Bill 1195 . (Secretary reads title of bill) 2nd Reading of the bill . No comm ittee or Floor amendments reported .

PRESIDING OFFICER: (SENATOR KARPIEL) Senator Madigan. Oh y I'm sorry . Read the billy Madam Secretary. 3rd Reading. Senator Donahue.

Thank you very nuch , Madam President. would like to announce a Republican Caucus immediately in senator Philip 's Office. Immediately.

PRESIDING OFFICER : (SENATOR KARPIEL) Senator DeLeo . SENATOR DeLEO : Thank you , Madam President. I would like to announce that we'd like to have a Demoeratic Caucus, a Democratic Caucus immediately in Senator Philip 's Office also. No . I'm kidding. In Senato r Jones ' Office . A Democratic Caucus in Senato r Jones ' Office .

PRESIDING OFFICER : (SENATOR KARPIEL) There will be a Republican Caucus and a Democrat Caucus . We w ill have it for approximately one-half hour. After the caucuses, remember there is an E&E Committee immediately after caucus in Room 112 . Senate stands in recess. (SENATE STANDS IN RECESS) (SENATE RECONVENES) 21  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997

PRESIDING OFFICER: (SENATOR WEAVER) . . . the Membership would please come to the Floor, we 'll conclude our business for the day . The sooner the better . Senator Petka on khe Floor?

PRESIDING OPFICER : (SENATOR DONAHUE) Messages from the House .

Message from the House by M r. Rossi, Clerk . Mr. President am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adop tion of which I am instructed to ask the concurrence of the Senate r to w it k House Joint Resolution 38. (Secretary reads HJR No. 38) Adopted by the House, October 30th, 1997.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of House Joint Resolution 38. Those in favor will say Aye. Opposedp Nay. The Ayes have it, and *he rules are suspended . Senator Weaver now moves the adoption of House Joint Resolution 38. Those in favor, say Aye. Opposed , Nay . The Ayes have it , and the resolution is adopted . Commitkee Reports.

Senaeor Mahar, Chair of ehe Comm ittee on Environmen: and Energy : reports Senate Amendment 2 to House Bill 362 Be Adopted .

PRESIDING OFFICER: (SENATOR DONAHUE) Messages from the House .

A M essage from the House by Mr. Rossi, Clerk . M r. President am directed to inform the Senate that the House of Rep resentatives has passed bills of the follow ing 22  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 titles , in the passage of which I am instructed to ask the concurrence of the Senate , to wit : House Bills 2328 and 2364. Both passed the House on October 30th , 1997 . We have a like Message on House Bill 2333 . Also passed the House , October 30th , 1997 .

PRESIDING OFFICER: (SENATOR DONAHUE) House Bills lst Reading .

House Bill 2333, offered by Senator Peterson . (Secretary reads title of bill) lst Reading of the bill .

PRESIDING OFFICER: (SENATOR DONAHUE) We 'll no< proceed to the Order of Resolutions Consent Calendar. With the leave of the Body , all those read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolutions?

No objections have been filed, Madam President.

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any discussion? If nok, the question is, shall the resolutions on the -- Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have ite and the motton carries, and the resolutions are adopted. On page 6 of today 's Calendar, on the Order of Constitutional Amendment lst Reading , is Senate Joint Resolution l5. Senator Dillard . Read the resolution , Mr . Secretary .

senate Joint Resolution, Constitutional Amendmen*, l5, offered by senator Dillard . (Secretary reads SJRCA No. 15) lst Readin: of the resolution . 23  ' STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65*h Legislative Day Oetober 30 , 1997

PRESIDING OFFICER: (SENATOR DONAHUE) 2nd Reading . oo.m iddle of page 8 , on the -- on our reqular Calendar: is the Order of Motions in Writinq to Override the Total Veto of the Governor. Senator Syversone on Senate Bill 4737 Read the motion, M r...

I move that Senate Bill 473 do pass , the veto of the Governor to the contrary notwithstanding . The motion filed by Senator Syverson .

PRESIDING OFFICER : (SENATOR DONAHUD) Senato r Syverson.

Thank you, Madam President. This legislation is leqislation we 've worked on over the course of the last year which adds circuit judges to those areas of the State that are in desperate need of additional judicial help beeause of the case backloq. We are workinq on some additional legislation to address the concerns of -- of Senator Jones that we have certainly commieted eo do . This is important and , again , this has bipartisan support and would ask for your help in overriding this veto .

PRESIDING OPFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , the question is, shall Senate Bill 473 pass, the veto of the Governor to the contrary notwithstanding . Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted vho wish? Have all voted who wish? Have all voted who wish? Take the record . On that question, there are 59 Ayes , no Nays , none voting Present. Senate Bill 473, having received the required three-fifths vote , is declared passed , the veto of the Governor to the contrary notwithstandinq . NoW we will proceed to Supplemental Calendar No . 2. It should have been distributed to the Membership . We lll sta rt W ith ... Senator Maitland , on Senate 24  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30 , 1997 Resolution 112. M r. Secretary z'read the resolution .

Senate Resolution 112, offered by Senator Maitland. No committee or Ploor amendments, Madam President .

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Maitland .

Thank you very much, Madam President, Members of the Senate. The resolution that embraces the Task Force on Com fort Care Was passed last spring. The Task Force has been diligently working. We've found that wedre not qoing to be able to reach our -- our date of conclusion that was suggested in the original resolution , so therefore this resolution extends that time frame to May 31 , 1998 . And I would seek support of the Body . PRESIDING OFFICERJ (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none, Senator Maitland moves the adoption of Senate Resolution 112. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Petka, on Senate Resolution 124. M r. Secretary e read the resolution .

Senate Resolution 124, offered by Senator Petka . No comm ittee or Floor amendments, Madam President .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka . SENATOR PETKA : Thank you, Madam President, the Members of the Senate. Just like the preceding resolution, this -- this resolution seeks to extend the time for filing of a report and recommendations by a total of three monthsy to January 31st, 1998 . I move for its adoption . PRESIDING OFFICER: (SENATQR DONAHUE) 25  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 65th Leqislative Day October 30, 1997 Is there any d iscussion? Senator Demuzio .

Thank you very much . Senator, I m ight ask a question e if I might.

PRESIDING OFFICER : (SENATOR DONAHUE) Indicates he dll yield , Senator Demuzio .

Senator Petka , it 's my understanding that one of our Members , Senator Cullerton , had filed an amendment attempting to make this commission a bipartisan committee, and appa rently his amendment is currently held in the -- in the Rules Committee . Is -- is it your intention to -- to move forward with the extension of this date without affording Senator Cullerton 's amendment the opportunity to have a hearing?

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Petka .

Senator, it's my intention to move forward with this resolution .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio .

Well , the answer is yes. He 's not on the Floor at the moment. I was wondering if you m ight want to take it out of the record fo r a few minutes. I'm sure he's going to momentarily show. Just as a matter of courtesy .

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Petka .

Senator, that this is a resolution which deals with an extension of time, and I -- that amendment , which I have not seen and which was told about orally this morning , is not part of 26  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 this resolution . And I see no reason to take it ou* of the record.

PRESIDING OFFICER : (SENATOR DONAHUE) Further d iscussion? Senator Demuzio .

Well, then , I would pose this question to the Chair then. On Senate Resolution 112, as well as 124 , since we are extending the deadline on these commissions and since, in fact, khey do cause fo r the expenditure of dollars, is it necessary then to have a roll call on both?

PRESIDING OFFICER: (SENATOR DONAHUE) If you want a roll call on this, Senator Demuzio , We dre mo re than happy to . Senator Demuzio .

No, the question I asked is thatr since this is an -- expenditure of dollars , isn 't is it not required by our rules that there be a recorded roll call?

PRESIDING OFFICER : (SENATOR DONAHUE) Well, on the original one on Senate Resolution 112, we had already had a record roll a recorded roll call on the original task force. But if you want one on th is one, we 're more than happy to accommodate . Senator Demuzio .

Nor I'm not asking for a roll call. I'm just asking as to whether or not it is the opinion of the Chair Whether or not these b0th can be extended , since they call for the expenditure of dollars, without a recorded roll call . If it can be one on a voice vote, fine. I'm just posing the question.

PRESIDING OFFICER: (SENATOR DONAHUE) . o o gave you an answer in my -- in the first response r Senato r Demuzio , and that is there is a recorded roll call on both these resolutions to originally create the task force ; however, if you 27  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 want a roll call on this resolution , I mean , we lll go back and -- well, no , we can 't . The point is r if you want to do this one , we're more than happy to have a roll call. Senator Demuzio.

Well, I'm not requesting a roll call, but I was wondering how was I recorded in Senate Resolution 112?

PRESIDING OFFICER: (SENATOR DONAHUE) Aye .

I was? Were all fifty-nine Members recorded as Aye?

PRESIDING OFFICER: (SENATOR DONAHUE) The Ayes were the ones that predominated , yes r Senator Demuzio .

Well, you -- you have better eyes than I do . Thank you very much .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch .

have a question of the sponsor.

PRESIDING OPPICER: (SENATOR DONAHUE) Indicates he dll yield , Senator Welch . SENATOR WELCH : Senator Petka r could you I 'm not clear on this . Could you explain the difference between the Task Force on Election Activities and Reform and the comm ittee that Senator Klemm is -- is running , that subcommittee on -- I thought that Was on election reform as well. What is the difference between the two? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka . SENATOR PETKA : One is -- involves a subcomm ittee of -- of a standing 28  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Leqislative Day October 30 , 1997 committee of the Senate. This involves a -- a task force which was chartered by the General Assembly earlier this year. It is not a standing committee .

PRESIDING OPPICER : (SENATOR DONAHUE) Senator Welch .

So, is this a joint House/senate committee, as opposed to the - - Senator Klemm 's committee?

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Petka .

No .

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Welch .

Well, then, don 't understand why we have two committees on the same subject. What -- What activities is this task force doinq that Senator Klemm 's subcommittee isn 't doinq? What is the difference in activity between the two?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka .

Senator , I can only speak for my own comm ittee -- or, well , the -- the task force . We are chartered wikh taking a look at campaign practices, with the expenditure of funds, and to make recommendations, as far as possible legislation . We are not a standinq committee or or a subcommittee of a standing comm ittee . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch . SENATOR WELCH : Well, this sounds like duplication to me. If -- if -- if your 29  STATE OF rLLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 committee: your task force and Senator Rlemm ês comm ittee are basically doing the same thing, Senator Klemm 's subcommittee has a11 the bills that We introduced with Members' recommendations for election reform . I mean, a lot of us had ideas, and bills and we submitted them , and they a1l ended up in Senator Klemm 's subcommittee . It seems to me that -- that that Would be a heck of a lot of ideas, that -- that this task force would be -- be reinventing the wheel by trying to come up with some new ideas when a11 you have to do is take the bills out of Senator Klemm 's committee. To me, this sounds -- I'm not sure why we lre doing both. I think what happened here was this task force started before Senator Klemm 's subcomm ittee was started and then Senator Klemm 's subcomm ittee got all of the b ills, and yet this task force rolls on . Is that what happened? Was this task force started before that subcommittee started?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka .

No .

PRESIDING OFFICER : (SENATOR DONASUE) Purther discussion? Further discussion? Seeing none r Senator Petka , to close?

I move the adoption of the resolution.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka moves the adoptlon of Senate Joint -- ore Senate Resolution 124. Those in favor, vote Aye . Opposed , Nay . The voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted Who W ish? Take the record . On that question , there are 58 Ayes, no Nays, none voting Present . Senate Resolution 124, having received the required voter is declared adopted . ...will now go to Executive Session fo r the purpose of 30  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 advice and consent. Mr. Secretary, Comm ittee Reports .

Senator Petka , Chair of the Committee on Executive Appointments, to Which Was referred the Governor 's Message of October 16th , 1997, repo rted the same back with the recommendations that the Senate advise and consent to the follow ing appointments .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka .

Well , thank you, Madam President . I move the Senate resolve itself into Executive Session for the purpose of acting on the Governor 's appo intments set forth in his Message of October 16th , 1997.

PRESIDING OFFICER: (SENATOR DONAHUE) You 've heard the motion . A ll in favor, say Aye . Opposed , Nay . The Ayes have it. The motion carries , and We a re in Executive Session . Senator Petka .

Wellr thank you againr Madam President. With respect to the Governor's Message of October 16th, will read the salaried appointments to which the Senate Committee on Executive Appointmenks reconm ends that the full Senate do advise and consent : To be Director of the Department of Commerce and Community Affairs for a term ending January 18th, 1999, Edward Sims of Springfield. To be Associate Secretary of the Illinois Department of Human Services for a term ending January 18th, 1999, Ann Patla of Ba rrington H ills . To be Assistant Secretary of the Illinois Department of Human Services for a term ending January l8th# 1999, Audrey Mccrimon of 31 I . STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30, 1997 Chicago . To be Deputy Commissioner of the Office of Banks and Real Estate for a term end ing January 31st, 2000 , Patrick A . Brady of Long Grove . To be a member of the Illinois Industrial Commission for a term ending January l8thr 1999, Diane Smart of Western Springs. To be a member of the Illinois Industrial Comm ission for a term ending January 15th , 2001, Michael Weaver of Ashmore . To be a Member of the Chicago Transit Authority for a term ending September 1st, 2004 , Susan Leonis of Chicago . Madam President, having read the salaried appointments of October 16th , I now seek leave to consider these appointments on a roll call. And , Madam President, will you put that question as required by our rules? PRESIDING OPFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discussion? The question is, does the Senate advise and consent to the nom inations just made. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted Who wish? Have all voted who wish? Have all voted who wish? Take khe record . On that question , there are 57 Ayes r no Nays , none voting Present. A majority of Senators elected concurring by record vote, the Senate does advice (sic) and consent to the nominations just made. Senator Petka . SENATOR PETKA : Thank you again, Madam President. Having read the salaried appointments of October 16th, I now seek leave to consider these ... Strike that. Wrong script . I Will noW read the unsalaried appointments to which the Senate Committee on Executive Appointments recommends that the full Senate advise and consent: To be members of the Illinois Committee for Agricultural Education for terms ending March 13th, 2000: Stuart Ellis of 32 !  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Decatur, Danny Faber of Flanagan, Linda Henderson of Bloomington , Perry Schneider of Lincoln . To be members of the Agricultural Export Advisory Comm ittee for terms ending January 18th, 1999, Heather Knodle (sic) (Hampton-Knodle) of Irving and Robert Hutcheson (Jr.) of Malta. To be a member of the Capital Development Board for a term ending January l7r 2000, Roger Roberson of Champaign . To be members of the Carnival Amusement Safety Board for terms ending January l7 , 2001, Deborah Pusey of -- of Peoria , Darrell Sitarz of Wheaton . To be members of the Illinois Coal Development Board for terms end ing July 1st, 2001, Carolyn Ehlert of Milan , Richard Newtson of Springfield . To be members of the Illinois Comprehensive Hea1th Insurance Plan Board for term ending July 1st, 2000, Sharon Heaton of Graymont , Richard Kotz of Glencoe, Johanna Lund of Rockford , Saul Morse of Springfield , Robert Schaaf of Springfield . To be members of the Illinois Econom ic Development Board fo r a term ending November 1st , 1998, Alan Puzey of Fa irmount, Robert V iets of Peoria . To be a member of khe Ill'inois Fiduciary Advisory Committee for a term end ing January 1st, 2000, Stuart Bilton of Barringkon . To be a member of the Board of Financial Planning and Management Services (Advisors) for a term ending July 1st, 2000, Kenneth Hoerr of -- of Peoria . To be members of the Guardianship and Advocacy Commission for terms ending June 30th , 2000, Felicia Blasingame of South Holland , Ronald G rais of W innetka , Inese Stokes of Tinley Park , Nancy Wyant of Benton . To be a member of the Health Facilities Planninq Board fo r a term ending June 30th, 1998 , Thomas Beck of Glenview . To be a member of the State Board of Health for a term ending 33  STATE OF ILLINOIS 90TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 November 1st, 1999 , Karen Mason of DeKalb . To be a member of the Illinois State Board of Investment for a term end ing January l6, 2001, Joseph Cacciato re of Winnetka . To be a member of the Kaskaskia Regional Port District Board for a term ending June 30th, 1998 , Virqil Becker of Smithton . To be a member of the Kaskaskia Regional Port District Board for a term ending June 30th , 1999, Ina Appel of Sparta . To be members of the Kaskaskia Regional Board -- Port District Board for terms ending June 30, 2000, Edwin Cockrell of New Athens, Virgil Gregson of Hecker, Stephen Jung of Waterloo, Robert ' Keller of Waterloo , Norman Rieso of Freeburg . To be members of the Labor-Management Cooperation Committee for terms ending July 1st, 1998, Richard Beck of Springfield, David Butts of Decatur . To be members of the Labor-Management Cooperation Comm ittee for terms ending July 1st , 1999 , Kenneth Jobe of Glen Carbon , and Judith Redwine of Moline . To be members of the State Mandates Board of Review for terms ending June 30th , 1999, John Janicik, Clarendon Hills ; William Murphy, Woodridge. To be a member of the Surface Mining Advisory Council for a kerm ending August loth, 1998 , Lloyd Anderson of Danforth . To be a member of the Board of Natural Resources and Conservation for a term ending January l8 , 1999, James Kahn of Chicago . To be a member of the Advisory Board to the Department of Natural Resources for a term end ing January 18th , 1999 , Jean Meyer of Chicago . To be a Member of the Oh io River Valley Water Sanitation Comm ission for a term ending January 3rd , 2000 , Constance Humphrey of Springfield . To be a member of the Prairie State 2000 Fund Board of 34 1  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30 , 1997 Directors for a term ending July 1st, 2001, Rhonda Kodjayan of Chicago . To be Public Adm inistrator and Public Guardian of Kane County for a term ending December 3rd , 2001 , Lou Ann Cameron of Batavia . To be Public Administrator and Public Guardian of Warren county for a term ending December 4th, 2001 , Rebecca Hultgren of Monmouth . To be Public Adm inistrator and Public Guardian of Shelby County for a term ending December 4th , 2001, Evelyn Lowe . To be a member of the Quad Cities Regional (Economic) Development Authority for a term ending January l8, 1999 , Kenneth Schloemer of of Moline . To be members of the Rehabilitation Services Advisory Council for terms ending July 1st, 1998, Etta McGregor-lones of Park Forest, John Sullivan of Springfield. To be members of the Rehabilitation Service Advisory Council for a term ending July 1st, 1999 , Diane Crutcher of Normal. To be Members of the Rehabilieation Services Advisory Council for terms ending July 1st, 2000, Deborah Grant of Springfield, David Potts of Morris , Leon Smith of Ca rbondale . To be members of the Advisory Council on Spinal Cord and Head Injuries for terms endin: June 30th, 2000, Madelynne Brown of Chicago , Kathy Clements-sarber of Olympia Fields , George Cybulski of Oak Park , Thomas Duncan z Jr . of South Holland , John Pisk of Springfieldr Dennis (sic) (Daniel) Woloszyn of West Dundee, Nanette Devinney of East Moline . To be a member of the Waukegan Port District Board for a term ending May 31st, 1999, Stephen SmurthWaite of Libertyville. To be a member of the Will-Kankakee Regional Development Authority for a term ending January 17th , 2000, Barbara Peterson of Beecher. To be a member of the Upper Illinois River Valley Development 35  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 Authority for a term ending January l5, 2001 , Tim Christensen of Hennep in . Madam President, having read the unsalaried appointments, now seek leave to consider these appointments on a roll call. And, Madam President, will you #ut the question as required by our rules? PRESIDING OFFICERJ (SENATOR DONAHUE) Is there any discussion? Is there any discussion? Seeing none , the question is , does the Senake advise and consent to the nominations just made? Those in favor will vote Aye. Opposed, Nay . And the voting is open . Have all voted who w ish? Have all voted who wish? Have all voted Who wish? Take the reco rd . On that question, there are 58 Ayes , no Nays , none voting Present . A majority of Senators elected concurring by record vote, the Senate does advise and consent to the nominations just made. Senator Petka . Senator Petka .

Madam, I Would -- Madam President, I would ask we arise from Executive Session .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka moves that the Senaee arise from Executive Session . All those in favor, say Aye . Opposed , Nay . The Ayes have and the motion carries. On page 2 of your regular Calendar is House Bills 3rd Reading . We have House B ill 362 on Recall . Senator Mahar, do you wish to return Rouse Bill 362 to the O rder of 2nd Reading for the purposes of an amendment? Senakor Mahar seeks leave of the Body to return House Bill 362 eo the O rder of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is House Bill 362. M r. Secretary , are there any Floor amendments approved for consideration? SECRETARY HANRY : 36  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Amendment No . 2 , offered by. Senator Mahar.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Mahar .

Thank youy Madam President. Qhis is the deregulation bill that just passed committee. I would move its adoption and then have the debate on 3rd Readinqr if that's okay with the Members.

PRESIDING OFFICER : (SENATOR DONAHUE) Is there any diseussion? Any d iscussion? Seein: none ... On the amendment, all those in favor, say Aye. Opposed, Nay . The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?

No further amendments reported .

PRESIDING OFFICER : (SENATOR DONAHUE) 3rd Reading . Now , on the Order of 3rd Reading is House Bill 362. Mr . Secretary , read the bill .

House Bill 362. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (SENATOR DONAHUE) Senato r Mahar.

Thank you, Mr. President -- Madam President. Ilm sorry. Today we 'll have the opportunity in this Chamber to shape Illinois policy in a manner that I think we will a1l agree is truly historic. Illinois will transition from a regulated monopoly for electric utilities to one that is unregulated . The b ill before us involves not just months but years of a process that has been bipartisan, and it is a negotiated bill. Some of us will be able to stand and pick out exceptions of the bill that they may not 37  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 agree with and make an excellent case for that particular point. I would ask the Members to look at this bill as a whole, and I think youdll find out it benefits a1l Illinoisans. For many of us, this is probably qoing to be the most important public-policy vote of our careers. With that, Madam President, I'm going to take a moment . I think many of us have had an opportunity to read the analysis , but I will go throuqh some of the highlights of the bill and then respond to questions . First of all, there is a residential rate decrease for those who are on Com -- Commonwealth Edison's and Illinois Powerls service territory. An 8/1/98 daee will enact a fifteen-percent decrease. This is a fifteen-percent decrease from the tariffed rate. 5/1/02 will be an additional five percent. The provisions that -- for the remainin: utilities in Illinois, over twelve thousand five hundred customers, Will be five percent in 9/1/98 (sic) (8/1/98), or they may seek a -- a rate case. There is also a provision for five percent in -- in 2000 and 2002, or if they -- they may -- this -- this Will not be this will not be enacted if , in fact, they are at -- or, five percent or to the Midwest akerage. Access by the residential consumers is one hundred percent on May the 1st, 2002. The transition period, as compared to Senate Bill 55r which was 2008, will end on 12/31/2006. There is a mechanism for them to petition the ICC , under certain financial circumstances , to extend it ; however, it statutorily ends 12/31/06. The residential mitigation factors at 2002 will be aix percent; at '03 and 104, seven percent; '05, eiqht percent; and ,06, at ten percent - negotiated by the Citizens Utility Board. The nonresidential direce access schedule is the same as was -- as in Senate Bill 55z and you may -- many of you know this, that on 10/1/98 -- '99 loads greater than four megawatts; aggreqated loads for single-owner, and multisite facilities with loads over nine and a half megawatts, and thirty-three percent of the remaining residential (sic) 38  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30g 1997 (non-residential) customers; 10/31/2000 (sic) (12/31/2000), the remaining nonresidential customers . The mitigation factors for commercial and industrial is 10/1/99 to 12/31/02, is five mils or eiqht percent; 103- 104, five m ils or ten percent; 105, six m ils or eleven pereent ; nine -- I 'm sorry , 106 , nine mils or twelve percent. One of the more important functions of this les islation and public policy that separates us not only from Senate Bill 55 , but from others -- other -- what other state legislatures have enacted , it 's this General A ssembly will be the final arbiter of resolutions as to whether the structure we have put in place for deregulation needs to be corrected. We shall receivee beginning on March the lst of 1999 , reports -- and every year thereafter on March lstz reports from the Illinois Commerce Commission on information provided them by the electric utilities, and I m ight say, in addition, additional information, than what Ehey are now providing the federal qovernment on their revenues and operating costs . Should we find these companies are making money hand over fist, we have every right and every obliqation to go back and make changes as far as the mitigation structure and/or the transition period, access points, whatever. We -- wer in fact, therefore are the oversight authority, where there was no oversight authority in the prev ious legislation passed by the House . Securitization is in the bill. It is considerably limited , as compared to What was offered before , though the cap italization remains at fifty percent and eighty percent of the proceeds are now used only to refinance debt or repurchase equity . The twenty percent are limited to four functions: fuel -- retirin: fuel obligations, spent nuclear fuel obligations, labor costs and transaction costs dealing with the securitization. They may only securitize twenty-five percent in the first year and they have to 2004 to -- to securitize the remaining . We have benchmarks in the bill , so that We know at what point in the marketplace where there is competition and where 39  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Leqislative Day October 30, 1997 there is not. Thatdll be information provided to us and the people in -- of the State of Illinois . We continue to have a financial viability test . We continue to have a a ea rnings test. We have plugged innumerable loopholesr which I'm prepared to talk about . We have -- the tax situation : the revenue to the State, it remains neutral. The Municipal League, the City of Chicago has signed off on the taxes -- on the taxes that we now have in the bill. We do provide a window where -- whereby large industrial consumers who are severely impacted by the municipal tax, we give a window for us to clean that up in the spring . I look forward to doing so. Reliability is an important part of the bill . It remains the same as Senate Bill 55# as does the low-income component . The environmental and coal -- coal p roponents remain the same , with the exception of we have accepted language from the Coal Association by Which they may continue to reutilize money which wasn 't spent in the previous year. The municipalities and co-ops : municipal -- co-ops and municipal generators are exempted from the bill. Think with that, Madam President, I would be happy to entertain questions and listen to remarks from the Members .

PRESIDING OFFICER: (SENATOR DONAHUE) Is there discussion? Is there discussion? Senator Farley .

Thank you, Madam President and Ladies and Gentlemen of the Senate. As the Members of this Body are aware, the negotiations on utiliky deregulation have been ongoing since we adjourned last spring. As the Democratic spokesman on the Environment and Energy Comm ittee, can tell you that this process has been a lonq and difficulk one. Throughout this process, which has indicated during three lengthy public hearings , there has been give and take on both sides of the negotiatin: table . Finally , after months of negotiation and compromise, the Members of the State Senate now 40  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 r 1997 have the opportunity to do something that 's right for the citizens of this State. Finally, after years of paying some of the highest utility bills in the nationz we have the opportunity to give hardworking families in Illinois some relief. And how do you spell this relief? D-E-R-E-G-U-L-A-T-I-O-N - deregulation . W ith your Aye vote over the next nine years r the citizens of Illinois will save over one billion dollars. That's right, Ladies and Gentlemen: one billion dollars. This is not a tax break for special interests . This is a tax break for those who do not have their own lobbying group: working families. Deregulation is coming on the federal level. This legislation locks Illinois in ahead of the curb -- curve in the electric derequlation effort . We 're locking in a twenty-percent decrease now . While keeping money in the pocketbooks of my and your constituents , this bill also preserves the tax revenues of both Illinois municipalities and the State. As a result, government entities are held harmless from the consequences of openin: up the electricity ma rket in the State. This bill contains provisions addressing the impact of deregulation on the environment . With this legislation , some thirteen million dollars a year has been allocated for energy-efficient programs and for programs encouraging the development of renewable energy sources and -- clean coal technology. Environmental advocates have suggested that this funding is insufficient. They're right. I and others have asked that these amounts be increased. Unfortunately, consensus could not be reached on addin: additional funds. Like most bills passed in the General Assembly, House Bill 362 is the imperfect product of ha rd-fought comprom ise. This bill, however, is an important first step toward encouraging the use of energy sources like solar and wind power, which means cleaner air for Illinoisans. intend to push hard for these things in the com ing years , for additional funding for these programs, and -- and I would anticipaee your 41  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30, 1997 support. The sponsors of House Bill 362 do not - I repeat, do not - intend for its implementatlon to lead to poor air quality in Illinois . Federal rules will continue to be in force regarding emissions, and the successful usaqe of funding, I just mentioned, offer the promise of even cleaner air. A reeent editorial warned legislators to be wary of an eleventh-hour Com Ed special. Having observed the vigorous scrutiny which has aceompanied the drafting of this legislation, I can assure you that this is not an eleventh-hour special . This is the real deal . Ladies and Gentlemen of the Senate, I urge each and every one of you to vote Yes for this very, very important measure, and we will -- we Will pass House B ill 362 and do something for the wo rking people and consumers of the State of Illinois . Thank you .

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

Will the sponsor yield for a queseion? PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yield , Senator Geo-Karis . SENATOR GEO-KARIS : Senator Mahar, I1m very concerned about several factors. One of the factors I 'm eoncerned about is that local governments in my area, my park districksr my school districts are going to be suffering some financial loss. Just about five and a half million dollars just in my city alone. Zion is one of the two cities in Ehe whole country that has a nuclear plant riqht w ith in its confines. And I -- I1d like to feel thak khis issue will be addressed, if we should pass this bill, in -- within the next year. The other point that I have in mind is that I do feel that more money , at least thirty m illion dollars per yearz should be included in the Energy Efficiency Investment Fund to encourage the use of cost-effective energy-efficiency measures and to give thus 42  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 g 1997 more support for cleaner power. I think -- people in my district are very concerned about clean environment. And I think that the Renewable Energy Resources Fund should be increased from five million to ken million dollars to eo provide matching grants and other incentives to encourage development of clean-energy technologies, either wind, biomass and solar: in Illinois. And I feel that energy-efficient products that help provide cleaner a ir and less pollution for us all should be encouraged by supporting new Illinois tax credies and sales abatement -- abatements for people who will buy energy-efficient products. I think we should keep in mind, too, khe current least-cost planning provisions in khe Illinois utility law, which Will help to ensure that when the nuclear plant -- power plants are shut down, utilities will deliver will develop , rather, a1l cost-effective energy-efficiency and renewable resources before building more coal and nuclea r plants . I mean, this bill is a much better bill than what was sent over from the House . Howeverg it does have a lot of holes to fill. I would like to be able to support this bill wieh the assurance from you, the sponsor, and your committee that you will do everythinq possible in in not to long a distance timer within the next six months, to give some consideration to the cost that is necessary to be g iven back to the local districts, such as those in my district and -- and districts where other nuclear plants are located or in the nearby areas . I also would like to have your assurance that you Will do , at least: about thirty million dollars each year in the energy-efficienk -- -efficiency business to give us cleaner air. Environment is very important to my district r and my schools are very important in my district' and our park distrkct is very important in my district, and my library district is very important, and the there is no provision, from what understand, in the present bill to cover the losses of income to 43  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30 , 1997 Ehose areas . What assurance can you qive me , Senator Mahar , that those issues will be addressed in -- in the not-to-distant future, within the next few months?

PRESIDING OFPICER: (SENATOR DONAHUE) Senator Mahar .

Thank you , Madam President . Senator Geo-Karis, I became aware of the issue regarding local governments and how they would be affected by the potential for accelerated depreciakion of a nuclear power plant -- nuclear power station within their -- their boundaries , and I became aware of that, really , seven days ago . And we have spent a -- quite a bit of time, as I and Senator Maitland and Senator Rauschenberger, probably more of it them , to see what we could do to resolve Quite franklv , it 's a verv difficult issue . We could not resolve it in a week . And I have pledged to them , as I will pledge to you , that we 'll work to see What we can do to resolve that issue in the spring Session. We 'll have more than enough time. As regards to the -- the environmental component of the bill, many Members have come up to me in the last couple of days and I have received the letter that *as circulated that has some -- probably half of the Members of the Senate , suggesting that we need to do more in that area , and I totally agree . I don 't know what the outcome Would be , because that will be a negotiated process, as every other component of this bill has been, but wedre qoin: to work diligently this coming sprin: w ith you , Senator Geo-Karisr and all Members of the Senate , to see how we can improve this component .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis . SENATOR GEO-KARIS : Madam President and Ladies and Gentlemen of the Senate, there ds no doubt in my m ind that Senator Mahar and Senato r Farley 44  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 and Senator Maitland are men of their word and they will make any - - every effort to address the concerns I 've had , shortly . I know that this is not a perfect bill, but in order to get the train on the track, I am going to support the bill , based on the assurances that Senator Mahar, who at great cost to his own health y has been working very diligently on this bill and who is also needful of the fact thak we do want to give the residential homeowners a -- a better break than they 've had in the past, and also the small businesses. And I understand that there is a better break. Is that -- is that not true , Senator Mahar?

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Mahar .

Thank you . There ls no question that We have, during the negotiating p rocess, extracted a great deal of additional resources from the qenerators in the State, and the -- those who w ill be -- who will be the recipients or the -- of those benefits w ill be a1l consumers at all rate classes.

Mr. President -- Madam President and Ladies and Gentlemen of the Senate, based on those assurances , I w ill support the bill, because it 's about time that the small persons - the small business owner and the residential person - qets a better break than they 've had before .

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Trotter.

Thank you very much, Madam President, Members of the Senate . 1, too, join with my fellow Members in commending the legislators, Senator Mahar in particular and Senator Farley , along with the staff and al1 those other individuals who wo rked all through the summer to bring us a -- a pretty comprehensive piece of 45  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30, 1997 legislation. But as pointed out by the other Members who spoke before me , this is not a perfect bill and there 's certainly very e very few bills thak go through this Chamber are ever considered perfect , and that 's prima rily because we are not a perfect people . But there are some concerns that I have , that I have some serious concerns with, and that is, of course, the environmental pieces that have been alluded to as well . I believe that mo re energy should have been taken and more effort should have been taken to address those concerns this time. But we still have an opportunity to address those concerns , hopefully in a trailer bill, as this p iece of legislation goes through our process , as it qoes over to the House. Specifically, some of the thinqs that I would like to see looked at and addressed is that we provide at least thirty million dollars each year in Energy Efficiency Investment Fund to encourage the use of cost-effective enerqy-efficiency measures. I would like to see double the size of the Renewable Energy Resources from -- Fund from five million to ten million dollars to provide matching grants and other incentives to encourage the development of clean-energy technoloqies. would like to see the support of a new Illinois tax credit and sales tax abatements for people who buy energy-efficient programs. And I would like to see the keep going to at least the cost-planning provisions in the Illinois utility law . Now , these are very simple th ings that we need to be looked at, but we need to also be very concerned about this because our environment is where we live. So not only let's take care of those people who are makinq profits, but let 's take care of -- of our communities, and that is taking care of the environment . Let 's put our money Where our mouths are . We -- we 're looking for a little few dollars in this app ropriation process. A lot of money is beinq made; a lot of money is being saved . Let 's spend money on the real people. I 'm'go in: to vote 46  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30, 1997 for this piece of legislation, but we certainly want to ensure that everyone is covered . This is not all about profit. This is about a quality of life , as well.

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Shadid .

Thank you , Madam President, fellow Members of the Senate . I have no questions; I have some comments to make. This proposed utility deregulation bill is grossly unfa ir to one company : CILCO, Which is based in Peoria, Illinois. This company has been a leader throughout the nation in fighting for consumers. This company has also shown, through its actions , that it is responsive to consumers and the communities in which they live. And now we have legislation that will penalize a company fgr -- for doing the riqht things. And all the statements that have been made said this is not a perfect bill, is absolutely correct . It is a very imperfect bill. You lve heard it before, but it must be repeated : CILCO has the lowest rates of the inveskor-owned utilities in the State of Illinois. They have not had a rate increase since 1982. They have lowered their rates twice during that time. ...is a company that many years ago saw that deregulation would soon be a reality . They took steps to prepare fo r ie. They cut costs; they restructured. And hoW are they to be rewarded for Ehis? By mandatin: a five-percent residential rate cut that will impact CILCO financially, Well beyond the cuts being imposed on the high-cost utilities, and by imposing a requirement to share earnings for being efficient . Even without a five-percent rate cut, CILCO will still retain the loWest rates of the investor-owned utilities in this State . repeat : Even without a five-percent rate cut , CILCO will still retain the lowest rakes of the investor-owned utilities in this State . This is an outraqe and in itself is anticompetitive. This is not the way businesses 47  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 in Illinois khat do the right things should be treated . This is not the signal that we should send to other businesses considering locatinq here in our State . Other utilities... Madam Presidentg I believe I -- I would like to have the Floor and some quiet.

PRESIDING OFFICER : (SENATOR DONAHUE) I agree .

I know everyone -- I know there 's a lot of people who a re qoing to vote for this bill, but I believe I have the right to speak what I -- my comments .

PRESIDING OFFICER: (SENATOR DONAHUE) I totally agree with Senator Shadid . Continue .

Thank you. Other utilities, including.those with rates higher than CILCO and headquartered outstde the State of Illinois: have received special consideration in this bill. They have, in one way or another, been exempted from the full impact of this rate decrease . Yet, CILCO , headquartered in Peoria , Illinois : is being eold it can 't have special consideration . This doesn 't make sense to me . Beyond the impact on CILCO , this continues to be a bad bill for consumers . The Peoria Journal Star said on its editorial page today: and 1,11 repeat: This bill is as bad as the old one. The legislation's pitchmen appear to have taken their cue from the cut-rate roofing salesman who neglected to mention that his half-price shingles will leak in five years and ruin your livinq room . The leaks in the ''new'' new version of this legislation remain little changed from those in the ''old'' old one, which the Senate saved us from in the spring . We have a choice to make here today . At a minimum , we should not punish the lowest cost utility in this State from financial ha rm , and we should exempt CILCO from an automatic rate decrease and sharing its earnings, just as other utilities have received . And until that is done , I urge you to 48  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 vote No on this legislation . This is the only utility that stopped us from passing Senate Bill 55 last spring . We need to stand up for them . Thank you very much .

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Watson .

Yes . Thank you , Madam President . And it pains me to ask the sponsor a question, to see him have to -- to rise to respond , and that 's -- I app reciate what he has done, obviously , and other Members of the comm ittee , but especially Bill, in light of -- of his physical circumstances , to continue to negotiate on this legislation as he has . And I would like to question the sponsor .

PRESIDING OFFICER: (SENATOR DONAHUE) Hq indicates he dll yield , Senator Watson .

As you know , Senator, in the last couple days one of the electric cooperatives in this State , Southwestern Electric , which is predom inately in my district , has taken exception originally to the legislation , has brought forth some concepts of concern about reciprocity and the ability g p rimarily , of Soyland and -- to come in and create competition when , in fact, their member-investors are not creating the same competition . I -- I know that it 's not a part of this legislation . I know that it was given some consideration . But I know -- and our conversation w ith -- together, you have indicated that you will work with us next spring to try to resolve this issue. I know the Electric Cooperative Association has also given us that assurance , but this is one that I would like to -- to see move forward, if at a1l possible, next spring, and I would just like to have you acknowledge that.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar . 49  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Leqislative Day October 30, 1997

Yeah . Thank you, Madam President. Yes, *e had talked, Senator Watsonp and of coursee Earl Struck from the Association of Co-ops -- we dve -- we dve all talked and said that we should be able to come to a conclusion on this in the sprinq . It 's unfortunate that we didn 't have the time to do it now , but at some point, you got to print the bill . But, yeah -- yes , Senator Watson, I'm looking forward to working with you on that .

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Shaw .

Thank you . Thank you , Madam President. Will the sponsor yield, please?

PRESIDING OFFICER: (SENATOR DONAHUE) He indicates he 'll yieldr Senator Shaw.

Senator Mahar, I just wanted to ask a couple of questions. On the when is the heiqhth of the use of electricity in this State?

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Mahar.

Wellr I 'm not sure I 'm an expert on that , Senato r Shaw , but I would guess the peak months would be in the summer.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw .

Summer. You mean July? August? June? Is it June , July and August?

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Mahar .

50  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 Yeah .

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Shaw .

My -- I guess what I'm looking at here is the -- the effective date of the bill is January 1, I believe -- well: it 's an immediate effective date. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

No . I think it was January 1st, not an inmediate effective date. But the effective date kas January 1st, I think, al1 along.

PRESIDING OFFICER: (SENATOR DONAHUE) Senato r Shaw .

Now , what we have done -- that 's the effective date of the bill itself. Nok we have moved the residential portion of th is -- welve moved the residential portion of this effective August 1. Is that correct?

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Mahar .

Right . The residential -- it 's August lst ...

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw .

August 1st. Why did we Want to move this in the heighth of the use of eleceric power , when even khough we are telling people we 're going to give them a fifteen-percent reduction in their bill, will those people be able to tell whether they received that fifteen-percent reduction in their bill , knowing that We use mo re electric power during the summer months? 51  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Leg islative Day October 30, 1997

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

Well , Senator Shaw , I Would say this : This is one of those elements of probably thousands of elements that was negotiated over the bill. Grantedy by moving the date from January lst to August 1st, it does not avail the residential consumer the immediate opportunity to enjoy rate cuts. Nowe what was traded for that -- and I think your analysis suggests there 's a hundred or a hundred and eleven million dollars that they would have enjoyed in rate cuts should it start January 1st. I'm I'm willing -- I accept that number. I 'm -- I don 't -- wouldn 't know any different if -- if that Was not the case . I -- I believe that to be the case . But what we have on the other side : what we have extracted for the residential consumer over what was p rev iously negotiated in Senate Bill 55, just in your service territory, Commonwealth Edisonr and we dve heard a number of different calculations, but I believe it 's about eight hundred million dollars more than what came out of Senate Bill 55. So , ehere œe have -- where we have lenqthened the access period to the discounts , We 've more than made up by overall residential decreases.

PRESIDING OFFICER: (SENATOR DONAHUE) Sena tor Shaw .

The -- the -- I believe that CUB acquiesced and agreed With the hundred and ten or eleven million dollars that our analysis said that we are losing between January l and August 1st. I believe that was the case in committee . Is that your underskanding? Were you there? Well, you were sitting right there beside 'em . PRESIDING OFFICERJ (SENATOR DONAHUE) 52  STATE OF ILLINOIS 90TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 Senator Mahar.

Yeah : I I think that number 's correct. I have no no reason to doubt a hundred and eleven , a hundred and ten million dollarsz whatever that may be -- may be .

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Shaw .

My -- my question is : Why would we want to move this in the heighth of the -- in -- I guess you have answered the question somewhat. Why would we move this in the heighth of the summer heat and then tell people that they dre going to get a reduction in rate, and you 're telling them that this is the greatest bill since sliced bread , when they -- when they , in façt , w ill not see that on their bill? I I think that 's sort of misleading , isn ît it - - isn 't it, Senator Mahar?

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Mahar .

That ls -- Ehank you , Senator Shaw . You make a good point. There 's no -- you know , you lve highlighted one specific entity of the -- of the bill where there could have been imp rovement, but we made a trade-off from there . It 's not like we lost a hund red and eleven million that was recaptured no place else in the bill . If - - if you want to look at one component, Which you 're doing, can give you a component to look at and that is the reduction of the transition period by two years . In your service territory , CommonWealth Edison 's service territory , the reduction of that two years is 2.2 billion dollars - billion with a b . Now that 's to a1l rate classes. And I can show you others. But granted , We did give up that window in the front, but it was more than made up for throughout the bill. As Marty Cohen has said , today in committee, 53  STATE OF ILLINOIS 90TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 now that you mentioned his name, the representative from the C itizens Utility Board, there 's over five billion dollars in rate relief for the residential consumer in this b1ll, from the startinq point to 2006. Five billion . Since when has this General A ssembly pu* five billion dollars back into the poekets of the people of the State of Illinois? What bill did I miss that We did that?

PRESIDING OFFICER: (SENATOR DONAHUE) Senaeor Shaw .

Thank you very much, Senator Mahar. And certainly, appreeiate the work that everybody did on the bill , but -- you yourself and the -- Senator Farley here on our side of the aisle , and all of the people that worked on this bill . But this is one section of the billr certainly it leaves somethinq to be desired, and didn't want to go out there and mislead the public that they 're going to reap this windfall profit this year -- a reduction this year , because they really won 't know what the reduction is. I think they 've -- wedve worked for the past year on this legislation . I think it 's -- it 's -- it 's not the best , but certainly it's the only piece that's before us, and I would urge an Aye vote on it, and hopefully , next year, you lll come back and try and remedy some of the problems that's wrong with this legislation . PRESIDING OFFICER: (SENATOR DONASDE) Further discussion? Senator Welch . SENATOR WCLCH : Thank you . I 'd like to ask a question of the sponsor . PRESIDING OFFICER : (SENATOR DONAHUE) Indicates he dll yield r Senator Welch . SENATOR WELCH : Senator Mahar, there 's been a lot of talk about this trailer 54  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 bill. In particular, I 've talked to two different groups who said there was an indication that they may be included in the trailer bill r to clean up some of the effects of th is particula r legislation. In particularr school districts in those counties and in those particular areas where the nuclea r power plants are located, they are saying that there is supposed to be a trailer bill this coming sp ring to hold them harm less, at least up until January l of 999, for the effects of the accelerated depreciation that's being allowed in this bill. And secondly, the group that said that they 're -- they are anticipating being included in ehe trailer bill are those who are looking for conservation efforts in the bill, in particular a use of -- of wind powerz solar powere use of alternative energy , encouragement of energy-efficiency <ppliances. Can you promise us Aere on the Floor that next sprinq you w ill lead the charge to try to bring about a trailer bill that will address these two concerns and maybe some others, such as those raised by Senator Geo-Karis.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar .

Thank you , Senator Welch . Veah . We have met with those people . There 's no question that, because of the lateness r we were not able to come to a eonclusion that would result us -- result us moving -- or, having that in this bill. But you 're right; there -- on the environmental componentz I've had enough people on both sides of this aisle come to me and say tha t -- that this is a good starting point . The whole bill 's a good starting point , but there are khings for imp rovement. The environmental package is one . And -- and I -- I Will do that. 1 911 do everything I can. I Will -- more than happy to sign on with you as a cosponsor to -- ko further improve tha t element . And that dll be negotiated , so I don 't know if me and you can come to a 55  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 conclusion here today, what that would be, but -- but we lre looking forward to The assessment -- or, the depreeiation, I lm not sure if that would be my seatmate , Senator Peterson 's venue or not, but we have agreed with those locals of unit of government thate in fact: that needs to be addressed . We 're sympathetic to their cause. They came to me, and -- and maybe that's my fault, but they I came -- my first knowledge of that is when we were conductin: our meetings in in my community a week ago today, and we just didn't have time to resolve that issue in seven days . It 's a very complicated issue , but We dre very sensitive to that -- to their plighe.

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion: Senator Welch?

So what what you 're sayinq then, Senator, is that there will be a trailer bill, either sponsored by you or Senator Peterson: to address at least those tWo concerns th is sp ring?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

Yes.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Oh . Senator Welch .

I had another question. On the -- on the question of the -- the stranded costs, was there a final figure reached that Edison is trying to achieve that will cover their total stranded costs? know , at one pointy we talked about ten billion dollars. Is that what they are shooting for with the charges they are going eo impose for transition fees and current consumers?

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Mahar. 56  STATE OP ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997

Thank you , Madam President. Yes, Senator Welch, that 's a -- that's an excellent question. You know, we have been struggling with percentages and dollar amounts for a long time hereg and we came to the conclusion - and this is in large pa rt with what other states have done - we came t; the conclusion that this is something that we need to monitor, and we are not goin: to -- we have not asked Commonwea1th Edison or any investor-owned utilities what mark they would like to shoot at , as far as recovering their cost. I think the onus ts on usr the elected representatives of the people of the State of Illinois, and that 's why we have kmplemented that component that will provide u: the information on an annual basis at the beginning of each Session of the General Assembly, Whereby We are going to be able to evaluate what theydre doing, what revenues they're making, how they dre mitigating, look at their operations, have they sold a coal plant , are they benefiting -- do they have a subsidiary that 's -- that 's a qiant cash cow for them , is there holding company making a tremendous amount of money, and then we 're going to be able to make the adjustments on all of those components in the bill, Which will affect the longevity of the transition period, from shortening the transition period up - we can do that; we can increase the m itigation factor for any and all rate classes . If things are goinq extremely well and the markets for residential are developing earlier than anticipated, we can bring their access points up . What we have here is a framework to move forward . Are there final conclusions? It 's tough to make final conclusions about a marketplace that doesn 't exist koday . So , the buck stops here with us on that. The buck stops with the Illinois General Assembly, and if we allow the investor-owned utilities in this State, in particular Com Ed and Illinois Power, to cover a hund red percent of their cost, then -- then we will be the ones to pay. 57  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Welch .

I -- I had one other area that I Want to ask a question on that I hadn't heard raised. And in -- in the analysis it says that this bill creates the Electricity Excise Tax Law . elim inates the current tax on the gross receipts of public utilities and creates a tax on the use of electricity. How does this differ from the current situation , where that tax is passed on to the -- the consumerr but we have been able to cap that several years ago? Could you explain how this is a change?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mahar.

Thank you , Madam President. I would defer to Senator Rauschenberger.

PRESIDING OFFICER: (SENATOR DONASUE) Senator Rauschenberger. SENATOR RAUSCHENBERGER : Thank you, Madam President. 1'11 try to answer that question. I'm certainly no utility tax expert. But the current tax structure that we apply to residential is an ad valorem tax . It 's a it 's a tax that 's based on a percentage of the charges that a utility customer would pay to his utility . The tax is -- is ' actually assessed aga inst the utility and then is collected by the utility and passed on to the State treasury . Because we dre entering a period , we hope , of -- of lively competition in the eleceric markee, where welll have both intrastate and out-of-state sellers of electricity, we need to chanqe that tax base so that We collect it app ropriately . So We dve moved the -- the base of taxation from the utility to the consumer. Now , there 's no net change in a consumer 's bill . We dve moved from a basis of 58  STATE OP ILLINOIS 90TH GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30g 1997 percentage of bill to a kilowatt . base , because the p rices charged by utilities will vary in the future and there'll also be component charges . So , the effort was made to make sure that there was tax neutrality, that customers paid just about or pretty much the same amount of tax they did , but by changing the base , you inadvertentlyz naturallyy will have some slight d istortions in the tax liability of individual taxpayers.

PRESIDING OFFICER : (SENATOR DONAHUE) Can you keep your voices down? There's just sort of a slow rumble qoing on rlght now . So... Can't hear each other. Senator Welch .

Just a follow-up question on that. Senator Rauschenberger, then what Will be the net effect on revenue to the State of Illinois from the changeover in this tax? Will we receive more revenue, or will we receive less, and if so, how much?

PRESIDING OFPICER : (SENATOR DONAHUE) Senator Rauschenberger.

Thank you for that question. 1'11 do -- again , do my best to answer it. The -- the effort was made, in setting the per-kilowatt charge , to achieve tax neutrality for the State of Illinois . But necessarily , since the basis is changing from the price charged by the utility to the amount of kilowatts consumedy it's Hobson's choice of whether, in the long run, you 'll see an increase or a decrease in Skate revenues . Many would argue that as the price of electricity declines, you 'll see usage increase. That was certainly the experienee we saw in telecommunications . So you m ight argue that revenues in the State of Illinois , because we've moved to a kilowatt basis, will increase. If, however, conservation efforts and -- and other things cause a decline , you would see a slight decline in State revenues. But a great deal of 59  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 effort was made to -- to assume constant sales and achieve revenue-neutrality .

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator de1 Valle . SENATOR dEL VALLE : Thank you , Madam President. A number of the Members have said that this bill is not perfect , but I quess the folks on Wall Street disagree, because if you 've read the business sections of the papers today , they indicate that the stock has leaped . In return for this ag reement , according to the paper, that we 're voting on today, Com Ed gets a guarantee that it will recoup a substantial amount of its investments in nuclear power. A nd as we a1l know , Com Ed is the nation 's largest nuclear utility , thanks to the generosity , over the years , of the State of Illinois and the residential ratepayers . But here We have a bill that, while improved over Senate Bill 55, still pretty much takes care of Com Ed . Con Ed certainly wins again . Don 't believe all that stuff about they being unhappy with this most recent açreement . They 've - - they 're sm iling . Deep inside, they lre smiling . They 're happy that, finally , we 've been put in a position in this Leg islative Body where we really can 't do much more than to move this along , because , of course, it 's been sold as a rate decrease . But when people begin to understand, years from now , that because of the transition fees and because of other matters , that the savings will not be all that much , and that, years from now , we Will still be looking at our area as the area that's paying some of the highest - probably , the highest - electric rates in the M idwest. We will continue to carry that banner. We know that this bill is an imp rovement. It 's amazing how z when we left here , Senate Bill 55 was it. Com Ed said, ''There's just no room; We can't move anymo re ; we 've given as much as we can qive .'' But today , we 're going to vote on a bill that gives the ratepayers another three 60  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! I . 65th Legislative Day October 30, 1997 hundred and ninety-five millkon dollars. And that's good. And that's why I'm going to vote for it. I'm not happy, but I'm going to vote for it . But if we could find th ree hundred and nineey-five million, why couldn 't we have dealt with the environmental issues? Why couldn't we have -- if we 're going to continue to pay the highest rates in the M idwest for many : many years to come in order to take care of the costs -- the stranded costs that are , in part , as a result of Com Ed 's m ismanagement and overbuilding of nuclear plants, which we, of course, allowed with the help of the ICC, why not then put dollars into the Energy Efficiency Investment Fund? Why not increase the size of the Renewable Energy Resources Fund , so that we can help the ratepayers down the road conserve and help them reduce the costs of their electricity in this State? This is certainly going to move forward . I would hope that we could still put this into conference committee and make the adjustments, because I think it would be very sad, Senator Geo-Karis, and others who have spoken to the issue of the possible loss of revenue -- local revenue , I think it would be sad if , years down the road , we dre telling our school districts and our units of local government that they 're taking a big hit , a big loss, but that the kransition fee that was put into place has protected -- protected the shareholders of Commonwealth Edison, but we didn 't protect folks locally. I think that would be wrong. Therefore, I would hope that we would be able to take action during the fall Veto Session, if not early next yearz to do what needs to be done in order to make this bill a lot better. We were able to come this far in just a couple of months, because just a few months ago, most of us -- most of us had not even read this bill. We didn 't know what was in this . We had to rely on the newspaper accounts and we had to rely on the reports that were issued by the ICC afterwards . I seldom agree with the ICC , but this time I agreed that there were problem s w ith 61  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 this. And compliment the Senate for having stood up and, at least, slowed this down to the point where we are now giving the ratepayers another three hundred and ninety million dollars that just a couple months ago didn't exist, it couldn't be done. If we did this much, I think we could do just a little better, because once this is locked into place, welve got to live with for many , many years to come .

PRESIDING OFFICER : (SENATOR DONAHUE) Further discussion? Senator Rauschenberger.

Thank you ' Madam Presidentp Ladies and Gentlemen of the Senate. I just want Eo make a couple quick observations. For more than four weeks, out tn Orland Parkp forty people gathered under very difficult circumstances , not the least of which was Bill Mahar who came many times, dragged along by a staffer, almost in a wheelchair, with a broken wrist and a knee -- kneecap that had been shattered , as well as through four nights and -- and four difficulk days here in Springfield. People have worked very hard on this bill. I just think it -- it bears mentioning that the process, in many ways , does work exceptionally well. We had lively debate from all sides. We had good participation. Some of the brightest minds that I've ever had the privilege of working with worked on this bill. It's certainly not a perfect bill. don't know if there is any such thin: as a perfect bill, but I think this is a perfectly good start. I'd just like to close by saying and mentioning that some exceptionally good work was done by ICC staff attorneys and the ICC staff, lead by Charlie -- Fisher, in helping us draft this bill. Michelle McGuinness from Senate Democratic staff was there every single m inute . And of course , Jo Ellen Johnson from Senate Republican staff moved mountains to get this bill out, so that we could get a look at it and get it moved this week . I would encourage you to vote Aye . 62  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 It 's a good start . We need to go back and there 's some things we need to do , but this is the way we start big -- biq things in Illinois . PRESIDING OFFICER) (SENATOR DONAHUE) Further discussion? Senator Garcia .

Thank you , Madam President . I won 't be redundant in pointin: out some of the deficiencies that are in this bill. However -- and with al1 due respect to my colleagues here, I don't want to belabor many of those points . There is one additional comment that I would like for the record to reflect: khat Commonwealth Edison has an opportunity, as they begin their new life, their new existence as the most important provider of energy in the State of Illinois, to begin addressing a complaint which has been filed against them by minority employees within that corporation in Illinois. And I hope that as the reporting of that incident takes place in the coming days, that they will recoqnize that they need to be a better citizen, a corporate citizen: of the State of Illinois, and that they will treat their minority employees With greater respect, and hopefullyr can enter into a dialogue and a resolution of the pendin: federal case against them that employees have had to take because of problems they eneounter at that company . Thank you .

PRESIDING OFFICER: (SENATOR DONAHUE) Purther discussion? Senator Jacobs.

Thank you, Madam President , Ladies and Gentlemen of the Senate . There has been a 1ot said on this issue . Senator Mahar is right: this probably is one of, if not, the most public issue -- public-policy issue that has come before this Body in many , many years. That 's why I have a little concern about what ke 're doing here today . This morning we get a bill that 's two hundred 63  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Leqislative Day October 30, 1997 and sixty-one pages , an amendment. And we say it 's ninety-eight percent the same that was in the other bill. I think we 've a11 been around long enouqh to know that , yeah , we lre qoing to take your word, but there's always little glitches that crop up. We all know that . And that 's going to happen . Senator Geo-Karis , I hope that we lre able to take ca re of the problems w ith the local governments; otherwise, someone else is going to have to explain to Byron School District why they lre losing seven m illion three hundred and thirty-six thousand dollars. And in your Zion Elementaryz someone ês going to have to explain hoW they lost 3.8 million dollars. And the amendment that Would have taken care of that was very simple , but we say we don 't have time for that . You know what the amendment really did? jusk said the assessor can 't do anything until January 1 of 1999 . Boy , isn 'k that a biggie? Not acceptable . Why did we change from January 1 to August 1st? Come on. Come on . We lre not that naive , are we? Think about it . Think about it. When 's election? When 's election? November? Next yea r, November? What 's the hottest month of the year? August . Where are you going to see your greatest dollar reduction? August. Isn êt that nice? Isn 't that nice? Really is . And this is being presented as a great consumer 's bill - a great consumer's bill . Senato r Garcia -- I mean, Senator del Valle has already indicated : If this is such a qood consumer bill, why is their stock going so crazy , even , even during the tremendous downturn that we had a couple of days ago? Why the hurry? We talk about a twenty-percent rate reduction . Not al1 people in this State are going to :et a twenty-percent rate reduction. And really, if you look at this politically and you look at from the other angle , Whenever the media , all of the utilities, everyone else had been selling this, now -- it used to be a fifteen-percent increase, but now it 's being sold as a twenty-percent reduction in your rate. You know what your 64  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 citizens are goinq to be lobking at you, in August or in September, when they get their bill, and saying? Theylre going to be -- sit there, saying, ''Wherels my twenty percent?'' ''You told me, each and every one of youn -- 'cause this billls going to f1y out of here. My -- my comments are probably an exercise in futility, but I'm not afraid to do that. But this bill is going to fly out. But they are going to ask you , in September and in October: l'How come did you lie to me?'' ''You told me I Was going to get a twenty-percent reduckion in my bill.'' We lve already heard -- and CILCO, all theylre going to get 's five percent, immediately. And you know what? And you know what, folks? If they stay at that statewide averaqe or below , that 's all those citizens will ever see until we get into true deregulation. My a rea is the same Way - part of it . I have CommonWealth Edison in part, I have some others in part, and I have my own local ukility that also will only get five percent. And IIm not qoing to expla in to my people whenever they come on -- on September 1, and say , ''ïou told me I was going to get twenty pereent .l' I 'm not goinq to explain it to them; I'm qoing to say, HI voted against this thingo'' And I plan on doing that. Let -- let me tell you a couple problems I also see with this, and then 1'11 -- 1'11 try to keep iE as short as I can . There was a commene made by one of the - - the -- the people today in reqards to testifying on a bill that he indicated he had not seen. He asked one simple question, which I thought really told us have we really done as much work on this as we th ink we have . I mean, we dve been great at pattin: ourselves on the back here on that stuff . But his question was: Has anyone asked for, and has anyone received , one financial statement from any of the utilities? The answer ise obviously, no . So how do we know what the -- the accelerated depreciation is? How do we know What the stranded costs are? You know what we really don 't -- we really know about this bill? We really know 65  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 very , very likkle, when you gek down to khe nieey-gritty facts. And I'm going to tell you something: Those of us who vote No on this bill - and it's going to fly out of here, and also it's going straiqht over to the House afterwards; it's going to f1y right out of here , yet today r in the House - but those of us who vote No on this bill will be vindicated in the future, because this bill is a re-reregulation bill , not a deregulation bill . And obligatory , I ask for a No vote, but understand this thing will fly out of here.

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

Thank you very much , Madam President: Members of the Senate . It has been said this afternoon that this bill is not a perfect bill. And I Would suggest to the Members of this Chamber, and those listening to this debate, that itds only not a perfect bill as we each one , individually , look at this as a parochial issue , because, you see, the very meaning of negotiation is bringing people together. I 've been in this place nearly twenty years and there has never been an issue - n#ver been an issue - come before this Body that encompassed a broader realm of points of view on an issue. This debate has been going on for two and a half years. I truly wish every eiqhth-grade student in this State could have been here and watched some of this debate. This is the beauty of the process under which we live: We come together for the common good. So I would sugqest to you, instead of sayin: this is not a perfect bille this is a perfect bill, because we, as fifty-nine Senators, representinq eleven and a half million people in this State, are a microcosm of our district, and that's why we are elected : to make tough decisions, and to become a part of spirited debate, and to form public policy. Thatls what this issue is al1 about , to allow Illinois to move forward in a positive way . It has been suggested that Illinois should get into comp lete 66  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 deregulation sooner. No one would like that any more than would , but please don 't compare us with other states, because our problem s and difficulties are different. They simply are . We may have made some bad public-policy decisions, or some questionable public-policy decision, years ago, and we lre trying to move out of that. And that's what this bill does. It is bringinq fifty-nine Members of the Senate together for the common good of the people of this State. There are some things that haven 't been mentioned in the bill this afternoon that I want to mention to you , only one of them . And that 's the issue that we have been dealing with for, oh , so many years, and that 's to find a way to fund -- or , the revenue stream for the people who are low-income that have energy needs just as great as ours. We finally, in this bills have found a revenue stream to make certain that that program will be funded on an annual basis, and that is important to every one of our districts. It's not a Chicago issue. It's not a suburb issue. It is not a downstate issue. It affects everyone of us. And this bill solves that problem , and that 's important to us all. And very seldom use people's name in debate; on this issue I will, because one person has risen high on this issue fo r many years and helped bring this to this common ground we face today , and that 's Bobbi Bennett, and some of you know her. She 's worked hard on this , and I 'm delighted that we dve been able to resolve that and I hope the House will agree with us , because they lve already mentioned that and dealt with that once. This is a good bill. This moves us well ahead of the rest of the nation. I 'm proud to stand here in support of an effort of a work effort that 's been put forth by a lot of people and accomplished a very good bill . Senator Mahar, for the purpose of legislative intent, I would like to ask you, sir, just -- just one question for the record. understand that the new Section 7-l0l(2)(ii) is intended to be confirmatory of existin: law regarding Comm ission access to 67  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30 , 1997 affiliate books and records. Is that correct , sir?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maha r.

That is correct.

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Maitland .

Thank you very much , Senator Mahar. I stand strongly in support of House Bill 362.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there further discussion? Is there further discussion? Senator Mahar, to close .

Thank you , Madam President. It has been a long and a rduous journey to reach this point. And 1111 tell you, when we have public policy -- when we formulate public policy in the Ceneral Assembly, especially of this magnitude, it is not unusual for -- at time to time, to have disagreements, and more often than that, partisan disagreements. You know, that has never been the case with this bill in three years, thls whole proposal. Representative Granberg and Representative Novak are in the Chamber today. Senator Farley. The Members on my side, Senator Maitland , Senator Rauschenberger. Rep resentative Persico is in the Chamber here today. And you know we had some heated d iscussions, but it never -- if somebody from the outside came in and looked at us while we were having those , they couldn 't tell who was a Democrat or Republican . And for that, I 'm extremely proud of this process and those individuals. Jo Johnson and M ichelle McGuinnessw I tell you , if any of you ever knew how many hours they put in to puttin: this thing together, you 'd probably be shocked . They eertainly deserve more money than they dre 68  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30, 1997 getting from us. And they lll probably get it - but not from us. Madam President, just a couple of observations, in closing. I don't know, but I don't think there is any public policy that we have enacted in this State in many generations that 's going to affect every household , every household in this State - arguably every household - as well as the people of this State and their -- their their places of employment, more positively than this legislation . We are goin: to save billions . We are good at taking money out of people 's pockets , but seldom can sonebody rise on the Floor and suggest to you that We are going to save billions over a specific course of time, and we w ill for them . And you know what? They 're goin: to appreciate it. And it 's not -- and this is an -- an opportunity for us to change an industry that has been in place for a hundred years , a monopoly that has been in effect for a hundred years in this State, and what that monopoly 's going to be broken and we dre going to go to a free ma rket. We 're going to transition into a free ma rket. There 's a 1ot that 's changed since the.spring, since Senate Bill 55, and thanks to Senate President Philip, we did hold up the process in this Chamber, and this bill -- for this bill, we are a heck of a 1ot better off for We have reshaped the bill to the advantage of the consumers. We have taken it out of the pockets . And disagree with the Members who -- who don 't think that way , but we have taken , extracted a large amount of money out of the pockets of the generators in Illinois, and yeah, they are suffering. Last sp ring , there was a legion of lobbyists for generators running around here with glee , looking for the passage of Senate Bill 55. Well , you know what? We ain 't seen much of them this yea r. We also have included oversight - oversisht ; verification; most importantly , the ability for us to make corrections as it is merited in the years to come . So, yeah , this is truly historic . And 1.11 *ell you, from this day forward, or from the day that the 69  STATE OF ILLINO IS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 House passes it and it's signed by the Governorg something 's going to be new in this State, and that is that the ratepayer will no longer guarantee the shareholder a profit . Qnly good manaqement will do Ehat. The investor-owned utilities in this State, I think, are going to prosper. hope they do . I want them to be the leaders in the Midwest. IIm not anti-generator. I want them to succeed. They pay Illinois taxes; they pay Illinoisans. I hope they do the best. But you know what? In this bill , we don 't guarantee their success. And finally , the small consumers who have been paying the highest rates forever - by God , relief is on the way . And w ith that, Madam President r I will close by reading for legislative intent one paragraph : In a regulated market, the property assessment of electric-generating stations has, under -- under the caselawe traditionally been established based upon historic or original cost less depreciation as determined by the Illinois Commerce Commission. This bill allows public utilities to accelerate their dep reciation without approval of the Illinois Commerce Commission . Concern has been raised about the impact which accelerated depreciation may have on the property tax base for those local taxing districts with nuclear power stations w ithin their boundaries . A lthough this issue has no t been addressed in this bill , we do intend to address it in the spring Session . We do not intend for this b ill to have any impact upon the property assessment of the nuclear power stations . Thank you , Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is# shall House Bill 362 pass. Those in favor, will vote Aye. Opposed, Nay. And the voting is open. Have a1l voted who w ish? Have al1 voted who wish? Have all voted who wish? Take the record . On that question , there a re 57 Ayes , 2 Nays, none voting Present . House Bill 362 , having received the required constitutional majority, is declared passed. Committee 70  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Legislative Day October 30, 1997 Reports.

Senator Weaver, Chair of the Comm ittee on Rules , reports the following Legislative Measure has been assigned : Referred to the Committee on Revenue - House Bill 2333 .

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Parker, for what purpose do you rise?

Thank you , Madam President. For a point of personal privilege. I'm very proud and pleased to have in the galleries - the visitor galleries, the Christian Heritage Academy School from Northfield, from my district. Can we please al1 welcome them?

PRESIDING OFFICER: (SENATOR DONAHUE) W ill you please rise and be recognized? Welcome to Springfield. .ppcould have your attention for just a minute. I believe that we have , for all practical purposes , concluded all substantive action for now . We will remain open so we can receive paper from the House. So we are concluded. We will return on November 12th, Wednesday, at noon. Senator Klemm, for wh#t purpose do you rise?

Just an announcement . On the special Senate Subcommittee on Constitutional Amendments, that meeting is going to be cancelled at the request of the sponsor, Senator Carroll, and We will re-post that for November, when we're down here. And I want a1l the Members of that committee to know thak.

PRESIDING OFFICER : (SENATOR DONAHUE) Senator Klenm , for what purpose do you rise?

For purpose of a belated announcement. I think the Senate Executive Committee m ight have been posted on the Calendar to meet after Session. That also is cancelled and I've already informed  STATE OF ILLINOIS 90TH GENERAL A SSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day October 30, 1997 the Members of the Executive Committee . But in case any of them didn 't hear that, we will no longer meet today at all . (SENATE STANDS IN RECESS) (SENATE RECONVENES)

. . . Will come to order in perfuncto ry Session . On the O rder of Messages from the House is a Message by M r. Rossi, Clerk . Mr. President am directed to inform the Senate that the House of Representatives has accepted the Governo r's specific recommendations for change , which are attached , to a b ill of the following title r in the adoption of which I am instructed to ask the concurrence of the Senate , to wit: House Bill 345 . We have like Messages on House Bills 382 , 581 , 752, 767, 1051 , 1118: 2030 , 2161 and 2179 . Another Message from the House by Mr . Rossi, Clerk . M r. President - I am directed ko inform the Senate that the House of Representatives has passed a bill of the following title , the veto of the Governor notwithstandinq , in the passage of which I am instructed to ask the concurrence of the Senaee, to W it: House Bill 27. We have ltke Messages on House Bills 154, 221, 282, 381, 496, 522, 968, 1105, 12l0 r 1347 and 1840. On the Order of Motions, the following Members have filed motions with respect to the following bills: House Bill 522, by Senator Sieben; House Bill 1347 , by Senator Donahue ; House Bill 1 72 j I  STATE OF ILLINOIS 90TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCR IPT 65th Leqislative Day October 30, 1997 345, Senator Radogno ; and House Bill 382, by Senator Lauzen . By order of the Chair, these motions will be printed on the daily Calendar. On the O rder of Resolutions is Senate Resolution 125 and Senate Resolution 126, b0th offered by Senator Severns and a11 Members . They 're death resolutions and w ill be automatically referred to the Consent Calendar. On the Order of Introduction of Bills is Senate Bill 1213, by Senator Dillard . (Secretary reads title of bill) lst Reading of the bill . Being no further business to come before the Senate , pursuant to the adjournment resolutionr the Senate will stand adjourned until noon, November 12th . 73 REPQRT: TIFLDAY STATE OF ILLINOIS 98/07/02 PAGE: 001 90TH GENERAL ASSEHBLY 10:31:39 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX OCTOBER 30, 1997 HB-0345 HOTION FILED H8-0362 RECALLED H8-0362 THIRD READING H8-0382 HOTION FILED H8-0522 MOTION FILED HB-13M7 HOTION FILED H8-2333 FIRST REâDING SB-0035 7ET0 âCTION SB-0035 MOTION FILED SB-0194 VETO ACTION SB-019R OTHER 58-0278 7ET0 ACTION SB-0R73 7ET0 ACTION 58-0548 7ET0 ACTION SB-1195 SECOND READING SB-1211 FIRST REâDING SB-1212 FIRST READING SB-1213 FIRST READING SR-0112 ADOPTED SR-0124 ADOPTED SR-0125 RESOLUTION OFFERED SR-0126 RESOLUTION OFFERED HJR-0038 ADOPTED HJR-0038 RESOLPTION OFFERED SJR-0015 FIRST READING SDBJECT MATTER SENATE T0 ORDER - PRESIDENT PHILIP PAGE PRAYER - REVEREND LUNDEEN PAGE PLEDGE OF ALLEGIANCE PAGE JOURNALS - POSTPOHED PAGE COHMITTEE REPORTS PAGE MESSAGE FOR GOVERNOR PAGE MESSAGE FROH THE HOUSE PAGE COMHITTEE REPORTS PAGE SENATE STâNDS IN RECESS/SENATE RECONVENES PAGE MESSâGES FROH THE HODSE PAGE COMHITTEE REPORTS PAGE RESOLUTIONS CONSENT CALENDAR PAGE COMHITTEE REPORT PAGE EXECUTIVE SESSION - CONSIDER APPOINTMENTS PAGE ARISE FROM EXECUTIVE SESSION PAGE COMHITTEE REPORT PAGE SENATE STAND IN RECESS/SENATE RECONVEXES PAGE HESSAGES FROH THE HOPSE PAGE ADJOURNMENT PAGE