Illinois Senate Floor Debate — April 13, 1994

The hour of noon havlng arrivedy the regular Session of the 88th General Assembly will please come to order. Will the Members please be ln their desks, and our guests in the gallery please rise. Todayy the prayer is glven by Evie Huber: First Church of God, Ashland: Illinois. Pastor Huber.

(Prayer by Pastor Huber) PRESIDENT PHILTPZ Reading of the Journal. Senator Dudycz. SENATOR DUDYCZ) Thank you, Mr. President. Mr. President, I move that reading and approval of the Journals of Monday, April llthy and Tuesdayr April l2thr in the year 1994, be postponed, pendlng arrival of the printed Journals.

Yeah. The -- the -- the Chair Will turn over the -- the President of the Senate will turn over the Chair to Senator Shadid and Senator Hawkinson, for the purpose of an lntroduction.

Thank you very much, fellow Senators. It gives me great pleasure, along with Senator Hawkinson, to honor the Double A Class High School Basketball Team, the Champions of the State of Illinois, our Manual Rams. It's been a great year for Manual High Schcol, and also Coach Van Scyoc. I'm sure youdre a11 aware he is now the wlnnlngest Coach in the history of high school basketball. I'd like -- I'd just like to briefly read part of *he resolution for Coach Van Scyoc. WHEREAS, Dick Van Scyoc r basketball coach at Manual High School in Peoria became the winningest high school coach in Illinois when the Manual Rams defeated East St. Louis Lincoln 74-617 and WHEREASp Coach Van Scyocis victories total 810 and broke the record set by the late Arthur L. Trout in Centralia. 1  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13r 1994 This is at forty-five years of coaching, and he 's still going strong. I give you Coach Van Scyoc who Will introduce his basketball team and the assistant coaches .

(Remarks and Introductions by Ccach Van Scyoc)

Coach , we al1 want to congratulate you and the Rams on a on a great season . And as someone from Galesburg - and Laura Donahue from Qulncy - We know al1 these freshmen and sophomores. You scare us again next year. So good luck and congratulatlons.

You know , we 're going to have our picture taken today here shortly, as you can notice the phctographer behind me. And We'11 stand at -- in recess untll everybody gets on the Floor, and we get the picture over With. And -- and I hope W1th -- anybody Within the -- the -- can hear me Would please cone up from their offices and get on the Ploor, so we can take this picture and get on with the work of the Senate. Five minutes. F'ine; we I11 give you five minutes. What -- what do you mean? Yeah. If you 're sitting in your office get up here; you 've got five minutes or you're not going to be in the picture. A1l right. (SENATE STANDS IN RECESS) (SENATE RECONVENES)

The Senate Will please come to order. Colmnittee Reports.

Senator Hawkinson r Chair of the Committee on Judiciary , 2  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13# 1994 reports Senate Amendment No. 1 to Senate Bill 1146 Be Approved for Consideration; Amendment 2 to Senate Bill 1513 Be Approved for Consideration; and Amendment 1 to Senate Bill 1516 Be Approved for I ' Consideration. Senator Woodyard, Chair of the Committee on Agriculture and Conservation, reports Senate Amendment 1 to Senate Bi11 1708 Be Adopted. Senator Madigan, Chair of the Committee on Insurance, Pensions and Licensed Activities, reports Senate Amendment 1 to Senate Bill 1328 Be Adopted; Amendment l to Senate Bi11 1448 Be Adcpted; and M endment l to Senate Bill 1706 Be Adopted . Senator Topinka , Chalr of the Conmlittee on Public Hea1th and Welfarer repcrts Senate Amendment 1 to Senate Bi11 l522 Be Adopted; and M endment l to Senate Bill 1747 Be Adopted. And Senator Maitland, Chair of the Com ittee on Approprlations , reports Senate Bills numbered 1754 y 1756 r 1758, 1759, 1760 , 1761, 1763, 1764 r 1765, 1767 , 1768 , 1769 # 1770 , 1772r 1774y 1775, 1762, 1777, 1778, 1779, 1780, 1781: 1783, 179 5: 1796, 1797, 1798 , 1801 and 1802 Do Pass .

Resolutions .

Senate Resolution 1243 is offered by Senator Shadid , as is Senate Resolution 1244, 1245, 1246 y 1247, 1248. l249 ls offered by Senator Lauzen and al1 Members . Senate Resolution 1250, by Senator Hall and a11 Members, as is Senate Resolution 1251. Senator Jones offers Senate Resolution 1252. Senate Resolution 1253 , by Senator Trotter r as is Senate Reso lution l254 . Senate Resolution 1255, by Senator Smith . Senator Watson offers Senate Resolution 1256 and 1257 . 3  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13r 1994 Senator Peterson offers Senate Resolution 1258. They're a11 congratulatory or death resolutionsr Mr. President.

consent Calendar. Senator Topinka, for What purpose do you rise?

Yes. Mr. Presidenty if it would be so to your pleasure, could you please change the sponsorship of Senate Bill 1228, which currently I'm sponsoring, to Senator Cronin, and then showing me as the joint sponsor.

Senator Topinka has moved to change the sponsorship of Senate Blll 1278 <sic> (1228) to Senator Cronin. There any objections? If not, so ordered. Resolutions.

Senate Resolutlon 1259 is offered by Senator O 'Malley. It's substantive.

Messages from the House.

A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wlt: Senate Bill 1037, together With the following amendmentsr whlch are attached, ln the adopEion of whlch I am instructed to ask the concurrence of the Senate, to Wit: House Amendments 1, l1# 12, 13, 14, 15, l6# 17 and 18. Passed the House, as amended, Aprtl l2thr 1994.

Itls the intent of the Chair to proceed to the Order of Constitutional Amendments on 2nd Reading. Please be informed that  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 1994 the Senate will proceed to the Order of Constitutional Amendments, 3rd Reading, for a final vote, probably tomorrow. And I emphasize once again, we will be voting on tomorrow. Now if the Membership wi1l please turn to page 17 on the Senate Calendar, Order of Constitutional Amendments, 2nd Reading. Mr. Secretary: please read the resoluttons.

Senate Joint Resolutton No. 72, Constltutional Amendment, as amended by Senate Amendment No. (Secretary reads SJRCA 72, as amended) 2nd Reading of the Resolutlon.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Weaver, for what purpose do you rise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Point of personal privilege. State your point.

Thank you, Madam President, Members of the Senate. In the President's Gallery We have a qroup of FAA Ksic> (FFA) members and their advisar from Rantoul High School. And behind the Republicans, in the gallery, are our group from FFA members from al1 over Champaign County and their advisors. I'd like to have the Senate welccme them.

PRESIDING OFFICER: (SENATOR GEO-KARIS) We Welcome you here. 3rd Reading. Senate Joint -- Senate -- House Jolnt Joint Senate Jolnt Resolution 72 is moved to 3rd Readinq. The intent of the Chatr is to now proceed to the Order of 2nd Reading. The Members are advised to turn to page 2 of the Calendar. At the top of page is the Order of Senate Bills 2nd Reading. Madam Secretary, will you proceed?

5  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13r 1994 Senate Bill 14 -- pardon me -- Senate Bl11 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adopted adopted Amendment No.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Has there been any Eloor amendments that have been approved for consideration?

Yes. Floor Amendnent No. was approved for consideratlon by the Committee on Rules.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Woodyard, to explain the amendment.

Yes. Thank you very much, Madam President and Members of the Senate. The amendment is purely technical, and -- and a1l does is clarify how the rates are to be inposed.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator -- is there any any discussion? Heartng none, Senator Woodyard noves the adoption of Amendment - What number is that, please? - Amendnent to bill a -- to Bill 141. Al1 those in favor, please signify by saying Aye. A1l those opposed, Nay. The Ayes have and the amendment ls adopted. Any further amendments?

No further amendments reported, Madam President.

FRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 454. Barkhausen. Madam Secretary, read the bill.

Senate Bill 454. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary offers 6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislattve Day Aprtl l3: 1994 Committee Amendnent -- adopted Committee Amendments l and 2. PRESIDING OFFICER: (SENATOR GEO-KARIS) Have there been any Floor amendments that have been approved for consideration? ACTING SECRETARY HAWKER: No further amendments reported, Madam President. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1110. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: ' ï Senate Bill 1110. ! I (Secretary reads title of bill) I 2nd Reading of the bill. The Committee on Judiciary adopted Commitkee Amendment No. 1. PRESIDING OFFICER: (SENATOR GEO-KARIS) Have there been any Floor amendments that have been approved 1 for consideration? ACTING SECRETARY HAWKER : No amendments reported, Madam President. PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1133. Senator Cullerton. Senate Bill 1147. Senator Hawkinson. Senate Bill 1153. Senator Dudycz. Madam Secretary , you '11 read the bill . ACTING SECRETARY HAWKER : Senate Bil1 l153. (Secretary reads title of bill) 2nd Reading of the bill. No ccnmtittee amendments. PRESIDING OFFICER: (SENATOR GEO-KARIS) Have there been any Floor amendnents that have been appraved for consideration? ACTING SECRETARY HAWKER : Floor Amendment No . ly offered by Senator Dudycz r was approved 7 ;  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 for consideration, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dudycz, would you like to explain the amendment?

Yes. Thank vyou, Madam President. The amendment was requested by the Judiciary -- the entire Judiciary Connlttee. It Would -- it would -- the amendment states that if imprlsonment ls imposed I on the defendant, that the community service sentence is not requlred. And thatls basically what it doesy and I will be more than happy to go into detail when we're on 3rd Reading.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Is there any discussion? Hearing none, Senator Dudycz moves the adoption of this amendment. A11 those in favor, please signify by saying Aye. A11 opposed, Nay. The Ayes have itr and the amendment is adcpted to Senate Bi11 1153. Any further i amendnents? ! i I ACTING SECRETARY HAWKER : I No further amendments reported, Madam Presldent.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 1165 . Senator Hendon . Madam Secreta ry .

Senate Bill 1165. (Secretary reads tltle of bill) 2nd Reading of the bill. No -- com ittee or Floor amendments reported.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 1168 . Senator Cronin. Sorry . Senator Demuzio, for what purpose do you rise? SENATOR DEMUZ10 : I request a Democratic Caucus.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 8  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 That's in order. The -- Senator Demuzio is requesting a Democratic Caucus. For how long? I

Well, as -- I'm toldy it may be an hour.

PRESIDING OFFICER: (SENATOR GEO-KARIS) You wish an hour for your caucus? The Senate Democrats have requested a Democrat caucus for an hour. It is now 1:25, and I You$11 have an hour. Meantime, Senator Phillp. Senator Phllip . I What purpose do you rise?

Thank you, Mr. President. I thought for some reason we had an agreement to do 2nd Readings, and -- and wait till We got to 3rd Readings and then have your caucus. Is that -- is that a problem?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Demuzio.

I think there are a number of bllls that are on 2nd Reading that Members had wanted to speak about in caucusr and I think this I next one is one of them . And so it's my understanding that we would like to go now for an hour and then come back.

PRESIDING OPFICER: (SENATOR GEO-XARIS) Senator Philip .

.. . lmicrophone cutoffl...is in order. That request is always in order. We intend on having a Republican Caucus tomcrrow morning between 8 and l0. Excuse me. 8:30 and 10. I stand corrected. So you're -- you're certainly more than welcome to your caucus.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Your request ls in order, and it's approved. The Senate will stand in recess until 2:30 p .m. I 9  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatlve Day April l3, 1994 ; (SENATE STANDS IN RECESS) ! (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR WEAVER) : If we could get the Membership back on the Floor, we'll beginning -- wedll be beqinning on 1168, Senator Cronin. Senator Ratca . Senator Toplnka. Senator Watson. Senator Dunn. Senator Cronin on the Floor? Senator Raica. ...tmicrophone cutoffl...Topinka. Senator Watson. Senator Thcmas Dunn, do you Wish to call 12117 Senator Topinkar did ycu Wish to read 1228? . .. tmicrophone cutoffl...carroll. Senator Molaro, on 1311. Do you wish the bl11 read? Senator DeLeo . Senator Watson. Senator Peterson. Senator DeAngelis, on 1339. Do you Wish the bill read? Senator Dillard . Senator Hawkinson, on 1357. Read the bill, Mr. Secretary.

Senate Bill 1357. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Carroll, on 1253. Did you wlsh the bill read? 1353 Ksic> (1253). Senator Carroll. Read the bill, Mr. Secretary.

Senate B1l1 1253. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.

PRESIDING OFFICER: (SENATOR WEAVER) I 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 Have there been any Floor amendments that have been approved : for consideratlon?

No further amendnents reported.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Hawkinson: on 1358. Read the bill, Mr. Secretary.

Senate Bill 1358. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendnents.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Topinka, on 1182. Do you Wish the bill read? Read the blll, Mr. Secretary.

Senate Bil1 1182. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government Operatlcns and Executive Appointments adopted Amendments 1, 2 and 3.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

Amendment No. 4, offered by Senator Topinka.

PRESIDING OFPICER: (SENATOR WEAVER) Senator Toplnka, to explain the amendment.

Al1 the amendment does is that it shows that any existent leases are not touched by this bill.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any further discussion? Senator Tcpinka moves the : 11  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 amendment be adopted. A11 in favor, signify by sayin: Aye. Opposed, Nay. The amendment's adopted. 3rd Readlng. Senator Peterson, did you wish 1328 to be read? Read the bill, Mr. Secretary.

Senate Bill 1328. (Secretary reads title of bill) 2nd Reading of the bill. No conmittee amendments.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any amendments filed for consideration?

Amendment No. 1, offered by Senator Peterson.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petersonr to explain the amendment.

Thank you, Mr. President. Senate Amendment 1 to Senate Bill 1328 makes several changes. The major change removes the civil liabllity aspects from the bill, maklng violatlons criminal offenses only. The amendment also makes underage drinking at private residences and hotels/motels ln violation of Section 6-16 a Class A misdemeanor. It basically updates the Section 6-16 in several references to legal drinking age eighteen to twenty-one.

PRESIDING OFEICER: (SENATOR WEAVER) Is there discusslon? If not, a11 in favor, slgnify by saying Aye. Opposedr Nay. The amendment's adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Watsonr on 1207. Do you wish the bill read? Read the bill, Mr. Secretary.

12  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 Senate Bi11 1207. (Secretary reads title of bill) 2nd Readlng of the bill. No committee or Eloor amendmentsr Mr. President. . PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 1323. Senator Watson. Read the bill: Mr. Secretary. SECRETARY HARRY: Senate Bill 1323. ' (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Educatian adopted Amendment No. 1. PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for conslderatlon? SECRETARY HARRY: Amendment No. 2, offered by Senator Watson. PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson, to explain the amendment. SENATOR WATSON: Yes. Thank you, Mr. President. Thls is strictly a technical amendment, and satisfies a drafting error. PRESIDING OFFICER: (SENATOR WEAVER) Any discussion? If not, Senator Watson mcves the adoption of Amendment No. 2 to Senate Bill -- Amendment No. 2 to Senate Bill 1323. Al1 in favory signify by saying Aye. Opposed, Nay. The amendmenk's adopted. Any further amendments? SECRETARY HARRY: No further amendments reportedy Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senate Bill 1365. Senator DeAnçelis. Read the bill, Mr. Secretary. I 13  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 SECRETARY HARRY: ! Senate Bill 1365. (Secretary reads title of bill) i 2nd Reading of the bill. The Committee on Revenue adopted l . Amendments l and 2. PRESIDING OFFICER: (SENATOR WEAVER) i Have there been any Floor amendments approved for conslderation? SECRETARY HARRY: No further amendments reported. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readinq. Senator O'Malley, did you wish 1401 called -- read? Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 1401. (Secretary reads title of bill) 2nd Reading of the blll. The Committee on Local Government and Elections adopted Connittee Amendment No. 1. PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendnénts approved for consideration? ACTING SECRETARY HAWKER : No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Fitzgerald, 1421? Read the bill: Madam Secretary. ACTING SECRETARY HAWKER : Senate Bill 1421. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. PRESIDING OFFICER: (SENATOR WEAVER) i 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Leglslative Day April 13, 1994 3rd Reading. Senator Barkhausen, on 1456. Do you Wish the bill read? Read the bill, Madam Secretary.

Senate Bill 1456. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendnents reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maitlandy on 1509. Read the bill, Madam Secretary.

Senate Bill 1509. lsecretary reads title of bill) 2nd Reading of the bill. The Committee on Revenue adcpted Committee Amendments 1 and 2.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

No amendments reported, Mr. Presidenk.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Dunn, on 1516. Read the billy Madam Secretary.

Senate Bill 1516. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

Floor Amendment No. 1, offered by Senator Dunn - Thcmas Dunn. 15  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatlve Day Aprll 13, 1994

PRESIDING OFFICER: (SENATOR WEAVER) Senator Thomas Dunn, to explain the amendment.

Thank you, Mr. Presldent. This bill amends the Child Sex Offender Registration Act. Under the current lawr a person who has been so convicted of violating a child must register for a period of ten years when he noves. Under this amendment, that ! individual would be obligated to register with the local police ; for life. This amendment also changes the violation provision of the Act. Under current law, it's a Class A misdemeanor, and under the change that I've initiated, it will become a Class 4 felony. It adds one more provision, and that is that probation shall be revoked if the offender violates any provisions of the Registration Act. So if the individual's out of prlson and he violates the Act, he ls going back to prison. Under -- the National Institute cf Mental Health reports that a molestation will victimize an average of one hundred -- a molester will vlctlmize an average of one hundred and seventeen children ln his lifetime. I think the time is right for this kind of strict watchdog effect on these type of offenders, and that's what the I amendment does. j PRESIDING OFFICER: (SENATOR WEAVER) I Is there discussion? If not, Senator Dunn noves the adoption of Amendment No. l to Senate Bl11 1516. Thcse in favor, signify by saying Aye. Oppcsed, Nay. The amendment's adopted. Any further anendments?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Karpiel, on 1528. Senator Trotter. Senator Jones. Senatar Watsonr on 1594. Senator Dunn - Thcmas Dunn - on 1598. Read the bill, Madam Secretary. 16  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994

Senate Bill 1598. (Secretary reads title of bill) 2nd Readlng of the bill. The Committee on Public Health and Welfare adopted Committee Amendment No. 1.

PRESIDING OPFICER: (SENKTOR WEAVER) Have there been any Floor amendments approved for consideration?

No amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Sieben. Senator Hallr on 1670. Read the bill, Madam Secretary.

Senate Bill 1670. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor anendments reported.

PRESIDING OEFICER: (SENATOR WEAVER) 3rd Reading. 1672. Senator Hall. Read the billy Madam Secretary.

Senate Bill 1672. (Secretary reads tttle of bill) 2nd Readtng of the bill. The Comnlttee on Executive adopted Committee Amendment No. 1.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? ACTING SECRETARY HAWKER) No amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) i 17  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 3rd Reading. Senator...tmicrophone cutoffl...senator O'Malley, on 1678. Read the bill, Madam Secretary.

Senate Bill 1678. (Secretary reads title of bill) 2nd Reading of the bill. The Ccmmittee on Education adopted j ! Committee Amendment No. 1. i PRESIDING OFFICER: (SENATOR WEAVER) E Have there been any Floor amendnents approved for consideration?

No amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) I 3rd Reading. Senator Dudycz, on 1701. Hold the bill. Senator Woodyard, on 1708. Read the bill, Madam Secretary. I j !

Senate Bill 1708. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee amendnents.

PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator Woodyard.

PRESIDING OFFICER: (SENATOR WEAVER) Senator yoodyard, to explain the anendment.

Thank you, Mr. President, Members of the Senate. This bill establishes the -- the Conservation Foundation Fund, and in committee there were reccmmendations in at least two areas that were addressed in the amendment. Number ane: the Board that would be appointed by the four Leaders and the Governor to i 18  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day Aprll 13, 1994 administer the Foundation Fund ln the Department of Conservation. Once those appointments are recommended by the Leaders and the Governor, they would automatically become the Board. That Was not present in the -- in the bill itself; it is now in the anendment. . ! The second thing: there was a -- a concern expressed by the i 1 Illinois Farm Bureauy as to Whether the Pund could be used for eminent domain. And also in the anendment We made sure that you couldn't use the Fund for the eminent domain. And wlth that, I Would move for adoption or whatever, of... PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? If not, Senator Woodyard noves the adoption of Amendment No. 1 to Senate Bill 1708. Those in favorr signify by saying Aye. Opposedr Nay . The Rotion -- the motion carries. And the amendment's adopted. Any further amendments? ACTING SECRETARY HAWKER : No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maitland, on 1733. Read the b1l1, Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 1733. (Secretary reads title of bill) 2nd Reading of the bill. The Commlttee on Transportation adopted Amendments l and 2. PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration? ACTING SECRETARY HAWKER: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Donahue, on 1746. Out of the record. There's a fiscal note request. Senator Barkhausen, on 1751. Do I 19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 you Wish the bill read? Out of the record. On the bottom of page : 5, Senate Bills 3rd Reading. This is final action, so... Senator Woodyard, on 393. Out of the record. Senator Karpielr on Senate Bill 630. Do you wish the bill called? Read the bill, Madan Secretary. '

Senate Bill 630. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senatcr Karpiel.

Thank you, Mr. President. Actuallyr this bill is a bill that Was requested by everyone involved in the Kerr-McGee situation, Which I'm sure you're a11 pretty sick of by now. But if you remember last, oh, about tWo years ago, we passed a bill that sald that Kerr-McGee Would have to pay a storage fee for every cublc foot of waste that they lefE on the property in West Chicago. They have -- they have put that money, thls year, into -- into a fund, but they're -- they are concerned that the State would use it for scmething else. So that What they are locking for is a continuing appropriation in a -- a certain fund - the Uranium and Thorium Mill Tailings Control Continuing Appropriation Act. There's no opposltion to this. Everybcdy's in favor of it: including Kerr-McGee, West Chicago, EPA , IDNS, Attorney General - everybody. So I Would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Karpiel -- the question is, shall Senate Bt11 630 pass. Those in favor Will 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 5l, the Nays are none. Senate Bill 630, I 20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 ! having received the constitutional majority, is declared passed. Senator Lapaille, on 1128 <sic>. Hold it. Out of the record. Senator Mahar, 1138. Read the bill, Madam Secretary.

Senate Bill 1138. ' (Secretary reads tltle of bill) 3rd Reading of the bill. '

PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar, to explain the bill.

Thank you, Mr. President and Members. This bill comes to us at the request of a former colleague of ours here in the Illinois Senate. It would require a landscape waste transfer station which holds landscape waste for no longer than twenty-four hours to obtain local zoning approval, but be exempt from local siting approval, or the 172 siting process. This is comparable to an exemption which we passed in the last year or twor for household hazardous waste collection centers. There was no opposition to this bill in committeer and I would ask for your support.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr Senator Mahar moves that House Bill -- Senate Bill 1138 pass. Those in favor Will signify by saying -- by voting Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 53r the Nays are none, none vctin: Present. Senate Bill 1138, having received the constituticnal majority, is declared passed. Senator Petka, on 1144. Ou* of the record. Senator Palmer, on 1149. Out of the record. Senator Stern, on 1159. Read the billr Madan Secretary.

Senate Bill 1159. (Secretary reads title of b1l1) 21  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatlve Day April 13, 1994 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senatcr Stern, to explain the bill.

Mr. President, Members of the Senate, this is a bill Which permits a company-owned car to bear a ham radio plate, provided the company is closely owned by a single indlvidual. It is I legislation for folks who care abcut ham radio, and folks who are rich enough to own thelr own company. The gentleman who requested it feels that having a ham radio plate is an advertisenent that he does public service: Someone's in trouble, someone's in an accident, they ask him , they see hlm on the road, and they ask him I FOC Mcii; ZZ6 6C IS Xble 60 Provlde it. He believes this is a ! I public-service function, and I'm inclined to agree With him . I I hope you wi11 support it With your vote. i I PRESIDING OFFICER: (SENATOR WEAVER) I j I Is there discussion? If not, the question is, shall Senate j Bi11 1159 pass. Those in favor will vote Aye. Those opposed Will i vote Nay. The voting is open. Have al1 vcted who Wish? Have a11 voted who wish? Take the record . On that questionr the Ayes are ' 53, the Nays are none . Senate Bill 1159 r having received the constitutional majority, is declared passed. Senator Petka, do you wish to recall Senate B(11 1206 for amendments? Senatcr Petka I seeks leave of the Body to return Senate Bill 1206 to the Order of 2nd Reading for the purpose of -- amendment. Hearing no objection, leave is granted. On *he Order of 2nd Reading is Senate Bill 1206. Mr. -- Madam Secretary, are there any Floor amendments approved for consideration?

Floor Amendment No. 1, offered by Senators Petka and Berman.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka, to explain the amendment. 22  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994

Thank you very muchz Mr. Speaker, Members of the -- Mr. President and Members of the Senate. Amendment No. l to Senate ! Bill 1206 addressed concerns that were raised in committee, in connection With the -- the btll - the underlying bill. What Amendment No. 1 does is basically state that a -- a police officer who has been certified to be tn physical health to perform hls i dutles on a police department - if in fact that is the case - that I he cannot be denied his riçht to participate in a police pension fund. currently, there is a dichotomy that exists where a person may be in fact appointed as a police offlcer for an extended period of time, and who for one reason or another has been excluded from participatlng in the pension process. We think this is unfair, and this amendment will -- Will clear that up.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, those in favor, signlfy by saying Aye. Opposedr Nay. The amendmentfs adopted. Any further amendments?

Amendment No . 2, offered by Senator Madigan.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan, to explain the amendment.

Thank you, Mr. President. Floor Amendment No. 2 to Senate Bill 1206 amends the Downstate and Suburban Firefighter Pension Article, Eo remove the age restriction and the tes: for physical fitness by the pension board. I'd be glad to answer any questions, and otherwise would ask for 1ts adoption.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If nctr a11 those in favor will signify by saying Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments? I 23  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 !

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Petkay do you Wish to call the bill on 3rd Reading? Madam Secretary, read the bill. .

Senate Blll 1206. (Secretary reads title of bl1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka, to explain the billr as amended.

Thank you again, Mr. President, Members of the Senate. As I explained during the 2nd Reading, thls bill would basically permit a police officer -- a number of police officers throughout the State who have been sworn in commission to perform police duties, to be eligible for the -- the police pension fund, once they have been certlfied that they can perform police duties. The amendment addressed concerns which were raised in -- in committee by the Municipal League and by Senator Berman. It was his request and his amendmen: that has become the bill. And I Would be happy to entertain any of your questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Berman.

Thank you, Mr. President. On a point of parlianentary inquiry. I'm supportive of this bill. I appreciate the amendments that have been put on, which I agree with. My question is that, this bill was amended five minutes agor this is -- we still got ten more days that we're going to be looking at 3rd Readings, why are we moving a bill on 3rd Readlng that was just amended today? Could you address that, please? 24  STATE OF ILLIHOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Leglslative Day April 1994

PRESIDING OFFICER: (SENATOR WEAVER) senator Berman, we have addressed these issues both ways. Had there been any controversy on the amendments, I would have passed over There being no controversy -- if the sponsor wishes to take it out of the recordy so be Had -- buty.l'm -- basically I'm saying, that had there been controversy on the amendments, we would not have considered right after being anended . Senator Berman.

Wellr very respectfully, Mr. Presidentr let me suggest if this Were the final day, I wouldn't raise this point. But there are amendments, and have agreed with Senator Petka. agreed With -- with the amendment that Senator Madigan offered. But you know many times vhat we agree upon, the next hour, somebody who is involved With this leglslation calls us up and says, nDo you know what you did?' And I would just suggest that since not the final day, if a bill is amended, even if it's agreed amendment, hold it at least for a day, till we move it for 3rd Readlng. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Petkar What's your desire?

The Gentleman's point is Well-taken; you can please take it out of the record.

PRESIDING OFFICER: (SENATOR WEAVER) Take it out of the record, Madam Secretary. Senator Dillard, on 1221. Do you wish the bill read? Read the bill, Madam Secretary.

Senate Bill 1221. (Secretary reads title of bill) 3rd Reading of *he bill.  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13r 1994

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard, to explain the bill.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill amends the Crime Victims Compensation Act, to say that the Court of Claims ''may'' - they don't have to, but Hmay'' - make an award or pay an award solely and directly to a vendor that has provided services to a crime victim. This bill passed out of here almost unanimously a year ago, but was subsequently amendatorlly vetoed by Governor Edgar for other reasons. And I would move its -- move its passage.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. First of all, I guess, if this bill was amendatorily vetoed last time by the Governor, seems strange that we're going to bring it back to give the Governor another shot at it. But: would the sponsor yield for a question, please?

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

Senator: how are we fixed in the Victims Crime Eund? Are -- are we willing to put more money into the victims crime bill -- fund in order to be able to accommodate this request? Number one - respond to that, and I have another couple of questions.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard.

First of all, Senator Jacobs; the Governor must have had bad staff of a year ago or so. But this has no impact on the amount of money in the Crime Victims Compensation Fund. It says instead 26  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day Aprll 13, 1994 of writing a check directly to a victim, it may go to a medical provider, and it has no -- no fiscal impact.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs. SENATOR JACOBS: ' But aren't we, in effect, with your legislation, Senator, removing - or changing, actually - the intent of the -- even the name of the bill - the Victims Rlghts Fund - from the standpoint that no longer will the money go to the victim; the moneyr ln fact, will go to a vendor. Are we now putting ourselves in the business of collecting money for hospitalsr or for other vendors, when in fact, the intent of the legislation is to ensure that the victim is compensated, not the hospltal or not the vendor?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard.

Well, first of all, Senator Jacobsr the hospital cr medical provider would have provided the services. But I would also submit that sometimes the medical provider may be a victim in their own riçht, in the fact that they provided these services and they don't get paid. And sometime literally, having been a former judge on the Court of Claims, I know that crlme victims may even - so to speak - extort, and not sign over their checks for these services that have been provided.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.

Welly it appears to me that, in many statesy Whenever you get down to the nitty-gritty, because there are vehicles available for the hospitals to go after the money, but there's no vehicle for the victim to be reimbursed: in many cases, the hospitals, at a later date, are willing to settle for a lesser amount of money. 27 '  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatlve Day APr11 13, 1994 And therefore, it seems to me that We are, in effect, diminishing I the -- the ability of this Act to do What lt's intended to do . And I think we should, in a11 candor, Senator, vote No on thls piece of legislation. PRESIDING OFFICER: (SENATOR WEAVER) ' Senator Carroll.

Thank you, Mr. President, Members of the Senate. If I can ask the sponsor a question. It -- lt seems as if the bill has been described, and since 1, am the original offer -- the original sponsor of the Crime Victims Conpensation Act. Did you also change the title of the Act to make it the Medical Providers Collection Agency Act? 'Cause it seems as if now, a1l this bill will do is to turn the crime victims program into naking the Court of Clalms the uncompensated collection agency for the medical providers. Have you also changed the title of the Act?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard.

No, Senator Carrollr I have not changed the title of the Act.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR WEAVER) He lndlcates he Nill.

My understanding is, from your bill, that if a victim doesn 't pay his or her medical bills, the court can ask that the award be paid directly to the person to whcn it's owed. Is that correct?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard . 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994

That is correct.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.

You you Wouldn't be the klnd of fellow to deprive someone of moneys that they have earned and that they've spent on the victim, would you?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard.

Of course not. I would never deprive anybody of thatr Geo.

PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, having worked on the Crime Victims Conpensation Act from its very beginningy and knowing that the sponsor is really true blue and is very kind and compassionate and wouldn't hurt anyone, I rise and support his bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.

Will the spcnsor yield?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would.

Does this bill change the process of applying for Crime Victims Compensation? In other wordsy as I understand itr the victim must apply for the compensation - goes to the Attorney General, then the Attorney General submits it to the -- to the Court of Claims. Is -- is that still the process even under thls 29  STATE OF ILLINOIS . 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 bill?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dlllard.

Senator Berman, that is still the process. A11 this allaws is -- and says that the court ''may'' - it doesn't say they have to - make an award directly to a provider, not necessarily a medlcal provider. And it doesn't change that application one bit.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson. Senator Berman. Excuse me.

Thank you. Senator Dillardr 1 know this is ycur first billr but I respectfully stand in opposition to thls bill. Let me tell you Why. If the victim understands the process that's spelled out in this bill, the victim will have very likely no incentive to proceed with the applicatlon for conpensation. And therefore, the people that are interested in thls bill - for example, hospitals or doctors who have rendered service - will get nothlng out of khis, because the crime victim has no interest in pursuing this elaim. Now, what will -- what happens today, I believe - correct ne if I'm Wrong...

PRESIDING OFFICER: (SENAQOR WEAVER) Have you finlshed?

.. . is that the crime victim may have substantial nedical bills, but he talks to the providers and he says, ''Look: We'l1 go forward, 1'11 get a check from the crime victims for ten thousand dollarsr 1et providers -- 1et me have four or five thousand, because of the pain, the injury, what I've gone throughr and hospitals, you take the other five.'' That Way, they Work it out between them, and everybody gets a piece of the action. This way, under this bill, the -- the court is golng to make the check 30 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 payable to the providers. The victlm isn't going to get any piece of it, and no one's gcing to ask for crime victims compensatlon. You're defeating, believe, the purpose of the Crime Victims Compensation Act. PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator Dillard, to close. SENATOR DILLARD: Again, Mr. President, Ladies and Gentlemen of the Senate, believe that this bill really does not change the Crime Victims Compensation Act in -- ln the method that Senator Berman has described. It allows the court in certain casesr and it says ''may''# not Hshall''# provide payment to medical vendors. And dcnct belleve that khls will have a major lmpac: on Ehe Crime Victlms Compensation Act. It will be a mincr change, when needed, in the discretion of the Court of Clalms itself. And again, this bill passed out of this Body overwhelmingly a year ago. And I would move its passage, Mr. President. PRESIDING OFPICER: (SENATOR WEAVER) The question is, shall Senate Bill 1221 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who Wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 30, the Nays are 19, 2 voting Present, 8 not voting. Senate Bill 1221, having received the constitutional majority, is declared passed. 1223. Senator Petka. Out af the record. Sgnator Woodyard, on 1230. Read Ehe billr Madam Secretary. ACTfNG SECRETARY HAWKER : Senate Bill 1230. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) 31  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 Senator Woodyard, to explain the bill.

Thank you, Mr. President, Members of the Senate. This bill Was brought to us as a recommendation from the Illinois Pork Producers, and it attempts to somewhat alleviate the prcblem of the interstate transportation of breeding livestock, or breeding svine, as well as -- as other hogsw of pseudorables. Pseudorabies is a very infectious disease in hogs that results in aborted pigs and so on. And this bill actually requires that before the interstate shipment of of hogs occurs that there must be a permit. It also allows for tattooing of -- of those hogs after they have been tested, so that the Department of Agriculture can track those. is supported by the Illinois Pork Producersr as well as the Purebred Breeders Association. And I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR WZAVER) Is there discussion? If not, the question is, shall Senate B111 1230 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have al1 voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 54, the Nays are none. Senate Bill 1230, having received the constitutional majcrity, is declared passed. Senator Shadidr on 1232. Read the billz Madam Seeretary.

Senate Bill 1232. (Secretary reads title of blll) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR WZAVER) Senator Shadid, to explain the bill.

Yes, Mr. President, thls -- Senate Bill 1232 amends the Code of Criminal Procedure, and it prohibits the court from releasing a 32 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3z 1994 defendant on his own recognizance if the person was charged with a criminal offense commltted with a gun tc those offenses which are vlolations of the Criminal Code. And I Would appreciate support of. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the question is, shall Senate Bill 1232 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting's open. Have a11 voted Who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 52, the Nays are none. Senate Bill 1232: having received the constitutional majority, is declared passed. 1233. Senator Shadid. Read the bill, Madam Secretary . ACTING SECRETARY HAWRER: Senate B111 1233. (Secretary reads title of b1l1) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator Shadid. SENATOR SHADID: Mr. Presldent, 1233 amends the Unified Code of Corrections. A defendank who violates his or her parole or mandatory supervised release by committtng a forcible felony While on parole or mandatory supervised release, shall serve the whole sentence for the origlnal offense and a sentence consecutive to the original sentence for the forcible felony. I would apprectate some support. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, Senator Shadid -- those will those in favor w111 vote Aye. Those oppcsed will vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are the Nays are none. Senate Bill 1233, havlng received ehe 33  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day Aprll 13, 1994 constitutional majority, is declared passed. Senator Geo-Karis, do you wish to bring back 1251 to the Order of 2nd Reading?

Yes. If I nay, please.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis seeks leave Eo return Senate Bill 1251 to the Order of 2nd Reading, for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1251. Senator Geo-Karis. Mr. Ksic> Secretaryr are there any Floor amendments approved for consideration?

Floor Amendment No. 1, offered by Senator Geo-Karis. END OF TAPE TAPE 2

PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis, to explain the amendment.

Mr. President and Ladies and Gentlemen of the Senate, Amendment No. l was recommended to me in order to clean it up and make it clear, and I move the passage of the amendment.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion of the amendment? If not, al1 those in favorr signify by saying Aye. Opposed, Nay. Motion carriesy and *he amendment is adopted . Are there further amendments?

No further amendments were reported, Mr. President. 34 '  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994

PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Hasara, on 1260? Out of the record. 12617 Read the bill, Madam Secretary.

Senate Bill 1261. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara: to explain the bill.

Thank you, Mr. President. Senate Bill 1261, as amended, simply codifies a reimbursement prccedure for federally qualified health centers that ls already the practice through the Department of Public Aid. Be glad to answer any questions, but would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If noty the question is, shall Senate Bill 1261 pass. Those in favor will vote Aye. Those opposed Will 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 53y the Nays are none. Senate Bill 1261, having received the constitutional majority, is declared passed. For What purpose does Senator Hendon arise? SENATOR HENDON) Yes. Thank you, Mr. President. I Was pushin: my button and it -- it didn't record. Could you -- I be recorded as voting Aye on that?

PRESIDING OFFICER: (SENATOR WEAVER) The record will so reflect.

Thank you very much.

PRESIDING OFFICER: (SENATOR WEAVER) 35  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 Senator Woodyard, on 1267? Read the bill, Madam Secretary.

Senate Bill 1267. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard .

Thank you, Mr. President and Members of the Senate. This bill was suggested by the Lamb and Wool Association and the Illinois Beef Council. Basically, it would put into the same context the type of checkoff referendum that would be allowed for the membership of and producers cf sheep and beef. It would allow them to vote on these checkoff referendums by mail. Their intent ls to kry to hold a referendum with their producers sometime in January of 1995, and that 's the reason for the need of the legislation.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not: the question lsr shall Senate Bill 1267 pass. Those ln favor, signify by voting Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 53, the Nays are none. Senate Bill 1267, having recelved the constltutional majority, is declared passed. 1274. Senator Watson? Out of the record. Senator Farley? Out of the record . Senator Thomas Dunn? 1285? Read the bill, Madam Secretary.

Senate Bill 1285. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Thomas Dunn. 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994

Thank you, Mr. President and Members. This amends the Counties Code, and it provides that nunlcipalities will be entitled to a ten-dollar prosecution fee for each conviction for a violation of a nontraffic ordinance that's been prosecuted by the village. . Examples would be vehicle inspections, inoperable motor vehicles, zoning violations, and nuisance violations. I submit that this is a -- a small amount that will help the villages and the municlpalities to recoup the cost of enforcing good, commonsense ordinances.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is: shall Senate Bill 1285 pass. Those in favor Will vote Aye. Those oppcsed, Nay. The voting's open. Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 5l# the Nays are 1, none voting Present. Senate Bill 1285, having received the required constitutional majority, is declared passed. 1286 <s1c>. Senator Mahar? Out of the record . 1313. Senator Cronin? Read the bill, Madam Secretary.

Senate Bill 1313. (Secretary reads title of bill) 3rd Readinç of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cronin.

Thank you, Mr. President, Ladies and Gentlemen of Ehe Senate. This bill seeks to update the Medical Practice Act to include limited liablllty companies. Those individuals or entities that seek to organize under the Limited Liability Conpany Act and -- to provide health care services now must come in with -- within compliance of the Medical Practice Act. This received unanimous 37  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 support, and I ask for your Aye vote. I'n happy to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the question is, shall Senate Bill 1313.pass. Those in favor Will vote Aye. Those opposed Will vote Nay. The voting is open. Have all voted Who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 53, the Nays are none. Senate Bill 1313, having received the requlred constitutional majorityy is declared passed. 1319. Senator Donahue? Out of the record. 1324. Senator DeAngelis. Out of the record. Senator Karpiely on 13267 Read the billr Madam Secretary.

Senate Bill 1326. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.

Thank you, Mr. President. Senate Bill 1326 establishes procedures for the Illlnois Commerce Commission to file a petition for receivership of a public utllity and to provide for a means of acquisition for that facility -- for that utility, if they are not providing the service that they are set up to do. There is no opposition to this bill with the amendment that Was put on in committee, and I would like to read just a short paragraph for legislative intent. I've spoken with the Commerce Commission staff and there is no reason to expect that the provislons of this bill would be invoked with a competitive carrier. In a truly competitive situation, other carriers are standing by to provide service to customers, so the Commission can simply revoke the operating authority of an offending carrier. This bill is needed 38  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day Aprll 13r 1994 to take care of situations in whlch day-to-day utility service would be interrupted to customers because of a utility failing to provide that service. I'd be glad to answer any questions.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the question is# shall Senate Bkll 1326 pass. Those in favor W(11 vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wish? Take the record. 0n that question, the Ayes are 53, the Nays are none. Senate Bill 1326, having received the required constitutional majority, is declared passed. 1329. Senator Peterson? Read the bill, Madam Secretary.

Senate Bill 1329. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Peterson.

Thank youe Mr. President. Senate Bill 1329 amends the Illinois Professional Land Surveyor Act of 1989. Makes issuing a map or plat or <sic> survey where the fee of professional services ls contingent on closing a real estate transaction grounds for disciplinary action. The bill simply adds a ground for disciplinary action when land surveyors engage in washout arrangements. ''Washout'' refers to the practice of some surveyors, mostly large companlesr of waiving fees for services when transactions fail to occur. This arrangement is profitable to high -- large, high-volume surveyors, and tends to rçstrict open-market conditions. Washcut arrangements are currently considered illegal under federal law, the Real Estate Settlement I I Procedure Act, Section 3500-14: When federally backed mortgage i loans are involved. The bill would add grounds for disciplinary 39  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 action under State law.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Berman.

Thank you, Mr. President. Ladies and Gentlemen of the Senate: I rise in opposition to this bill. I think it is somewhat interesting that this bill mandates a certain approach to the billing of services. This ls exactly opposite to free g enterprtse. What we're providing here ks that you must charge someone, where today, under existing law, if I want tc come and ' I'm a surveyor and I Want to make a survey and the person I Want j to render that service to says to me, ''ïou know: if the deal ë j ' I doesn't close, I'd like not to have to pay you; if it does close, l I'm Willing to pay yOu Some mare - yOu know: mlre than you 'd I otherwise charge me.'' That's good o1d collective bargalning. That's good o1d negotiating. That's good o1d free enterprise. z ! i donlt think We ought to change that, and I Would vote No on this bill. PRESIDING OEFICER: (SENATOR WEAVER) ; i Is there further discussion? If noty Senator Peterson, to close.

Thank you, Mr. President. I just would like to polnt out that by allowing this, you are freezing out the little entrepreneur - the person who is trying to make a living - in favor of the large groups Who can do this. And beyand that, if it was such a great thing, why is it banned - lllegal - under federal 1aw if a federally backed mortgage is involved? And this does not basically make it a mandated effect; it just says the Department I l may refuse to issue or restore a license or may revoke. It's not mandatory. I ask for your support on the passage of Senate Bi11 1329. 40  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994

PRESIDING OFFICER: (SENATOR WEAVER) The question isr shall Senate Bill 1329 pass. Those ln favor w1l1 vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted Who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 27: the Nays are 22, 2 voting Present. Senate Bill 1329, having falled to receive the constituttonal majority, is declared fatled. Senator Peterson.

Mr. Presidentr I ask for postponed consideration on this blll.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Peterson 's asked for postponed consideration on 1329. 1330. Senator Peterson. Do you wish the bill read? Read the bill, Madam Secretary.

Senate Bill 1330. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Peterson.

Thank you, Mr. President. This bill amends the Township Code to allow townshlp supervlsors in counties over three milllon to appoint a township attorney. Ncw only in townships in ccunties under three million is this done. The townshlp board shall the compensation of the township attorney. This initiatlve ls frcm the Township Officials. When this Section was last amendedr Cook County townships were left out, and this bill would restore that right to appolnt an attorney to the Cook County townships. ask for passage of Senate Bill 1330.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the question is, shall Senate 41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 Bill 1330 pass. Those favor will vote Aye. Opposedy Nay. The voting ls open. Have all voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 53, the Nays are none. Senate 3il1 1330, having received the constltuticnally required majority, ls declared passed. 1332. Senator Madigan. Read the bill, Madam Secretary.

Senate Bill 1332. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.

Thank you, Mr. President. Senate Bill 1332 is a revlslt of House Bt1l 1974, Whiah got a little heavy at the end of this last Session. Basically, Senate Bill 1332 would allow visiting professors to perforn or demonstrate techniques and authorize temporary permit to these individuals under the Medical Practice Act tf they perform emergency surgery. That is the same as House Si11 1974, which didn't have any problems. But in addition to thatz Senate Bill 1332 would allcw or make provision for doctors who are licensed in other states to perform requested procedures they meet the current Illinois Medical Practice Act requirements, and would allow them to operate under a temporary permlt. I would be glad to answer any questions on Senate Bill 1332.

PRESIDING OPFICER: (SENATOR WEAVER) there discussion? If not, the question is, shall Senate Bi1l 1332 pass. Those ln favor will voEe Aye. Opposedg Nay. The voting's open. Have all voted Who Wish? Have al1 voted who Wish? Take the record. On that question, the Ayes are 52, the Nays are none. Senate Bill 1332, having received the constitutional 42  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Leglslative Day April l3, 1994 majority, is declared passed. 1336. Senator DeAngelis. Read the bill, Madam Secretary.

Senate Bill 1336. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Currently: property tax owners <sic> in the State of Illinois, if they are dissatisfied With their appeal of their assessment, they go to the State's Property Tax Appeal Board, except for Cook County . In Cook County, they must go to the circuit coure. This bill glves the residents of Cook County the same privileges and opportunities that the rest of *he citizens of the State of Illinois enjoy. As amended -- there is an amendment that lowers the burden of proof on an -- on an assessment for the taxpayer in circuit court from constructive fraud to the preponderance of evidence.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Palmer. Can you clear the aisle in front of Senator Palmer, Gentlemen?

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

PRESIDING OFFICER: (SENATOR WEAVER) He indicates he uould yield.

Senator DeAngelis, we discussed this extensively in committee, and I just Want to review with you sone of the issues that Were raised. Now , according to my analysts - and I would ask that you confirm this the PTAB currently handles on the average of seven tbousand or so cases. Is that correct? 43  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: don't know, but I would assume y/ur numbers are correet. Yes.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

According to my analysis, the Cook County Board of Tax Appeals has already heard more than sixty-five thousand cases in the last two years. The poine T'm gettinç at is there is a discrepancy here in asking a smaller bcdy to handle almost three times or more the volume that the process is already handling. And one last question: wish that you would also address the matter of how much thls witl cost, because accordlng to our analysis, this Wl11 cost at least three tines the money that is currently needed for such admlnistration.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Well, first of all, Senator Palmer, you're not comparing apples to apples. The sixty-five thousand cases you're talking about are those that go to the Board of Appeals. They would still go there. This is what happens after they've been to the Board of Appeals. Right nowr when they go to the Board of Appeals, they have to go to circuît court after that. With fhis bill, as T said, they're allowed the same privilege as the rest of the citizens: They could go to the Property Tax Appeal Bcard . And frankly, I'm a little dismayed that you from Cook County Would be concerned about a cost to your citlzens, who are overburdened With property taxes, and you want to deny them a step in the process tbat the rest of the Stabe has. I don't think that's any cause at 44  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 a11 tc be concerned about what the cost may be.

PRESIDING OPFICER: (SENATOR WEAVER) Senator Palmer. I SENATOR PALMER: I Thank your Mr. Chairman. IWishthatWehadhadthatsame . 1 sentiment on the schools: but be that as it may, the fact is -- to the bill: The fact ks that there is a request now to the State budget of l.5 million dollars, and the current request from PTAB is seven hundred and forty thousand dollars for the Fiscal Year 1995. So I would suggest that we oppose this bill on any number of measures: first of all, that it puts -- it nay sound seductive, but i*, in fact, establishes another layer of administration; it is gcin: to cost us three or four times as much; and in point of fact, there is a process in place that is adequately dealing with this issue.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz.

Well, thank you, Mr. President. First, I'd like to ask the sponsor a question, because...

PRESIDING OFFICER: (SENATOR WEAVER) He...

. .. it was brought to our attention by Senator Palmer that sixty-five thousand appeals Were heard by the Cook County Board of Tax Appeals. I1d just like to know, is there -- is there anybody in this Body, whether the sponsor or Senator Palmer, and do you know how many of those sixty-five thousand cases were finally appealed to the circuit court of Cook County?

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. I SENATOR DeANGELIS: 45  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! zcard Legiszative oay April z3, 1994 ! I don't know, senator Dudycz, but it would be far less than sixty-.five thousand . ' i

PRESIDING OFFICER: (SENATOR WEAVER) senator Dudycz. SENATOR DUDYCZ: ' Well then, I -- I don't -- I don't understand why -- at least Why anybody fron Cook County Would be opposed to this blll. I disagree with Senator Palmer when she says that this just adds another layer of administration. I think What this does is add another measure of protection for the Cook County property tax cwner <sic>, where they can go beyond the Cook County Board of Tax Appeal and exercise the rlght that every other taxpayer in the State of Illinois has, and that is tc be able to appeal it to the State Board of Tax Appeals. And I think thak at least -- at least those of us in Cook County should unanimously support this bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.

Thank you, Mr. President. I'd llke to ask the sponsor a question.

PRESIDING OPPICER: (SENATOR WEAVER) He indicates he would yield.

Senator DeAngelis, What is your estimate of what this bill Nill cost, and who is going to pay it?

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Senator Welch, I don't know. But 1et me tell you, investing in justice is a fair -- fair expense.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman. 46  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatlve Day April 13, 1994

That's a tough act to followy Mr. Prestdent. Thank you. I i stand in opposition to this bill. And if youdll look at your I analysesr ysu will find that I supported this bill in committee; but I didn't understand it. And let me tell you What I've learned ' slnce. The overwhelning majority -- and in the tine span that Was i involved, I could not get you any specific statlstics. A number that was given to me was around eighty percent. And what that I 1 eighty percent means is that in the admlnistratlve processes that presently exist for homeowners - residential property owners in Cook County - an -- an administrative process in the Assessor's Office and the appeals process to the Board of Tax Appeals - eighty percent of tbe property owners of real -- cf residential real estate get a satisfactory -- get a -- get relief in that process. This bill is not for homeowners. And if -- if you live tn Cook Ccunty, I want you to listen to thisy because thks is going to be a great issue in your next campaign. This bill is for the -- is for the commercial and industrial property owners in Cook County, and the reason for that - the reason for that - is because they want to change the rules that they have been operating under for manyr many years. And I Will tell you what those rules are under this bill, as amended. When -- if we pass this bill, the resldential real estate people who are already taken care of, more or less - substantially taken care of - theylre not going to be affected. It's the buslness people - commercial and industrial owners - that Will use this bill to go to the circuit court or the Property Tax Appeals Board to get their real estate taxes lowered. When their taxes are lowered, your neighbors owning homes are going to have ko pay the difference. NoW that's the rationale of the bill. Let me tell you what the legal defect ls of the bill. The amendment -- and I ask you to bear with me for a minute, because I hope I explain it i 47  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislaktve Day April 13r 1994 i in an understandable way; it gets very technical. The amendment : says, on line 11r that the appeal shall be, quote, Hbased upon a E Preponderance of the evidence and not upon constructive fraud'', f unquote. Ladies and Gentlemen, that is a meaningless sentence. If this bill passes with that sentence in this bill as .is, the : entire process of real estate taxes in Ccok County may be - may be - in jeopardy. Let me try to explain to you why. The present standard of appeals requires the appellant - the person who ls the property owner - to prove that the assessment was imposed by constructive fraud, which means that there Was a willfulness on the part of the assessor to wrongly make the assessment. There's like a -- like a -- a viciousness, that a -- a purposeful, to gtve you a million-dollar assessment when the assessor knew that your pzoperty is only worth a half a million. Well, that's very -- that's -- that's a very, very, very difficult standard to prove. I give you -- I admit that. However, that is a substantive standard. Even though I don't agree With it, it's a -- substantive standard: constructive fraud. If we were going to make a change that was meaningfulr we perhaps could say -- instead of constructive fraud, ue could say a variatian in excess of thirty percent, in excess of forty percent, et cetera. And that ? would make nore sense. But the problem With this amendment is that they are substituting a measure of burden of proof for an objective standard. Preponderance of the evidence is not an objective standard. Burden -- preponderance of the evidence is the weight that the appellant has, khe amount of testimony that I must be submitted to establish their standard. Let me try to explain it.

PRESIDING OFPICER: (SENATOR WEAVER) Senator Berman: would you be a little more concise? I

1'11 try. I -- and that's why I asked for your -- for your / 48  STATE OP ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT ! 103rd Legislative Day April l3, 1994 ; forbearance, Mr. President. Thank you. If I'm this -- if I'm the : prcsecutlng attorney -- if I'm the assistant State's attorney in a criminal case, I have to prove beyond a reasonable doubt that a I . i murder was convicted Isicl by Mr. X. The burden of prcof is beyond a reasonable doubt. The matter -- the question of fact is, i did he commit murder. If I -- if it's a civil case, f go by -- by a preponderance of the evidence: more correct than not correct. That's fifty percent plus one. But that's the measure of the ; burden of proof. That's not what I have to prove. The amendment erroneously does not tell us what the taxpayer must prove kn order to prevail. It's erroneous amendment. It Nill throw the entire process of appeals up in the air. Whoever did it was misdirected, because you are not setting a standard. Youdre changing a standard for a burden of proof. Those are apples and oranges. You are not setting forth what the facts are that mustr in factr be shown by the taxpayer. I hope I've explained to you what the defect is in this. It's not easy to explainw but -- but a11 in ally thls bill is not good for homeowners, and lt's not good for the entire tax system of Cook County. I Would urge a No vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senakor Hawkinscn.

Thank you, Mr. President. I don't agree entlrely with the last speaker kn phrastng itr and it is a difficult subject to phrase, but perhaps I can ask the sponsor if ny understanding of this is correct. And I'm concerned about the amendment also, not just for Cook County, because I think this -- the amendment applies statewlde, as I -- as I understand it. I think this would wipe out our -- our current tax assessment and appeal process. because under a preponderance of the evidence test, you dre going to rehear the case in circuit court. Anybody wbo loses before the assessor or before the Propêrty Tax Appeal Board is gcing to go to 49  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3r 1994 court - they'd be crazy not to - because they can retry the case. 1, hokever, also , I think, agree Wëth the bilt's spcnsor that constructive fraud is too tough a standard. I've seen a number of cases, both in my days as State 's attorney and -- and since, when you have to advise people, ''You really have no recoursew because going to court ks going to be impossible because constructive fraud is simply too difficult a standard to meet.'' It doesn 't necessarily require willfulness, but kt requires such an egregkous difference that, as a matter of fact, a homeowner has an almost impossible ttme to to breach kt. As a consequence nowr nobody goes to circuit court, except in unusual circumstances. However, by going to the very lowest burden of proof, which is a preponderance of the evidence, everybody 's going to go to ccurt. So your Statels -- your local Statess attorneys are going to end up spending half their time in circuit court on property tax cases. It's a lawyers' employment bill for the plaintiffs' bar, I suppose. I think there's a middle ground that could be reached on this: if they'd be willing to reconsider and perhaps offer another amendment, and that would be the standard that we use when we revieu agency determinationsr and that is that the determination of the fact-finding body Would be given Weighk, and it would be overturned only Wben you could show, in the circuit court, that it's against the manifest weight of the evidence, Which is commonly the standard that is used for the Industrlal Commisslon or many other administrative hearings. And I think if we'd be uilling to do that, we could improve the current system without really dramatically impacting our property tax appeals. So I -- I wish the sponsor would consider that klnd of -- of an approach, instead of this.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: 50  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1û3rd Legislative Day April l3, 1994 T will take the bill out of the record and consider that E anendment, since We have enough time to go ahead and act on it. I

PRESIDING OFFICER: (SENATOR WEAVER) Take ih out of the record. Senaeor Sieben, on 1344. Out of the record. Senator Carroll, on 1346. Read the bill, Madam Secretary.

Senate 3ill 1346. (Secretary reads tltle of bi11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll.

Thank you, Mr. President and Menbers of the Senate. Senate Bill 1346 is merely to allow cemeteries that are not already religious cemeteries - be they municipal, private or any other type of ownership - to set aside a area of that cemetery to be used for some group for religkous burial and not violate any other State law . As long as they do not dlscriminate on the basis of race, creed or national origin, this would allow them the burial taol, as well as the sales ability, to set aside - such as here in Springfield - a sectlon to be used where, because of religious conslderations, people, by religious belief, want to be buried together. I Would answer any questions, and ask for a favorable roll call.

PRESIDING OFPICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 1346 pass. Al1 those in favor, vote Aye. Opposed, Nay. The vcting is open. Have all voted who wish? Have a1l voted Who ! wish? Take the record. On that question, the Ayes are 52, the Nays are none. Senate Bill 1346, having received the constitutional majority: is declared passed. Senatcr Burzynski, 51  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 I on 1367. Read the bill, Madam Secretary. ACTINGSECRETARYHAWKER: 1 Senate Bill 1367. lsecretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

Thank you, Mr. President, Members of the Senate. This bill corrects a recodification of the Municipal Code that Was done in May -- or effective May 13th, 1993, whereby the municipal treasurers were able to be appointed by the mayor of municipalities with any size population. This corrects that, takes it back down to the original Statute of ten -- less than ten thousand inhabitants. In addition to that, there ls one amendment that has been added to the bill that would allow nunicipalities to annex over conservation districts, the same Nay they currently can annex over downstate forest preserve dlstricts.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the question isf shall Senate Bill 1367 pass. Those ln favor will vote Aye. Opposed, Nay. Voting is open. Have all voted who Wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 49, the Nays are 2. Senate Bill 1367, having received the constltutional majority, ls declared passed. 1369. Senator Topinka. Read the bill, Madam Secretary.

Senate Bill 1369. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Toplnka . I 52  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatize Day April l3, 1994

Mr. President and Ladies and Gentlemen of the Senater this bikl amends the Cannabis and Controlled Substances Tax Act to allow the State 's attorney to enforce the drug *ax on violations within their county. It would give thirty percent of any of that tax and penalties collected by the State's attorney to the county, and seventy percent would go to the State. The b111 also amends the Criminal Code to allow for the forfeiture of a notor vehicle used in the commission of a stalklng violation, and also amends the Code of Corrections to expedite civil actions against inmates in the Departnent of Corrections for the cost of their incarceration. I know of no opponents. I would seek a favorable roll call.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If -- Senator Palner.

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

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

Senator Topinka, you just said there were no opponents to this. Our analysis says that the Cook County Public Defender's Office is opposed.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

We donlt show that.

PRESIDING OFPICER: (SENATOR WEAVER) Any further questions? Senator Berman.

m.. tmicrophone cutoffl...yield? Would the sponscr yield?

PRESIDING OFFICER: (SENATOR WEAVER) 53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 She indicates she will yield.

The seizure provision regarding stalking: If -- if I'm driving a car and I'm stalking you, when would my car be seized? When I'm arrested? Or after I'm convicted?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka. Senator Topknka.

We will have that answer for you momentarily.

PRESIDING OFFICER: (SENATOR WEAVER) Any further questions, Senator Berman? Senator Topinka.

Tt would be seized upon arresty and then the State 's attorney kould be able to file later.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.

Wellr let me make some comments, and I hope the sponsor would -- would respond to them. Stalking -- we've passed a law, and I think virtually a1l of us supported the anti-stalkkng law , and it's a very strong law, because it also involves detention of the accused and some very quick bond hearings, and I've supported Ehat. Now what Wefre dolng here is saying that - if I understand you correctly, Madam Sponsor is that lf you accuse me of stalking you and I'm stalking you With a car I'n following you down the street; you see me; you don't -- you think I'm stalking you - you think I'm stalking you; you stop a police car and you say, ''That fellow driving behind me is stalking mey'' the police officer stops me, can arrest ne for stalking and takes my car. It just seems to me -- I'm not sure why we're doing this. And a1l of this is before any trial. Could you -- let me change that into a question of the sponsor. Why what's the purpose of this? 54  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

Well, in -- in the Section of -- af the Illinois State Statutes on seizure, there are already numerous times that we use this provision. So# in effect, we are tracking eurrent law.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Molaro.

.. . lmicrophone cutoffl...you. Thank you, Mr. President. The part that I'm Worried about when we talk about seizure this is Sectlon -- Section 10 of the Act, page 2, guess. It saysy ''Any vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commlssion of, or in the attempt to commit...'l So the language is a little amblguous to me, meaning that used with the knowledge of consent of the owner, meanlng that I Would - - I knowingly and consensually gave the person ny car, but Was not sure -- I had no idea that they were going to use it to stalk scmeone, but they did have lt with my consent.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka .

There is protection for innocent owners in the Actr and what you are saying is current law .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Molara.

But would it be where they would take the car and now have to go get it back? I mean, Would be -- or is that a defense that would have to be given later? Because what I'm gettinç at would be that, you know -- and stalking is such a a private type of a -- a crime, in the sense that it's very emotional, and 55  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 most kids that are losing it over Women, theybre not going to tell their parents, ''Give me your car; I'm going to go stalk this girl.'' Or if you give it ta a friend, ''IIm golng to go stalking.'' So you give them the car; they go out and they stalk: and a1l of a sudden, the State's attorney has my car and I'm going to have to grab some lawyer and pay him a ton of money, or whatever it's going to cost me, to go get my Car back.

PRESIDING OFFICER: (SEXATOR WEAVER) Senator Topinka.

There is provision against those who -- who would be innocent owners of this car, and if they produce evkdence to the State's attorney, that car would be released immediately.

PRESIDING OFFICER: (SENATOR WEAVER) Are you through, Senator Molaro? Senator Molaro, turn on your light when you wish to speak, please.

You know -- oh. Thank you. PRESfDING OFFICER: (SENATOR WEAVER) Thank you.

0ne one last thing, however. You know, and -- and drug charges, obviously, is slmilar in the sense that if it was used and you dldn 't know about lt, you could come in and show that lt Was yours and you had no knowledge of but it's a court proceedkng. I've never heard of a tine where, you knaw, I could just come in and say, ''Hey, didn't know about it'', and you leave it to the whim of the State's attorney to decide whether or not I can have my car back.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Topinka.

56  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Leglslative Day Aprll 13, 1994 Yeah . If I may read, it's in the Act currently, and it says: i ' fThe State'sAèeorney shallpromptly releasea vessel,vehicle or ( ( aircraft seized under the provisions of this Article to any ltenholder or secured party whose right, title or interest is of ' record as described in Section 36-1 if such lienholder or secured party shows to the State 's Attorney that his lien or secured interest is bona fide and was created without actual knowledge that such vessel, vehicle or aircraft was used or to be used in the commission of the offense charged .'' PRESIDING OEFICER: (SENATOR WEAVER) Senator Berman, for the second time. SENATOR BERMAN: Thank you, Mr. Presldent. Ladies and Gentlemen, I'm dlsturbed by this bill, and let me tell you why. You are -- under the present law, a car can be seized when, I would suggest to you, the person driving it is committing a clear and -- clear crime involving that car. For example: I'm carrying drugs in the car; I'm carrying explosives in the car; I'm carrying nontaxed cigarettes in the car. I'm driving the car; I know those things are in the car; and we have a policy that that car is -- is being used for that crime . I Would suggest to you that the crine of stalklng -- the charge of the crlme of stalking - the charge of the crlme of stalking - is less objective, less strong, than is the other types of crimes that give rise to the confiscation of the car. What you are doing here is imposlng a burden. You have a child -- fcrget -- strike the kord child. You have a teenager who's driving your car, and you don't know about it, but he's got a -- an ex-glrlfriend that's upset with him, and she charges him with stalking when he fs driving your car. You 're going to have to go down, file a petition to get that car released. If you sign an i affidavit that the sponsor just read about, and the State's attorney doesn't believe you: you're out your car. I just -- now 57  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT i 103rd Legislative Day April 13, 1994 I I don't understand why we must do this in order to protect people who are the subjects of stalking. This sounds like a very onerous provision. It disturbs me. I urge a No vote. PRESIDING OFEICER: (SENATOR MAITLAND) . Further discusslon? Senator Dunn. SENATOR T. DUNN : Thank you, Mr. President. Questlon of the sponsor. PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yield, Senator Dunn. SENATOR T. DUNN : senator, let's assume that the individual was, in fact, committing a stalking act. What would be the purpose of seizing the car, since you also have to presume that the individual has gone dlrectly to jail upon the court making a finding that stalking has occurred? That individual is going to probably -- be in jail on -- on a no-bail offense or, second, under such strictures that he would not be permttted to be within the proverbial country mile of that individual, Whether it be in his car, her car or anybody else's car. PRESIDING OFFICER: (SENATOR MATTLAND) Senator Topinka. SENATOR TOPINKA: Right now the law covers murderers and other crimes significantly greater than stalkingr and theoretically we -- you knowy we can -- they forfeit thelr car, although they may be going to jail. So this just follows. Plus, you know, in -- in -- just ln response to a further questëon, the car has to be used in the commlssion of the stalking, and the owner has to knowingly allow that car to have been used; otherwise, there are numerous protections which keeps the owner of the car out of -- cut of the system. PRESIDING OPFICER: (SENATOR MAITLAND) I 58  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatlve Day April 13, 1994 Senator Tom Dunn.

Thank you. What if the carfs in joint ownership?

PRESIDING OFFICEN: (SENATOR MATTLAND) Senator Topinka.

In joint ownership, it would be our opinion that the car is protected and -- and would follow the -- the ability again to -- to go to the State's attorney 's office and show that ownershlp and the fact that the co-owner was not involved in the commission of that car <sic>, and the car would be released .

PRESIDING OFFICER: (SENATOR MAITLAND) Senatar Tom Dunn.

So you're you're -- youfre placing a burden then on the individual who is a co-owner of the vehicle, who is not a wrangdoerr that he or she must go and hire a lavyer and -- you know, your intent is good, Senator. don't think that there's anybody here that wants to facilitate or help an individual commit a stalktng cffense. But youîre -- youfce it's a little bkt like -- you know, you nentioned that We seize nurderers' cars. You knou, it's a little bit like seizing John Gacy 's car. mean, he's a convicted murderer; he's not going anywhere; he 's not driving anywhere. And I Would submit to your neither -- neither is the stalking person. Ycu wanted to ask a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Topinka .

I would just point out, and I I appreciate the dialogue on this issue, but everything that you are referring to is current law. covers a1l of these other offenses: mean a11 of the safeguards, a11 of the provisionsz al1 of the commissionings. 59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 This just tracks and follows current law. So if you have an objection, you would have to have an objectlon to our doing this to murderers, to kidnappers, to, you knowr people who assault, and a11 others for which this 1aw applies.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Tom Dunn.

Well, understand the -- the good intent of -- of what you're attempting to do, but I think -- think thls needs more work, in terns of due process and providing that a co-owner would not be obligated to go hire a lawyer and jump through a11 the leqal hoops to get their car back because of the Wronsdoing of Som eone .

PRESIDING OFFICER: (SENATOR MAITLAND) Further dlscussion? Senator Hasara.

Thank your Mr. President. really having difficulty understandlng the debate on this issue. This is part of a crime package. think we a11 know that our constituents are telling us this year to do something about crime. And this, to me: seems very logical, to be abley in the case of a stalking offense, to allow for the forfeiture of the motor vehicle involved. Granted there may be a few cases where the -- the perpetrator of the crime ls uslng someone else's car. People are sued every day unjustly and have to hire a lawyer and go into court and prove that they dre lnnocent. think we have to remember What Wedre trying to do here, and that is to punish the stalker. And T've heard so little said about the victim of the stalker and what's happening to that person. So let's not forget the real intent of this bill, and cannot believe all the negative things that I'm hearing in this discussion. I think Welre missing the point of the bill, and also the mark of what we're trying to do. 60  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY . REGULAR SESSION . SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994

PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Senator Fawell.

Thank you very much. As the -- as the original sponsor of the stalker bill, I Will tell you that, in effect, the -- the stalker that ended up killing a constituent of mkne Was indeed using a car. In fact he was using the car as a weapon. He tried to run i down the young man twice, and when the father went to the courts and pointed that out, unfortunately, there was nothing that could be done, because he missed. It wasn't thrcugh lack of trying though. And when he finally dld catch up with him and bashed his brains out with a baseball bat, it was a little late. 1 think I this is a good bill, and I think we should, indeed, pass it.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Topinka, to i close.

You know, I -- I realize that there 's been much discussion on this bill, and you knowr if there needs to be clarification, 1'11 be happy to take tt out cf the record and come back to this. Well, okay. If we're going to go with it, I Would seek your favorable support. I think those who have spoken positively to it bring up the fact that -- a1l we have done is added two new offenses to a preexistent forfelture Statute which covers all 5 i other offenses, has al1 the protectlons, has everything -- it's been Worked out over the years t11l we have a very, very good protective statute. We don't overlock anything and just add these I two neW offenses. And stalking has beccme a major offense, and it scares the daylights out of our pecple. So I really would hope that -- that we would start thinking of the victim. There are many fearful, fearful people, and I -- just speaking as a Woman, I've got to tell you, it's something that 1 think would make us all 61  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 sleep a little bit better at night. And I Would seek your favorable rcll call.

PRESIDING OFFICER: (SENATOR MAITLAND) The question 1s, shall Senate Bill 1369 pass. Those in favor Will vote Aye. Opposed, vote Nay. The voting ls open. Have all voted Who wish? Have a11 voted who wlsh? Have a11 voted who wish? Take the record, Madam Secretary. On that question, there are 36 Ayesy 11 Nays, 3 Members voting Present. Senate Bill 1369, having received the required constitutional majorityr is declared passed. Senate Bill 1376. Senator Fawell. Read the bill: Madam Secretary.

Senate Bill 1376. (Secretary reads Eitle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.

Thank you very much. This is a little easier one. This is an agreed bill. It has been worked on for the last year and a half by a11 parties involved. Basically, What it does, it amends the Emergency Management Agency Act and -- and alloes the emergency management programs wtthin the political boundaries to use volunteers. That's really what the bill does. And would ask for your support, will be willing to answer any questions.

PRESIDING OFFICER: (GENATOR MAITLAND) Is there discussion? Is there dlscussion? If notz the question isy shall Senate Bl1l 1376 pass. Those in favor Will vote Aye. Opposed, Nay. The voting ts open. Have all voted Who wish? Have al1 voted who wish? Have a1l voted Who Wish? Take the record, Madam Secretary. On that questionr there are 53 Ayes, no Nays, no Members voting Present. Senate Bill 1376: having 62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 FPCPIVPd hhe fequlred Consbitutional majority, is declared passed. i Senate Bill 1386. Senator Petka. Read the bill, Madam Secretary. :

Senate Bill 1386. (Secretary reads title of bill) 3rd Reading of the btll. !

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Thank you, Mr. President, Members of the Senate. Senate Bill 1386 would prohibit the Citizens Utility Board from marketing, selling or providing any service Which is provided by a public utility. The amendment, which Was adopted in committeey Would further provide that any person or entity offering or providing telecommunication service through the use of servlces or facilities owned or provided by a telecommunications carrler to the deflnition of the public utility -- of a public utility in the Citlzens Utility Board Act. The genesis of this bill is very sinple: In the fall of 1993, the CUB News: through advertising circulars, began advertising and offering a new long-distance phone service known as the Affinity Fund. The -- the scam Was basically that the customers of CUB would be -- would -- would be required or would -- would be permitted if they chose to leave Sprint, MCI or AT&T and join up With Affinity Fund, that they Would receive monies through relmbursement or rebate in -- in the amount of five percent. At the time that this was going down, the Affinity Fund was not licensed to dc business in the State of Illinoisr and had its charter revoked . In committee, there was some representations that were made that the license, in fact, kas in good standing, but as of today, this organization still is not in good standing in the State of Illinois, and is not licensed to do business here. The -- itappears to meand thosewho have had l 63  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislatlve Day April 13: 1994 i an opportunity to think abcut this, that a creature of State Statute, such as the Citlzens Utility Board, is supposed to represent the best interests of utility consumers, and ln many instances, they do just that. However, it is, to me, almost like entering into a boxin: match where a person's hands are tied . behind their backs, if you have a watchdog group basically becoming a competitor for the people they're supposed to be watching. That is -- that is the reason for this bill. Andy Mr. President, I Would answer any questions.

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

I A question of the sponsor. i

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senator Welch.

Senator Pekkaz did you put an amendment on here, or somebody I ! put an amendment on here, that elininates the ability of the Citizens Utility Board to sell low-flow showerheads and energy-efflcient liqhtbulbs and other devices?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka .

Senator, I put no such amendment on the bl11.

PRESIDING OFFICER: (SENATOR MAIDLAND) Senator Welch.

Is there an amendment llke that on the bill? PRESIDING OFFICER: (SENATOR MAITLAND) l Senator Petka.

The Clerk has the.amtmicrophone cutoffl... 64  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Staff lndicates to me that no such amendment was placed on the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.

Well, 1et me ask another lawyer's questlon then . Was it in the original piece of leglslation? Is still in the original piece of legislation?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

No.

PRESIDING OFFICER: (SENATOR MAITLAND) Further dkscussion? Senator Palmer. IIm -- I'm sorry. Senator Petka.

I'd like to further clarify that answer. They wl11 be prohiblted from selling showerheads and other devices.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.

. .. lmicrophone cutoffl...asked. Okay. Well, thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) All right. Senator Palmer.

Thank you, Mr. President. To the bill: I certainly respect the right of any Member in this Body to put forward any bill that he or she sees fit; however, I Would ask Senator Petkar because certainly this is around -- about the third time that a bill has 65  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 103rd Leglslative Day April l3, 1994 come up that directly targets CUB over something that I can't quite see the purpose of. In this instance, to deny a nonprofit organization the right to offer what should be something that all of us should want to take advantage of - energy-saving devices - at a time when we are fast running out of the fuel that it takes to run this country, at the moment when we are talking about globalization, it seems to me is -- is something that we ought to wonder about. And to contlnue to call this -- this organlzation numerous names, I think, is unfortunate, to say the least. And I wculd urge that we vote No on this bill. I'm not sure that I see the purpose of it, except to make a point of saying that CUB should not existr and with that, I do not agree.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Senator Peterson.

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

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Peterson.

Senator Petka, maybe you can further clarify and give us information on the Affinity Fund. Somewhere down the line, I understand that - I believe in committee - this -- thls Fund isn't even licensed in Illinois. Is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Senator, your information is correct. It is not llcensed to do business in Illinois. That's correct.

PRESTDING OFFICER: (SENATOR MAITLAND) Senator -- Senator Peterson.

So what you're saying is, CUB is promoting a service that has i 66  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13, 1994 not even bothered -- or their license is pending in Illinois, but they 're still trying to sell the servlce.

FRESIDING OFFICER: (SENATOR MAIDLAND) Senator Petka. SENATOR PETKA: ' Whether or not they're still trying to sell the service, I ! simply do not know. I know that they had -- they -- they, in facty were doing that as of the date that the bill was lntroduced.

PRESTDING OFFICER: (SENATOR MAITLAND) Senator Peterson.

Thank you, Mr. President. I'd like to speak to the bill. I think Senator Petka has a good piece cf legislation here. I thlnk CUB certainly has a mission, but I don 't think the -- the mission that the Legislature intended for it was to sell long-distance service and showerheads. So I would request that you vote Yes on this vote. Thank you .

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Farley.

Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. I would point out to the Body that Senator Trotter did submit an amendment that would take care of what Senator Welch Was talking about; however, we haven't had an opportunity to consider that amendment. But to the bill, Mr. President and Members: There Nas a representative from CUB in committee thaE Eestified that they would, in fact, desist from this long-distance service and not provide that ta any -- any individuals in the State of Illinois. The bill gces farther than having that eliminated. The bill goes to the heart of CUB in providing some energy-saving informatlon, ! some energy-saving devices, and for that reason: Mr. President and Members of the Senate, I would urge a No vote. I think that 67  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Leglslative Day April l3, 1994 Senator Petka is correct in not allowing CUB to -- to be able to participate in long-distance phone service, and they don 't at this time. They desisted as of that date. They don't do it anymore. And I would say that we're throwing the baby out With the bathwater with this bill, and I Would urge a No vote.

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

Thank you, Mr. President. tooy agree With the previous speaker that while CUB should not engage the long-distance phone buskness, I'm going to assume that the purpose of the showerhead is to save water. And I dcn 't know lf you 've seen your water bills lately: but I've seen mine, and it's it's outrageous. The purpose of the lightbulb is tc save electricity. And I donft knoW if you 've seen your light bill, but I've seen nine, and it is outrageous. And so on and so forth. So, then selllng energy-saving ideas and items does not go counter to their mission. Matter of fact, part of their mission. And I do not see the utility companies, tn atl honesty, selling energy-saving mechanism or apparatusy because they want you to use up a11 the energy you can so they can make all the money that they can. So while I agree with Senator Pebka that tbey should not be in this long-distance business, and lf they are notr then I see no reason why the part in here that will keep them from selling energy-savlng items that are not prcvided by the utilities, why that has to remain in -- in the bill. So I urge urge the sponsor actually to -- to take it out of the record and -- and perhaps work with Senator Trotter on the amendmentr which will allow this bill to pass Without that part abouk the showerheads and other energy-saving items.

PRESIDING OFFICER: (SENATOR MAITLAND) Further dlscussion? Senator Rauschenberger. 68  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i i 103rd Leglslative Day April l3, 1994 SENATOR RAUSCHENBERGER: T think it's -- lt's admirable and it's important that CUB be involved in thtnqs ltke recommendkng what kind of showerhead to use, and I think that it's a good role for them to playz perhaps, in helping educate people of what kind of lightbelbs Will save money and the uses of florescent to replace incandescent - those kind of thlngs. However, I would intend to agree wlth Senator Petka that they shouldn't necessarily be in the business of selling products. You knowy I -- I thlnk thelr proper role is education and advocacy . I reallze that therefs -- there's not an organization that I talked to, whetber it's in my district or down here since I've been elected, that doesn't need mcney and isn't looking for ways to -- to get more money and -- and have more influence, more postagey more control, whatever it is, but I -- I've always questioned the appropriateness of us encouraging advocacy groups to get involved in sellin: products. So, you knowr I -- I think there 's another side to that argument. I don't think any of us are against florescent lightbulbsy but I'm not sure we really want the consumers' utility group in there involved in -- in selling lightbulbs and products to companies. It only leads to the kind of relatlonshlps which tends to compromise their ability to give good advice. PRESIDING OFFICER: (SENATOR MAITLAHD) Further discussion? Senator Shaw. SENATOR SHAW: To the sponsor: Senator Petka -- Senator Petka -- Senator Petka, do -- what's the penalty that's in this bill if they don't cease and desist? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka. SENATOR PETKA: Senator, there's none yet. Okay? 69 l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.

I didn't hear you.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

I didn't hear the question.

PRESIDING OEFICER: (SENATOR MAITLAND) Senator Shaw .

What is the penalty in this bill lf they -- if CUB does not cease and desist from the things that you are talking abaut in the bill?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

There is no penalty provided in this Statute, Senator.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.

Certainly I -- I agree with you on the -- cn the long-distance service. I don 't think that they should be in that business: but as some of the other speakers has talked about, the showerheads and the florescent bulbs and so forth, I don't see any problem with that. I remember a few years ago when a11 of us had to turn - - turn down our heat to sixty-two, I think it Wasy sixty -- yeah - - Well, i: was sixty-two and so forth. And as one of the previous speakers mentionedr that we are having a problem with energy in this countryr and certaknly we want to preserve ity and CUB should be in the -- in the business of trying to help the consumers conserve energy. And the Trotter amendment possibly 70  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13z 1994 shoutd have gone onto this billr where that consuners would have a place to go and look at the energy-saving devices. In that way: they could become better informed about the energy-saving devices. And certainlyr if it's not amended here, maybe in the House you would be willing to - if it ever get out of committee over there - would be willing to maybe offer ehat amendment over there to your ! SPOnSOr.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Tom Dunn.

Thank you, Mr. President. I think We're missing an -- important point here, and now I Want to ask the Chair a question. Did I hear right? Did I hear Senator Hendon say that he agreed with Senator Petka?

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Welch, for a second time.

Thank you, Mr. President. You know, last year, this Session of the General Assembly eliminated the Office of Public Counsel. The Office of Public Counsel served to intervene in rate cases to try to help the people of the State of Illinois by keepin: rates low. Wellr we abolished that last year in a effort to save money in the State budget. This yearr the Citizens Utility Board is the ! only agency that exists that helps a11 citizens to try to keep utility rates low. That Was their main purpose When we enacted Ehe Citizens Dtility Board . They have said on several occasions that they need to be able to sell these devices - energy-saving water devices and energy-saving electric deviees and water-saving devices - to keep afloat: so that they can continue to operate. To allow this to be mixed in with a bl11 that everybody agrees with, that they shouldn't be involved in long-distance telephone rate making or rate settlng or -- or gimmicks - everybody agrees 71 .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April 13r 1994 with that - to combine these two makes it obvious that the whole purpose of this ls to eliminate the Citizens Utility Bcard: as this sponsor tried last year. I think that if you are anticonsumer, you should vote for this. If youdre for the I consumer, you should vote against it. It's that simple. Because the Citizens Utility Board is the only remaining group that fights i to keep utlllty rates 1ow for everyone. So if you're for higher utility rates, if you want to elininate the Citizen Board - the two are gcing to be the same - you can vote for this bill. If you gant to help the consumers, vote against it.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Petka, to close .

Well, thank you very much , Mr. President, Members of the Senate. It's always nice to have an argument reduced to very stmplistic terms, but I would challenge anybody in thts Chamber to find anything that is in the Citizens Utility Board Act right now Nhich authorlzes them to be involved in -- in the business - and that's what we lre talking abcut, the business - of generating money agatnst -- or in competltion with private enterprise. The Statute that they -- or portion of the Statute they rely upon says the foltowing: ''To provide information and advice to utility consumers on any matter with respect to utillty service, including but not limlted to informatkon and advkce on benefits and methods of energy conservation.'' Giving out advice and giving out infornation is not the same thinq as uorking for a profit. And if - - if my bill did not have that consequence when -- at least an intended consequence, when I filed it, I can guarantee you right I now I feel that, in fact, that should be the case. So with -- With that proviso, Mr. -- Mr. Speaker -- or, Mr. President and Members of the Senate, I urge this adopticn.

PRESIDING OFFICER: (SENATOR MAITLAND) 72  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day April l3, 1994 The question is, shall Senate Bill 1386 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who wish? Have all voted who Wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 30 Ayes, 22 Nays, no Members voting Present. Senate Bill ! 1386, having received the required constitutional majority, is declared passed. A11 right. Ladies and Gentlemen, Ne have -- we are qoing to conclude our work for the day. Is there further business to come before the Senate? Senator Donahue, for what i purpose do you arise? ' i

Thank you, Mr. President. Just for the sake of an anncuncementy to remind the Republican Members that We will have a caucus ln Senator Phillp's Office at 8:30, and please be prompt. i PRESRepublican IDINGOFFICE R: (SENATORMAITLAND) Caucus in Senator Philip's Office at 8:30. Ladies J and Gentlemen, before we adjourn, just to note, we will be aoming into Session tomorrow at the hour of 10 a.m. - 10 a.n. We will be ' coming into Session. I'm sorry. Senator Demuzio, for what purpose do you arise, sir? i

Thank your Mr. President. I'd like the record to reflect that Senator Cullerton is not here today because of illness in the ' family. i

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you: Senator Demuzio. Resolutions.

Senate Resolution 1260, offered by Senator Hall and a11 Members. And Senate Resolution 1261, offered by Senator Garcia. They are both congratulatory. PRESIDING OFFICER: (SENATOR MAITLAND) ' 73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 103rd Legislative Day Aprll 13r 1994 Consent Calendar. !

Senate Resolution 1262, offered by Senators Hawkinson and 1 Shadid. And Senate Joint Resolution 140, offered by Senator Shaw. ( They are both substantive.

PRESIDING OFFICER: (SENATOR MAITLAND) Message from the House. !

A Message from the Hcuse by Mr. Rosslz Clerk. ; . 1 Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint i resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 133. It is congratulatory. And I have like Messages on House Jotnt Resolutlon 134, 135: i l36 and 137. i Theydre a1l adopted by the House, April 13, 1994. PRESIDING OFFICER: (SENATOR MAITLAND) ' ; Consent Calendar. Senator Berman: for what purpose do you arise, sir? !

Thank you, Mr. President. I was looking for Senator Watson. We received notice that khere was going to be an Education Committee meeting at 9 o'clock tomorrow mornlng. Wlth a caucus at 8:30 -- Republican Caucus at 8:30 and Session at 10, I'm just wondering if we dre still having that meeting. Oh, there's -- there's Senator Watson. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. SENATOR WATSONI I 74  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 103rd Legislative Day April 13, 1994 That meeting has been canceled, and we uil1 have a meeting first of next week.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. Very good. Thank you. Any fureher business to come before tbe Senate? If. not, Senator Geo-Karls möves the Senate stand adjourned until 10 o'clock a.m.z Tbursday, April 14th. 75 ;r o -#,' à REPORT: TIFLDAY STATE OF ILLINOIS 94/11/03 . PZGE: 001 88TH GENERAL ASSEHBLY 11:0R:29 I SENATE DAILY TRANSCRIPTION 0F DESATE INDEX ZPRIL 13, 199: SB-0141SECOND READING P2GE 5 I SB-0R5R SECOND READING PAGE 6 SB-O630 THIRD READING PZGE 20 SB-1110 SqCOND READING PAGE T SB-1138 THIRD READING PAGE 21 SB-1153 SECOND REZDING PZGE 7 SB-1159 THIRD READIMG PAGE 21 SB-1165 SECOSD REZDIKG PAGE 8 SB-1182 SECOND READING PZGE 11 SB-1206 RECZLLED PAGE 22 SB-1206 OUT OF RECORD PAGE 24 SB-1207 SECOND READING PAGE 12 SB-1221 THIRD REâDING PAGE 25 58-1228 OTHER PAGE R SB-1230 THIRD READING PAGE 31 58-1232 THIRD REâDING PAGE 32 58-1233 THIRD READING P2G6 33 SB-1251 RECALLED P2GE 3V 58-1253 SECOND READING PAGE 10 SB-1261 THIRD REZDING PAGE 35 58-1267 THIRD REZDING PAGE 36 58-1285 THIRD REâDING PâGE 36 SB-1313 THIRD REZDING PAGE 37 58-1323 SECOND REZDING PAGE 13 SB-1326 THIRD READING PâGE 38 58-1328 SECOND READING PAGE 12 58-1329 POSTPONED CONSIDERATION PZGE 39 SB-1330 THIRD REàDING PAGE R1 58-1332 THIRD REZDING PAGE :2 58-1336 ODT OF RECORD PZGE 43 SB-13R6 THIRD RE&DING PAGZ 51 SB-1357 SECOND READING PAGE 10 58-1358 SECOND READIKG PAGE 11 58-1365 SECOND REâDING PAGE 13 58-1367 THIRD READING PAGE 51 SB-1369 THIRD READING PAGE 52 58-1376 THIRD READING PAGZ 62 58-1386 THIRD READING PAGE 63 SB-1k01 SECOND READING PAGE 1V :B-1k21 SECOND READING PàGZ 1% SB-1456 SECOND READING PZGE 15 SB-1509 SECOND READTNG PAGE 15 SB-1516 SECOND READIKG PâGE 15 58-1598 SECOND REZDING PZGE 16 SB-16T0 SECOND READING PZGE 17 SB-1672 SECOKD READING PAGZ 1T 58-1678 SECOND READING PZGE 18 SB-1708 SECOND READING PZGE 18 SB-1733 SECOND REâDING PAGE 19 SR-12k3 RESOLUTION OFFERED PAGE 3 SR-12VR RESOLUTEON OFFERED PZGE 3 SR-12R5 RESOLUTION QFFERED PAGE 3 SR-12k6 RESOLUTION OFFERED PâGE 3 SR-12V7 RESOLUTION OFFERED PAGE 3 SR-!2R8 RESOLUTION GFFERED PAGE 3 5R-12:9 RESOLUTION OFFERED PZGE 3 SR-1250 RESOLUTION OFFERED PAGE 3 SR-1261 RESQLUTION OFFERED PAGE 3 5R-1252 RESOLUTION OFFERED PZGE 3 5R-1253 RESOLUTION OFFERED P2GE 3 SR-125M RESQLUTIQN QFFERED PAGE 3 5R-1255 RESOLUTION OFFERED PZGE 3 5R-1256 RESOLUTION OFFERED PZGE 3 5R-1257 RESCLUTION QFFERED PAGE 3 zra ' Q' REPQRT: TIFLDAY STZTE OF ILLINOIS 9:/11/03 PAGE: 002 88TH GENERZL ASSEHBLY 11:0R:29 SENATE DAILY TRZNSCRIPTION OF DEBATE INDEX APRIL 13, 1994 5R-1258 RESOLUTION OFFERED PACE V 5R-1259 RESOLUTION OFFERED PAGE V SR-1260 RESOLUTION OFFERED PAGE 73 SR-1261 RESOLUTION OFFERED PAGE 73 5R-1262 RESOLUTION OFFERED PZGE 7: HJR-0133 RESOLUTION OFFERED PAGE 7: HJR-013k RESOLUTION OFFERED PAGE 7k HJR-0135 RESOLUTION OFFERED PAGE 14 HJR-0136 RESOLUTION OFFERED PZGE TV HJR-013T RESOLUTION OFFERED PAGE 7: SJR-0072 SECOND READING PAGE 5 SJR-0140 RESOLUTION OFFERED PAGE 7V SUBJECT HZTTER SENATE TO ORDER-PRESIDENT PHILIP PZGE 1 PRàYER-PASTOR HUBER PâGE 1 JOURNALS-POSTPONED PâGE 1 IKTRODUCTION OF GUESTS-SENATOR SHADID PAGE 1 GUEST SPEàKER-COACH 7âN SCYOC PAGE 1 RECESS PAGE 2 SENZTE RECONVENES PZGE 2 COMMITTEE REPORTS PAGE 2 HESSâGES FROM THE HOUSE PAGE R RECESS PAGE 10 SENATE RECONVENES PAGE 10 MESSAGES FROH THE HOUSE PAGE 7: ADJOURNHENT PAGE 75