8lst general assembly regular session

91
8lST GENERAL ASSEMBLY REGULAR SESSION MAY 7, 1980 1. 4. 5. 6. 8. 9. l0. 1l. l2. l4. l5. l6. l7. l8. l9. 20. 2l. 23. 25. 26. 27. 28. 29. 30. 31. 32. PRESIDENT: The hour of nine having arrived the Senate will please come to order. Will our guests in the gallery please rise. Our prayer this morning by the Reverend Rudolph Shoultz, Union Baptistchurch, Springfield, Illinois. Reverend. REVEREND RUDOLPH SHOULTZ: Prayer given by Reverend Shoultz PRESIDENT: Thank you, Reverend. Reading of the Journal. Senator Johns. SENATOR JOHNS: Thank you, Mr. President. move that reading and approval of the Journals of Thursday, May the 1st, and Tuesday, May the 6th, in the year 1980 be postponed pending arrival of the printed Journal. PRESIDENT: Youdve heard the motion as put by Senator Johns. Is there any discussion? If not a1l in favor signify by saying Aye. A11 opposed. The Ayes have it. So ordered. Messages from the House. SECRETARY: A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate the House of Representatives has passed bills' with the following titles in the passage of which I am instructed to ask concurrence of the Senate, to-wit: House Bills 426, 966, 1528, 2227, 2342, 2990, 3D70, 3074, 3435, and 3485. PRESIDENT: Resolutions. SECRETARY: Senate Resolution 479, offered by Senators Savickas, Rock, Daley, Lemke, and Carroll, itls congratulatory. PRESIDENT: Consent Calendar. A11 right, with leave of the Body we'll move to page fourteen on the Calendar, on the Order of House Bills

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The hour of nine having arrived the Senate will please
come to order. Will our guests in the gallery please rise.
Our prayer this morning by the Reverend Rudolph Shoultz, Union
Baptistchurch, Springfield, Illinois. Reverend.
PRESIDENT:
SENATOR JOHNS:
Thank you, Mr. President. move that reading and approval
of the Journals of Thursday, May the 1st, and Tuesday, May the
6th, in the year 1980 be postponed pending arrival of the printed
Journal.
PRESIDENT:
Youdve heard the motion as put by Senator Johns. Is there
any discussion? If not a1l in favor signify by saying Aye. A11
opposed. The Ayes have it. So ordered. Messages from the House.
SECRETARY:
Mr. President - I am directed to inform the Senate the
House of Representatives has passed bills' with the following titles
in the passage of which I am instructed to ask concurrence of the
Senate, to-wit: House Bills 426, 966, 1528, 2227, 2342, 2990,
3D70, 3074, 3435, and 3485.
PRESIDENT:
Resolutions.
SECRETARY:
Daley, Lemke, and Carroll, itls congratulatory.
PRESIDENT:
Consent Calendar. A11 right, with leave of the Body we'll
move to page fourteen on the Calendar, on the Order of House Bills
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( Secretary reads title of bill
1st reading of the bill.
House Bill 2905, Senator Davidson is the Senate sponsor.
( Secretary reads title of bill )
lst reading of the bill.
House Bill 2096, by the same sponsor.
Secretary reads title of bill
lst reading of the bill.
House Bill 3109, Senators Vadalabene and Mitchler are the
Senate sponsors.
House Bill 3220, Senator Vadalabene is the Senate sponsor.
( Secretary reads title of bill )
1st reading of the bill.
House Bill 2104, Senator Bruce is the Senate sponsor.
( Secretary reads title of bill )
1st reading of the bill.
PRESIDENT:
Yes, those House Bills will be referred, as are all, to
the Rules Committee.
PRESIDING OFFICER: (SENATOR BRUCE)
If I might have the attention of the members. We're going
to begin 2nd reading in just a few minutes. If you have any amend- ments to any of the bills that are Floor amendments, now would
be an appropriate time to bring it down so the Secretary can
have them...in order, that we can move along. Any amendments that
you have, Floor amendments, please bring them to the Secretary.
Is there leave to go to the Order of Senate Bills 2nd reading?
Leave is granked. Senate Bills 2nd reading. Senate Bill 569,
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SECRETARY:
( Secretary reads title of bill
2nd reading of the bill. The Committee on Elementary and Secondary
Education offers one amendment.
PRESIDING OFFICER: (SENATOR BRUCE)
Thank you, Mr. President. The amendment Eo Senate Bill 569
creates the new bill. The new bill provides for current funding
of special education according to the mandate that we have im-
posed upon local school distriets. It further provides, in this
amendment for three year pay-out of the 1979-80 claim. It's a
committee amendment, I move the adoption of Committee Amendment
No. 1.
there discussion? All in favor say Aye. Opposed Nay. The
Ayes have it. The amendment is adopted. Further amendments?
SECRETARY:
SECRETARY:
934, Senator Egan. Read the bill, Mr. Secretary, please.
SECRETARY:
2nd r'eading of the bill. No committee amendments.
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SECRETARY:
Yes, Mr. Fresident. There is a Floor amendment that we
inadvertently did not adopt in committee and I would like to get
to it. Now apparently the...my...my man has not brought that
in, but can we pass it, and come back,please? I'm sorry.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there leave to take it...leave to take it out of the record?
Leave is granked. Senate Bill 15...1454, Senator Joyce, Jeremiah.
Senate Bill 1473, Senator Martin. Senate Bill 1483: Senator Mitchler.
Read the bill, Mr. Secretary.
SECRETARY:
2nd reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR BRUCE)
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR MITCHLER:
Mr. President, and members of Ehe Senate. Floor Amendment
No. l to Senate Bill 1483 provides Ehe bill with an effecEive date,
which is immediately upon becoming law. I move for adoption of
Floor Amendment No. to Senate Bill 1483.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Is there discussion? A1l in favor
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say Aye. Opposed Nay. The Ayes have it. Amendment No.
adopted. Further Floor amendments?
SECRETARY:
Senate Bill 1497, there was a request for a fiscal note
which has been answered.
( Se cretary reads title of bill )
2nd reading of the bill. The Committee on Revenue offers one
amendment.
SENATOR BERNING:
Thank you, Mr. President. First let me explain that I held
this bill yesterday on 2nd reading at the request of staff, because
understand Senator Maragos may have an amendment. So, I want
to be understood that I will recall the bill from 3rd to
2nd when Senator Maragos is here.
PRESIDING OFFICER: (SENATOR BRUCE)
Well, Senator Berning, wculd be a11 right just to leave
on 2nd reading today? We're...we're going to try to avoid
for the-..for the Secretary's problems, not recalling a tremendous
amount of bills. If you know there's going to be an amendment,
is there any problem with holding it today?
SENATOR BERNING:
No...no, a11 right, welll hold it. Take it out of the recordr
and we'll hold it until tomorrow.
PRESIDING OFFICER: (SENATOR BRUCE)
Take it out of the record. Senate Bill 1500, Senator Jerome
Joyce. senate Bill 1505, Senator Maitland. Senate Bill 1509,
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the bill, Mr. Secretaryv please.
SECRETARY:
2nd reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR BRUCE)
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR SCHAFFER:
Amendment No. 1 is one I mentioned as a possibility in
committee, simply lowers the population requirement from twenty
to fifteen thousand. I've cleared this wikh Senator Lemke, Senator
Rhoads, and the State Board of Elections.
FRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Discussion? A1l in favor say Aye.
Opposed Nay. The Ayes have it. Amendment No. adopted.
Further Floor amendments?
1529, Senator Donnewald. Senate Bill 153...Senate Bill 1559,
Senator Rhoads. Senator- -senate Bill 1569, Senator Hall. Senator
Hall on the Floor? Senate Bill 1571, Senator Buzbee. Senate Bill
1572, Senator Weaver. Read the bill, Mr. Secretary, please.
SECRETARY:
2nd reading of the bill. The Commiktee on Appropriations 11...
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There's been a request, Senator Weaver, that the bill be
held. Is there leave to take it out of the record? In the basis
of fairness wefll take it out of the record. Senate Bill 1617,
Senator Bloom. Read the bill, Mr. Secretary. Senator...
SECRETARY:
SecreEary reads title of bill
2nd reading of the bill. The Commitkee on Appropriations I offers
two amendments.
does Senator Wooten arise? Senator Wooten.
SENATOR WOOTEN:
Well, as inevitably as most al1 of us, a birthday has
fallen to Senator Vince Demuzio, Mr. President...
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR WOOTEN:
.. .and I would simply like to call the attention of the Body
to the fact that Senator Demuzio alleges that he is thirty-nine
years o1d today. Please remember this, because I'm sure helll be
claiming that age for many years to come. There is a birthday
cake in Vincels office down on the first floor. So, however you
want to wish him, well or ill, on his thirty-nine years, I'm sure
you'd enjoy a piece of cake. We invite you to come on down...
FRESIDING OFFICER: (SENATOR BRUCE)
. ..and I extend my congratulations to Senator Demuzio on his
birthday.
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I'm always ready. Thank you, Mr. President. The purpose
of Amendment No. is to change Ehe source of funds to the
Dram Shop Fund, and I would move adoption of Amendment No.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Discussion? Al1 in favor say Aye.
Opposed Nay. The Ayes have it. Amendment No. is adopted.
Further Floor amendments?
PRESIDING OFFICER: (SENATOR BRUCE)
Thank your Mr. President, and Ladies and Gentlemen of the
Senate. Amendment No. 2 is a reduction amendment:it is the
eight percent solution, and the adjustments in their postage et cetera, printing and the other accounts to keep them in line
with what Administrative Services has advised us is the State-wide
average for growth. would move adoption of Amendment No. 2.
It's a reduction of approximately twenty-five thousand dollars.
PRESIDING OFFICER: (SENATOR BRUCE)
You've heard the mokion. Discussion? A1l in favor say Aye.
Opposed Nay. The Ayes have it. Amendment No. 2 is adopted. Further
committee amendments?
SECRETARY:
Bill 1621, Senator DeAngelis. Appropriationr Department of
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Pollution Control Board. Read the bill, Mr. Secretary.
SECRETARY:
( Secretary reads title of bill )
2nd reading of the bill. The Committee on Appropriations I offers
one amendment.
SENATOR CARROLL:
Thank you, Mr. President, and Ladies and Gentlemen of the
Senàte. This is a reduction of about seventy-four thousand dollars'
ten thousand of which is the eight percent solution, and Ehe
elimination of two new positions in an attempt to hold down the
growth of government. I would move adoption of Amendment No.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Is there discussion? All in favor
say Aye. Opposed Nay. The Ayes have it. Amendment Nc. l is adpted.
Further committee amendments?
SECRETARY:
Read the bill, Mr. Secrekary.
SECRETARY:
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PRESIDING OFFICER: (SENATOR BRUCE)
Are Ehere committee amendments?
SECRETARY :
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR HALL:
Thank you, Mr. President, and Ladies and Gentlemen of the
Senate. Amendment No. simply clarifies the new language of the
original bill. There's no substantive changes from the orginial
intent of the bill that is being proposed.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt Amendment No. Discussion? Al1
in favor say Aye. Opposed Nay. The Ayes have it. Amendment No.
is adopted. Further Floor amendments?
SECRETARY:
bill, Mr. Secretary.
2nd reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR BRUCE)
SECRETARY:
No Floor amendments. ADendment No. l offered by Senator Bruce.
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SENATOR CARROLL :
As Senator Bruce has pointed out to me, this is a supplemental
for increased actuarial costs in compliance with renewal proposals,
for group insurance for the State Employees Group Tnsurance Advisory
Council. It's sixteen thousand five hundred. I would move
adoption of Amendment No.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Discussion? All favor say Aye.
Opposed Nay. The Ayes have it. Amendment No. is adopted.
Further Floor amendments?
PRESTDING OFFICER: (SENATOR BRUCE)
SENATOR CARROLL:
this is a transfer of thirty-nine hundred dollars from salaries
for associate judges in the Circuit to the clerks in the Appellate in' the second, third, forth, and fifth diseice . o eir salaries
were rasied up to the same as the clerk in the first, and this
has caused a deficit that line. This is a transfer bill, to
allow for payment of those salaries, and I would move adoption
of Amendment No.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt Amendment No. 2. Is there discussion?
A11 in favor say Aye. Opposed Nay. The Ayes have it. Amendment
No. 2 is adopted. Are there further Floor amendments?
SECRETARY:
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SECRETARY:
2nd reading of the bill. The Committee on Transportation offers
one amendment.
SENATOR COFFEY:
Amendment No. 1 just establishes effective date.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Discussion? Al1 in favor say
Aye. Opposed Nay. The Ayes have it. Amendment No. l is
adopted. Further Floor...further committee amendments?
SECRETARY:
SECRETARY:
Publication and Probate Act. Read the bill, Mr. Secretary,
please.
SECRETARY:
(Secretary reads title of bill)
2nd reading of the bill. The Committee on Judiciary I offers
one amendment.
SENATOR ROCK:
Thank you, Mr. President, and Ladies and Gentlemen of
the Senate. This is an amendment to Ehe Probate Act, and the
committee rightly felt an amendment was necessary and what
it does effectively is remove Ehe reference to attorneys and
places the burden of notice and sending notice on the petitioner's
representatives, and so forth. Senators Ozinga, and Geo-Karis,
and others in the committee felt that this was worthwhilêe'.gnd I agreed
and I'd move the adoption of Copmittee Amendment No.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Discussion? Al1 in favor say Aye.
Opposed Nay. The Ayes have it. Amendment No. 1 is adopted. Further
committee amendments?
SECRETARY:
Read the bill, Mr. Secretary.
SECRETARY:
2nd reading of the bill. The Committee on Transportation offers
one amendment.
SENATOR COFFEY:
Yes, Mr. President, and members of the Senate. Amendment
No. l becomes the bill, and would be glad to answer any questions
you might have on it.
PRESIDING OFFICER) (SENATOR BRUCE)
Discussion of the amendment? The motion is to adopt. Discussion?
A1l in favor say Aye. Opposed Nay. The Ayes have Amendment
No. is adopted.. Further committee amendments?
SECRETARY:
SECRETARY:
bill, Mr. Secretary.
2nd reading of the bill. No committee amendments.
PRESIDING OFFICERJ (SENATOR BRUCE)
SECRETARY:
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
amendment down here. Senator Regner to explain Amendment No. 1.
SENATOR REGNER ;
Mr. President, and members. This is an amendment that was
agreed upon in committee. There were several problems raised with the
bill. One by Senator Becker, the gist of the bill is to allow
municipalities to exclude part-time or seasonal employees from
participation...lMRF. had eleven hundred and forty-four hours
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in it. It was suggested by Senator Becker that it be a thousand
hours, because that's a business standard. The amendment has
that in it, and then a representative from the IMRF had two
questions, one is it had an immediate effective date, this puts...
this puts an effective date of January 1st, 1981, to allow
municipalities and the IMRF six months to get ready for it, and
also, the khird part of the amendment it will exclude school
districts from the bill. It was introduced otiginaliy for
municipalities and not school districts, so the amendment clears
up the three problems that were raised in committee and I'd move
for its adoption.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Discussion? A1l in favor say Aye.
Opposed Nay. The Ayes have it. Amendment No. is adopted.
Further Floor amendments?
Senator Buzbee. Read the bill, Mr. Secretary, please.
SECRETARY:
Senate Bill 1800, there was a request for a fiscal note, which
has been answered.
2nd reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR BRUCE)
SECRETARY:
Senator Mitchler arise? May we have some order, please, Gentlemen
and Ladies.
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR MITCHLER:
I didnlt...l think I filed it, but I didn't get it. So, that's
why' I'm wondering, where was it filed?
PRESIDING OFFICER: (SENATOR BRUCE)
Well, GenElemen, welve gone through this. One of the things,
you file them with the Secretary, and you file your answer with
the Secretary. If everyone would take the courtesy to also file
a copy with the sponsor of the bill, and I suppose when the answer
comes in, to file the answer with the person who filed it, but
we have never developed a policy on that, and is...it is only
a matter of...of relationship in the Body, but it has been complied
with properly and legally by filing a fiscal note with the Secretary.
For what purpose does Senator Buzbee arise?
SENATOR BUZBEE:
just wanted to respond, that I filed my answer the same place that I got the request, and that was with the Secretary.
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR MITCHLER:
Yes, well, when a Senator files a request for that,and then
you say yes itls been filed, and you advance it to 3rd reading, and
the people.-.the person...the people that filed the request don't
know anything about it, I think that's wrong. think if you're
just going to keep it on the Secretary's Deskrread what the-..what
the fiscal note says, so that we in this Body know. We don't file
those just to be filing them. We want to know, was raised
in...in committee, it was filed for a reason. But just say it's been filed and then advance that doesn't answer the question of
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the person filing it. Now, if it's going to be the policy that
have to run down there when ee bill is called to find out what
the fiscal note is, then let's set that policy, but it's been
the Courtesy to send it to...a copy... either the Secretary
sends it or somebody sends it to those who file the request.
Now, that's the way it's been handled around here for many years. If
yOu want to adopt something else or you want to keep it a secret,
fine, go ahead.
Well, Senator, the Chair must respond to that last statement.
It is not a secret, it is a public document, before the Secretary
of the Senate it was filed properly and legally, it was here
and available. It has been standard policy that the Secretary
do not read those. In fact, it's been the policy he does not
make copies available unless requested. You may request...
SENATOR MITCHLER:
May I have a copy of that now, so I know before you advance
If it meets the needs...l don't know where the fiscal note
Eame from. Whether came from...
PRESIDING OFFICER: (SENATOR BRUCE)
Senator, the copy is here, and has been here, it was filed
properly. If Senator Buzbee Wished > % hold the bill, while you
have time to examine it...senator indicates he does not, it has
been complied with and you may read it at your leisure. Gentlemenr
1...1 have wKrned you, or we've talked about the fact that this procedure
is not in the rules of this Senate, and until we adopt the rules
we're going to have this same difficulty from time to time. The
sponsors are not notified when theylre filed. and the...the filing
is with the Secretary, Senator Buzbee complied with it, and Ehe
Chair is at loss as to exactly how to do what...other than what
is legally the requirement. For what purpose does Senator Walsh
arise?
Mr. President, it's my understanding at least from this
side, where a request is made of a Republican sponsor for a
fiscal note that G e parv kho rv esu the note is given a copy
of the note. So, Mat that party wox d have an opportunity to
object if he felt it was inadequate. I donlt- .if the party requesting the fiscal note has...has not seen the note...you
know, and it may be inadequate, he doesn't have an opportunity
to do anything about it until the bill is passed to 3rd reading.
It would seem to me that he should at least have a copy of the
fiscal note before the bill is advanced.
PRESIDING OFFICER: (SENATOR BRUCE)
Now, Senator, he would have that opportunity when the bill
is on 2nd reading to inquire of the Secretary the...the content
of the note, and also when it is on 2nd reading to inquire of the
sponsor. That was not done in this instance. The bill was calledr
read a 2nd time, no Senator rose to question either the fiscal
note or amendments on the bill. The bill was advanced. Everyone
this Body had a chance at that point,.on 2nd reading to challenge
or question the adequacy or inadequacy of the fiscal note,
and it was not done. For what purpose does Senator Walsh arise?
SENATOR WALSH:
Well, I'm sure it's something that can be worked out.
happen to have requestez a fiscal note, and I...on a bill, and
the Department of Revenue supplied the sponsor with a copy and
with me with a copy. So, in this particular instance, in my
case anywhy therels no problem. It would seem to me that in the
future what we should do, is supply the person who requests, the
fiscal note with a copy of it, so that he has an opportunity
to-..to object or whatever when the bill is called on :2nd reading.
PRESIDING OFFICER: (SENATOR BRUCE)
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order, but I would point out, and I will point out
that when one makes a request for a fiscal note, it is also
equally, if not mere ccurteous to afford the sponsor an opportunity
to know that a request for a fiscal note has been filed. Now,
that was not done in this case.
PRESIDING OFFICER: (SENATOR BRUCE)
Thank you, Mr. President. 1...1 concur with what Senator
Rock just said, and I also concur with what Senator Walsh just
said. If he would give me the courtesy of listening since he
has questioned my motives, and I think you're absolutely right
Senator, it's a perfectly reasonable request that you make, and
normally I'm a perfectly reasonable individual, but this time I
took exception. I decided not to be reasonable this time Senator,
because the Senator who made the request did not extend me the
courtesy of indicating that he was requesting such a fiscal note.
So, I responded in kind, and I filed the fiscal note in complete
compliance with the law of the State of Illinois, and with the
rules of the Illinois Senate. Soy that's why I did not give
a copy of the fiscal note to Senator Mitchler.
PRESIDING OFFICER:ISENATOR BRUCE)
was requested and complied with. For what purpose does Senator
Schaffer arise?
SENATOR SCHAFFERC
Well, I was the one that requested the physical note and- .
fiscal note, and I did notify Senator Rock, and he very couxteously
did get me a copy of this fiscal noEe before the bill came up, and
I believe the fiscal note is in order, and this bill does as- .as
it presented to the Senate, does cost two hundred and eighty-nine
millign dollars of additional State funds. The one item which is not
on the fiscal note which is not required, of course, is exactly
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how Senator Rock got Senator Regner to co-sponsor the bill,
and still don't understand that.
PRESIDING OFFICERTISENATOR BRUCE)
senator Rock, do you wish the bill read? Read the bill,
Mr. Secretary.
2nd reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR BRUCE)
SECRETARY:
Senate Bill 1817, Senator Gitz. Read the bill, Mr. Secretary.
SECRETARY:
2nd reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR BRUCE)
SECRETARY:
3rd reading. Senate Bill 1820, Senator Bloom. Read the bill,
Mr. Secretary.
2nd reading of the bill. No committee amendments.
PRESIDTNG OFFICER: (SENATOR BRUCE)
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SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR BLOOM :
involved in drafting this amendment and supports it. It clarifies
the Child Labor Law by making the following changes. It clarifies
the exemption for Summer CETA programszclarifies the exempkion
for work experience career education programs, and deletes Ehe
new provision requiring hearings to be conducted in accordance
with the Adminstrative Procedure Act, since this is already
provided for in a different section of the law.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt. Discussion? All in favor say
Aye. Opposed Nay. The Ayes have it. Amendment No. 1 is adopted.
Further amendments?
Senate Bill 18...Senate Bill 1902, Senator D'Arco. Uninsured
motorists. Senate Bill 1933, Senator Bloom. For what purpose does
Senator Bloom...senate Bill 1935, Senator Nimrod. has a
fiscal note: and it has not been filed. Okay. An answer has not
be filed. 1947, Senator Nash. Senator Berman,you were off the
Floor on 1834. right. Senate Bill 1948, Senator Nash. 49.
1950, Senator Savickas. Okay. Senate Bill 1990, Senator
Rupp. Senate Bill l9...Senate Bill 2000: Senator Schaffer. Read
the bill, Mr. Secretary, please.
SECRETARY:
2nd reading of the bill. No committee amendments.
PRESIDING OFFTCER: (SENATOR BRUCE)
SECRETARY:
SENATOR SCHAFFER:
filed one.
PRESIDING OFFICER: (SENATOR BRUCE)
That was 2Q00, Senator Schaffer on Public Aid time limitations.
SENATOR SCHAFFER:
PRESIDING OFFICER: (SENATOR BRUCE)
Senator Schaffer, was there an amendment on 2000? 3rd reading.
Senate Bill 2001. Read the bill, Mr. Secretary, please.
SECRETARY:
( Secretary reads title of bill
2nd reading of the bill. The Committee on Insurance and Licensed
Activity Offers one amendment.
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR SCHAFFER:
Mr. President, I believe there's also a Floor amendment filed.
The committee amendment is defective and the Floor amendment would
repair that damage.
The motion is to Table Committee Amendment No. Discussion?
A11 in favor say Aye. Opposed Nay. The Ayes have it. Amendment
Schaffer arise?
SECRETARY :
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
Amendment No. 2 is...does the same thing as the committee
amendment, only it's drafted properly, and provides for a five
hundred thousand dollar single occarnmce ...State,.I guess, indem-
nification of medical personal by a licensed physician employee.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt Amendment No. 2. Discussion? All
in favor say Aye. Opposed Nay. The Ayes have it. Amendment No.
2 is adopted. Further Floor amendments ?
SECRETARY:
3rd reading. Senate Bill 20...2022, Senator Washington. Senate
Bill 2024, Senator Washington. Is there leave to go to the Order
of Senate Bills 3rd reading, for the purpose of recalling some
bills that need amendments? Any Senator that has a bill on 3rd
reading that needs to have recalled for an amendment, now would
be Ehe appropriate time to bring the amendment down to the Secretary's
Desk. Three bills have been requested to be recalled. Senator
Rupp, on 1707. The motion is to recàll Senate Bill 1707, the
Order of 2nd reading for purpose of an amendment. Is there leave?
Leave is granted. This bill iY on the Order of 2nd reading. Are
there amendments, Mr. Secretary?
P RESIDING OFFICER: (SENATOR BRUCE)
Senator Rupp, to explain Amendment No. 2.
SENATOR RUPP:
Thank you, Mr. President. When the bill was drafted it
was drafted on a base that did not contain the changes that were
made by Publie Act 81-1050, and this was called to our attlntion
and the attached amendment just updates that bill to include the
correct text. I ask for...it be adopted. Th ank you.
PRESIDING OFFICER: (SENATOR BRUCE)
The motion is to adopt Amendment No. Discussion? A11
in favor say Aye. Opposed Nay. The Ayes have it. Amendment No.
2 is adopted. Further committee amendment? Further amendments?
SECRETARY:
3rd reading. Senate Bill 1822, Senator Bloom. Is there leave
to go to the Order of Senate Bills 3rd reading? Leave is granted.
Senate Bills 3rd reading. Senate Bill 1442, Senator Regner. State
Scholarship Commission transfer. Senate Bill l451...for what
purpose does Senator Regner arise?
SENATOR REGNER:
Mr. President, Iîd like to have leave to Table Senate Bill
1442.
PRESIDING OFFICER) (SENATOR BRUCE)
The motion is to Table. Is there discussion? A1l in favor
say Aye. Oppcsed Nay. The Ayes have 1442 is Tabled. Senate
Bill 1451, Senator Moore. Read the bill, Mr. Secretary, please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
Thank you, Mr. President, and members of the Senate. Senate
Bill 1451 increases the legislative membership of the Legislative
Advisory Committee on Public Aid by four, one Republican, one
Democrat in the Senate, one Republican, one Democrat in the House
appointed by the respective leadership. It also, by amendment
yesterday, iacreases by four the appointments by the leadership in
b0th the Iiouse and Senate by one member each to the Land Resources
Management SEudy Commission. I know of no objection to the bill
and would request a favorable roll call.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? The question is, shall Senate Bill
1451 pass. Those in favor vote Aye. Those opposed vote Nay.
The voting is open. Have a11 voted who wish? Have a11 voted
who wish? Have all voted who wish? Take the record. On that
question, the Ayes are 48, the Nays are 6. None Voting Present.
Senate Bill 1451 having received the required constitutional
majority is declared passed. Senate Bill 1476, Senator Maitland. Senate Bill 1479, Senator Bloom. Read the bill, Mr. Secretary.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
has been before the General Assembly...it passed overwhelmingly
in the Senate. It was vetoed. We overrode. It fell a few votes
short in the House on an override due Eo timing. Basically,it
does as the Synopsis says. I'd be glad to answer any questions,
and urge a favorable roll call.
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Is there discussion? The question is, shall Senate Bill
1479 pass. Those in favor vote Aye. Those opposed vote Nay.
The voting is open. Have al1 voted who wish? Have a11 voted
who wish? Have all voted who wish? Take the record. On that
question, the Ayes are 54, the Nays are none. None Voting Present.
Senate B:ll 1479 having received the constitutional majority is declared passed. Senate Bill 1480, Senator...senator De Angelis.
Reàd the bill, Mr. Secretary, please.
SECRETARY :
PRESIDING OFFICER: (SENATOR BRUCE)
Thank you, Mr. President. Senate Bill 1480 permits school
districts to have an option that they currently do not have, and
that option is to sell property to adjacent school districts by mutual agreement of both Boards of Education. I urge a favorable
roll call.
Is there discussion? The question is# shall Senate Bill 1480
pass. Those in favor vote Aye. Those opposed vote Nay. The
voting is open. Have all voted who wish? Have a1l voted who
wish? Take the record. On that question, the Ayes are 55, the
Nays are none. None Voting Present. Senate Bill 1480 having
received the required constitutional majority is declared passed.
Senate Bill k506, Senator Moore. Read thè bill, Mr. Secretary.
SECRETARY:
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Thank you, Mr. President, and members of the Senate. Senate
Bill 1506 enlarges the boundaries of the Metropolitan Sanitary
District of Greater Chicagr in my district and in parcël...two
parcels of land in Senator Friedland's district. I know of
no objection to the bill, I would appreciate a favorable roll
call.
SENATOR ROCK:
Yes, I wonder if Ehe Senator would be kind enough to take
this out of the record and hold it. I understand there may be
a problem with the legal...can we hold for a day or so?
PRESIDING OFFICER: (SENATOR BRUCE)
Senator Rock, it was my understanding that there might be,
and what I suggested is that wo move this bill out of here to
the House and have it amended over there. Take it from the record,
Mr. President.
Is there leave? Leave is granted. Senate Bill 1508, Senator
Schaffer. Read the bill, Mr. Secretary, please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
Senate Bill 1508, is a Mental Health Commission bill, which
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attempts to undo a little problem we created last year when we
inadvertently put the detox centers under the regulation of the
Department of Mental Hea1th and the Department of Public Health.
It's the feelM g of the task force and the Commission of Mental
Hea1th, and I think a1l of the provider agencies that we should
have them under the regulations of the Department of Public Health,
and in compliance '.6tb q5e Federal confidentiality standards.
There are some questions which perhaps should be addressed at
a later time, but this bill solves the immediate crisis. I know
of nc oppostion. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENAT6R BRUCE)
order, please, Ladies and Gentlemen.
SENATOR BERNING:
Thank you, Mr. President. I would just like to clarify with
the sponsor. On the bcttom of page 2 line 31, listed among those
thinqs which a person shall have unimpeded access to, is telephone.
It is further perhaps defined udder Section 9 of this Act as
stated on page 3 line 2. My question simply has to do with un-
impeded access to a telephone for persons in an institution or
facility without any controls could embroil somebody, with some
excessive telephone charges. Is that in any Way protected?
PRESIDING OFFICER: (SENATOR BRUCE)
Senator Berning, that language comes as a result of several
court decisions and the Federal standards that we are forced to
live with. I believe a1l welre doing is codifying what is,
fact: existing 1aw and regulation.
PRESIDING OFFICER: (SENATOR BRUCE)
Senator Berning.
SENATOR BERNING:
I'm reasonably sure that the intent is proper. A11 that I1m
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concerned about is the potential for unlimited use of telephone
with the result and potential for high costs which somebody is
going to have to underwrite, and I would respectfully suggest
to the Senators Schaffer and Collins that they review this particular
aspect so that we donlt find that the State or some other body
providing the facility is going to be stuck with a big telephone
bill.
SENATOR SCHAFFER:
Well, Senator Berning, I don't think that we're giving
them.the right to have free phones, we're just saying that they have the right to make the call. suspect they'll find any
calls they make on the bill that is eventually submitted. I again
say that's a result of current regulatior. and court decisions,
v u cer ly one up in Wisconsin. I Ehink this bill will temporarily
solve this problem. Iîm confident that this issue will be back
before the General Assembly on what standards we should maintain
in these Eype of facilities, but this a limited Session here,
and this is a limited attempt to solve a crisis, and appreciate
a favorable roll call.
PRESIDING OFFICER: (SENATOR BRUCE)
The question is, shall Senate Bill 1508 pass. Thcse in favor
vote Aye. Those opposed vote Nay. The voting is open. Have
al1 voted who wish? Have a11 voted who wish? Take the record.
On that question, the Ayes are 55, the Nays are none. None
Voting Present. Senate Bill 1508, having received the required
constitutional majority is declared passed. Senate Bill 15...1524, Senator Sangmeister. senator Davidson, there's been a request
that that bill be held. Senator Sangmeister.
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we have been skipping some of the Workmen's Compensation Bills
at the request of the President. For what purpose does Senator
Lemke arise? ls..osenator Lemke.
SENATOR LZMKE:
What this is, is a package of bills for the National
Ride Sharing Bill. This bill, that amends the Workmen's Comp.
Act, is not going to be amended to affect any other thing in
Workmen's Comp. It's a bill that's requested by the National
Energy Saving thing. think the best thing to doz is to pass
these bills out as a package and they are not to be amended
in any shape or form.ooof anything else. That's the only reason
we have the bill.
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR LEMKE:
PRESIDING OFFICER: (SENATOR BRUCE)
please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
What these...this bill is, is part of the National Ride
Sharing Program to conserve energy. What this bill does, 1541,
it excludes from Workmen's Compensation Required Coverage, those
injuries occurred between residential and employment. This means
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that when a party is participating in a ride sharing arrangement,
he's...he's traveling from his home to pick up a fellow employee
to the company, he is not included in Workmen's Compensation.
He can't recover from his employer. I ask for a favorable adoption.
PRESIDING OFFICER: (SENATOR BRUCE)
The question is on the passage. Is there discussion? Senator
Nimrod.
Yeah, one...one question of the sponsor, Mr. President. When...
when in fact, on the ride sharing: the companies are providing
some vans or some transportation, does this also exclude the company
ride sharing van or the...I think that's an important part of
that Ride Sharing Program.
PRESIDING OFFICER: (SENATOR BRUCE)
Senator Nimrod, as you know, there are two different programs.
This is a Ride Sharing Program. This is a program where they use
employees' cars; the cars are not leased, owned or rented by the
company. The other program is called the Van Pooling Program,
which Senator Regner had last year. This program is not included
in there because it was, as Senator Regner can tell you, there
were some obstacles involved in van pools. What we are trying
to do here is to pick up only cars, the definition is very specific,
to...to just get involved in private automobiles; not company automobiles. The company automobile problem is still being worked
out between labor and management, and it's not..onot going to be
included in this program. We are just going to keep it and confine
to ride sharing, but using the employeesl auEomobiles. That other
part is very controversial, and I didn't want...we had some pro-
blems when we tried to put an amendment on, and there was some
controversy and I Tabled that amendment just to construe it...to keep it as ride sharing. And that's my agreement with Senator
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shapiro and Senator Rock; that these bills will stay as they are
and not be amended, because they are designed to save gasoline
and not to get involved between labor and management. If they
want to work that problem out, they can work it out on some other
bill, but not on these bills.
PRESIDING OFFICER: (SENATOR BRUCE)
Further discussion? Senator Keats.
came through Labor and Commerce. They came out almost unanimously.
senator Lemke has agreed they are not to be used as Vehicle Bills
of any kind. They are strictly for energy conservation and do
deal with Workmen's Comp' because of the nature of the Act , but
that is not in realiEy their major purpose. I personally voted
for the bills in committee and would intend to vote for them on
the Floor.
He indicates he will yield. Senator De Angelis. Can we
have some order, please, Ladies and Gentlemen. Senator De Angelis.
SENATOR DE ANGELIS:
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Senator Lemke, I realize your bill is only one paragraph long:
but do you not by implication, or do you not possibly by implication,
by exempting this for employees, in fact, implicate the employers
when they participate in something like this?
PRESIDING OFFICER: (SENATOR BRUCE)
Noe I donet. This...this..wthe problem we have here is that
we have a... under the Workmen's Compw you have the Jewel Tea Case
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which says if the employer does anything, inoooin fact, to
encourage employees and they some way, if the Supreme Court
dreams up, the employers get a benefit out of the Ride Sharing
Program, they could be covered under Workmen's Comp. We had the
incident with the Alcohol Prevention, where they sent him for a
dry up and a11 of a sudden the guy died duringoo.of a heart
attack. What this bill is meant to do, and it's designed by...
the National Ride Sharing Program in conjunction with many employers, to clear up one of the fears that says the 1aw in
Illinois is that if you encourage employees to engage in
Ride Sharing Programsz you cannot be held liable under Workmen's
Compensation Insurance, and this clears up any pointo..it clears
up any possibility of the Supreme Court because everybody is
afraid of theo.oof the Supreme Court saying anything...anything
they do is going to be construed as rising out of the employment.
This bill says it doesn't arise out of employment and
specifically clears up that problem so that never in the
future ...We can have a problem involved.
PRESIDING OFFICER: (SENATOR BRUCE)
Senator DeAngelis.
SENATOR DeANGELIS:
Well, Senator Lemke, if that is true, why would you not,
in fact, exempt the employer also since youlre out to conserve
energy and the employer is providing the man, why are you not
exempting the employer from that also?
PRESIDING OFFICER: (SENATOR BRUCE)
This does exempt the employer. I don't know Where you...it
says here that Ehe guy can't collect from the employer.
exempts the employer.
Mr. President, 1...1 really disagree with thaE interpretation.
I donlt know where you could read that into the bill. can I read
you the last line of Ehe bill? ''So long as the agreement does
not employ motor vehicles owned, leased or contracted for by
the employero'l
get involved in van pooling. If an employer...if an employer
hires a vehicle to pick up his employees, he is going to be...
he's going to be covered under Workmen's Comp. because he...that's
the course of the employment. this...in this case, the
employer is doing nothing but simply encouraging private in-
dividuals to double up, and they are going to put something on
the bulletin board and say let's double up and let's save energy;
and what this bill does, ft does noto..implicate employees.
The law presently is now that if you are in a company vehicle,
and you are going to work, you are in the course of your employ-
ment. This does not get into that realm. They are working on
this through Van pooling and that, and when they work that out,
fine; but these bills construe...are only in regards to private
individuals, and nothing to do with company vehicles.
PRESIDING OFFICER: (SENATOR BRUCE)
Well, Senator Lemke: I would submit that if...if your intent
this is to conserve energy, and your purpose is as noble as
you state, I do not see why you would, in fact, exempt employee
motor vehicles because these would be covered by personal liability
anyhow. don't know why you make such a strenuous effort to
exempt them from it.
It's a very simple reason: Senator De Angelis. Van pooling,
bus pooling and car pooling is not the same thing as ride sharing.
Ride sharing is the use of a private automobile of an employee.
All the employer does in this program is encourage employees to
double up. What this bill says is if he does.o.if that's a11 he
does, then he's not covered under Workmen's Comp. These bills
were not draftedo..these bills were drafted by industry. They
want this wording to clear up this problem so they can get involved
in the Ride Sharing Program, which is aoogNational Ride Sharing
Program by the Department of Energy of this country. And these
are bills that are drafted by business for their protection, and
this is why we are putting the program in. These are not designed
for any other reason except for ride sharing. If you want to get
involved in van pooling, bus pooling and car pooling, then I
suggest you get some bills on that subject and get into it; but
thiso..with this.oowe are very careful in this program to just
refrain it to private individual cars owned and operated by
employees; not owned by any employer. Because you get involved
that, youlre not going to pass a ride sharing program in this,
in any respect in the State of Illinois because there will be
fights going on, and I tried to exclude van pooling, car pooling
and bus pooling from this program strictly because there was a lot
of controversy pro and con in regards to it.
PRESIDING OFFICER: (SENATOR BRUCE)
Further discussion? Senator Nimrod, well let's seeo..senator
Geo-Karis has not spoken a first time. May we have some order,
Ladies and Gentlemen. Senator Geo-Karis.
SENATOR GEO-KARIS:
Mr. President and Ladies and Gentlemen of the Senate, these
bills were heard in the Judiciary I Committee, and they were
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approved, and I think they were approved without a dissenting vote;
and I think they are good bills, and I think the purpose to which. ..
Mr. Lemke has described these bills is commendable, and I support
the bills.
Yeah, only...thank you, Mr. President. The only reason I got
up about the original comment is, I think that...l am for the
ride sharing concept, but it disturbs me that we are separating
the van pooling; and I think that if we are going to address this
problemg it ought to be done together. The minute we remove the
ride yharing from the van pooling there is no longer any.. .any
iniG aGve on the part of labor to work out an agreement on the
whole idea of saving energy. Now: if itls good enough to do it
with the individual ownersr it's good enough to solve the problem
for the companies; and think to 1et these bills through without
doing that is wrong, and they should have gone through Labor and
Commerce too.m.and the whole idea since they are knvolved. It
should have been involved with the Energy Resourdes Commission
if we are talking about sharing. None of these discussions have
been made, and I thknk % at we are lete g something through without
addressinç the problem and making sure that b0th parties can reach
some agreementop.if Labor and Commerceu mbusiness have some.
problems, they ought to agree and reach the conclusion. I have
not heard from any business representatives about any agreement
on these kind of bills.
PRESIDING OFFICER: (SENATOR BRUCE)
Further discussion? Senator Daley.
SENATOR DALEY:
Mroo.well, Senators, this is a whole series of bills, and it
really protects the employee driving to and from work that is
encouraged by the employer. It has nothing to do with labcr.
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It has nothing to do with management . These are a series of
bills proposed by employers ; and to say Ehat it should have
one to Labor and Commerce Committee or the . . oany otherC
committee, the appropriate time to request it . These bills were
in the Judiciary Committee wit,h an hour and a half hearing on
them, and this is really to protect the employee .
PRESIDING OEFICER: (SENATOR BRUCE )
Further discussion? The question is shall Senate Bill 1541
pass . Those in f avor . . .senator Lemke , did you wish to close?
Senator Lemke .
SENATOR LEMKE:
PRESIDING OFFICER: (SENATOR BRUCE)
The question is shall Senate Bill 1541 pass. Those in
favor vote Aye. Those opposed vote Nay. The voting is open.
Have a11 voted who wish? Have a11 voted who wish? Have all
voted who wish? Take the record. On that questione the Ayes are
53, the Nays are 4, 1 Voting Present. Senate Bill 1541 having
received the required constitutional majority is declared passed.
Senate Bill 1542, Senator Lemke. Read the bille Mr. Secretary,
please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? The question is shall Senate Bill
1542 pass. Those in favor vote Aye. Those opposed vote Nay. The
voting is open. Have a11 voted who wish? Have all voted who
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wish? Take the record. On that question, the Ayes are 52 , the
Nays are 3, 2 Voting Present. Senate Bill 1542 having received
the required constitutional majority is declared passed. Senate
Bill 1543, SenaMr LGGe. Read the bill, Mr. Secretary, please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR RHOADS:
Mr. Presidente I think we do need a little bit more full
explanation of this bill. It does sound like it should have come
through Revenue Committee, and.o.maybe if the Senator could
give us a more complete explanation.
PRESIDING OFFICER: (SENATOR BRUCE)
Senator Lemke.
SENATOR LEMKE:
The bill...what the bill simply does is ...said that if two
employees use one car, and one employee gives Ehe other employee
his share of the gas expense, that he doesn't have to file on
his income tax statement. The other thing is that while they
are in the car going to work, Ehey...they are not covered under
the Minimum Wage Law until they qet to work, because there is over-
time implications if you startvo.if you travel an hour and the guy
works eight hours, that means the boss would have to pay time and
a half for that extra hour, and this excludes it from that.
PRESIDING OFFICER: (SENATOR BRUCE)
Well, Senator, why wouldn't the gas expense money be taxable
income? The Illinois CPA Society sends all of us legislators a tax
guide form, and it says very clearly that when two of us ride to
Springfield together, and one of us gets reimbursement that that
should be declared as taxable income. Why wouldn't the same
apply in this situation?
PRESIDING OFFICER: (SENATOR BRUCE)
reimbursement; it is simply an exchange between Ewo neighbors or
two co-employees who pay itaomif they say the gas is ten dollars
to get to work, one guy gives the other guy five dollars. What
this does is excludes the employee from keeping books every time
he gets a five dollar bill and this and that, then he justoegwhat
will happen is he will..ohe will exempt it and it will just be a transaction that will cost money fore..to exempt it; and what...
in other words, this is just an..gso you don't have to keep books and records and it doesn't involve anything in regards to employer
reimbursement.
Well, I can't see anything dramatically wrong with the bill,
but neither do I really see a big reason for it. Ioooreally don't
understand the purpose of the bill.
PRESIDING OFFICER: (SENATOR BRUCE)
Lemke may close.
PRESIDING OFFICER: (SENATOR BRUCE)
. The question is shall Senate Bill 1543 pass? Those in
favor vote Aye. Those opposed vote Nay. The voting is open.
Have a1l voted who wish? Have al1 voted who wish? Take the
record. On that question, the Ayes are 49, the Nays are 7,
Voting Present. Senate Bill 1543, having received the required
constitutional majority, is declared passed. Senate Bill 1544,
Senator Lemke. Read the bill, Mr. Secretary, please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
What this bill does is simplyo.oamends the Illinois Vehicle
Code to define what a ride sharing arrangement is. It's as
explained before, and I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? Is there discussion? The question is
shall Senate Bill 1544 pass. Those in favor vote Aye. Those
opposed vote Nay. The voting is open. Have a11 voted who
wish? Have a11 voted who wish? Take the record. On that
question, the Ayes are 53, the Nays are 4, 1 Voting Present.
Senate Bill 1544 having received the required constitutional
majority is declared passed. Senate Bill 1545, Senator Lemke.
Read the billr Mr. Secretary, please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
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What this bill does is amend the Illinois Vehicle Code to
exempt anybody participating in a ride sharing program from
requirement of a chauffeur license or consideringqthem as a
commercial vehicle. ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? The question is shall Senate Bill 1545
pass. Those in favor vote Aye. Those opposed vote Nay. The
voting is open. Have al1 voted who wksh? Have a1l voted who
wish? Take the record. On that question, the Ayes are 48,
the Nays are 4, 2 Voting Present. Senate Bill 1545 having received
the required constitutional majority is declared passed. Senate
Bill 15...let's see...is there leave to return to Senate Bill 1522?
Leave is granted. Senate Bill 1522, Senator Joyce. Read the bill,
Mr. Secretary, please.
PRESIDING OFFICER: (SENATOR BRUCE)
Yes, Mr. President and members of the Senate, thank you.
Thism..the bill that we passed, the amendment in 1979 on the
general homestead exemption of three thousand dollars, there's
been some misunderstanding, I think, in the wording of the bill.
Most counties in the State automatically give you the exemption.
There are a few, I think it's eight, that require you to come
in and apply. Well, when I went back to my district, found
that I had one of those counties, and only about half of the
property owners in that county are getting the exemption because
they just simply don't know about it. So, what this would do
would puE all the State'so..or all of the counties in compliance
with this, and..eand they would not have to go in and apply to it
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PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR DAVIDSON:
Not a...not a discussion, but on my bill a minute ago On dnaling
with tax relief, the understanding was that they were going to
hold tax relief bills and do them al1 in one day. Does this
fall in that description or not?
PRESIDING OFFICER: (SENATOR BRUCE)
No, it does not.
Further discussion? The question is shall Senate Bill 1522
pass. Those in favor vote Aye. Those opposed vote Nay. The
voting is open. Have a11 voted who wish? Have all voted who
wish? Take the record. On that question, the Ayes are 58,
the Nays are none, none Voting Present. Senate Bill 1522 having
received the required constitutional majority is declared passed.
KTVI-TV, Louis has requested permission to shoot silent film
from the gallery. Is there leave? Leave is granted. Senate
Bill 1548, Senator Martin. Read the bill, Mr. Secretary, please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
variances, not to exceed ninety days' to 'units, to prevent
some of the costs that have occurred under the current system.
I think you will find, for any of you that have sanitary districts,
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especially, this bill is needed. It's base happened in Rockford,
when during a major construction project they had permission from... from the EPA to...to chemically treat some waters. The Attorney
General's Office intervened and said no, you had to go through a
whole variance procedure. took seven months and cost an additional
two hundred thousand dollars. This sets up a procedure that
the EPA will be able to oaY in and issue the variance, saving
ultimately, tax monies. If they shouldn't get the variance: they
still won't get it, but it cuts down that administrative procedural
time. I know of no objection to it, and I would ask a favorable
roll call.
Is there discussion? The question is shall Senate Bill 1548
pass. Those in favor vote Aye. Those opposed vote Nay. The
voting is open. Have a11 voted who wish? Have a1l voted who
wish? Take the record. On that question, the Ayes are 53, the
Nays none, 2 Voting Present. Senate Bill 1548 having received
the required constitutional majority is declared passed. Senate
Bill 1564, Senator Becker. Read the billy Mr. Secretary, please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
Thank you, Mr. President and members of the Senate. Senate
Bill 1564 is nothing more than a housekeeping amendmente but a
necessary one. Under Felony Murders, we ask that the word
''Aggravated Arson'l be added. It passed in committee five to
nothing, and I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? The question is shall Senate Bill 1564
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pass. Those in favor vote Aye. Those opposed vote Nay. The
voting is open. Have a11 voted who wish? Have a11 voted who
wish? Take the record. On that question, the Ayes are 57,
the Nays are none, none Voting Present. Senate Bill 1564
having received the required constitutional majority is declared
passed. Senate Bill 1531, Senator Jerome Joyce. Senate Bill
1585, Senator Berning. Read the bill, Mr. Secretary, please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
Thank you, Mr. President and members of the Senate. Senate
Bill 1585 seeks to correct what obviously was an inadvertent
provision in the establishment..oin the legislation establishing
the right of municipalities and other areas to form fire
protection districts and to engage in an ambulance service.
There is no question but what the referendum should be held if
a ambulance service is going to be established and a tax levied;
but in my village and my fire protection district, as well as
about sixteen or eighteen others in the State, there is now a
paramedic ambulance service being provided out of General Revenue.
There is no need for additional tax, and it is only to make
this clarifying change in the S tatute that Senate Bill 1585 is
offered. wouldobe happy to respond to any questions. Other
than that, I would appreciate a favorable roll call. It is an
emergency because of a court suit which did challenge and establish
the fact that the 1aw as nowo.owritten requires a referendum to
provide the service, whether or not tax is imposed.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? The question is shall Senate Bill 1585
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pass. Those in favor vote Aye. Those opposed vote Nay. The
voting is open. Have a11 voted who wish? Have a1l voted who
wish? Take the record. On that question, the Ayes are the
Nays are 2 Voting Present. Senate Bill 1585 having received
the required constitutional majority is declared passed. Senate Bill 1597, Senator Vadalabene. Read the bill, Mr. Secretary,
please.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
Yes, thank you, Mr. President and members of the Senate.
Senate Bill 1598 conforms the Tri-city Regional Port District
Actb language regarding taxable property within the district to
the exact wording of the provision of 'the Revenue Act. By sub-
stituting 'bF'for 'ïndnin the Tri-city Regional Port District
Actï language: concerning the property within the district...
oh, I'm sorry. I'm reading the wrong bill, and incidentally,
passed one like that when I was in the House.
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR VADALABENE:
Yeah, will you scratch the record. But I'm really telling
you the truth; I passed a bill with khe wrong explanation when
was in the House, and Rich Walsh was in the House at that time
too.
Senatorz many of us believe that happens almost daily over
in the House. Senator Vadalabene on 1597.
SENATOR VADALABENE:
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Okay. Yes, the purpose of this bill, on Senate Bill 1597 is
to give the Bi-state Development Agency the authority to sell,
or otherwise dispose of land. What has happened is that Bi-state
and the Illinois Department of Transportation had a mutual agree-
ment worked out on some land in the Illinois Attorney General's
Office. In reviewing that agreement, said everything is fine;
but we do not believe Bi-state has the legal authority to
dispose of the land. In other words, IDOT needed a little over
nine acres of one corner of Bi-state Parks Airport for the con-
struction of 1-270. IDOT appraised the land and offered to trade
the ldnd and offered Bi-state also a plus trade of six dollars...
six thousand eight hundred and thirty-five dollars for the 9.
acres. Bi-state accepted the offer, and things were fine until
this legal question came up. Howevere I might add, that the. ..
just last week Governor Teasdale in Missouri signed the identical
legislation, since the Bi-state Compact...identical legislation
in this regard has to be signed by b0th states. Missouri has#
done their job, and now we are seeking to do the same thing here in Illinois; and I would appreciate a favorable vote.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? The question is shall Senate...l'm
sorry. Gentlemen, again if you will use the little white button,
it will help me. Senator Fhilip.
SENATOR PHILIP:
Thank you, Mr. President and Ladies and Gentlemen of the
Senate. And I might bring to the attention of the membership,
that if we pass thks bill, it will be the fkrst time that we'kl
allow a commission of the State of Illinois to buy and sell
property. Now we donft 1et DOT do that; when they want to buy
a piece of property or sell it, they have to introduce a bill and
come to the General Assembly, and we examine it quite carefully.
nN..'.and we do have some control over the Department of Trans-
portation. This is merely a SGt> ide commission which we don't
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have any control over, other than budgetary, and now we are going
to turn around and allow them to sell and buy property at will.
Ik was a very close vote in committee. It was discussed; it's
rather controversial and you ought to have a good look at it.
If we do it for this commission, I suppose down the road we will
be doing it for other commissions. And quite frankly, I don't
think it's in good judgment, and you ouqht to look at this
closely, and you ought Eo vote No.
PRESIDING OFFICERZ (SENATOR BRUCE)
Further discussion? Senator Moore.
SENATOR MOORE:
Thank you, Mr. President and members of the Senate. I rise
in support of this bill. can agree, to a certain extent, of
what Senator Philip has just alluded e , but this is not a
commission of State government. This is a compact between the
State of Illinois and the State of Missouri. The laws have to be
identical between these two states in order for this particular
district to function. Now the State of Missouri, on the last
day of iks General Assembly...the bill has been signed, an
identical bill such as we have here. This bill is needed for the
economic development of their airport down in that particular
area of the state. Itîsrl'M ieve, the fourth largest airport in Ehe
state of Illinois, although I have reservations that Senator Philip
does, if this were solely a State agencyy then I would agree with
him; but inasmuch as it is a compact between two states, I will go
along, and I urge support of Senate Bill 1597.
PRESIDING OFFICER: (SENATOR BRUCE)
Further discussion? Senator Buzbee.
SENATOR BUZBEE:
Thank you, Mr. President. 1...1 would like to point out that
a statement Senator Philip made, 1...1 believe is incorrect; and
that is he said that there is no other agency in the State, or commission
type thaE has the authorkty to buy and sell property. I think
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every port district in this State has the authority to buy and
sell property.o.property. Yes, that's port spelled with a
And Bi-state needs this authority. The State of Missouri has...
has...passed the legislation, Senator Vadalabene tells us; they
need this authority to go on with their businesse and I think we
ought to give it to them.
PRESIDING OFFICER: (SENATOR BRUCE)
Further discussion? Senator Gitz.
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR GITZ:
to make an exchange of property?
PRESIDING OFFICER: (SENATOR BRUCE)
Yes, that is correct. The...the...the Attorney General wanted
an opinion, a legal opinion, and consequently, we came in here
with this bill.
Senator Gitz.
SENATOR GITZ:
Then why in the wording of the bill does it not provide for
exchange as opposed to sell? The thing that troubles me, Senatory
and I would like to support the bill, is that after this language
is added, we can conceivably use public funds to construct facilities,
perhaps even airports, they can be sold by board action. And
this does far more than just simply exchange property, which seems to be the source of your problem. Could you respond?
PRESIDING OFFICER: (SENATOR BRUCE)
The identical legislation has been passed in Missouri, signed
by the Governor...let me just refer briefly, in regard to the
status of the Bi-state...Board of Trustees. We have five commis-
sioners, appointed by the State of Illinois by the Governor. We
have five appointed by the Governor in Missouri. These are al1
honorable men of integrity, highly classified businessmen who
will see that none of this type of corruption,
someone is indicating will happen. Now, this legislation is
needed. 1-270 has to proceed; it's a six-lane loop around the
State of Missouri and Illinois, and this is why this legislation
is needed. Now, for whatever questions you have, and whatever
concerns you, Senator Gitz, up in Waukegan, I just candtoooyou
know, I doh't know, but this is a downstate needed legislation;
a compact which originated by the Legislature of b0th Missouri
and Illinois, and this legislation is needed.
PRESIDING OFFICER: (SENATOR BRUCE)
Further discussion? Senator Gitz.
SENATOR GITZ:
Well, Mr. President, let the record show that I do not happen
to be from Waukegan. LeE the record also show that this bill has
a barndoor so wide that you can drive any truck in the world through
it.
Thank you, Mr. President and Ladies and Gentlemen of the
Senate. 1...1 just wanted to correct myself. I guess there is one SG > W de commission that does buy and sell property; I stand
corrected. That is the Space Needs Commission, which is entirely
made up by members of the House and members of the Senate. I
would certainly think we would have some control over those
members.
49
Further discussion? Senator
SENATOR VADALABENE:
Yesy just briefly, maybe I should have stuck with the other bill, explained it and asked for a favorable vote.
PRESIDING OFFICER: (SENATOR BRUCE)
The question is shall Senate Bill 1597 pass. Those in
favor vote Aye. Those opposed vote Nay. The voting is open.
Vadalabene may close.
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Have all voted who wish? Have all voted who wish? Take the
record. On that question, the Ayes are 2...37, the Ayes are
37, the Nays are l2, l Voting Present. Senate Bill 1597
having received the required constitutional majority is declared passed. Is there leave for Channel 55 to shoot film? Leave is
granted. Senate Bill 1598, Senator Vadalabene.
SECRETARY:
PRESIDING OFFICER: (SENATOR BRUCE)
Yes, thank you, Mr. President and members of Ehe Senate.
Will you please instruct the camera that I am over here.
PRESIDING OFFICER: (SENATOR BRUCE)
Districtt Act language regarding taxable property within the
district to the exact wording of the provisions in the Revenue
Act that applies to al1 taxable property in a11 port districts.
By substituting 'br''for 'hnd''in the Tri-city Regional Port District
Actb languaie concerning the property within the district, that is subject to taxation leasehold improvements, the bill merely
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makes this Act consistent with the Revenue Act language concerning
the property within a1l port districts that is subject to tax- ation, and this received a favorable vote in Local Government,
and I would appreciate a favorable vote.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? Is there discussion? The question is
shall Senate Bill 1598 pass. Those in favor vote Aye. Those
opposed vote Nay. The voting is open. Have a11 voted who
wish? Have a1l voted who wish? Take the record. On that
question, the Ayes are 57, the Nays are none, none Voting Present.
Senate Bill 1598 having received the required constitutional
majority is declared passed. Senate Bill 1605, Senator Savickas.
Read the bill, Mr. Secretary, please.
SECRETARY:
3rd reading of the bill.
PRESIDING OFFICERI (SENATOR BRUCE)
Metropolitan Fair and Exposition Authority. It's included in the
Governor's budget, and is set at million dollars. I would
appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR BRUCE)
Is there discussion? The question is shall Senate Bill 16...
Senator Demuzio.
SENATOR DEMUZIO:
PRESIDING OFFICER: (SENATOR BRUCE)
SENATOR DEMUZIO:
This just puts the money into the fund, it doesn't make the
disbursements?
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Yes, this is the annual deposit amount and is statutorily
set, its- .its expenditure is included in the Governor's budget.
PRESIDING OFFICER: (SENATOR BRUCE)
what the analysis says. It talks about reconstruction and re-
habilitation of the Rheuben H. Donnelly building. Wherels the
Rheuben H. Donnelly building?
PRESIDING OFFICER: (SENATOR BRUCE)
Well, the Rheuben H. Donnelly building is across the street
from the...the Mccormick Place. It's a1l part of the complex.
PRESIDING OFFICER: (SENATOR BRUCE)
4.8 million dollars then is going into the...into the re-
construction and rehabilitation of that facility as provided in
the Governor's budget. Is that what you#re telling me?
PRESIDING OFFICER: (SENATOR BRUCE)
Further discussion? Further discussion? The question is
shall Senate Bill 1605 pass. Those in favor vote Aye. Those
opposed vote Nay. The voting is open. Have al1 voted who wish?
Have a1l voted who wish? Take the record. On that question, the
Ayes are 47, the Nays are 4, 2 Voting Present. Senate Bill 1605
having received the required constitutional majority is declared
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passed. We have a special guest with us today who will be intro-
duced by Senator Davkdson. May we have the attention of the Body,
please.
SENATOR DAVIDSON:
Members of the Senate. It's my great honor to present to you
the Teacher of the Year for the State of Illinois by the Illinois
Office of Education, a lady from Springfield, fourth grade teacher
at Dubois School here in Springfield, Mrs. Helen Garr. Helen,
and on behalf of the Illinoks Senate, I want to present to you
Senate Resolution 308, which congratulates you on our behalf
for being the Teacher of the Year for the State of Illinois.
Welcome to the Illinois Senate.
MRS. HELEN GARR (TEACHER OF THE YEAR)
(Remarks by Mrs. Helen Garr)
PRESIDING OFFICER: (SENATOR SAVICKAS)
Weaver. Read the bill, Mr. Secretary.
SECRETARY:
PRESIDING OFFICER: (SENATOR SAVICKAS)
Thank you, Mr. President. This is the annual appropriation
to the Commissioner of Banks and Trusts in the amount of three
million seven hundred and eighty-seven thousand dollars. This
money comes from fees collected from state banks: and-.-is no
General Revenue Funds involved. If there is any question...l
would be happy to answer them. If not, I would appreciate a
favorable roll call.
Is there further discussion? If not the question is shall
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Senate Bill 1633 pass. Those in favor will vote Aye. Those opposed
vote Nay. The voting is open. Have a1l voted who wish? Have al1
voted who wish? Take the record. On that question, the Ayes
are 54, the Nays are none. Senate Bill 1633 having received the
constitutional majority is declared passed. Senate Bill 1651,
Senator Shapiro. Read the bill, Mr. Secretary.
SECRETARY:
3rd reading.
Mr. President and Ladies and Gentlemen of the Senate. Senate
Bill 1651 is a supplemental appropriation, which appropriates
six hundred and thirty-three thousand four hundred and fifty-four
dollars for the Office of the Governor. Five hundred and eighty
thousand two hundred dollars are to remodel and to make repairs
on the Mansion, and fifty-three thousand two hundred and fifty-
four dollars are for operations. I will try to answer any questions
Ehat anyone may have. Otherwise, I would appreciate a favorable
roll call.
SENATOR SANGMEISTER:
Yes, Senator Shapiro, what has happened to, you know not
too many years ago the whole Mansion has been done over, now we
are going to spend a half a million dollars on the Governor's
Mansion again. What...what has happened since the last remodeling
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Senator, evidently there has been no repainting or remodel-
ing or upkeep of the building since it was remodeled. There was
some faulty work that's been starting to break down, and I have
a breakdown of what is required on each floor, dollar amount, for
the total; but that#s...thatls the best answer I can give you.
PRESIDING OFFICER: (SENATOR SAVICKAS)
Senator Sangmeister.
SENATOR SANGMEISTER:
you know, what was the date that the Mansion was re-
modeled completely? When it was completed, the date of com-
pletion. What year was that? That was under Ogilvie, I know,
but what year was it?
SENATOR SHAPIRO:
I don't think Governor Ogilvie ever had a chance to live in
the Mansion, to stay in it, so I would say it was about 1973 that
it was completed.
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Senator Sangmeister.
SENATOR SANGMEISTER:
Wekl, my only remarks to that is to spend a half a million
dollars to do painting and...and what, there is anything
faulty in that building since 1973, we ought to be going back to
the contractor for some warranty on I think the expenditure
is unwarranted, myself.
Senator?
can't...l really don't know, Senator, but I don't think so.
I think itfs strictly remodeling ando.orepainting.
PRESIDING OFFICER: (SENATOR SAVICKAS)
Senator Carroll.
SENATOR CARROLL:
Thank you, Mr. President. To come to the aid of Senator
Shapiro; since we had a lot of testimony on the bill, think
we may have a few of the answers for you, Senator, soz..to help
you a little bit. First of all, the Fiscal Officer for the
Governor indicated, as would happen to any one of us with a
forty-five thousand square foot home, there has to be some main-
tenance done on the home on an annual basis. don't happen to
have a forty-five thousand square foot home, but I'm sure he's
right that these things do happen. There has been no maintenance
plan in any of the Governor's budgets to operate the Mansion and
do the necessary annual repairs that anyone does on a home. The
specific problems here are, in some cases, dangerous and hazardous
to people who are about and around the Mansion. They gave us a
book this thick that Capital Development had prepared on what the
defects were; they attempted to go after the contractors, the
guarantees had already lapsed as did the statutory time in which
action could be brought against these contractors; and that time
elapsed during the prior Governor's administration. In the case...
and they showed us around the place; it's absolutely amazing the
defective workmanship that went into the home of the people of
the State of Illinois. You cannot use the whole porch area or
itS ' stairway; the banister has entirely erroded, the bricks have
fallen out of the foundation of the banister: the wood is totally
warped. They never sealed the wood before they painted it; it's
really amazing, and to 1et it go any further could have a more
serious constructional defect occur in the home if we dondt, in
fact, fix up the brick and morA that has absolutely erroded away.
While I am.kooriginally opposed the idea, after having seen it and
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read the report, I think we have to support it, and admonish the
Governor that in his budget from here on in there has to be main-
tenance of the building that the people own on an annual basis,
which is not in the Fiscal '8l Budget either and should be.
PRESIDING OFFICER: (SENATOR SAVICKAS)
Further discussion? Senator Gitz.
PRESIDING OFFICER: (SENATOR SAVICKAS)
SENATOR GITZ:
When I looked at the CDB'S Scope Statement, noticed that
there is redecoration and new carpeting and new painting throughout
the Mansion; on the ground floor, the first floor, the second
floor. I did not have the same privilege as my honorable Chairman
of the Appropriations Committee to go through. Could you sort
ouE how much of this is redecoratinge or is the carpet ruined
in each case and the O t peelimg and gone, as opposed to that
which is repaired? have a second question, then.
PRESIDING OPFICER: (SENATOR SAVICKAS)
senator Shapiro.
SENATOR SHAPIRO:
Senator Gitz, on the advice of Staff, the best answer I can
give you that the exterior items which amount to a hundred and
eighty-two thousand seven hundred dollars, are for repairs, and
the rest of it, in the Executive Mansion, would be for re-
Painting and doing minor repair work on the inside like leaks
through the window casings, that sort of thing.
PRESIDING OFFICER: (SENATOR SAVICKAS)
This bill is on the Calendar as