Illinois Senate Floor Debate — April 14, 1994

(Prayer by the Reverend Michael Smith) ! PRESIDING OFFICER: (SENATOR WATSON) ' Reading of the Journal. Senator Butler.

Mr. President, I move that readin: and approval of the i Journals of Mondayy April llth, April 12th and April l3th# in the year 1994, be postponed, pending arrival of the printed Journals. ! PRESIDING OFFICER: (SENATOR WATSON) . You 've heard the motion. A1l in favor shall respond with Yes. Any opposltion? Motion failed -- the motion passes. House Bills 1st Reading.

House Bill 460, offered by Senator Watson. (Secretary reads title of bill) House Bill 636 , of fered by Senator Hendon. ! (Secretary reads title of bill) Senate <slc> Bill 637, offered by Senator Hendon . (Secretary reads title of bill) House Bill 984 , by Senator Hendon . (Secretary reads title of bill) House Bi11 985, by Senator Hendon . (Secretary reads tltle of blll) Senator Hendon offers House Bi11 1308. (Secretary reads title of bi11) House Bill 1657 # by Senator Hendon . l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 (Secretary reads title of bill) And House Bill 1970 , by Senator Hendon . (Secretary reads tltle of bill) 1st Reading of the bills.

PRESIDING OFPICER: (SENATOR WATSON) Resolutions, Mr . Secretary .

Senate Resolution 1263 is offered by Senator Demuzio . It 's congratula tory , Mr . President.

PRESIDING OFFICER: (SENATOR WATSON) Consent Calendar . It 1s the intention af the Chair to go to Constitutional M endments, and the intent is this will be final passage , and so we 're asklng for the Membership tc certainly ccme up to the Floor. This will be final actlcn, 3rd Reading, Constitutlonal Amendments. It's on page 18 cf our Calendar. Senator Demuzio : for what purpose do you rise? SENATOR DEMUZ10 : Just as a matter of inquiry. We are starting on page 18. Does that mean we are startlng with HJRCA 14, sponsored by Senator Watson?

PRESIDING OFFICER: (SENATOR WATSON) I thlnk it 's the intent of the Chalr now to go to 2nd Readings, Senator Demuzio, which will be... SENATOR DEMUZ10 : Oh # it fs on 2nd Reading . Thank you .

PRESIDING OFFICER: (SENATOR WATSON) Yes . Thank you . Senate Bill 1133 . Senator Cullerton . We 're on 2nd Reading, Senator. Senator, wculd you mind giving the Body an update in regard to your -- your son? Senator Cullerton .

Yes . Yes , thank you , Mr . President . I had to go back yesterday for my son had -- had his appendix out. Six-year-old 2  STATE OF ILLINOIS 88TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day April 14r 1994 boy. He's doing fine. He's in Children 's Memorial Hospital, which is one of the finest in the United States. So he's doing fine, and I appreciate your -- your thoughts. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) Very good. Wellz We're glad to hear that. Senate Bill 1147. Senator Hawkinson. Out of the record. Senate Bill 1168. Senator Cronin. Out of the record . Senate Bill 1172. Senator Raica? Senator Raica, on Senate Bill 11727 Out of khe record. Senate B111 1211. Senator Tom Dunn. Senator Tom Dunn, on Senate Bill 1211? Out of the record. Senate Bill 1228. Senator Cronin. Out of the record. Senate Bill 1229. Senator Fawell. Out of the record. Senate Bill 1263. Senator Ratca. Out of the record. Senate Bill 1297. Senator Syverson. Mr. Secretary, Would you please read the bill.

Senate Bl11 1297. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.

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

Ho further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng . Senate Bill 1299. Senator O 'Malley? 1299, Senator. Out of the record. Senate Bi11 1311. Senator Molaro . Senator Molaro, on Senate Bill 13117 Out of the record. Senate Bill 1318. Senator DeLeo. Read the b111r Mr. Secretary. Senator... Out of the record. Senate Bill 1339. Senator DeAngelis. Senator DeAngelis, do you wish to call Senate Bill 13397 Out of the record. Senate Bill 1352. Senator Dillard. Out of the record. Senate Bill 1366. Senator O 'Ma11ey. Senator  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll 14, 1994 O 'Malley, on 1366. Out of the record. Senate Bill 1384. Read the read the bill, Mr. Secretary.

Senate Bl11 1384. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adapted Amendnent No. 1.

PRESIDING OFFICER: (SENATOR WATSON) Have there been any Floor amendments that have been approved for consideratlonr Mr. Secretary?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senate Bill 1473. Senator Butler? Senator Butlerr on Senate Bill 1473. Do you wish to call that bill? Out of the record. Senate Bill 1477. Senator Raica? Out of the record. Senate Bill 1528. Senator Karpiel? Out of the record. Senator Trotter? Senator Trotter, do you wish to call Senate Bill 1546? Out of the record . Senator Jones, on Senate Bill 15607 Senator Jones? Out of the record. Senate Bill 1579. Senator Jones. Out of the record. Senate Bill 1628. Senator Sieben? Fiscal Ncte request. Out of the record . Senator O'Malley, on Senate Bill 1682? Out of the record. Senator Dudycz, on Senate Bill 1701. Out of the record. Senate Bill 1715. Senator Ralph Dunn. Senator Ralph Dunn? Out of the record. Senate Bill 1716. Senator 0 'Ma11ey. Out of *he record. Senator Barkhausen, on Senate Bill 1751. Senatcr Barkhausen: would ycu like that... Read the bill, Mr. Secretary.

Senate Bill 175:. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments. 4  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4r 1994 PRESIDING OFFICER: (SENATOR WATSON) I Have there been any amendments filed on the Floor for approval 1 -- or conslderatlon?

No further amendments reported, Mr. President. '

PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Barkhausen. i

Mr. President, I'm sorry. It had been my impression that a Floor anendment had been filed yesterdayr but if it's not -- not , - - not there...

PRESIDING OFFICER: (SENATOR WATSON) I It has not been approvedr Senatorr at this time, for consideration. Senator Topinka, for what purpose do you rise? SENATOR TOPISKA: I Point -- a point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Welly state your point.

In -- Senator Dillard and I share a -- a part of Downers Grove, and today we have with us, in the Speaker's <slc> Gallery, the O 'Neill Middle School Orchestra, and they wlll be downstalrs in the -- in the Rotunda at noon. They will be playing, and I they're absolutely magnificent. They're here with Doctor Robert Russell and Pat Calvert, who's the orchestra leader, Susan Landcamp, Vicki Schreider. I mean, that's whaE I'm showing on the card. But if they would al1 stand up and if we could welcome them to Springfield befoce they go down and playr be tremendous. So, there they are.

PRESIDING OFFICER: (SENATOR WATSON) Welcome to Springfield. Will our guests in *he gallery please rise. It's the intentlon of the Chair to go to 3rd Readings, and I 5  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 that will begin on page 9 where we left off yesterday. Senatcr Pawell will have the first bill, Senate Bill 1397. This will be flnal action. Senator Fawell, on Senate Bill 1397, 3rd Reading. Senator Fawell. Read the billr Madam Secretary. ACTING SECRETARY HAWKER: ' Senate Bill 1397. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) I Senator Fawell.

Thank you very much . Thls is a -- a bill that has -- has been requested by the Credlt Union League. It merely says that the credit union does not have to put up a ten-thousand-dollar bond if lndeed they can prove that they have other assets, in case something goes wrong . This is the same bonding requirement as presently being used by the banks and the other financial institutions. Puts them in the same -- at the same level. The Secretary of State is neutral on it. I know of no opposition. I would be willing to ask -- answer any questions , and I sollcit your Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? If not, the question is , shall Senate Bill 1397 pass . Those in favor Will vote Aye . Opposed , vote No . Tbe voting is open . Have all voted Who Wish? Have all voted who wish? Have al1 voted who wish? Take the record . On tbat questlon , there are 57 voting Yes, no voting No , no voting Present. Senate Bill 1397y having received the requlred constitutional majority, is declared passed. Senator O'Malley, on Senate Bill 1401. Madam Secretary, please read the bill.

Senate Bill l40l. 6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley. SENATOR OIMALLEY: ' Thank you, Mr. President and Members of the Senate. Senate Bill 1401, as anended: Will ellmlnate duplicative bodies when a ; 9-1-1 system is operational within a slngle municipallty. This b1l1 allows for the abolition of the board once the 9-1-1 system has received ICC approval and is up and running . 1ts intention is to eliminate duplicative expenses of operatlng tWo boards within a sinqle municipality, simply to approve the payment of bills. I would appreciate your support.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, the question is, shall Senate Bill 1401 pass. Those in favor will vote Aye. Opposedr No. The voting is open. Have al1 voted who Wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that questiony there are 30 voting Yes, 24 voting No, 1 voting Present. Senate Bill 1401, having received the required constitutional majorlty, is declared passed. Senator Demuzio: for Nhat purpose do you rise? SENATOR DEMUZIO : l Thank you very much, Mr. President. Like to see if We're -- we're al1 here tcday. I would request a verification of those whc voted in the affirmative.

PRESIDING OFFICER: (SENATOR WATSON) That request is in order. Senator Demuzio has requested a verificatlon. Will a11 the Senators be in their seats. The Secretary will read the affirmative vates.

The following Members voted in the affirmative: Barkhausen, I 7  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4: 1994 Burzynski, Butler, Cronin, DeAngelis, Dillard, Donahue, Dudyczy Ralph Dunnr Fawell, Fitzgerald , Geo-Karisr Hall, Hasarar Lauzen, Madigan, Mahar, Maitland, O 'Malley, Peterson, Petka, Raicar Rauschenberger, Sieben, Syverson, Topinka, Watson, Weaver, Woodyard and Mr. President. '

PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio, do you question the presence of any Member?

Senator Petka.

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka is in the mlddle aisle.

Senator Hall.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hall? Senator Hall? Madam Secretary, would you please strkke his name . Any other? On a verified roll callr the Ayes are 29, the Nays are 24, l voting Present. Having failed to recelve the required constltutional majorityy Senate Bill 1401 is declared lost. Senator O'Malley.

Mr. Presldent, thank you. Could this be placed on Postponed Consideration?

PRESIDING OFFICER: (SENATOR WATSON) That request is in order. Senator O 'Malley seeks leave to place Senate Bill 1421 Isic> (1401) on the Calendar on the Order of Postponed Consideratlon. That request is in order and will be accepted. Senate Bill 1401. Senate Bill 1421. 0ue of the record. Senator Fitzgerald. Senate Bill 1427. Senator Demuzio. Out of the record. Senate Bill 1435. Senator Peterson. Out of the record. Senate Bill 1437. Senator Berman? Madam Secretary, please read the bill.

I 8  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 Senate Bill 1437. I I (Secretary reads title of bill) : 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman. .

Thank you, Mr. Presldent. Senate Bill 1437 came out of the Judiciary Conmittee as an agreed bill. The reason for this blll is that we passed a measure last year which nade it virtually impossible for the Cook County Sheriff's Office to serve third-party citation proceedings that were involved ln the collection of judgments awarded in lawsuits. The reason for the bill comes from essentially the creditors and the collectlon people that are involved in collectlng of debts, and in order tc move this thing forward to get the citation proceedtngs back on track, thls bill was necessary. We sat down, and with the cooperation of b0th sides of the aisle, and With creditors and debtors and the Credit Union League, the bar associations and the Cook County Sheriff's Office, this is an agreed bill dealing With the processes involved in citatlon proceedings. I'd be glad to respond to any questions, and I soliclt your Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing nonez the question is, shall Senate Bill 1437 pass. A11 those in favor Wll1 vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a1l voted who wish? Have a11 voEed who wish? Take the record. On that question, there are 54 voting Yes, no votlng No , no voting Present. Senate Bill 1437, having received the required constitutional majorlty, is declared passed. Senate Bl1l 1447. Senator cronin? 0ut of the record. Senate Bill 1448. Senatcr O'Ma11ey? Read the -- read the bi1l... Senator O 'Malley, do you wish to have this bill returned to 2nd Reading for the purposes of i 9  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 ; amendment? Senator O 'Malkey seeks leave of the Body to return Senate Bl1l 1448 to the Order of 2nd Reading for the purpose cf an 5 amendment. Is there any objecticn? Hearing none, leave is I granted. On the Order of 2nd Reading is Senate Bill 1448. Madam Secretary, are there any .Floor amendments approved for consideration?

Floor Amendment No. 1, offered by Senator O'Malley. PRESIDING OFFICER: (SENATOR WATSON) ! Senator O 'Malley, to explain your amendment.

Thank you, Mr. President and Members of the Body. This amendment adds a section to Senate B1ll 1448 to amend the Limited Liabllity Company Act to provide that the managers and members cf the llmited liability dentistry partnerships formed are a1l licensed to pract1ce dentistry ln the State under the Illinois Dental Practice Act.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discusston? Seeing none, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is 1 adopted. Are there any Other Floor amendnents approved for ConsideraElon? ' i ACTING SECRETARY HAWKER: i No further amendments reported, Mr. Presldent. PRESIDING OFFICER: (SENATOR WATSON) ! 3rd Reading. Senate Bill 1454. Senator Palmpr? Read the bill, Madam Secretary.

Senate Bill 1454. ! (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFPICER: (BENATOR WATSON) 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 1 Senator O 'Malley . Or - excuse me - Senator Palmer. :

Thank your Mr. President. This is the annual general revisory bill of the LRB. Ik makes no substantive change in 1aW, and it is merely an essential part of maintaining the State Statutes, and allows LRB to correct cross-referencesr technical errors and so forth. I ask for support.

PRESIDING OFEICER: (SENATOR WATSON) Is there any discussion? Any further discussion? If not, the question is, shall Senate Bill 1554 <sicl (1454) pass. A11 those in favor Will vote Aye. Opposed, vote No. The votlng is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 57 voting Yes, no voting Noz none voting Present. Senate Bill 1554 <sic>, having received the required constitutional majorityy is declared passed. Senate Bill 1455. Senator Palmer. Read the bill, Madam Secretary.

Senate Bill 1455. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

Thank you: Madam President. This ks the second of LRB'S btlts to allow them to make technlcal changes. It is an annual event, and I ask for your support for this bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? If not, the questicn is, shall Senate Bill 1455 pass. Those in favor will vote Aye. Oppcsed: Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the record. On that 11  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll l4, 1994 question, there are 57 Ayes, no Nays, ncne voting Present. And Senate Bill 1455, having received the required constitutional I majority, ls declared passed. ...tmicrophone cutoffl...Bill 1456. : Senator Barkhausen. Madam Secretaryr read the bill. ACTING SECRETARY HAWKER:. Senate Bill 1456. (Secretary reads title of bill) 1 3rd Reading of the bill.

PRESIDING OFEICER: (SENATOR DONAHUE) Senator -- Senator Barkhausen.

Thank ycu, Madam President and Members. Senate Bill 1456, like the last two bills, is# again, a recommendation of the Legislatlve Reference Bureau. It nerely codifies that Which has already been accomplished by Executive Order: combining into one division within the Department of State Police what -- what have been two separate divisions. And I ask for your support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussicn? Senator Demuzio.

Thank you very much, Madam President, Ladies and Gentlemen of the Senate. Senator Barkhausen, if I might, ln this codification bill that you have indicated, acccrdlng to what I read here, We are, in fact, abollshing the -- the -- pardon me just a second. We are abolishing the Criminal Investlgation Section of the Illinois State Police. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen. '

I No, Senator, that's very much not correct. We -- we are nerging two separate divisions. We are not abclishing any existing operations of the Department, and I would strongly 12  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 suggest that your characterizatlon is tctally inaccurate. PRESIDING OFFICER: (SENKTOR DONAHUE) Senator Demuzio. SENATOR DEMUZIO: Wellr let me ask.you, why are we doing this? Why -- why are we then going to be merging the Division of -- of Criminal Investlgation in with the Department of State Police into the ! Division of Operations? I really don't -- I really don't understand this. I mean, I can have some constituent of mlne come up to me and say, ''Hey, why -- why are you -- why are you, in fact, doing away with the Division cf Crimlnal Investigations within the Illinois State Police?'' Can you give me a good -- good explanatlon as to the rationale - why we want to do that? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen. SENATOR BARKHAUSEN: I can think of three. One ls that it's already been done. Not -- not what you say, but the combination of these two divisions. Again, not eliminating any -- any of the past activities or the ongoing activities of what was previously called, I guess, *he Division of Criminal Investigations. Secondly, it's recommended to us by the Legislative Reference Bureau. And third: like all fiscally conscious Members of the General Assembly, wepre looking to reduce where we can the overhead of State agencies and put the money that was not as effectively spent, as lt mlght be, in in-office overhead, out on the streets with more troopers and investigators and the llke, where I think we're a1l convinced it will do more good. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio . SENATOR DEMUZIO: i Wellr I understand that this Executive Order Was filed last 13 ! .  N. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day April 14r 1994 year, and it was not called. For some reason cr another, it was allowed to -- to go ln effect, and noW you lre asking usr as a i Legislative Body, now, to officially dissolve the Criminal Investigation Section. I'm not sure that I am prepared to do ' that. I also suggest to you that sonewhere along the line that there was some verificatlon -- or that there was some problen with citing the savings in command, the overhead, the facility cost, as a reason as to why the Executive Order was, in fact, issued. I think I'd still have difficulties in explaining to my constituents that I have -- voting here today to -- to disband or to merge the Diviskon of Crinlnal Investigations, and I would suggest to you that that's a nasty little thirty-second commercial on somebody. I don't know why we're being called upon to -- to give our sancticn to this particular merger. If -- if it -- if it's good enough for the Governor, then he ought to let the Executive -- reissue the Executlve Order and do with that which he wlshes. Why should -- why should we be involved in this prccess? Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Thank you. I'd like Eo ask a question of the sponsor.

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

Thank you. Senator Barkhausen, are the Division of Crimlnal Investigators Who are golng to be merged - are they going to be in trooper uniforms and act as troopers one day a week and be on the road or perform other functions other than criminal i investigations?

PRESIDING OFFICER: (SENATOR DONARUE) Senator Barkhausen.

I 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legtslative Day April 14# 1994 I have no idea. I

PRESIDING OFFTCER: (SENATOR DONAHUE) Senator Welch. SENATOR WELCH : I Well, since the Governor's been in office, my notes show that the Trooper Dkviston has declined seventeen percent: from fourteen l hundred and sixty-nine troopers to twelve hundred and thirty-nine - reduction of two hundred and thirty troopers. My understanding is that the Departnent of Crininal Investigation is going to be in ê uniform, so it looks like we have more troopers. Now r dc you know if that's true?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen.

I already answered you that I dcnbt.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.

Then 1et me state that it is true. We are putting criminal investigators into uniforms so it looks like we have more State troopers, when actually we've got fewer Ercopers on the street. Everybody here is jumping up about -- up and down about crlme and controlling crime, and yet we have fewer and fewer State troopers. I don 't think it's a good idea to do that, and what we're doing here is a cosmetic attempt -- it 's an attempt by the Legislature I to have the Leglslature be part of the Executive Order that basically reduced the number of troopers and it gives it our okay. I So it seems to me that if you're voting for this, you 're going along with fewer State troopers, which is the Governor's plan. I think we should bave more State troopers on the road, Senator. I : intend to vote No.

PRESIDING OFFICER: (SENATOR DONAHUE) 15  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 Further discussion? Senator Raica .

Thank you, Madam President and Ladies and Gentlemen of the Senate. You know, we probably have heard the same arguments on both sides of the Floor. If Roland Burris Wanted somethingr such as his computer, it would -- it seemed like it was a good idea i then. And -- 'cause obviously, this is an electlon year; however, / there is throughout this Stater and -- and everyone: in particular, in their districts, has the possibility of increased crlme rates and believes that the State Police is a very essential agency throughout the State of Illinois. I would ask, just as a colleague of my friend, Senator Barkhausen, that at this point he withdraw this, take it out of the record, so that the Director of the State Police ean get back to each and every one of the legislators on this Floor to explain, obviously, why this ls being done. There is some question. Not everyone here had the opportunity to sit in and listen to the debate on this When it was in committee. It's nothing against the sponsor, nor Terry Gainer; it's just an issue that is very -- very meaningful, because it has to do with the possibility of removlng State trocpers. And since a1l the answers are not available on the Senate Floor today, I would hate to put a Yes vote on something that may jeopardize my dlstrlct, not knowing how it essentially affects my district.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen. ! i

Yes, Madam President, 1ek me -- before I make the request that I do, let me just observe that this is the first time I renember any questions, partlcularly of this extent, on a legislative revisory bill. I would also point out that I'n handling this bill at the request of Senator Palmer, who sits with me on the Board of I the Legislative Reference Bureau, and that is the only reason that 16  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 I am handling this bill. Having said that, inasmuch as there do appear to be some questionsr I do ask that, for today, the bill be taken out of the record.

PRESIDING OFFICER: (SENATOR DONAHUE) .out of the record. Senate Bill 1457. Senator Carroll. Read the btll, Madam Secretary.

Senate Bill 1457. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Carroll.

Thank you, Madam Presidentr Menbers of the Senate. We -- several years ago, I introduced and passed legislation creating the State Employees Suggestion Award Board, whereby ge have allowed State employees the opportunity to help us find savings in State governnent by givkng them a slight amount of the award as a benefit for coming forward and telling us ways to save money. We've a1l seen the problems in the Department of Public Aid, and just because of its size: in -- in what has been told to us to be fraud and abuse, not from within the administration, but rather from those who are using the system and abusinç the system. There are already about a million four hundred thousand people in some form of Medicaidy as well as about sixty-two thousand in long-term care. What Ehis would do is create a award board khat would pay an amount of money to people who come forward and give us ways in which we can save money in the Medicaid budget. We would give them ten percent of the first year's savings, up to ten thousand doltars; or, (f it's a small amount of savings, up to twenty-five dollars. The concept being, the money would come out of the Public Aid budget - it would be no additional spending - and it i 17  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 would only happen after wefve had one year's savings, so that we can actually tap into the provlder groups and employees and find out where there is fraud, abuse or waste, get those good ideas and actually save some money, as we've done with the State Employees Award Board. I would ask for a favorable roll call and be Willlng . to answer questions. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the questlon isy shall Senate Bill 1457 pass. Thcse in favcr w11l vote Aye. Opposed, vote No. The voting ls open. Have a11 voted who wish? Have all voted who wish? Have al1 voted Who wish? Take the record. On that question, there are Ayes, no Nays, none voting Present. Senate Bill 1457, havlng recelved the required constitutional majority, is declared passed. Senator Syverson, on Senate Bl11 1468? 0ut of the record. Senator Syverson, on 14767 Out of the record. Senator Madigan, on 14793 Out of the record. Senator Topinka: on Senate Bill 1480. Read the blll, Madam Secretary.

Senate Bill 1480. (Secretary reads title of bill) 3rd Reading of the bkll. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Topinka. SENATOR TOPINKA: Yes. Madam President and Ladies and Gentlemen of the Senate, this bill was -- had such popularity in our Hea1th Committee, it became a Health Committee bll1; With a11 Members signing on as -- as cosponsors. And it baslcally would require the Departnent of Public Aid, in cooperation With the Department of Insurance, to create a feasibility study to determine the effectiveness and potential ccst savings of a of providing acute care for 18  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll 14z 1994 ; Medicaid nursing home clients through a Hea1th Maintenance I Organizaticn. And ultimately, we feel that this wculd be part and parcel of getting us into managed care, in terms of the acute care situation for Medlcaid clients in nursing homes. It certainly . Would have some potentiak cost savings, and We would hope that the -- the -- *he Senate at large would see it in the positive light that our Hea1th Committee saw it in. And I would seek a favorable roll call. PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Senator Smith. SENATOR SMITH: Thank you, Madam Chairman and Ladies and Gentlemen of the Senate. As Minority Chalrman of Health, Welfare and Correction, I want to encourage thls side of the aisle to please support this legislation. Thank you. PRESIDIMG OFPICER: (SENATOR DONAHUE) Is there any discussion? Any further discussion? Seelng none, the question isr shall Senate Bill 1480 pass. Those in favor will vote Aye. Oppcsed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted Who Nish? Have a11 voted Who Wish? Take the recard. On that questlon, there are 57 Ayes, no Nays, none voting Present. Senate Bill 1480, having received the required constitutional majority, is declared passed. Senator Dudycz, for what purpose do you rise? SENATOR DUDYCZ: On a polnt of personal privilege, Madam President. PRESIDING OFFICER: (SENATOR DONAHUE) State your point. SENATOR DUDYCZ: Thank you, Madam President. Joining us on the Floor of the Illinois Senate this morning is the chief laW enforcement official of Cook Counky. I would like for the Members to join me in I 19  STATE oF ILLINOIS 1 88TH GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14: 1994 Welcoming the Cook County State's Attorney: Jack O lMalley. PRESIDING OFFICER: (SENATOR DONAHUE) Welcome, Jack. Senator Farley, on Senate Bill 1491? Out of the record . Senator Smith, on Senate Bill 1502? Read the bill, . Madam Secretary. ACTING SECRETARY HAWKER: Senate Bill 1502. (Secretary reads tltle of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Smith. SENATOR SMITH: Thank your Madam Chalrman and Ladies and Gentlemen of the Senate. Senate Bill 1502 does exactly what our Calendar states. 1502 is modeled after legislatlon suqgested by the National Center of Missing and Exploited Children, to prevent infant hospital abducticn. The Illinois Hospital Assoclatlon is neutral on this particular piece of legislation, and its proponents are the major chlldren fs organization and National Centers for Mlssing and Exploited Children. I ask your favorable support on this legislation. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Topinka. SENATOR TOPINKA : Welly to return the favor of the last bill, I Would hope that *he Members on our side would support SenaEor Smith. It's a valiant effort, and certainly everybody is on board with her on this issue. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any further discussion? Seeing none, the question isy shall Senate Bill 1502 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have 20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day April l4, 1994 I a11 voted who wish? Have a11 voted who wish? Take the record. i On that question, there are 57 Ayes, no Nays, none votlng Present. Senate Bill 1502, having received the required constitutional majority, is declared passed. Senator Maitland, on Senate Bill 1509? Out of the record. Senator DeAngelis, on Senate Bill 1510? ! I out of the record . senator Petka, on Senate Bill 1513? Senator petka? Read the bill, Madam Secretary . Oh. Oh, out of the record. senator Fawell, on Senate Bill 15157 Read the billr i Madam secretary.

Senate Bill 1515. (Secretary reads tltle of bill) 3rd Reading of *he bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell. (

Thank you very much, Ms. Chairman. This is a juvenile bill that is based actually on a Colorado law, when I was doing some research on how we might be able to correct some of the juvenile problems. It's -- one of the things is sort of a -- it's a ''tWo strikes and you're out''. This bill says that if we are -- if a juvenile offender commits a Class 2 or greater felony involving the use or threat of physical harm or violence against a person or in which a firearm is used, then the offender will then be placed I on -- on -- in the juvenile detentlon system until such time as he is twenty-one or unttl such ttme as he has served his term utth the good term tbat he -- good time that he has acquired. It also I ! prohibits a continuance under supervision of a juvenile court for a minor alleged delknquent on first degree murder or forcible felony, and also any minor that is adjudicated delinquent, if not : sent to the Juvenile Division or DOC, must at least be placed on probation. And like -- this is only done right now with the Class 21  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 X felonies. I would be glad to answer any questions. I solicit your Aye vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Senator Demuzio.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Just like to polnt out that the Department of Corrections estimate that this bill will cost nine million six hundred and twenty-nine thousand eight hundred over a five-year period. I sure hope it gets more than a four-fifths vote today. Thank you.

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

Thank you: Madam President. I'm afraid I don't quite understand what this bill does. I -- I hope I'm not understanding it correctly. Senator Fawell, you said that this amounts to a ''two times and you're out'' for juventles. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.

Two -- two adjudications on violent crimes.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

Wellr I'm -- I certainly would want to do something about violent crlmes by juveniles, but I'm very concerned that this seems to take away much of the judicial discretion and allows us to legislate what happens to juvenlles. I -- I'm very concerned about thatr and I don't see on my analysis any support from those organizations that typically work with juvenile offenders. So I would -- I wouldn 't like to see this passed. I understand what you 're trying to do, but I think it needs more work. 22  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4r 1994 PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jones. SENATOR JONES: Yeah. Thank your Madam President. Would the sponsor yield? PRESIDING OFFICER: (SENATOR DONAHUE) Excuse me, Senator. Senatmr Fawell. SENATOR FAWELL: I May I respond to Senator Palmer? Senator Palmer, the State's . attorney has the right to -- to elther use thls 1aw or to use the present law. And what we are talking about is incarcerating violent juvenile offenders until they're twenty-one if they have committed two felonies, but -- until they're twenty-one, which is what the present Juvenile Code only addresses. As...lmicrophone cutoffl... PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell. SENATOR FAWELL: As far as the nine mlllion dollars is concerned, that -- that amount, Senator Demuzio, was before the amendment was added. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer. SENATOR PALMER : Thank you, Madam President. A question of the speaker -- of the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) Indicates shedll yield, Senator. SENATOR PALMER : Senator Fawell, do we have this law for adult offenders, or is this now only belng enacted for juvenile offenders? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell. SENATOR FAWELL: 23  STATE OF ILLINOIS i 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day April l4, 1994 i There is an adult juvenile Ksic> offender law, and there is a juvenile habitual law. This will merely tighten it up. :

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

Thank you, Madam President. I disagree, With al1 due respect. I think that this takes it off ln an entirely dlfferent direction and is not a good idea at this point. I think that we don't define ''felony'l adequately. We don't define what the acts are . ''Violence'' - what does that exactly mean? I don't think it's a good idea to do thisr and I think wedre rushing to judgment here for very young people. I Wculd urge us to vote No on this.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones.

Thank you, Madam President. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she pll yieldr Senator Jones.

Yeah. Senator Fawell, there are several provisions in this bill that look sort of familiar to me. Could you tell me how thak - - those provisions, such as limiting the judgels abillty to continue a case under supervision for certain cases, using prior convictkons for offenses that involve dishonesty - especially that part as it relates to dishonesty - could you tell me how a11 these provlslons became a part of this bill?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.

Those were added by an amendment in the Judiciary Committee.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Jones. 1 24  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104kh Leglslative Day April 14, 1994

Well, you know, I think we should be more forthright to the Bodyr since this is a crimlnal offense. I mean, I see many of i these same provisions was in Senate Bill 1184, Which I believe I introduced. And if you're going to be dishonest and rob -- rob . one piece of legislation and take lt and throw it into another in the forn of an amendment as such, I -- and Senate Bill 1184 didn't see the light of day as far as even having a hearin: or even clearing the Rules Committee. So -- and that bill was introduced ! by yours truly. So, therefore, What I'm saying to you, a11 these provisions in here that you are alluding to, it would have been nice if we had just proceeded with 1184, instead of stealing the contents of 1184 and putting it by Way of an amendment on this I bill. So I think we should make this a crlne too: to steal someone else 's legislation and put it on -- use it as our own.

PRESIDING OFFICER: (SENATOR DONAHUE) senator Fawell. j

Senator, I would be very proud to have you join me as a cosponsor on this bill; however, your bill was much more extensive j and, frankly, would have cost the State approximately thirty million dollars. Indeed, some of the things perhaps that Were in your bill are -- are in this bill - tWo brllliant minds, but on one thought. I certainly would appreciate ycur -- your support on ; this bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones. i ! Well, this brilliant mind was not there when the robbery took place, and I think, Madam Chairpersonr maybe perhaps What we need kn this Body is a -- an offense for -- for a theft Without consent I of the original sponsor. And that's What I see happening to this 25  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 piece of legislation . There gere some very good things in 1184, I but for you to take those and pretend that they are yours and that you are doing something of that nature: I think it's an attempt to conceive and deceive the publlc. And thatls the only thing I Wanted to say, Senator Fawell, but you're not that Nay. Someone . else did this to you, but you are a partner in crime on this piece of legislation.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator DeAngelis. SENATOR DeANGELTS: First, a question, and then a comment. The Habitual Juvenile Offender Act is a bill that I passed early in my legislative career, and it dealt with those cases in which juveniles adjudicated delinquent of certain categories of crtme would be -- for the first time in the history of the Stater have a determinate sentence. Now, under that lawr the State's attcrney had to certify that juvenile for trial on that basis, so therefore, it was a situakicn in which the -- the attorney -- State's attorney could make the call. Are those provislons still in there?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Favell.

Yes.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SZNATOR DeANGELIS: Wellr under that circumstance, I don't know how anybody could be opposed to that, because if you have a situation in which someone has committed murder twice - tkice - maybe we ought to think about certifying them under this 1aw for trial under that Habitual Juvenile Offender Act. The fact is that there are provisions in there for the State's attorney to take certain 26  STATE OF ILLINOIS 88TH GENERAL ASSEMBLT REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4y 1994 I things into consideration. But let's give him that option, or her that option.

PRESIDING OFFICER: (SENATOR DONAHUE) Further diseussion? Senator Tom Dunn. SENATOR T. DUNN : ' Thank you, Madam President. To the bill: I support this bill; I think that we need to send a message. The bill lsn't perfect. There are some things about the b1l1 that I'd like to see changed, but I think we have to remember that time and time we I read in the newspaper of youthful defendants with guns conmitting violent act after violent act after vlolent act, and they 're out on bond, they fre out on bond. And pretty scon, somebody is hurt in a family. This bill attempts to do something about that, tc prevent further crime at an early age. The people that are committing these crimes are committing adult crimes. They 're juveniles committing adult crimes. A message has got to be sent. I PRESIDING OFFICER: (SENATOR DONAHUE) j i Further diseussion? Senator Jacobs.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a questlon?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates shedll yield, Senator Jacobs. SENATOR JACOBS: 1 f Is there any vehicle, Senator, in this bill to -- to get the message out if we pass this leglslatlcn? You know, we dre talking about juvenilesz and there's got to be some vay. You know, currently juveniles think they can get away with everything and -- and not be held to any accountability. If we're going to change this legislation and wedre going to ensure that kids declared delinquent are kept in jail unttl they're twenty-one, are we going to -- how are we going to get that message out to those kids? Are 27  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 we going to rely upon the same parents who don't kncw where in the hell their klds are today, to tell their klds to be careful I because they may end up in prison till theydre twenty-one? How ! are we planning on getting that message out? I think that's i i something that -- that's very inpcrtant to the bill, and I -- I l hope that we do have a procedure somewhere along the line that would allow that dissemination of information to the juveniles so that they know what the determinate sentence may be, because the lack of knowledge: I think, is Worse than -- than the bill Would i ! ! I be, if they know whatIs going on.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator -- Senator Fawell. SENATOR FAWELL: i My assumption is that most judges - at least the judges that I have talked to and know and have known rather personally in the last few years - would -- would tell them, you know, ''You have now committed your first felony or your first violent offense. You . now can fall underneath this bil1.' ' You know, ''Do it one more i . time and you're in deep trouble. We're going to hold onto you.''

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs. SENATOR JACOBS: ' i ! So that begs the other question: Is this proaetive then, or ! if someone currently has one violent offense and hasn 't had the opportunity to have that advice from a judge, will the next offense Eake place under thts law as the second time, or do they ! ! start fresh? j I PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Fawell. SENATOR FAWELL) It -- it -- the first offense has to take plaee after -- a ' i second offense has to take place after January 1st - what is it? - I 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 I ,95.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

Soz in effect, those that have already had one offense, have not had the opportunity of having that judge tell them that ''The second offense, you're going to prison until you're twenty-one.'' That -- so, if they -- they perform that second, they'd better do it between now and January 1st. Is that right?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.

Senator, please remember, this is not a mandatory bill. The State 's attorney does have that discretion.

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

Madam President and Ladies and Gentlemen of the Senate. I don't know about your areas, but I call tell you in my areay people are absolutely fed up with juveniles committing violent crimes. And I think it's time We took a step in the right direction. I think this is a good billr and I think we should support it, because a message has to be given to those young gang members. We've had shootings ln Lake County in the last three nonths, two and three of them young people, and some of them have had some gang rapes. I certalnly support Ehis billr and let's move on with it.

PRESIDING OFFICER: (SENATOR DONAHUE) Eurther discussion? Further discussion? Seeing none, Senator Fawell, to close.

I think it's about time that we started doing something with i 29  STATE OF ILLINOIS j 88TH GENERAL ASSEMBLY k REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 the -- with the violent delinquents. We've had juvenlle court for a number of years. Frankly, I don't think it's workingr because the crimes have become much more violent. We stlll have the kid that -- that steals the hubcap, and certainly he should be -- he should be bandled kn a different way than the k(d that kikls the I person to steal. I think this is a good step in the right direction. I think we should start the process now, and I solicit your Aye vote. E

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate B11l 1515 pass. Thcse in favor will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted j who wish? Have al1 voted who wish? Have all voted Who wish? ! Have al1 voted who wish? Take the record. On that question, k there are 49 Ayes, 4 voting Nayr 4 voting Present. Senate Bill 1515r having received the required conskitutional majorityr is declared passed. Let ne nake an announcement at this point, i folks. The intent of the Chair ls to go to the Order of Constitutional Amendments 3rd Reading, at the hour of 12 noon. Senate Bill 1516. Senator Tom Dunn? Read the bill, Madam 1 Secretary.

Senate Bill 1516. lsecretary reads title of bill) E 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) SenaEor Dunn. i

Thank your Madam President. This bill contains two provisions. The first is at the request of the State Police and provides that a person who commits the offense of theft, who obtalns or exerts control over property represented as stolen by a peace officer or agent, with the intent to deprive any named or 30  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY , REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 unnamed person of its permanent use or benefit, is against the . law. This arises out of a case, People versus Zaremba, by the Supreme Court, and the State Police feel this bill is necessary with this language to enable them to run better stings. Excuse me a minute, would you please? Take it out of the record, would you please?

PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record. Senator Karpiel, on 1517. Read the bill, Madam Secretary.

Senate Bill 1517. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpkel.

Thank you, Madam President. Senate Bill 1517 provides that witnesses to a crime have the -- certaln -- get the ktnd of notification of post-conviction proceedings that is in current 1aW for the victims of crime. That's a11 this does is allow the witnesses, if they ask a State's attorney to be notified of any post-conviction proceedings, that they will be notified.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discusslon? Senator Karpiel -- or, the question is, shall Senate Bill 1517 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who Wish? Have a11 voted who wish? Have al1 voted who Wish? Take the record . On that question, there are 57 Ayes, no Nays, ncne voting Present. Senate Bill 1517, having received the required constitutional majority, is declared passed. Senator Watsonr on Senate Bill 1522? Out of the record . Senator Burzynski, Senate Bill 1523. Out of the record. S/nate Bill 31  I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY i REGULAR SESSION E SENATE TRANSCRIPT i 104th Legislative Day April l4, 1994 i 1524, Senator Burzynskl? Out of the record. Senator Watson, on Senate Bill 1525. Out of the record. Senator Trotter, on Senate Bill 1545. Read the bill: Madam Secretary.

Senate Bill 1545. . (Secretary reads title of bill) I 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) i Senator Trotter. i

Thank you very much, Madam President and Members of the : Senate. This legislaticn is being advanced by the Chicago Housing Authority. There is not a day that goes by that you don't read about or hear about that someone is getting killed ln Robert Taylor Homes or some of the other Chicago Housing Authorlty developments. This legislation asks that we speed up the process in Which we can evict those residents that are living in the Robert Taylor Hones or the Chicago Housing Authority, by expediting the process from a thirty -- from a six-month to nine-month period to a thirty-day period. It's legislatlon that we think is needed. Right now we have a criminal element that's residing in these developments that is terrorizing the communities. We feel that they should not be hiding under the cloak of the law; that the law should do as it should be for a11 the people, and that is to protect those cltlzens that are good and that are decent. This 1aw went through commlttee. We amended it so it gould not have -- be in violation of any State laws, and we feel -- and I ask from the Body, that we have a favcrable roll call.

PRESIDING OFPICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? The question is, shall Senate Bi1l 1545 pass. Those in favor will vote Aye. ( 32  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day Aprll l4r 1994 Opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a1l voted Who wish? Take the record . On that question, there are 57 Ayesp no Nays, none voting Present. Senate Bill 1545, having received the required constitutional majority, is declared passed. Senator Garcia, on Senate 3i11 1558? Read the bill, Madam Secretary.

Senate Bill 1558. (Secretary reads title of bill) 3rd Reading of the bill. ' PRESIDING OFFICER: (SENATOR DONAHUE) j Senator Garcia. E

Thank your Madan Presldent. Senate Bill 1558 amends the Consumer Fraud and Deceptive Businesses Practlce Isicl Act. It ' allows the Attorney General to set maximum fees that may be charged for immigration services. It prohiblts anyone from charging fees for referring a person to an attorney or for any immigration matter covered under the Act. This is an amendment to the original bill proposed. It seeks to eliminate fraud that indlviduals often take care of immigrants who are susceptible to fraud and being ripped off. And I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Senator Fawell.

Thank you very much . Wl11 the sponsor yëeld for a questton? I

PRESIDING OFFICER: (SENATOR DONAHUE) Indtcates hedll yieldr Senator Fawell.

I -- I don't have any problem With the purpose of your bill. The reason I am asking this, very frankly, is that my son does a lot of immigration law, and he is a licensed attorney. Would he ! I 33  STATE OF ILLINOIS j ! 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14y 1994 fall underneath thls? PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Garcta. !

He would be exempt fram this, as are attorneys and other i I individuals under the Act, such as nonprofit organizations that do this type of work. I PRESIDING OFFICER: (SENATOR DONAHUE) ( I Further discusslon? Further discussion? Seeing ncne, the I question is.shall Senate Bi11 1558pass. Thcse in favor will j vote Aye. Opposed: Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that questionr there are 57 Ayesr no Nays, none votlng Present. Senate Bill 1558, having received the required constitutional najority, is declared passed. Senator Geo-Karis, on 1567? Senator Geo-Karis? 1567? 0ut of the record. Senator Topinka, on Senate Bill 1570. Read the bill, Madam Secretary.

Senate Bill 1570. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Topinka.

Yes. Madam President, Ladies and Genelemen of the Senate, this would seek to put into Statute the Auditor General's recommendations regarding State housing beneflts. Following a -- a task force on the part of the -- the Audltor General in terms of subsidized State housing, we discovered that there Was a considerable anount of houskng out there that nobody really knew about or had a list about or any type of a policy on. This Would provlde for speciflc State agencles that include, like, I 34  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprtl l4, 1994 Conservation, Corrections, Historic Preservation: University of Illinois and the University of Illinois Foundation, to establish a policy within their agencies on State housing that would address the various issues, so that there is some predictability to this: that people know hoW to apply . for it, they know When kt's availabler it's used for the purposes that it Nas designed, and so on. think that we 've complied with everyone's potential concerns with this, and don't know of any opposition at this moment in time: and think that a policy is in order. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shalt Senate Bill 1570 pass. Those in favor vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have a1l voted who wish? Have a11 vcted Who wish? Take the record. On that questionz there are 57 Ayes, no Nays, ncne voting Present. Senate Bill 1570, having received the requlred constitutional majcrity, is declared passed. Senator Pawell, on Senate Bill 1595? Read the blll, Madam Secretary . ACTING SECRETARY HAWKER: Senate Bill 1595. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFTCER: (SENATOR DONAHUE) Senator Fawell. SENATOR FAWELL: Thank you very much. This Was brought to me by the State Board of Education, and it merely asks for a -- a State Board of Education Service Resource Center for hearing impaired and behavior disordered students to -- in order to identify the areas for the establishment of regional satellite centers, and to establish a pilot satellite center in dcwnstate Illinois. We are not talking about bricks and mortar. We are talking about using 35 K  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 present facilities and present agencies that are already out there. They seem to have a problem with kids that are not only deaf, but also deaf and behavior disordered, and they would like to be able to set up a program to take care of about two hundred children in this State. . i

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discusslon? Seeing none, the question 1s, shall Senate Bill 1595 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have a11 voted who wish? Have al1 voted who wish? Have a11 voted ' who wish? Take the record. On that question, there are 56 Ayes, no Naysr none voting Present. Senate Bill 1595, having received the required constltutional majority, is declared passed. Senator Tcm Dunn, on Senate Bill 15987 Read the bill, Madam Secretary. Out of the record . Senator Tom Dunnr on Senate Bill 1610? Read the bill, Madam Secretary .

Senate Bill 1610. (Secretary reads title of bl11) 3rd Reading of the b111.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Tom Dunn.

Thank you, Madam President. This amends the Code of Civil Procedure and allows the Attorney General to seek attachment of properEy of a debtor who's been incarcerated in a Department of Correction institution or facilityy in order to reimburse for the j cost of that incarceration. We're a11 familiar with John Gacy's paintings and his 900 telephone number. This is an attempt to clear up a gray area of the 1aw and to ensure that we have ability to recoup any money earned by these individualsr to pay for their incarceration. I urge an Aye vote. 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any dlscussion? Seeing none, the question is, shall Senate Bill 1610 pass. Those in favor Will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted kho wish? Have a11 voted who wish? Take the record. On that questlon, there are Ayes, no Nays, none voting Present. Senate Bill 1610, having received the required constitutional majority, ls declared passed. Senator Fitzgerald, on 1620. Out of the record. Senatcr Madigan, on Senate Bill 1624. Senator Madiganr on 1624? Out of the record. Senator Mahar. Out of the record. Senator Hasara. Read the bill, Madam on Senate Bill 1657. Read the billy Madam Secretary.

Senate Bill 1657. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara.

Thank you, Madam President, Ladies and Genklemen of the Senate. This bill simply clarifies that a judgment arising out of a child support arrearage shall bear interest. It -- came up ln comnittee that this is already in the law, and as a matter of fact, it is, but there was testimony before the Child Support Task Force tha*, in many cases, *he judge ls not ordering *he lnteresk. And I know that We a11 want to do everything that we can to enhance the collection of child support and interest on it. Sc the Task Eorce and others have asked me to introduce a bill that clarifies that a judqment for back child support automatically draws interest. So, that was the word added to the Statute the word ''automatically''. 37  STATE OF ILLTNOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4: 1994

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Senatcr Cullerton.

Yes. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she'll yield, Senator Cullerton.

Senator, we had this bill in our commltteey and I supported but think that there Were some questions that Were raised in committee, and I thought that they might be addressed through an amendment. And would ask you if -- had you ccnsidered any amendment? know that Senator Petka had raised concerns in committee and had voted No, and thought this was going to be amended.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara.

Senator, I did address those questlons my testimony just now. The objection was not an amendment, but that some felt that it was not necessary. But there was, as I just said, testimony before the Child Support Task Force, and I have had calls from chlld support collectors and others that, indeed, while thls must not be a problem for everyone, it is a problem for some people. So I know of no anendment that -- that could correct this.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Cullerton.

Noy I certainly supported the bill in committee and Would on the Floory because we think it's a good idea that there be interest earned . The question Was whether or not we needed the bill, Whether or not this would happen even without the bill. And then the other question was rai'sed , think, by *he Chalrman of 38  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 ! the committee, Senator Hawkinson, was that if by putting this in, it may create an inference that other Sections of the Statute, Lf they don't have this languager that automatic interest wouldn't accrue. So, what's your response to those concerns?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara.

As I stated, I understand that this is not a problem in a11 jurisdictions, and it's not a problem for everyoner but it has been a problem for some. So, I would like to run wkth kt, and I'm sure that a majority of people feel as you do, Senator, on b0th sides of the aisle, that anything we can do to enhance the collectlon of child support and interest on cverdue support is in the best interest of our constituents.

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

Will the sponsor yield for a question, please?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates she 'll yleld, Senator Hawkinson.

Thank you, Madam President. I just want to Clarify that last point and make sure we're not having some unintended consequence here, Senator. You have no -- it's our understanding from staff and the debate in committee, that automatic inkerest applies on al1 judgments today, and I understand you're saylng that in sone circuits, you might have a problem with some judge. I just want to nake sure that by putting this provislon lnto law, the word ''autcmatic''in this particular judgment, that you in no way intend to imply that the interest on a11 other judgments is not -- henceforward not to be treated as automatic, or that your interpretation of present statutory and common 1aw is no* to say 39  STATE OE ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 that interest on those other judgments is not today automatic.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hasara.

- You are. certainly correct, Senator. And, I meanz if anyone j would ever bring that problem to us, what I -- which I Would not expect it to be a problem. It has been very historical in the courts to always collect automatic interest on other judgments. In some jurisdictions, child support is treated differently, however, and it is certainly my -- not my intention to do anything to force a court nct to create automatic lnterest on any kind of I judgment, but simply to stress that in the issue of child suppcrty ! it is automatic.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Hasarar to close.

I think the issue's been Well brought out and well discussed, and I would ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 1657 pass. Those in favor will vote Aye. Opposed, No. The votlng is open. Have a1l vcted who wish? Have a11 voted who wish? Have a1l voted who Wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 1657, having received the required constitutional majority, is declared passed. Senator Hally on Senate Bill 16707 Read the bill, Madam Secretary.

Senate Bill 1670. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) 40 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 Senator Hall. SENATOR HALL: Thank youz Madam Chairman, Ladies and Gentlemen of the Senate. Senate Bill 1670 deals with What is known as Bi-state. It's a compact between Missouri and Illinois. It's a quasi-public agency that aids in regional economic development in the Metro East arear which includes St. Louis, St. Charles, and Jefferson, in Missouri; and Madisonr Vadalabene's area; Monroe, Senator Ralph Dunn's area; and St. Clair is in my area. The Agency operates the Bi-state Transit System, the Bi-state Airport, the Gateway Arch Transportation System, as well as coordinate the activities of the Port of Metropclitan St. Louis. The Agency is composed of five commissioners appainted by the Governor of Missouri and five commissioners appointed by the Governor of Illinois. We now have what is known as the Metro East System. It's only that the hard work that was done by Senator Dunn, Senator Vadalabene and myself, that federal funds came into being. This is an important piece of legislation, and I'd ask your most favorable support of this Senate Bill 1670. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Dudycz. SENATOR DUDYCZ: Thank you, Madam President. I'd just like a explanation for clarificationy at least in my mind. Senator, youdre -- you are employing peace officers through ccntracts. You're talking about existing peace officers would be contracted wlth the Bi-state Service Region to provide police service? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hall. SENATOR HALL: Yes, Senator. It requires the Bi-state Developnent Agency to hire pollce officers only through contract with law enforcement 41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 agencies within the Bi-state area -- service area, and prohibits the Agency fran issuing Weapons that can cause bodily harm . It includes the light rail vehicle in the definition of the conveyance. And that's What I'm saying. Both states must agreer and .the commissloners, but -- or else we will not have this compact...tinaudiblel... If that answers your question.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

Well, that's What -- what kind of brought this to my . : attention, that the staff analysis says that the bill stipulates that no personnel shall be issued any weapons that can cause bodily harm. I would just like to know: What kind of weapons are 1 there out there that are Weapons that cannot cause bodily harm?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hall.

The Missouri legislation mostly discusses about firearms and things. In other wordsr for us to have it# both states must agree to it.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

So, in other words, you're not really preventing them from having firearms on their side lf they are peace officers; youlre just not allowing the Agency to issue these weapons? PRESIDING OFFICER: (SENATOR DONAHUE) . ! Senator Hall. I ! SENATOR HALL: i Youlre correct. The Agency will not issue. There's ''No ' personnel shall be issued any weapons that can cause bodily harm.'' And both states must agree to it. I 42  STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day Aprll 14r 1994 PRESIDING OFFICER: (SENATOR DONAHUE) 1 Further discusslon? Further discussion? Seeing none, the -- Senator Hall, to close.

. Yeah. I ask for your most favorable support.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bi11 1670 pass. Those ln favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Senate Bill 1670, having received the required constitutional majority, is declared passed. Senator Hallr on Senate Bill 16727 Read the bill, Madam Secretary.

Senate Bill 1672. (Secretary reads tltle of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hall.

Thank you, Madan Chalrman and Members of the -- of this Body . East St. Lcuis has What we call the Financial Advisory Authorlty of the City of East St. Louls. If you remember, Governor Thompson helped get this legislation through, and the East St. Louis Advisory consists of five members appointed by the Governor. The Authority is considered an agency of State government. The purpose of the Authority is to provide a secure financial base for East St. Louis so that the City can provide basic municipal services within its boundary . In 1990, the Authority appointed the City 's first annual financial plan that detailed revenue expenditures: debt services, cash resources and et cetera. The City's annual budget must be approved by -- each year. The Authorlty may 43  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14: 1994 request that the Illinois Development Finance issue bonds in behalf of East St. Louis as required by law r to meet its debt services obligation. What that means is this: The State of Illinois loaned the City of East St. Louis four million dollars. Everybody on this Ploor vcted for this legislation. Can't thank you enough for doing it. But now What We're saylng is this: You've got this money. Youdre getting money from the boat down there. Pay back this four million dollars. And that's What this bill is to do. And I'd ask your most favorable support.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing noney the question is, shall Senate Bill 1672 pass. Those in favor will vote Aye. Oppcsed, Nay. The voting is open. Have al1 voted Who wish? Have al1 voted who wish? Have al1 voted Who Wish? Take the record. On that question, there are 56 Ayes, no Nays: none voting Present. Senate Bill 1672, having received the required constltutlonal majority, is declared passed. END OF TAPE TAPE 2

PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley, on Senate Bill 1678? Out of the record. Senator Watson, on Senate Bill 1681. Out of the record. Senator Philip, on 1685? Out -- out of the record. Senate Bill 1686. Out of the record. (16)87. Ouk of the record. Okay. A1l right. We are going to the Order of Constitutional Amendnents 3rd Reading. On page 18 of your Calendar...lmachine cutoff). On page 18, middle of the page, is Hause Joint Resolution 44  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 Constitutional Amendment 14. Senator Watson, do you Wish this resolution to be considered? i SENATOR WATSON: Yes, Madam President. Thank you. . PRESIDING OFFICER: (SENATOR DONAHUE) Madam Secretary, read the resolution. ACTING SECRETARY HAWKER: House Joint Resolution Constitutional Amendment No. 14. No committee amendments. PRESIDING OFFICER: (SENATOR DONAHUE) Any Flcor amendments? ACTING SECRETARY HAWKER: No Floor amendments reported, Madam President. PRESIDING OFFICER: (SENATOR DONAHUE) Read the resolution. ACTING SECRETARY HAWKER: House Joint Resolution Constitutlonal Amendment l4. (Secretary reads HJRCA No. l4) 3rd Reading of the resolution. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson, to explain the resolution. SENATOR WATSON: Well, thank you, Madam President. Of course, the resolution was just read, and I certainly hope that everyone listened. Wedve attempted to pass constitutional amendments dealing with State mandates, oh, since -- since I've been here. I first came here in 1978, and Prescott Bloom introduced constitutional amendments here in the Senate, and We've had them in the House, dealing with the problems of dictating pollcy onto units of lccal government, without proper funding. We've had various fcrms of constitutional amendments that have been heard on the Floor. Thls is a -- a variatlon of a previous effort that's been put forth by many 45  STATE 0F ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14z 1994 Members of this -- of this Body. This partlcular constitutlonal amendment would, I think, put teeth in what We tried to dc in 1979, and I was a cosponsor of that State Mandates Act that We attempted to create a situation by which we wouldn't be passing on these costly mandates to units of local governnent. And We passed the bill. It's a fifty-page document that -- that we passed here. And unfortunately, in many cases, what's happening is, it has no teeth. We -- the Department tells us -- Department of Commerce and Community Affairs tell usz ''We11, it is a mandate'' and as a result, we put an exemption on it, pass the mandate on and the unit of local governnent has to comply and spend precious tax dollars - limited tax dollars that they have locally - to comply. And we've dane this cn a considerable number cf times since the enaction of the State Mandates Act, Which tcok effect in 1981. We think that this is a -- an honest effort to try to curtall that. There is the protection here of the four-flfths vote requirement to pass on a unit -- to units of lccal government, a mandate. We have that protection. Education is not a part of thls particular constitutional anendment. Educaticnr under our Constltutionr and units of local government are separated. Most provislons ln the past identified education as a part of the constitutional question that was before the Bodies at that particular time. This one does not. I don't want anyone to be confused. This is a constitutional amendment that is prospective. In the pasty some questions have been asked about hcw thls wl1l impact things welve done previously. Will thls be a problem for nandates Eha: have been enacted over the -- in the past? The answer to that questlon is no, and it's very clear. In 1992, we had before the voters in the general election the mandates question. Eighty percent responded kn a positive fashion, favorkng the type of proposition and constitutional amendment we have here today. I think what we 're doing is simply following the Wishes of the people of the 46  STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 ; State of Illinois by enacting House Jolnt Resolution Constitutional Amendment l4. I'd be glad to answer any questions. I'd be glad to discuss this. And appreciate any questions that may be forthconingr Madam President. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? Senator Rauschenberger.

... lmicrophone cutoffl...president of the Senate and -- and Members, I rise today to ask you to carefully consider the vote you're about to make on this constitutional amendment. I think the amendment may well be gocd and well-lntentioned, but it's an amendment which will have far-reachlng -- or cculd have far-reaching effects on the future of this Chamber. I'd like to -- briefly, 1'11 quickly read the -- the definition of ''unfunded mandates'' as set forth Ln this -- tn this constitutional amendment. It says, ''Whenever the Legislature or any State executive actlon requlres a unit of local government to establish, expand or modlfy its activities in...a way to necessitate additional expenditures of revenue by that unit of local government...'' That's the definition. There 's no botton level; there's no top level. There's no -- there's no specifics ln that at all. Any actlon wlll be -- that we pass would be subject to court challenge. Nearly everything a General Assembly does is a mandate on somebcdy. That's the role of the Legislature in -- in American government. We mandate to businesses. We mandate people wear helmets or orange blaze caps when they hunt, or anythlng else. And I'm not sure we should qulckly decide to exempt one whole sectlon of our administrative responsibilities - our oversight responsibilities - on a majcr section of taxing and spending power ln the State of Illinois and force ourselves to forty-eight votes to nake a change in that. The definition in our Constitution - *he State Conskitukion - of what local government 47  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 is, is ''dMunicipalities' means ctties, villages and unincorporated I towns. 'Units of local government' means counties: municipalities, townships, all <sic> special districts, and un1ts# ! and <sicl designated as units of local government...'v whlch means sanitary districtsr airport authorities. We're talking about, ln some cases, local governments that don't even have elected offlclals are going to be exempt from mandate by the General Assembly unless Ne have four-fifths vote. Conslder also the difficulty in the appropriation process of attaching trailer bills, and the fact that if either Chamber just defeats your apprapriation bill, your -- your substantive bill dtes Wtth it. I think it's admirable that -- that we 're concerned abcut mandates. I think it's important that We take actiony but let's be honest With ourselves. The Mandates Act didn't Work. This isn't going to work. Welre going to end up with manipulatlon of the process. We lre going to end up with court challenges to What our -- our duties are under the Constltution of the State of Illinois, and I just would respectfully ask my Members to carefully consider their vote, because I think lt's going to have far-reaching effect.

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

Thank you, Madam President. Wll1 the sponsor yield for question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Hendcn.

Senator, this -- for us to overrëde this, is this going -- the bill that calls for a four-fifths vote of this Body and of the House?

PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr Watson. 48  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 SENATOR WATSON 1 : I If lt's lnterpreted that this amendment creates an expenditure by a unlt of local governnent by the Chairr either in the House or the Senate, it would require, yes, Senatorr four-fifths vote.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.

Why -- why such a large, heavy burden to get a four-fifths? I mean, it takes everything in the world to get thirty-six votes around here. Now ycu're gaing to go to four-fifths. And I'm not in favor cf unfunded mandates, but I think that this puts a -- sets a terrible precedent because just about everything we said, as the -- Senator Rauschenberger said r is -- is a mandater because we tell -- we write the laws. We write -- we tell the other local governments and everybody else in Illinois what to do. So every time any bill comes up, someone can say it's an unfunded mandate, and -- and tbere we go. Nowr isn't ik an unfalr burden to make this four-fifths? Why not two-thirds?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, I guess any number could have been used, but four-fifths was what -- what we lve got. We feel that to pass a constitutlonal - - or to pass a mandate onto a -- a unit of local government, the City of Chicago, or whatever it may be, it should require an extra majority. Four-fifths is the language we have here. That's what we have before us.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.

Thank you, Madam President. In -- in *he Senate, how many votes will we need? I 49  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT I 104th Legislative Day April 14y 1994

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watscn.

It's forty-eight, Senator.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon. SENATOR HENDON: j i And in the House of Representatives, how nany Would they need? '

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

! Ninety-flve.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon. SENATOR HENDONI 1 Well, first of allr I think that there's no way you 're goinq to get forty-eight votes ln thls Chamber. I think that it is -- it is -- it is really unfairr and I think that it is a very -- it's overkill. That's exactly what it is. One other question. What -- what ls a mandate?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

In the constitutional amendment that we 've got before us here, an unfunded mandate is ''Whenever the Legislature or any State executive action requires a unit of local government to establish, expand or modify its actlvities in such a way to necessitate additional expenditures of revenue by the unit of local government''

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.

50  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 So would you agree that just about everythlng that we do can be termed a -- a mandate? i

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: ' No, not necessarily at all, Senator.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.

Will you explaln to us What We -- What we can do that -- if the City of Chicago has to spend five dollars - five dollars - because of something we told them to dor and we don't glve them the five dollars, is that an unfunded mandate?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

I would believe the answer to that would be yes.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.

.. . tmicrophone cutoffl...conclusion, you see how silly this can be? You see how -- how ridiculous this can actually be? If they have to spend any money -- fifty cents. If -- if Dupage County has to spend flfty cents because of something that We did, it's an unfunded mandate, unless we give them the fifty cents. There is not even a minimum requirement here of an amount of money that they would have to spend. This is ridiculous. This is ridiculous. And we understand unfunded mandates. It sounds goad in the paper. Might get you a few votes. But we're going to relinquish our power, which is already dininished in this Body, and go to a four-fifths vote: which makes no sense at all. We have to get forty-eight of us to agree. If we come up with 51  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 something like -- anything - anything that costs any money at all - they'll say it's an unfunded mandater and we have to pass it in the Senate and in the House. I'm telling youy my friends, Werre just giving up our responsibility; welre giving up our authority. And I don 't believe the people of Illinois elected us so that We . can come down here and then just give everythlng that -- that is our responsibility over to local government. And I urge a No vote. PRESIDING OFFICER: (SENATOR DONAHUE) , Further discussion? Senator Jacobs.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield for question?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson indicates he 'll yield.

Senator Watson, under this proviso and if this amendment were ! to pass and a increase in penslon benefits orr by law, an increase I in pensions which will automatically be passed on, whether it be a ' cost of living or whatever that may even be in current law, will that have an effect on those increase in pensions for the -- for j those local people that are concerned? I !

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

If it's an expenditure of funds at the local level, the answer will be yes.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs. SENATOR JACOBS: ! j I But it's an ongoing cost of living increase that is previously 1 , I enacted, but it's proactive by virtue of the fact of the increases ! 52  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14# 1994 beln: proactive. Will thatr in -- in facty be considered a ; mandate, or can the city then do that with or without our authcrity, and will they then continue those cost of livlng increases if we don't say they have to? PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Watson. I SENATOR WATSON: I The provision passed at a previous dater obviously this does not impact. But if the expenditure occurs, as you have sald, in out years, then it would be a nonreimbursable mandate andr therefore, we would not -- it would not be enforced.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

Well, will we theny in order to live up to those commitments, have to yearly act with a four-fifths majority to ensure the previous commitments that we have made are fulfilled in the future?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. Senator Watson.

Well, we want to make sure that we -- we give a -- a proper answer and -- and that -- certainly the Senator deserves thatr and that's Why the delay. Our attitude is that it would be enacted in a prior year - prior to the amendment - that it would nat - tt would no* - be covered.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.

Well, thank you. To the bill: Iy for one, probably am going tc give you a Yes vote, but I have concerns. I have eoncerns with the charting of new waters. A four-fifths majority, to me, is -- 53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 is really not ln keeping with my idea of gocd government. I would rather see us introduce a resolution and pass a resolution which ( says under no circumstances can we mandate to local gcvernment. 1 i That would be my druthers. But I think We are sort of missing the boat on one issue, whenever - on our side of the alsle and your side of the aisle - there is diseusslon on the four-fifths vote. Other than the fact that I just don't like that premise, the intent is to ensure that there are no mandates. And I think that i i I is really what the intent of this b1l1 is to ensure. It is to l . ensure that we, as legislators, think long and hard before we mandate to local governments those same things that we get angered by When the federal government mandates those onto us. The people spoke very lcud and very clear in the nonbinding referendum that was taken -- or the amendment that was taken for State mandate -- I mean, local mandates. That Was an issue that they -- they come back almost eighty percent and said, ''Yes, we want the State government to cease mandating.'' So for that reason; I think that this resolution has merit. I hope, though, that lfr in fact, this does pass, that we do an adequate job of ensuring that the people are well-informed. I know We send out our little booklets, and this is not a cheap way to get things done. I would prefer to see us take action and just ban State mandates. We're not going to do that. So therefore, We have to pass it on. I hope we do a good I job of explaining, though, to the people, that what they see and what they think theydre going to get very well may not be what theylre going to get. And in fact, maybe one of the last mandates that we should do, and as my seatmate, Senator Welch, always says, I say as a former mayor - maybe a four-fifths is right for us, and the Municipal League is pushing so hard for us to come with a referendum amendment that calls for four-fifths - maybe we should demand upon local government before this mandate is mandated, or voted upon, that they too must have a four-fifkhs majority to I 54  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day April l4: 1994 enact anything that arrects the taxpayers. And I think that that's something that maybe they should take a long, hard look at.

PRESIDING OFFICER: (SENATOR DONAHUE) We have twelve speakers. So if you can just keep that in the back of your mind. Further discussion? Senator Collins. i

Thank you very much, Madam Chairman and Members of the Senate. I had the opportunity this past year to really tour this State and ! -- and to have an opportunity to talk to small local unlts of i government. And I think most of us out there on the campaign trail heard most of a11 from those units of -- local governments i that were struggling to survive, the need for this Legislature to take scme action as it related to unfunded mandates. But I don't -- and -- and this bill, though, is a good example, I think: of a well-intended idea, but poorly concelved. This bill, in fact, will bring this Leglslature to a grinding halt. NoW I support - I support - and recognlze the need for us to do something about unfunded mandates, particularly because there are hundreds of -- i E or, hundreds of small units of local governments around this State are just struggling to survive and can't even provide essential services. And yet we lmpose upon them, year after year after year, additional liabilities because of unfunded mandates. But, i ! Senator Watson, I would say to you, if this Was, in factz a nonpartisan Body and there was no politics involved in here, I would support this bill. But there is just no way - no way - that i we can be responsible down here and respond to the needs of the people out there if this Body - no matter Which cf us Were in power - had to rely upon a four-fifth majority on every vote - every bill - that required sane kind of expenditure that we pass that impact upon local government. You know that and I know that. So we can -- we have to stop - stop - trying to placate and -- and fool people, because that's al1 we're doing. We're trying to 55  88STATEOF ILLINOIS TH GENERAL ASSEMBLY 1 I REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 respond to a outcry and demand of the people here, but we're not taking the time. Senator Watson can't even answer the questions himself. He can't even tell us what's -- what's a mandate. It gets utterly ridiculous, and I'm suggesting to you that you take I this bill out -- out of the record. It is a very important issue. We got time. Let's try and work out some language that we can deal with and that is going to be meanlngful without bringing thts Legislative Body to a grinding halt. That's -- therefore, I'm gcing to vote Present on this blll.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Fitzgerald,

Will the sponsor yield for questions?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield: Senator Fitzgerald.

Senatorr I was Wcndering: There are two exemptions in this legislation; one is for a legislatively mandated requirement requested by the lacal unit of government, and the other is for mandates passed before the effective date of this constitutlonal amendment. My question is: What does it mean for a local unit of government to request a mandate? Does that mean that the mayor calls his State Senator? Does it mean he writes a letter to the Governor? Is there a village resolution? What does the request mean in this context? I

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, ge would probably have to have some sort of written response. But we do this oftentimes in the Pension Codey where We allow for the units of local government to sit down With the -- the pensioners and negotiate. And that would be certalnly one 56 .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4: 1994 that Woùld be considered exempt.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fftzgerald.

I nean, there could be some people in a village -- half the village board would be in favor of the mandate; the other half against 1t. How do we determine, every time, whether there has been a request that meets the definitlon or meets the standards of this amendment?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Senator, this definition is currently in -- or this -- is currently in the State Mandates Act, as we now have it. That would be -- and -- and read what the exemption says. It ts by the local unit of government affected. Okay? So you couldn't have a particular community come to us and ask for a mandate that has implicattons outside of its particular area. That would not be considered exempt.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fitzgerald.

That itself causes -- raises ques*ions, because the Constitution forbids specëal legislation Where general legtslation is applicable. So is it even constitutional to pass legislation that would only affect, say, Palatine, in my dlstrlct? That -- but 1et ne -- 1et me just brtns up ancther hypothetical. There is a situatlon right now where certain villages want a change in the IMRF funding formula that would cause an lncrease ln expenditures, and certain municipalities in the State want that; other municipalities ln the StaEe do not want that. Whatr then, do we do with -- with a situation llke that? ! 57  STATE OF ILLISOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 I

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

I'm going to have to have the question repeated. PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Fitzgerald.

Right now there is a request by the IMRF - lobbylsts for the IMRF - to have an early retirement program statewide that Would cause munlcipalities to increase their revenues. I assume that that would be an unfunded mandate if we pass it. It is my understanding that some municipalities favor and would request that unfunded mandate, but others would not. Thereforey what would we do in that situation? Would we just allow those conmunities that -- that are in favor of that proposal to not come within this Act? Do you follow that?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes. Thank you . And I Would -- I Would assumer if I follow you correctly, the local communities would certainly have to ask for that particular mandate. We mandate many timesr and we create a financial means by Which to solve that mandate - naybe sometimes in the Pension Code, other -- other means. Those certainly would be exempt.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fltzgerald . All right. Senator de1 Valle. SENATOR dEL VALLE: Thank -- thank you, Madam Chair. Question for the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator del Valle. SENATOR dEL VALLE: 58  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14 r 1994 Senator Watson, the advisory referendum that you mentioned - did that advisory referendum state specifically a four-fifths vote requirement?

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Watson. '

Noz it did not, Senator. Not four-fifths. It just simply -- the concept of State mandates. PRESIDING OFFICER: (SENATOR DONAHUE) i ! Senator de1 Valle. SENATOR dEL VALLE: So what the voters supported was -- Was a concept that you would agree that we're all generally supportlve cf, and that is to control the number cf mandates that we impose on units of local governnent.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes. Thank you. I would like to think that we arer but our track record, Senator -- we have in place the State Mandates Act, and our track record is deplorable when it comes to trying to stifle what we would consider additional mandates of the past ten years, since the -- the State Mandates Act's been in place. ! I

PRESIDING OFFICER: (SENATOR DONAHUE) Senator de1 Valle. SENATOR dEL VALLE: So hoW did We arrive at a four-fifths vote?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

That question was asked a moment ago, and my response to that is we could use different percentages of -- of the Body. i 59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 Four-fifths was one that the -- the wrlters and drafters of the bill, the units of local government that came cver -- the legislation that came over from the Houser that's What's in there. i And four-fifths is not -- sure, it's an extra majorityr but if We j think it's so darned important that a unit of local government ! ! have to comply With a particular mandate, an extra majority is not I necessarily unfair. And four-fifths is -- is not unfair. i

PRESIDING OFFICER: (SENATOR DONAHUE) Senator del Valle. SENATOR dEL VALLE: Does this constitutional amendment -- would this affect federal mandates?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes, it would. r

PRESIDING OFFICER: (SENATOR DONAHUE) Senator de1 Valle. SENATOR dEL VALLE: So that if the federal government says to us that We've got to do certain things, Ehen We can then turn around and not do i: because of the four-fifths vote requirement. Then what happens to us Wlth the federal government?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

We would -- this question came up in committee and has in the past. We would be required to pass it by a four-fifths majority. If we do not, it has to be funded.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator de1 Valle. SENATOR dEL VALLE: 60  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 1994 Let me restate the question. If -- if we fail to pass this w1th four-fifths votes, then We are then saying to the federal government that we are rejecting their mandate. And then what position does that put State government in? What -- what do we do? I -- I don't understand..

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

The answer to that Would be yes. We would have to implement the federal mandate.

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

Madam President and Ladies and Gentlemen of the Senate, it is slgnificant to note that this resolution passed in the House With 113 votes bipartisan support. It is also significant to note that it's time that we stopped invoking mandates on these governments and not paying for then . The fact that therels four-fifths kill make us think a little more soundly, rather than just go ahead loosely. We've been accused of doing loosely before, so why donl: we just acE respcnslbly for a change, pass this on. It has to pass by a vote of three-fifths of al1 the voters of Illinois - registered voters - so let's take a chance on it and show how responsible we can be. A11 of these other shibboleths have been brought in, and saying, ''Ohr I would have voted for thisr but this does this and that.'' Ilve been a former mayor, just like Senator Jacobs. We know what it's al1 about when mandates are inflicted upon a municipality. And I've been a village attorney. I've been a township attorney and a school district attorney. I can kell you right now, it's not easy When we start pushing stuff and not paying for it. I think it's a step in the right direction, and 1et the people vote for I support 61  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 1994 the amendnent.

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

Thank you, Madam President. Ladies and Gentlemen of the Senate, I'm going to ask you to do a very difficult thing. Those of us who run for public office, we understand what public appeal, public perception means. It's a very important concept, but I'm going to ask you to vote for substance over perception. The substance this and I think it's interestlng that most of this debate centers on the forty-eight votes that Would be necessary to pass an unfunded mandate. I don't Want to address that. want to address a different approach . In order to pass a mandate, we're going to have to have an accompanying appropriation bill. The reason that we don't have accompanying appropriation bills koday is because, for the most part, what are mandates, what would be a mandate under Senator Watson's proposal, we don't really perceive it to be a mandate. But 1et me tell you that on today's Calendar, a very cursory examination and there's probably more, because I didn't really go into great detail - the following bills, in my opinion, in my sEaff's opinion, would be mandates under this bill. And these are bills that probably will pass today, tomorrow, next week: Senate Bill 1206, by Senator Petka; Senate Bill 1477, by Senator Raica; Senate Bill 1279, by Senator Farley; Senate Bi11 1336, by Senator DeAngelis; and Senate Bill 1263, by Senator Raica. not golng ko go through and tell you what each of those bills are, but they are bills that mosE of us will probably vote for because they're, quote, ''good bills''; they're good policy. They are what We have been elected to come down and vote for. That's number one. It will require a dramatic change in what our duties are. Senator Collins talked about hamstringing us. It will. And our -- the public doesn't 62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll l4, 1994 I understand that. Let me tell you what the public has to be made to understand. Noy let me correct that. Let me tell you What We have to be made to understand. State government in Illinois is a partnership. The partnership is where ke and local government I f work together. When we pass a sales taxz for example, we take a sales tax that is State funds and a sales tax Which is local funds. Every local fund-raising revenue measure is authorized by i us. We've allowed, we've permitted, we've authorized local taxes to be raised. Real estate taxesr sales tax, franchise tax - ycu name it. That's a partnershlp where we authorize - Wer the General Assembly , authorize - local governments to raise their taxes and use that money as they see fit. We keep some State noney and we use that to be spent as we see fit. But it's a partnership. And once in a while when we pass a mandatey We expect local government, for the most part, to be able to afford that nandater because at the same timer in some other bill at some other timer we've given them the local resources to raise local noney to pay their share of what we impose upon them or what they want to do. That's a partnership. Let me tell you, if we're golng to act responsibly, tf this resolution passesr We should -- tomorrow or in January after this passes on the -- on *he constitutional amendment on the ballot, we should repeal local income tax -- local sales tax, I'n sorry. We should repeal the local share of riverboat gambling. We should repeal every part of local revenue raisinge including the property taxes. Why? Because then we will have enough naney, as Ehe State, to properly tag on tbe appropriation bill that every one of our mandates calls for. Now do you -- do you expect that uedre going to do that? I would suggest to youz respectfully, that we will not. We are sent down here to set certain policies, to share the ability to raise money. Thatfs what we do with our local governments; that's What we do for ourselves. And I would suggest to you that this is a 63  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day April 14, 1994 very nice perception bill. It is an outrageous substance bill. urge a No vote. And let ne point out one closing thing: This is a House Jotnt Resolutlon; this passes with thirty-six votes tcday, will be on the ballot. There is no doubt, no doubt in my mind, will pass overwhelmingly, because of what the perception is, in the Ncvenber election. urge you to be the responsible publlc officials that you have been elected to be and vote No.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis, for what purpose do you rise? SENATOR DeANGELIS: 80th for a point of personal privilege and a comment on the blll.

PRESIDING OFFICER: (SENATOR DONAHUE) State your point. SENATOR DeANGELIS: In the gallery on my left is Brookwood School 167, visiting with us today. I think this ls one of four groups We're going to see with Superintendent Steve Racz, who I've known since he Was born. Would you please stand and rise?

PRESIDING OFFICER: (SENATOR DONAHUE) Will you rise and be recognized. Welcome. Further discussion? Senator DeAngelis. SENATOR DeANGELIS: You knowr I'm sitting here listening to this debate, and I'n just hoping that when people are listening to us, that they realize some of the fantasy from the fact. Senator Hendon, if somebody came down here with a five-dollar mandate bill on the City of Chicago, not only should it require four-fifths votes, ought to be canned before it even hits this Floor. Some of the examples that I've seen regarding why you should not vote for something are outrageous. I looked at our Calendar, and let me 64  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 read to you the roll calls in the last tWo days: 57 - on the bills that passed - 57 to ncthing; 54 to nothinç; 57 to nothlng; I 57 to nothing; 57 to nothing; 57 to nothing; 57 to nothlng; 49 to 4) 57 to nothing; 57 to nothing; 57 to nothlng; 56 to nothing; 55 l to nothing; .56 to nothing; 57 to nothing; 56 to nothing. Qoday - that's yesterday - 53 to nothing; 53 to nothing; 52 to nothing . Xou know, I can go on and on. There isn't one bill that passed except one - Dillard's bill - that didn't get the four-fifths majority. Now we're acting -- we're acting as if we are putting into the Constitution an impossible act. Well 1et me defer to you one thing: When it comes to mandates, it ought not to be a partlsan issue. A good mandate ought to receive fifty-nine votes. And 1'11 tell you, the worst mandates we've ever passed in this place since I've been down here are the ones that got thirty-one, thlrty-two and thirty-three votes. And I'm absolutely astounded. Thls should be a constitutional amendment proposed by the Minority in the Senate, not the Majority. This is an opportunity to give you a voice in nandates that you might no* have to preclude us Who are ln the Majority from doing a partlsan mandate. I cannot figure out Where a1l this hollering and squealing and for what reason it's coming from. I urge that we pass this very wonderful ! constitutional amendment.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senator Cullerton.

Yes, Senator Watson, if you could yleld. I have...

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yield. Sorryy Senator Cullerton.

I am genuinely curious as to how this would affect criminal 1aw bills, and I just Want to tell you my concerns and -- and maybe you can answer it withouk a problem . As I -- as I read the 65  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 paragraph (a), Whenever the Legislature passes a bill, in effect, that -- that causes local gcvernment to expand or modify its activities in ways such as to require addltional expenditures, then the State shall reimburse them . That's what the -- the crux is. And I think that in the case of a criminal law, any criminal 1aw we pass, it itr by the Way the system works: it does cause, you know, some additional expenditures at the local level: the countyr the court reporters, the sheriffs, et cetera. So it seens to me just about every criminal law we pass would be -- Would be a mandate. Now as I understand the Way this thing would work, if it passes, and we don 't say that it's a nonreimbursable mandate in other wordsr if we don't exempt it - then it would it would require reimbursement. So assuming we pass a criminal law , We donlt try to exempt it from the mandatesr would there be a -- subsequent legislation that would provide for a method by uhich the -- the State would relmburse the county and the city for the cost of the the crimlnal justice system, and -- and do We have any ldea how much that might be? And is that -- is this premise that I'm laying out here, do you agree wlth it?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

I'm not sure I understand totally the questiony but if it does not receive a four-fifths vote, then lt becomes an unenforceable mandate and a unit of local government does not have to comply.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.

Then 1et me see if I understand how this four-fifths thing works. As I read the -- the paragraph (b)y a mandated requirement that is not funded is nct enforceable while not funded unless it passes with a four-fifths and it specifically states that it's not 66  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 reimbursable. 6o I contemplate a sltuation where somebody puts a criminal law bill in, increasing penalties; they don ft -- you l know, let's say it gets four-fifths but it doesn't specifically say it's not a reimbursable mandate; it's intended to be a relmbursable mandater and it passes. As I understand it: it just doesn't become enforceable until the money is sent from the State i to the units of local government. So I just want to know, how l would that -- procedurally, how would it Work? Let's say We pass a bill - crlminal 1aw bill; it increases the penalties; it goes into effect January 1st, 1995. We anticipate itlll cost money to the locals. We don't exenpt it from the mandate. We -- it might ; have passed with forty-eight votes or not - that's not important. The polnt is we Nant it to be reimbursable by the State because We acknowledge that that's our obligation. How does it -- procedurally, hoN do we appropriate the money for a cost to local government? Do we wait for them to send us a bill? Do we -- I'm just looking to see how it would work. :

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Under the current State Mandates Act, the Department of Ccmmerce and Community Affatrs would make an estimate of the cost, and an approprtate appropriations bill then would follow. PRESIDING OFFICER: (SENATOR DONAHUE) j Senator Cullerton.

Bu* -- but sinee this says ''A mandated requirement that is no* funded is not enforceable while not fundedi', if we're talking about a criminal Statute -- I guess it's kind of important to know i Whether or not it's enforceable or not, whether or not it's indeed l a Criminal Statute that is -- that is the 1aW. And I -- I Would anticipate that We would not Want ko pass a bill -- you knowr if 67  jTATE 0F ILLINOIS 88TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 1994 we pass a criminal Statute I guess, they almost always pass with more than forty-eight votes, yet we could -- to be safe, We could put in in every bill ''This is not an enforceable nandaten, and then we 'd never have to worry about this. But if -- it is our intention to really and truly reimburse local governments and criminal 1aw is a major expense of local government, and wedre the anes that impose it - if -- we have to reimburse them and if we want to reimburse themr I'm just curious to know, procedurallyy how the money would be appropriated. If it's approprlated the year after the bill went into effect, is there any question that the -- that the crininal law bill was, in factr enforceable? You know, this is a constitutional amendment. I'm not trying to -- I'm asking this I'm not involved in a political diseussion here. IIm -- genuinely curious as to know substantively how this mlght work.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, 1et me respondy and then I would like for one of our legal experts on this side to enter into this. And I'm not sure that totally understandr Senator, and I hope ycu appreciate that. But if, in fact, the funding is not therer it therefore is not -- is a mandate, an unfunded mandate, and is not then required by that unit cf local governmentr the funding and the dollars and cents don't follow, and if an appropriation is not gnacted. Now, hope thak answers your question: and I'd like to defer to Senator Hawkinson.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.

Thank you, Madam President. I disagree with your premise, Senator Cullerton, in part. I think we pass, for example: a 68  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 bill to outlaw carjacking: that that would not be a reimbursable mandate. I -- we have a Mandates Act ncw, and under that Mandates Act we have exempticns for due process mandates. And I think most of the bills like that that we pass would fall under that . exempticn under the current Mandates Act and would be interpreted ln a consistent manner with that due process -- With that due process exemption to our current State Mandates Act. Now if we pass a bill affecting the criminal justice system that says, 'You have to institute a new pretrial release program that requires new personnel and so forth'', I think there would be a dlfference there, and that would be a direct requirement of new personnel or a new progran . But I do not agree that every tine we change a penalty or change the definition of a criminal offense, that it would fall under this constitutional amendment. And inasmuch as - - as I state that opinion, I disagree both with your premise and With the answer given by the sponsor. But I think there could be bills affecting the criminal justice system where we mandate neW personnel, we mandate a salary increase - something like that - that would fall within this Act. I think that the current Mandates Act that we have on the books With the due process exemption Would cover many of the situations involved in your premise. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton. ! SENATOR CULLERTON : Yes. Just -- the latest response raises a questlon in my mind -- another questicn. Is the due process exemption that's in the current Mandates Act, is that not inconsistent with this constitutional amendment? In cther words, if this constitutional amendment passes, it's a constitutional anendmentr not a Statute. Are you suggestin: that the due -- that the current Statute that has exemptions for due process is still operative? 69  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 1994

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson, do you yield to Senator Hawkinson? Senator Hawkinson.

In my opinion, Senator, the amendment is not inconsistent with that Statute. It is not spelled out in the amendment, but in my opinion, is not inconsistent with

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

Thank your Madam President. Just one questicn for my oWn personal clarificationr Senator Watson. My concern with your constitutional amendment is regarding tax caps. How Will this constitutional amendment affect attempts to impose tax caps on local governments? In other words, will thls constitutlonal amendment require a four-fifths vote of the General Assembly for tax caps to be imposed on on local governnents throughout Illinols?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes. Thank you. Under -- under my interpretation and my understanding, it would not. A tax cap only inpacts the revenue side of a unit of local government. other words, a tax cap llmits growth. What this does is limits expenditures. And Eherefore, a *ax cap does not require an expenditure by a unit of local government, and therefore should not be required a four-fifths vote.

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

Thank you, Madam President. A question of the sponscr.  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 PRESIDING OFFICER: (SENATOR DONAHUE) ' Indicates helll yield, Senator Palmer.

Senator Watsony Would you give me examples of an unfunded nandate, as you understand it?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Wellr any kind of a directive that we require on a unit of local government that Would require an expenditure. That would be considered a mandate. Now, I mean, we can -- there 's a 1ot of examples of that, but that's my interpretation, and that is the language that's in the constitutianal amendment.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

Senator Watsone are there other states that are requiring this legislation that you are propcsing?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator WaEson. !

Well, I'm not sure that it would identify, particularly this language, as we now have it before usy but there are other states who do limit the ability of State government to pass onto units of local government and other entities mandates which require a cost.

PRZSIDING OFFICER: (SENATOR DONAHDE) Senator Palmer.

Thank you, Madam President. To the bill: This is a very, very disturbing bill. Whah -- the fach that Senator Watson did not give me an example of exactly what he means or understands by unfunded mandate and that the language itself is very generaly 71  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 1994 suggests that what is a mandate for one, would be responsible leadership for another. And certainly, think that's why we are down here. I would suggest to the Body that the dilemma is today that *he issues that We are facing are global and not parochialr and thaty in fact, the nore We parochialize legislation and decision making, the farther off we are putting issues. Let me give you an example. Just recently Carnegie produced a report in which they sald that in the United States, we are not only doing an inadequate, but a very poor job of providing what is necessary for child development and care. The inplications of this mean that we do not change this soon, we will have generations of children who are incapable of living in the global world that we are deslgnlng right now. And let me tell ycu ehat thls would suggest we pass this leglslation. We a11 know that child care is fragmented; it has no sense or reason throughout the State. Let us say that for the sake of declding that the next generations of children should have certain bottom-line preparation, we so-call mandate that there be standards set for those critlcal years that the Carnegie has identified as at least up to three to five years af age. Setting such -- such standards would demand that in localities all across the State of Illinois, these vould be implemented. This is for the sake of our future. Now should we choose not to do that because a local prlncipality decides that this is not adequate and that they don't want to do so, then we are jeopardizing the future of many children throughout this State. suggest to ycu that this is bad public policy; that we should not legislate by sound bites, and that if we can't even nention and say What is an exanple, that we have absolutely no business passing this bad plece of legislation.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Tom Dunn.

SENATOR DUNN:  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 104thLegislative Day APr1114,1994 1 I Thank you, Madam President. A question cf the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield.

Thank you. Senator Watson, I want to follow up on Senator Cullerton 's line of questioning for a moment, if I may. In my district I have State prisons, and wedre often raising the penalties on inmates who commit crines on guards. And when those indivlduals are prosecuted by the State's attorney who sits in the county where the prison sits, there is sone compensation paid by the State to the county, because the theory is that there are extra State's attorneys having a greater obligation than in a county that does not have a pcison. I guess my question is, if -- if -- and I might also add that the State 's attorneys' position is that they don't get enough money. The State's position, of course, is that they 're overpaidr in terms of reimbursement. But my -- my real question is, if We do this and there isn't a four-fifths vote in some manner, does that mean then that since there isn't proper funding, that the obligation to prosecute then becomes an unfunded nandate, that means it dcesn't go lnto effect?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, obviously youtre asking a 1ot of questions of -- of me of trying to interpret a constitutional amendment, Which ultimately would be interpreted by a -- by *he Supreme Court. And so you'll have to understand *hat my responses obviously don't, maybe, hold a 1ot of water here. But 1et me just say this -- and I understand what you 're saying, Senator, because I have three correctional centers, not Within my district - two within my district and one just outside - and I hear that -- that concern quite often. My feeling of that Nould be that that would be the i 73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day Aprll 14: 1994 State's responsibility, obviously, and -- and currently is, and they attenpt to fund that. But for us to say that it would be an unfunded mandate, I'm not sure that that would be necessarily the case, because it is so speciflc, as far as the correctional centers that are located Within the State of Illinols. ' i

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn. j

I -- I thank you for the answer. ït's -- this is a difftcult question. When we impose this four-fifths on ourselfr we're not really imposing that four-fifths on the local gcvernment though, are we? For lnstance, in a home rule community, if they decide to increase an ordlnance penalty or -- or cost forr say, a vehicle sticker, we're not mandating that they nust pass that ordinance by four-fifths of their body, are we?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Noy we are not. PRESIDING OFFICER: (SENATOR DONAHUE) ! I Senator Dunn. SENATOR T. DUNN : i And when -- when we -- when We run into trouble every year ln terms of not having enough money When the State owes - as it does today - a large obligationy and the Governor goes out and borrows five hundred mllllon dollars to keep us currenk wlth pharmacy i payments or what have you, we 're not imposing on ourselves, I because that's a cost to the taxpayer, since they have to spend -- or -- or we have to spend money to -- to borrow money, like ! 1 anybody else. So we're passing that onto the taxpayer. We're not imposing cn ourselves a four-fifths vote to do that, are we? ' l

PRESIDING OFFICER: (SENATOR DONAHUE) 74  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 1994 Senator Watson.

Well, that would not be a direct cost on a unit of local government, and therefore, the answer would be no.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.

No. It's not a cost on local government. My poknt is that we're -- we're not doing curselves what we're telling other peoples to do. It's sort of like a -- a mandate in reverse. It's okay fcr them to have four-fifths -- cr have us have four-fifths when it applies to -- to a lccal government, but it's not okay when it applies to the taxpayer and costs the taxpayer more money for us to impose a four-flfths on ourself. That's what I meant. The other question I have is that, like al1 of us, I hear *he -- the objections to mandates in our travels in cur district, but the question that I can never get an answer to, to my local officials, is ''What percent of your budget is driven by a State'' - underline State - ''mandate?'' And guess my question to you is, do you have any facts or figures to back up the local officials who claim that mandates are a tremendous burden? Is there someone on your staff that's provkded you wkth any percentage or even doktars that State mandates are in a local budget?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, since the enactment of the State Mandates Acty there have been - under the interpretation of the Department of Commerce and Communtty Affairs - two hundred and thirty-seven Public Acts that would be identlfied as unfunded mandates. So I think that addresses some of the concerns that have been previously mentioned. Of that, the Department of Commerce and Affairs <sic> 75  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4r 1994 estimates at somewhere over two hundred millkon dollars is the cost of implementing that -- those nandates.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn. I SENATOR T. DUNN: . So that's a cost of two hundred million dollars across the ! State of Illinois for -- divided by every -- every governmental agency, and if I remember right, we have scmething like fifty-seven hundred taxing bodies in -- in the State of Illinois. That would not include, of course, thcse villages and other bcdies that are not allowed to increase their own taxes. Would that be a falr -- a fair way of expressing that?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Senator, I'm not sure at what point and how the Department of Commerce and Community Affairs reached tbis particulaz number and if they went out and asked mosquito distrlcts and library districts and everybody else the lmplications of this. But what their determination was, that the underfunded mandate on local 1 governments - there's about two hundred and thirty-seven of them - cost effect of Which would be two hundred and one million dollars i over the last -- since the enactment -- of the State Mandates Act. PRESIDING OFFICER: (SENATOR DONAHUE) . Senator Dunn.

Well, Senator, by my -- by my division, that'd be about twenty-five dollars per person in the State of Illinois -- We attribute to these mandates. So, thank ycu for your answers.

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

I 76  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 I think more kmportantty, tomorrow 's headline is going to read : ''Hel1 Freezes Overdv because I think this is the first time that Rauschenberger and I are ln such agreement with Senator Berman, Cullerton and Hendon and Palmer. So I think that's probably the - - really golng to be the big news tomorrow . I've got some -- certainly some concerns, and -- and one of thcse is on the -- is talking about positive issues, Senator Watson. I've got a piece of legislation currently in there nowr which will llmit local governments' ability to so blatantly use backdoor referendums. In other words, the bl1l just drops the number of signatures needed from ten percent of the voters down to five percent of the voters. It requires local governments to put in a detailed map so individuals who are going to be taxed know about what areas are going to be taxed. Now that is a positive mandate. And it's interesting that the Municipal League fights so hard against that. They Want to limit our ability to tax and our ability to pass nandates, but af course, the Municipal League doesn 't Want to llmit themselves from doing it locallyy which I flnd very ironic. My question to you is: Thls piece of legislation is going to require some additional paperwork to be done by the county clerk, if it passes. Now because that ls a cost, then this would be a mandate and would require four-fifths to pass, even though it's a pro-taxpayer, positive bill. Is that correct?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, if it cosks money, I'm not certain it's a pro-taxpayer effort, but if it does, certainly then this wculd be considered a mandate, Senator, and would come under the -- the constitutional amendment's directive.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Syverson. 77  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRVPT 104th Legislative Day April l4, 1994 SENATOR SYVERSON: Well, (t's going to cost money, 'cause a county clerk is goëng to have to at least spend a few dollars printing up a -- a petition. So the -- soy every blll - I guess back to what Senator Hendon said - every, single bill that We pass is a mandate. If it costs even a dollar, any county clerk could write a simple letter saying, ''This is a mandate and We 're not going to abide by itn, and then it -- then it's going to be al1 in -- Who makes that decision? If a clerk says that they feel it's -- it's a mandate, and the Chair rules that it's not a mandate, whose ultimate decision is whether or not lt's a mandate or not? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: Well, the Chair would rule. The Chalr would make that ruling. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson. SENATOR SYVERSON: I'm not sure if that's correct. If the -- if a local government feels that it's a mandate and they -- they send ' notification, as you said - written notification - down here, saying this is a mandatez are you saying the Chair -- which Chair makes that decision to override the local government and say, ''Nc, this is not a mandated '? Wculd that...tmlcrophone cutoffl...would that letter go to this Body and this Body would rule that, no, it's not a mandate, or Would it be forced to go to the courts? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: Well, we rule here, as they do in the Hcuse, on preemption of home rule. That is a -- a ruling of the Chair. This -- this type of constitutional amendment and this type of concern would also be 78  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14z 1994 a ruling of the Chair. I'm not sure, I guess, I totally understand where you're coming from on thls. Just understand that j if it takes an expenditure of a unit of local government and if that's a determination of the Chair, then that would require a four-fifths vote. .

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson.

I guess I'm still. -- my questlon is, if a vote passes with thirty-six votes - we don't believe it's a mandate - a11 it takes is a county clerk or some local governmenb official to write a letter saying, ''I believe it is a mandate.'' Nowy Who decides -- what if the House decides one Way and the Senate decides another on the ruling of whether or not itfs a mandate? Who decides Whether or not it is a mandate or it's not a mandate?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Well, first of all, I know you haven 't been around here a long time, but that happens. I mean, one decision from this Chair doesn't necessarily dictate that that's going to happen over there, and vice versa. Secondly, if -- if ity in factz is a cost - - now you -- that's -- that's the thing that -- I don't think you're -- you're understanding, or maybe you 're not hearing, is the fact that if it is a cost and if it is a deternination that ue do no* pass i* by a four-fifths voEe, and then llElgation would occur from the local unit of governmen*, and then a determinakion would be made, whether, in factr we did violate the constituticnal I amendment deallng with mandates, and Whether or not then you have to enact that cost locally to comply . PRESIDING OFFICER: (SENATOR DONAHUE) I I Senator Syverson. i 79  STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll 14, 1994 I 1 SENATOR SYVERSON: ' Then, I guess, back to What Senator Palmer's questlon Was: Can we think of any legislation that we could pass that dces not have a -- a cost? I mean, even if it's a dollar, that there 's a cost. And then, that's What welre saying, is every piece of legislation that we pass out of here from noW on is going to have to be four-fifths or it's going to have to be lltlgated. And now we 're talking about mandating court costs onto local governments to have to litigate whether or not something is a mandate or not a mandate.

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

Thank you, Madam Presidenk. A question for the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Lauzen.

Senator Watson, would you agree that we mandate Without funding too many restrictions on education?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Most certainly, yes.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

That would be ny flrst concern about this bill. My second concern is that it takes thirty votes to raise a tax; lt takes thirty votes to elect the President of the Senate; it takes thirty-six votes to override the Governor; it takes thirty-six votes to inpose home rule government. My questlon is: What will happen if those voting Yes today are wrcng, and we change the 80  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day April 14, 1994 fundamental document of our State government - the Constitution - 1 to the four-fifths or forty-eight-vote majority and then the General Assembly grinds to a halt? What will we have to do to reverse that error? , PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: Wellr We could, first of all, fund those mandates to a unit of local government. We can fund those, and then we can also pass it by a four-fifths vote. I think what -- again, what is being nissed here is that by a determination of an agency of State government - Department of Commerce and Community Affairs - there have not been that many -- two hundred and thirty-nine unfunded mandates for a total of over two hundred mlllion dollars. Certainly signifieant. There's no bigger problem fcr my units of local government than having to deal with the dictation of policy from Springfield, and having to comply and money not being made available. I don 't think that we would find that lf we vote for this and it becomes a part of our Constitution, that we nade an error of the ways of the General Assembly. I don't think that that would be a consideration we would have or have to be concerned. PRESIDING OFPICER: (SENATOR DONAHUE) Senator Lauzen. SENATOR LAUZEN: My concerns are that, number one, education is not coverêd in this, and number two, that it takes forty-eight votes in the majority. We nay have a much nore attractive alternatlve. My final question is) Is it true that you're also sponsoring Senate Joint Resolution No. 7 that includes education, and Would require a nore reasonable three-fifths voter or thirty-six votes, to do this? 81 (  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 104th Leçislative Day April l4, 1994

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: i Yes, I an. - j

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lauzen.

Then ny conclusion is that this concept is a good one, and I adnire the initiatlve of bringin: it forward, but that I think that this bill is not good as it -- as lt stands now. If this Jolnt Resolution 14 fails to get the thlrty-six votes tcday, then I pledge to you support for your Senate Jolnt Resolution No. 7 with education and three-fifths vote. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senatcr Demuzio.

Well, thank you very much, Madam President, Ladies and Gentlemen of the Senate. I rise, also, in opposition to thls proposal. I don 't think there's any questlon about the fact that we, as a Legislative Bodyr have not done very well about addressing ourselves to mandates that we require local governments to undertake, but I think this debate today is more about the lack of discipline of the Leqislature to discipline ourselves to come to grips with the State Mandates Act, Senator Watson, that you recently passed. And what we 're about to do here, I think instead of discipline, wedre about Eo punlsh ourselves for requiring Ehis four-fifths piece of lesislation. I don't know why anybody kn the Majority on the Majority side Would Want to have their will thwarted by the Minority, and I know I'm arguing against myself today, because we are in the Minority. But I can't imagine thirty-two Republicans on that side of the aisle who want to pass something that is meaningfule that is purpcseful, to then have to i 82  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 104th Legislative Day April 14, 1994 come over here and get - what is it - fourteen votes on our side of the aisle. And I will grant you that the price will be heavy. Everybody over here will say, 'CI want this grantfff or ''I want this hlghway''# or ''I want this''#' or ''I want that''. And by the time you go back into your Majority Caucus and your Members find out What youdve given away to the fourteen Members on this slde of the aisle, then all your Members are going to want something. Andr boy, you're loading up -- you're loading up a 747 that ain't ever going to get off the ground; not going to pass; it's goëng to be nothing but pork-barreled. Let me say this: If we pass thls today, we 're going to become the laughing stock of Illinois: that We cannot discipline ourselves with respect to mandates to local government. And don't you -- donft you think that students of gcvernment are going to look at what we have done today, if this passes, and just shake their head in amazement? ''What Were they thinking about when they did this?'' Nowhere in the State Constitution do they talk about a four-fifths vote for anythingr for any purpose. But yet, We are not talking today about a scholarly debate about what happens with respect to government and governing; we fre talking about a political debate . Wefre talklng about a political remedy. This ts not the -- thls is not the proper renedy to worry about State mandates to local governments. And quite frankly, we're trying to make constitutional 1aw here today. You know, ve 've been on this exercise now for roughly an hour and ten minutes. Wedre talking about a nassive change in the Way in which We do business in Illinots. Don't you thlnk at least We ought to have a scholarly debate and allow those individuals on b0th sldes of this question to come before this General Assembly and discuss the pros and cons and the ramifications? Everybcdy in here has a different idea as to what this dces. I doubt serlously if you could get five people together and have an agreement an what the net impact of this resolution will have upon the Illinois ( 83  1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 General Assembly. Why can't we have a prcper forum? Why can't We have a scholarly debate about this issue, and then We -- when We understand fully its impact, then bring it to this General Assembly for some resolve? This is not the case today. Senator Welch mentions it takes three-fourths of the vote of Congress to impeach the President. It takes four-fifths under this proposal to overrule your local mayor. Let me suggest to you, Ladies and Gentlemen, this is not the proper remedy. It is not the proper forum for us today. It is an opportunity for us to say that we have failed in our responsibilities for those who have been in the General Assembly. I suggest to you that four-fifths is never going to be a propcsal that can effectively pass the General Assenbly. We don't know what we are doing here today. I suggest that We vote No. And if -- Senator Watsonr if you really are concerned about what's taking placer then let's have -- let's have the experts, let's have the scholars come in and talk to us about what the problems will be with respect to this bill. And then, maybe after we all understand it, maybe then we'11 have the opportunity to competently decide Whether or not we ought to be votlng Aye or Nay on this proposition. I suggest we vote No, and afford us at least the opportunity Eo have a scholarly hearing and debate on the question that's before us today. Vote No.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karisr for what purpose do you rise?

Madam President, Ladies and Gentlemen of the Senate, I regret that I have to speak a second time, but me thinketh the prior speaker protesteth too much: because he voted for this amendnent in committee.

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

84  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 1 Thank you, Madam President. Nothing makes the publlc more angry than to be asked their advice on something, and then have that advice lgnored by us, the Members of the General Assenbly. It seems to me that every, single one of these arguments should have been made last year when the vate was 50 to 4 to put an advisory referendum on the ballot. 80.6 percent of those that voted on that referendum want us to do this. In fact, they don't want us to pass any unfunded mandates. So if you thlnk the public is going to stand there and vote to tell us to do something - why dld we ask them, then? And for every one of usr the fifty that voted to ask for their opinion last year, I think your Yes vote better be up on thls, or you will be responsible for snubbing the advice of the voters that not only sent you herey but that were asked for their opinlon last year. So I hope you will remember that. To mey this has already been voted on when you voted to put an advisory referendum on the ballat last year. Don 't snub what the people of Illinois are telling us.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? And our final speaker, Senator Butler.

This... Thank you, Madam Presldent. Thls ls indeed an honor to be the last one to speak. Senator Demuzio, I thought this was a scholarly debate. It's about as scholarly as We6re ever going ko get with or without outside information. T thlnk it acknowledqes the importance of what this vote really is all about. Soneone mentioned that the four-fifths vote recognizes the importance of what we do when we force our will on local government. And Senator Palmer brought up a thought that I thought went right along With that, and that is that she used child care as a gcod exampler and -- and in her discussion implied that we know what's bestr that we're omnipotent, and people ought - - people ought to conform a hundred percent to What we think ks 85  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT I 104th Legislakive oay April 14, 1994 good and bad. A four-fifth vote merely recognizes what we 're doing to local governmentr and unfortunatelyr education is not E part of thts, because I think We are a great part of thetr financlal problems. What we really do isy every pressure group that COmeS into this Place that needs Something from local I I governnent comes to us, and they put our arms -- thelr arms around ! I us and say, ''Gee whiz, you know, do this for us. We're really neat guys. In the next election, we'll be on your team .'' Et cetera. Sc We just -- we literally impose that will in order 1 to look good to these -- thls handful of people down here Who -- to whom we are always kowtowing. The question Was asked, ''HOW much money?'' Well, I can tell you as a part-time mayor, that our community, which isn't very big - thirty-nine thousand people - but I'm just calculating it'd probably save us a million bucks a year, if we had an opportunity to say yes or no, particularly on pensions, which made the Legislature look good among the pressure groups, but 1'11 tell you, it makes the local taxpayers cringe. And, Senator Berman, I nearly broke into tears When you Were talking about partnerships. I can tell you once again, when we order -- when we dictate, and then -- and then you turned around and said, ''We11, but we glve you the power to tax.'' Well, gee whlz, thanks a lot. First of all, you forced us to spend money, and then you give us an opportunity to raise taxes. I think that this merely -- not merely, but I think thls is an acknowledgement of the importance of what we 're doing down here every time we say to a local government, HYou guys got to do this. You pay for it, 'cause we think it's good.'' So I'm going to -- I'm going to vote Yes for this, and I think, in -- in the name of -- of good, responsible government, a11 of us should.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussicn? Senator Watson: to close. 86  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT I 104th Legislative Day April 14, 1994

Well, thank you, Madan Chairnan. And, Senator Demuzio, you dre right. Itfs been about an hour and twenty minutes that we 've dealt With this issuer and I think that the -- that our friends Who've come in and witnessed the debate that has gone on here: I . think walk away from this Body with a better appreciation for what we do and the manner in which we do it. We've had an excellent debate here. Good points have been made -- raised on b0th sides: and I appreclate, certainly, that. You mentioned a manner in which we bve discussed this. We had this in commlttee, and it was pointed out you did suppart it, and lt did pass out of committee on a 14 to nothing vote. This passed out of the Eouse on 113 to nothtng. I thtnk most people reûogntze the need and the destre for what we're -- what we're dolng. And those who bring up the point about the miniscule costs involved in this seem to forget that We have the four-fifths provision that would allow for most mandates to be enacted. And Senator DeAngelis talked about the various bills that have passed just in the last week herer dealing wlth an extra majority of over and greater than four-fifths. And Senator Jacobs brought up an excellent point. And I thtnk it's something that's happened cver a period of time to this Body, and I think it 's something that We can be somewhat proud about what We do, is the think -- the thought that goes into this process. And T think that's important, and T think that that's something that this debate will do for us ln the future, is that we will be concerned and more sensitive, I believe, to those people we are impacting with the demands from whkch we enact here on this Floor. And, Senator Collins, yes, We should be responsible, and I think we are acting in a responsible manner When We support a constitutional amendment such as this, because we are bein: flnancially responsible to our brethrens in lccal units of government; we are being responsible to their sensitive needs. l 87  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 Senator de1 Valle, you mentioned about the provlsion that was in 1992, that the voters approved by such an overwhelming majortty. That language actually said: Voters approve an amendment to prohibit - prohibtt - unfunded local nandates. We are allowing - k for the passage of an unfunded mandate by the four-fifths I ! provision that we noW have. And yau know, we a1l -- we all have I our priorities in our districts, and we al1 gc to the -- the John Mattlands of the world and the -- the Kenny Halls and talk to our appropriations people about, 'Hey, I've got a partlcular project; I've got somethkng I want to do. I need some revenue for that.'' ' And what are we told? . ''We1l, We don't have it. The money's j slnply not there to do (t.H But it's okay for us up here on the E i Senate and the House Floor to tell those people back in our local I communities that theylve got to spend money that maybe they don't have: very precious tax dollars, limited tax funds, for services ( I the kocal comnunttkes feel are lmportant. And we tell them what 1 they have to -- how they can spend that -- that revenue. That's not right. That's a decision that should be made locally. And this is not a perception issue. Not at all. Not at all. This will be clearly defined by the -- those people impacted as to the : implications of : what we're about to do. Thls will be clearly j defined to the voters of Illinois. Sixty percent of those voters are going to have to go and say Yes. ; i END OP TAPE TAPE 3 i SENATOR WATSON: I I trust *he views of the people of Illinois, and I thlnk that 88  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprtl l4r 1994 ! We should too. And that's al1 wedre asking herez is that the people who -- in Illinols who go to that ballot box this Novemberr have an opportunity to have a say in the impact of State government. There's nothing wrong with that type of approach. 1'11 ask your favorable consideration. And thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson moves the adoption and approval of House Joint Resolution Constitutional Amendment No. 14. The question isr shall House Joknt Resolutton Constitutional Amendment 14 be adopted and approved. Pursuant to Section 2, Article XIV of the Illinois Constitution, amendments must be approved by three-fifths of the Members elected. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have al1 vated who wlsh? Have a11 voted Who wish? Have a1l vcted Who wish? Last chance. Take the record. On that question, there are 34 Yeas, 17 Nays, and 6 voting Present. House Jolnt Resolution Constitutional Amendment No. 14, having falled to receive three-fifths vote, the constitutional majority, is declared lost. Senator Watson.

Yes, Madam PresidenE. Could I have that put on Postponed Consideration?

PRESIDING OFFICER: (SENATOR DONAHUE) Xes. Postponed Consideration. Al1 right. Senator Watscn, on Senate Jolnt Resolution No. 1. Read the blll -- or read the resolution, Mr. Secretary.

Senate Joint Resolutlon, Constitutional Amendment, No. 1, offered by Senators Watson and Klemm . (Secretary reads SJRCA No. 1) 3rd Reading of the resolution.

PRESIDING OFFICER: (SENATOR DONAHUE) : 89  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 Senatcr Watson. Just a seccnd, Senator. Senator Severns: for ! I what purpose do you rise?

Thank you, Madam President. I rise on a point of personal i ; privilege. ' I

PRESIDING OFPICER: (SENATOR DONAHUE) State your point. E

It's my honor today to have with us in the President's Gallery, seventh graders from the Lutheran Schcol in Decatur. Mr. Wenger and the seventh grade class. I would like us to welcome them here today.

PRESIDING OFFICER: (SENATOR DOHAHDE) Will you please rise and be recognized by the Senate. Senator Watson, to explain Senate Joint Resolution No. 1.

Yes. Thank you, Madan President. This partlcular E constitutional amendment probably won't take the deliberation of the -- to the extent in which we had during the last one. This one simply chanqes the constitutional deadline for adjournment. Right now that constitutional deadline is June 30th, and after i that point, as we a1l know, it takes an extra-majority vote to I pass legislation with an immedlate impact. This legislation moves that June 30th to April 30th. And the reason We do this and Why ' we Want to see it done: First of allr wedre sworn in the second day of January, or that's the actual beglnning date of Session, and we should be proceeding from that pcint. And many times We i don 't. I mean, we -- it takes us two or three months to get I ourselves moving. We don't need to do that. We could hit the ground runnlng second Wednesday of January and get our work done i and get it completed. So I don,t think we,re -- we,re uav)ng any i impact on our abillty to do our job. But what it will do: The 90  STATE OF ILLINOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 fiscal year of the State of Illinois, as we all know, goes from July lst to June 30th. That's not impacted by this constitutLonal amendment. The -- what this amendment would do then, would allow for agencies of State government to know exactly what their . appropriations and dollars in Which they will have available to them to spend beginning on their fiscal year: which Would be July 1, which is not impacted by this. Secondlyy kt Would give our friends in the education community an idea of what type of State revenues are going to be nade available to them at the local level by which they can fund schools. Most school districts begin school latter part of August. Budgets are being probably even debated as we speakr in some cases, but prtmarily, they don't have any clue as to what kind of revenue they could expect from State government until after the appropriations process. So this would help expedite that and give then ample opportunity to plan for their school year with an earlier adjournment -- constitutional adjournment date. Another provlslon, and I think it's one that maybe some of us are sensitive to and -- and maybe -- maybe not, but we've a11 seen Members - good people - ln this process that have gone back home. They've decëded that enough is enough . And a 1ot of that comes from Ehe fact that -- that wedre here serving in times in which maybe our familles are at home, out of school, we should be -- we've had vacations canceled. We've had a 1ot of problems dealing with the June 30th deadline and being here in July and days and months after that. And maybe this ts self-serving to a certain degree, bu* I think it's importanE, because we have a responsibility not only to the people of which - - of our district, but to our families. We miss Weddings; We miss graduations in May. So by providing for an April 30th deadline r would help, I think, ease that burden on a11 of us, so that hopefully those people who ultlmately may decide at a fu*ure date that enough is enough and I'm going to send myself back home, 91  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION jENATE TRANSCRIPT 104th Leqislative Day April 14, 1994 and as a resulty we lose good people here - hopefully, that wcn 't occur with this particular approach. That's an explanation of it, 1 Madam Secretary <slc>. 1'11 be qlad to answer any questions. I

PRESIDING OFFICER: (SENATOR DONAHUE) Any discusslon? Any discusslon? Seeing none: Senator Watson moves the adoption and approval of Senate Joint Resolution No. 1. The question is, shall -- shall Senate Joint Resolution No. l be adopted and approved. Pursuant to section 2, Article XIV of the Illinois Constikution, amendments must be approved by a three-fifths vote of the Membecs elected. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have all voted who Wish? Have a11 voted who wish? Have a11 voted who wlsh? Have a11 voted who wish? Take the record. On that question, there are 50 Ayes, 2 Nays, 2 vating Present. Senate Joint Resolution No. 1, having received the three-fifths constitutional majority, is declared passed and approved. Senator Watson, on Senate Joint Resolution No. 7. Senator Watson, on Senate Resolution 7?

ïes. Thank you.

PRESIDING OFFTCER: (SENATOR DONAHUE) Read the billr Mr. Secretary. Senator Lauzenr for What purpose do you rise?

Thank youz Madam President. Point of personal privllege. Senator Rasara and I Would like to welcome my favorite principal in the State of Illinois, Slster Maristella, who has brought members of her eighth grade class: along with their teacher, today. They fre ln the PresLdent's Gallery in the mtddle. If you'd please rise to be welcomed by the Senate.

PRESIDING OFFICER: (SENATOR DONAHUE) Welcome. Read -- read the btll Qskc>: Mr. President -- or, I 92  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 Mr. Secretary.

Senate Joint Resolution No. 7, Constitutianal Amendment, as amended by Senate Amendments No. -- numbered 1 and 4, offered by i Senator Watson. ' (Secretary reads SJRCA No. 7, as amended) E ! 3rd Readlng of the resolution. I PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Watson, to explain the resolution. SENATOR WATSON: I Yes. Thank you, Madam President. Thls is very similar to the previous constitutional amendment dealing with State mandatesr . although this provision does nct require a four-fifths vote. It's a three-fifths vote. And it also describes education as a -- a I proponent of this particular constitutional amendment. The other constitutional amendment only Was units of local government. I think everybody understood that. This one expands that definltion to include education. As an Education Committee member and involved in the education community, I think it's vitally important that educakion is considered here, and I feel that we have created a lot of the fknanctal problens that education and units of local government have - the financial burdens and / problems - by simply the dictation of policy from here in i Springfield. This particular constitutional amendment also requires that a companion appropriation bill be made available with the passage of a -- of a mandate, if it dcesn't receive the three-fifths vote. We still can pass on a mandate onto a unit of local government with a plurality of greater than three-fifths, or ; three-fifths or greater. So that -- those of you Nho raised that concern in the last debate, that ks addressed in thks particular 1 I amendment. We are reducing - reducing - the constitutional requirements to pass a mandate from four-fifths to three-fifths 93  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14y 1994 under this provision. I think that pretty Well explains it, Madam i President. Be glad to answer any questions, otherwise appreciate support. PRESIDING OFFICER: (SENATOR DONAHUE) I Further discussion? Senator Berman. SENATOR BERMAN: j Thank your Madam Presldent, Ladies and Gentlemen of the Senate. I rise in opposition to this proposal. Let me just point i out that we are not lowerins the threshold from four-fifths to i three-fifths. we didn't pass four-fifths. The 1aw now is fifty percent. You need a majority. We are raising the requirement i from majority to three-fifths. That nakes a big difference, : number one. Number two, I would suggest to -- to you that thls is inapproprlately timed. After we pass Senator Maltland's Senate bill that funds education adequately, after we adopt -- the next I Governor Dawn Clark Netsch 's proposal for 'adequate funding of schoolsr then - then - I think this bill Would make senser because then we will have done our job to take care of the education of i children, so that we provide the resources necessary. This is entirely the negative. Each one of us have voted forr at one time or another, certain mandates. Now, We Call then nandates, but when We passed the bllls, we didnlt call them mandates. We , i require IGAP tests. We want to know how Well our children are doing in our schools. Ladies and Gentlemenr the IGAP tests is a mandate. It's a mandate. You want to abolish IGAP tests? You i Want to pass an appropriatian bill that's golng to speclfically fund it? It's going to have a tougher time to pass. Just thlnk abou: that. I can gc down a whole list of oEher requirements - : reasonable requirements, from our point of view; perhaps 1 unreasonable frcm the local school district - that we have passed because we want to improve educationr the attainment of education, i the process of educating our young children. We set policy. Most i 94  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 of the time that policy costs money. Are we ready to repeal local property taxes and make -- make property taxes State property taxes so that we can attach that funding to education? No Nay. Are we willing to restructure the entire process of appropriations of schools; so instead of general State aid, we abolish general State aid and make everything categorlcal to specifically fund every mandate that we pass? It's possibley but I'n not sure you're ready to do that. And if you think that your local school boards are upset with, quote, ''the mandates''#' 1et them see the btll that abolishes general State aid and makes everything a categorical approprlation. Let's be realistic. This sounds good; it ain't gonna work. I urge a No vote.

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

Thank you, Madam President. I too rise in cppcsition to this bl11. I agree with Senator Bernan that we have raised the ante when we add education to this, and I remind you that there are some nine hundred and sixty schcol districts in the State of Illinois. And although, with a1l due respect to those who spoke on the prior amendment and said that We don't know what We should do about setting standards for education, it certainly shculd not be cur intention to take away local involvement in that, but yes, my friends, we do know some of the fundamental things that We should have in place in order to produce children who are going to function in a global world. There is no polnt in passing a bfll that ties the hands of places across the State of Illinoisr as Senator Berman said, before We have put into place What is adequate and equltable funding for education. I remind you that a bipartisan task force produced, in fact: a very sound and responslble report that suggested to us the direction that We should take when it comes to educaticn throughout the State, and I ! 95  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4y 1994 also remind you that more than a majority of citlzens in the State of Illinois voted on - we missed by three points - voted an the State assuming its preponderant responsibility for funding education. I suggest to you that we have not finished the dialogue that.needs to take place, and so to vote for thls is to be presumptuous and to be premature. The debate is just now beginning. We have some things already in place. Let us not do this. It is hasty and ill-thought-out.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator del Valle. SENATOR dEL VALLE: A question for the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indlcates he'll yield, Senator de1 Valle. SENATOR dEL VALLE: Senator Watson, I want to have a better idea of what a mandate gould be for the school districts herez in your mind. The Governor's current proposal for charter schools is a proposal that I know that you support. Would that proposal, if this bill were to take effect: fall under that the category of an unfunded mandate?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

Yes, thank you. That would be hard to define at this time, because the -- the charter school issue ls still somethlng that's being discussed. I'm not sure how that will be funded. I'm not sure what the responsibilities W#ll be on the units of local -- the education community at the local level. So T -- it's hard for me to respond on that particular question at this time, dealing wikh charter schools. And I hope you understand that, but that -- there's issues stlll not been discussed. 96  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day April 14, 1994 i

PRESIDING OFEICER: (SENATOR DONAHUE) senator de1 Valle. 1 i I SENATOR dEL VALLE : No , Senator Watson, I don't understand, because the chartered school biql would be an imposition. We are tellinq the Chicaço School District that they must have fifteen chartered schoolsr and that downstate must have fifteen: and that the suburbs must have fifteen. So that is -- is that, or not, a nandate?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.

You're dealing with the word we seem ta like to use around here: ''perceptionn, Senator. That is nct in a bill. That -- that's just being discussed. That ks not anywhere in any legislation, but certainly it may -- at one point or another, a charter school concept may be declared a mandate, but at this point in time, it is not. Al1 you're talkinç about are just various proposals that are being discussed.

PRESIDING OFFICER: (SENATOR DONAHUZ) Senator del Valle. SENATOR dEL VALLE: Senator, I think, again, we've made the point here, and the point is that there seems to be confusion; there seems to be differences of opinton as to what constitutes a mandate and what doesn't. And here we have an example that's before us that we 're going to be dealing with, I think, nex: week, and We -- we can'E decide whether it's a mandate or not. So I -- I really think that we 'd better be very careful with thls bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Cullerton. His light's on, so... Any further discussion? Senator Watson, to close.

97  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 Well, once again, you 're goin: to have to -- you 'll have an i opportunity to vcte on what I consider to be responsible i legislation and a responsible approach to a problem that is being j dealt with at the local level. Now Wedre talking about our schools. Previouslyy we werendt. There isn't a bigger problem I with local school district funding than us sitting up here, and ! Sesslon after Session after Session, creating more and more State mandates and costly provisions onto our education folks back home, without proper fundin:. Thi.s ts the prospective -- thank you . It I I is prospective. So, Senator Berman, the discussion in which you talked about this being an absurd approachr I think Was practlcally in the response that you gave, because We're talking prospectively. Something in the future - not something that we've done in the past. So this has no impact on many of the issues that you tried to raise in your debate. And remember, thls is a three-fifths vote, soy sure, We still have the opportunity here to vote a mandate onto a unit of local government and onto our education folks. All ve have to do is provide thirty-six or more votes. This is a responslble approach. And again, Why not 1et the people oë Illinois make the decision on What 's important and wha*'s proper in thelr Constltution? That's al1 We're doing here. I would appreciate your support, and thank you.

PRESTDTNG OFFTCER: (SENATOR DONAHUE) Senatar -- Senator Watson moves the adoption and approval of Senate Joint Resolution No. 7. The question is, shall Senate Jolnt Resolution No. 7 be adopted and approved. Pursuant to Section 2, Article XIV of the Illinois Constitution, amendments must be approved by a three-fifths of the Members elected. Those f I in favor will vote Aye. Opposedr Nay . The voting is open. Have all voted who wish? Have a11 voted who wish? Have a1l voted Who wish? Have a11 voted who wish? One more chance. Have a11 voted who wish? Take the record, Mr. Secretary. On that questionr I i 98  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 i i there are 35 Ayes, 16 Nays, 5 voting Present. Senate Joint i Resolution 7: having failed to receive a three-fifths 1 ! constitutional najority, is declared lost. A11 right. On the bottomonpage18isSenateJointR have that amendment called? esolution72.Do you wish to Read the bill -- or read the ' I 1 I resolution, Madam Secretary.

Senate Joint Resolution 72, Constitutional Amendment. (Secretary reads SJRCA Na. 72, as amended) 3rd Reading of the resolution.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka, to explain the resolution.

Thank you very much, Madam President and Members of the Senate. Senate Jolnt Resolution Constitutional Amendment 72 provides for a Court of Crininal Appeals, or if you will, a Supreme Court of Criminal Appeals upon adoption of the constitutional amendment by the people of this State of Illinols. I served on the Judiciary Committee, and -- and -- since I've come to Springfield in 1987. In that pertod of tine: I have seen a heightened interest not only in the General Assembly and the Body - - from this Body and also over ln the House, in crimlnal legislation, and that certainly should be the caser because I think it reflects a fact cf life: that lf not the number cnef certalnly close to number one concern that people have in this State is fear of bodily attack against themselves, members of thekr family, and also the so-called safety of the streets and homes. We have had, over the last generation or so, in my opinion, an -- erosions of confidence in the criminal justice system. I believe that the time has come to restore public confkdence Ln the abfkkty of our criminal justtce system to deal with the worst of the worst in a certain, swifty but fundamentally I 99  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 fair manner. How can we do that? Well, we can lookz first of all, for guidance fram other jurisdicticns that may have adopted a - - a similar approach. Since the -- since 1876, the Lone Star State of Texas has had a separate supreme court. Texas has one of the most expedited criminal justice systems in the natlon. Just. as an exanple - and only one small example - the State cf Texas leads the country ln terms of executions, with fifty-four. That's nore than twice the nearest stater which also is a southern state - Florida. 1* seens natural that we have expanded aur appeltate systems. We have expanded, geometrically, the number of criminal judges and number of circuit court judges that have heard cases throughout this State. We are still operatlng on a model that Was basically a prototype from the eighteenth century and adopted in our Constitution in 1818. In my opiniony the time has come to streamllne the process, to provide that we would have seven learned scholars, who are elected as justices, decide nothing more and nothing less than criminal court cases. It is my opinion, and I believe others who have taken a look at this type of legislationy that we can accomplish the qoal of swift, certain, but yet fundamentally fair justice to be meted out for all. Unless I simply overstate a point, I think that we should take a look at the fact that this is a double-edged sword, because in those rare instances, or limited instances, where indlviduals have been Nrongfully convicted, where their cases are on appellate review, any day that those individuals may spend behind bars is literally an eternity, because Ehey -- they certainly did not belong there. So we are affording more protection for the truly innocent, and yet maklng sure that those who are -- who are truly guilty are handled in a manner which would restore public confidence in the ability of our systems that deal with them . What we have done here, very elenentarlly, is take the current judiciary Article and simply amend it to provide for a separate court. A11 of the 100  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 protections that are now afforded to all criminal defendants will, of course, be carried thrcugh by this judicial Article. And for that reason, I do believe that this is an idea whose time has come. And, Madam President and Members of the Senate, be happy to entertain any questions. . PRESIDING OFPICER: (SENATOR DONAHUE) I Is there any dlscussion? Is there any discussion? Seeing none, Senator Petka moves the adoption and approval of Senate Joint Resolution 72. The question is, shall Senate Joint Resolutlon 72 be adopted and approved. Pursuant to Section 2, Article XIV of the Illinois Constitution, anendments must be approved by three-fifths of the Members elected. Those in favor will vote Aye. Opposed, Nay. The voting ls open. Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Have al1 voted who wish? Last call. Have al1 voted who wish? Take the record. On that questionr the Ayes are 33, the Noes are 23, and 1 voting Present. Senate Joint Resolutton 72r havtn: failed to receive a three-fifths constitutlonal majority, is declared lost. Before we take up our last constitutional anendment -- oh, no -- we will go right to that. Sorry. Senate Joint Resolution 123. Senator Shadid. Read the resolutionr Madam Secretary.

Senate Joint Resolution 123, Constitutional Amendment. (Secretary reads SJRCA No. 123, as amended) 3rd Reading of the resolution.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shadid.

Thank you, Madam Presldent, Ladies and Gentlemen. This -- the wording in this amendment ts identical to the language of the Sixth Amendment, the Bill of Rights in the U.S. Constitution. l01  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 I j ! . This language Was chosen because the United States Supreme Court i in Maryland versus Craig, 1990, upheld a Maryland Statute Which allows a child witness to testify outside the presence of the defendant's physlcal presence by one-way closed circuit televlsion. The Illinois bill is noW similar to Maryland's laW. And I would like to have a -- approval on this.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Is there any discusslon? Seelng none, Senator Shadid moves the adoption and approval of Senate Joint Resolution 123. The question is, shall Senate Joint Resolution l23 be adopted and approved. Pursuant to Section 2, Article XIV of the Illinois Constitution, amendments must be approved by a three-fifths constitutlonal majority of the Members elected. Those in favor will vote Aye. Opposed, Nay. The votlng is open. Have al1 voted who wished? Have al1 voted Who Wlsh? Have a11 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Joint Resoluticn 123, having received a three-fifths constitutional majorlty, is declared passed. Now, I'd like to make a few announcements so we have an idea of what to expect for the rest of the day. It is the intent of the Chair to proceed with our business thls -- thls afternoon until approximately the hour of 5 o'clock. We do intend to be in Session tomorrow from approximately 9 to 12. And we will not be in Session on Monday -- or, Monday - we will not be in Sesslon. A1l right. We Will be in Session on Tuesday, noE Monday. So, till approximately 5 this afternoon, tomorrow from 9 to l2, and we will not be here on Monday. We will be here -- Tuesday at noon Will be the next time. So. A11 right. We '1l go back to our Calendar. We're -- we'11 go back to 3rd Reading . Senate -- Philip, on Senate Bill 1688. Out of the record. Senator Philip, on 1689? Out of the record. Senator Maitland, on Senate Bill 16907 Out of the record. 102  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 Senator DeAngelis, on Senate Bill 1691? Read the bill, Madam Secretary. Senator DeAngelis, do you wish *he bill returned to 2nd Reading for the purpose of amendment? Senator DeAngelis seeks leave of the Body to return Senate Bill 1691 to the Order of 2nd Reading for the purposes of anendment. Hearinî no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1691. Senator DeAngelis. SENATOR DeANGELIS: . .. tmicrophone cutoffl...you -- thank you, Madam President. Havlng voted on the prevailing side, I wish to reecnsider the vote by Which Committee Amendment Nc. 1 was adopted, for the purpose cf tablinq it.

PRESIDING OFFICER: (SENATOR DONAHUE) Having voted on the prevalling side, Senator DeAngelis moves to reconsider the vote by which Amendment No. 1 was adopted to Senate Bill 1691. Those in favor, say Aye. Opposedy Nay. The Ayes have lt. Now Senator DeAngelis -- DeAngelis moves that Amendment No. 1 be tabled. All those in favor, say Aye. Opposed: Nay . The Ayes have it, and Amendment No. l ls tabled . Madam Secretary, are there any Floor amendments approved for consideratlon?

Anendment No. 3, offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelisy ko explain the amendment. SENATOR DeANGELIS: Thank youy Madam Chairman. Amendment No. 3 to Senate Bill 1691 exempts from Illinois taxes jet fuel used on donestlc segments of inbound international flights. Currently such fuel is exempt from federal taxation. This is the only instance Where the State tax treatment of airline fuel differs from federal tax treatment. So essentially what happens in this particular l03  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 ( I instance, the airlines are forced to buy offshore fuel from nondomestic producers and put it in a bonded situation to avoid the tax. This bill is revenue-neutral because -- this amendment ls revenue-neutral because they 're not buying that gas domestically anyhow. What it would do, it would allow them to buy it domestically and use our current sources and use that in thcse segments of international flights in which they land in Chicago. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, Senator DeAngelis moves the adoption of Senate Amendment No. 3 to Senate 3i1l 1691. Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Flocr amendments for -- approved for considerationr Madam Secretary?

No further amendnents reportedy Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading.

PRESIDISG OFFICER: (SENATOR DeANGELIS) Senate Bill 1692. Senator Weaver. Madam Secretary, please read the bill.

Senate Bill 1692. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver.

Thank you, Mr. President. Senate Bill 1692 is technical in nature. It merely permits the Development Finance Authority to enter into agreements with State and federal agencies, which I 104  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day April l4, 1994 basically they're doing now, but we just want to put it into the Act. I'd answer any questions if anyone has any. If not, appreciate a favorable roll call.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question isr shall Senate Bill 1692 pass. Those in favor ; Will vote Aye. The opposed, vote Nay. The voting is open. Have a11 voted Who wish? Have a11 voted who wlsh? Have a1l voted Who wish? Take the record. On that question, there are 56 Ayesy none ! voting Nay: none voting Present. Senate Bill 1692, having received the required constitutional majority, is declared passed. Senate Bill 1693. Senator Hasara. Please read the bill, Madam ! Secretary.

Senate Bill 1693. l (Secretary reads title of bill) ' 3rd Reading of the bill. PRESIDING OFFICERI (SENATOR DPANGELIS) senator Hasara.

Thank your Mr. President, Ladies and Gentlemen of the Senate. This bill would create a tax checkoff ko create a Korean War Memorial here in Springfield. The land has already been dedlcated. It is adjacent to the land at which the Vietnam Veterans' Memorial now stands. The cost of the Memorial would be about a milllon dollars, and about forty percent of the money has been raised to date by a very active group of citizens, mainly Korean War veterans who have participated in numerous small fund-caisers. They feel that they have probably tapped the i citizens at fund-raisers about a1l they can, and are now asking the taxpayers of Illinois to help raise the additional funds. I would like to note that over two hundred thousand Illinois citizens served in the Korean War, and seventeen hundred and I 105  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 I forty-four died in that War. Many of -- I think there are several Members of the General Assembly uho have served in the Korean War, and I think we Nould a11 realize that many of these veterans have been overlooked, particularly overshadowed recently by the reenergence of the recognltion of the Vietnam War. So I would ask for a favorable vote.

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

Mr. President and Ladies and Gentlemen of the Senater as a veteran, I feel that Senator Hasara's comments were right on point. We have kind of ignored the Korean veterans, and many of them served - many, many of our Americans served there. And I thlnk thls is a step in the right directlon. I wholeheartedly support this Senate bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Philip.

Thank you, Mr. Presidenty Ladies and Gentlenen of the Senate. My brother and I both were Marlnes, served during the -- the Korean Confltct. We certainly have done a 1ot in regards to the Vietnam veterans, WW II, and a 1ot cases, World War 1. There certalnly has been a vold when it comes to Morea. I happen to think this is a step in the right direction. There are a lot of private funds have already been donated towards this monument, and I donît see any reason why We shouldn't allow thls Eo happen. And I would urge a favorable vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any further discussùon? Senator Hasara, to close.

I don't think anything I could say could be better than actually having one of the veterans of the War get up and speak as 1 I 106  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 I Senator Philip just did. I ask for a favorable vote. 1 PRESIDING OFFICER: (SENATOR DeANGELIS) ' The question is, shall Senate Bi11 1693 pass. Those in favor j will vote Aye. The opposed Wl1l vote Nay. The votinç l . s open. 1 E Have all voted who Wish? Have a1l voted Who Wish? Have a11 voted who wish? Take the record. On that question, there are 56 Yeasy no Nays, none voting Present. Senate Bill 1693, having received the required constitutional majority, is declared passed. Senate Bill 1698. Senator Philip . Senator Phllip, 16987 Take it out of the record. 1700. Senate Bill 1700. Senator Philip. Madam Secretary, please read the bill. On the Order of 3rd Readingr Senate Bill 1700.

Senate Bill 1700. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Philip .

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1700 amends the Riverboat Gambling Act and creates a Code of Ethics for members, employees of the Gamlng Board. Does baslcally three things. It creates a Code of Ethics, prohibits members or employees of the Gaming Board from accepting employment contracts With licensees. Also, creates a three-year revolving door. In other words, if you dve been an employee, you can't go to work for anybody for three years after you've been employed there. And thlrdlyr it prohibits a person on the Gaming Board to a elected office. It had a very gcod discussion in Executive Committee. It came out of committee unanimously. 1'11 be happy to answer any questionsr and I'd ask for some favorable votes. l07  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 PRESIDING OFFICER: (SENATOR DeANGELIS) ) Any discussion? Senator Topinka. '

Just a question of the sponsor, because I happen to think it's a pretty gcod bill. Why is Common Cause finding fault with this?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Philip.

Yeah. They don't -- they dcn't believe we've gone far enough. And quite frankly, they came in at the last minute Wtth their objections, and I said, you know, if you would have come to us ahead of time and had some -- some creative suggestions, we would have certalnly entertained then. But it was at the last minute, and they don't think wedve made it tough enough .

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs.

Thank you, Mr. President, Ladtes and Gentlenen of the Senate. Would *he sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will.

Just one brief question. Senator, this is not going to become a barge bill that is gcing to be loaded up with other gaming provisions, is it? Or is thts one that's a stand-alone bill?

PRESIDING OFFICER: (SENATOR DeANGELIS) Any further discussion? If not, Senator Philip, to close. The questlon (s, shall Senate Bill 1700 pass. Those in favor will vote Aye. The opposed will vote Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted who wish? Have a11 voted Who Wish? Take the record. On that i 108  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 question, there are 50 Ayes, none voting Nay, 6 voting Present. Senate Bill 1700, having received the requlred constitutional majority, is declared passed. 1702. Senator Rauschenberger. Senator Rauschenberger? Take it out of the record. 1704. Senator Philip. Madam Secretary, please read the bill. 1704.

Senate Bill 1704. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Philip.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1704 amends the Lead Poisoning Prevention Act. As you know, under State 1aw now, we mandate that -- that child care facilitles operated by public school districts must require lead blood -- lead blood level screening for children under six years of age. Now, downstate I have some objecticns from my constituents. What we have suggested dolng is allowlng the Department of Public Health to determine those areas that are high-risk areas and those areas that are low-risk areas, and we mandate that the high-risk areas have to have the test. We say in those low-risk areasr it's up to the local school board. I'd be happy to answer any questicns, and ask your favorable consideration.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? Senator Smith.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I want to say to our President, there have been many calls about this piece of legislation, but I do Want to commend ycu for chanqing and amending this bill. And so I think that We a1l could 109  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day April l4, 1994 go along with you now . Thank you.

PRESIDING OFFICER: (SENATOR DeANGELIS) On that question, is -- shall Senate Bi11 1704 pass. Those in favor will vote Aye. The opposed, vote Nay. The voting is open. Have all voted who Wish? . Have a11 voted Who Wish? Have all voted who Wish? Take the record. On that question, there are 54 Yeasr none voting Nay, 2 voting Present. And Senate 3il1 1704, having received the required constitutional majority, is declared passed. 1705. Senator Philip. Read the bill, Madam Secretary.

Senate Bill 1705. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Phillp.

I apologize. Will you take that off the record? If we could go down to 1707, please.

PRESIDING OFFICER: (SENATOR DeANGELIS) Take it out of the record...

If that's the next blll.

PRESIDING OPPICER: (SENATOR DeANGELIS) Take it out of the record. You want 1707, Senator Philip? 1706 is the next. You Nant 1707? Senate Bill 1707, on the Order of 3rd Reading. Read the bill, Madam Secretary.

Senate Bill 1707. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Phikip . 110  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll l4, 1994 SENATOR PHILIP: I Thank you, Mr. Presldent and Ladies and Gentlenen of the Senate. Senate Bill 1707 amends the Crimlnal Code and increases penalties for people who violate the Code, and 1.11 give you some examples. The carrying or possession of a firearm, stun .gun: taser and in a vehicle or concealed on a person - changes the penalty from a Class A to a Class 4 felony. Now, that's from one year to one to three years. Carrying or possessing a firearm , stun gun, taser, knife on a person, second offenser goes from a Class 4 felony, one to three years, to a Class 3 felony, two to five years. If you would carry these firearms on a school ground, public housing, it goes from a Class 4 felony to a Class 3 felony. That's fron one to three to two to five. Unlawful gift or sale of firearms, a Class 4 felony to a Class 3 felony. Using -- giving or a -- a firearm or sekling a firearm in public houstng or in schcols, a park district, a Class 2 felony, three to seven years. What this basically dces ls increase the penalty who <sic> people who misuse violent Weapons and firearms. If you 're running for reelection, you ought to vote for thls billr because you go back to your constituents, they w111 tell you We're not tough enough on criminals and people who abuse the use and the right of having firearms. Be happy to answer any questtons.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? Senator Lauzen. Any questions? If not, the question is, shall Senate Bill 1707 pass. Those in favcr Will vote Aye. The opposed Will vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a1l voEed who wish? Take the record. On that questionr there are 53 Yeasy ncne voting Nay , none voting Present. Senate Bill 1707, having received the required constltutional majority, is declared passed. Sergeant at Arms. For what reason does Senator Lauzen seek recognition? 1l1  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 SENATORLAUZEN: 1 Mr. Presldentr I'd like the record to reflect that on 1704, I'd llke my vote recorded Yes.

PRESIDING OFFICER: (SENATOR DeAXGELIS) Let the record show. Senate Bill 1708. Senator Woodyard. Read the -- read the bill, Madam Secretary.

Senate 3ill 1708. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard.

Thank you, Mr. President, Members of the Senate. This bl1l would create the Conservation Foundation Fund within the Department of Conservakion. It Would have thirteen members on the Board that Would administer thls Fund: two appointments each by the four Leadersr plus four by the Governor, with the Dlrector of Conservation being the -- the Chairman on this administering Board. The intent of the Fund is actually to capture and solicit donations and funds from primarily corporations, to be used in conservation activities, whether it's establishment and : maintenance of habitat, or whatever. The bill was amended to tighten it up somewhat, to make sure that none of these funds could be used in eminent domain. It was also amended to be sure that the reconmendations of the Leaders and the Governor would actually be the Board, and would not require approval by the Director of Conservation. That's what the bill does. It's patterned after a foundation that we created recently, the Distance Learning -- Learning Foundation. It's also patterned ; after ones in California, which has raised over eighty million i dollars in the last six years for conservation use. So, we think 112  STATE OF ILLINOIS 88TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 ! it's a good bill for conservation, and I would solicit an Aye vote. !

PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? Any discussion? If not, the question is, shall Senate Bi11 1708 pass. Those in favor Will vote Aye. The opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted who Wlsh? Take the record. On that question, there are 54 Ayesr none voting Nay, none voting Present. Senate Bill 1708, having received the required constitutional majority, is declared passed. 1709. Senator Maitland . Senator Maltland, 1709? 1710. Senator Maitland. 1711. Senator Weaver. Read the bill, Madam Secretary.

Senate Bill 1711. (Secretary reads title of bill) 3rd Reading cf the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver.

Thank your Mr. President. Senate Bill 1711 Would make the lobbyist infornation subject to the same requirenents as the Campaign Reporting System is at the State Board of Elections. As ycu know, the -- we are -- this is amending the Lobbyist Registration Act, and it's basically treating it the same way that the Board of Election treats information on those who have to file forms there. If there are any questlonsr Idd be happy to try to answer them.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any dlscussion? Senator Severns.

Thank you, Mr. President, Members of the Senate. Last yearr the Executive Committee spent ample time tryin: to put together 1l3  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 the Lobbyist Registration Reform Bill, and it passed out of this General Assembly, if my nemory is correct, with overwhelming suppcrt. Senate Bi1l 1711: barely after the ink dried, Weakens that bill and weakens that effort. What it does is make it more - j difficult for people to inspect public records, which we should a11 consider as politically irresponsible. I think if we 're golng i I to be serious about having a 1aw that possesses teeth, We j shouldn't, as our first effort, put forward legislatlon to weaken that effort. I think it sends a wrong message, a Wrong signal. And with a11 due respect to the sponsor, whcm I respect, I hope that we vote this bill down. PRESIDING OFFICER: (SENATOR DeASGELIS) . Senator Welch. SENATOR WELCH: E Thank you, Mr. President. I'd like to ask the sponsor a (1 PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will yield. SENATOR WELCH : ! I Senator Weaver, I believe this bill requires that if an individual is going to look at a lobbying statement by a : corporation, they sign a document statlng that they are requesting access to that document, and a copy is sent to the lobbyist. Is ! that correct? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver. I SENATOR WEAVER : Well, let me correct one thkng . Now you have to file a . ; Freedom of Information form in order to look at these. This is simplifying itr saying that you just treat this just like they j treat when they want to look at your campaign disclosure reports. It allows the Secretary of State to -- to provide rules, and in I 114  STATE OF ILLINOIS 88TH GENERAL ASSEMELY REGULAR SESSION SENATE TRANSCRIPT l04kh Legislative Day April 14, 1994 cases of excessive cost and voluminous reports, maybe charge a small fee - not more than the cost of reprcduction. So: Senatcr Severnsr you 're wrong . This ls -- this is not loosening it up; it's just making it -- it is loosening it up and making it easler to get this information.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.

Senator Weaver, in the original bill, Was there anything about filing a Freedom of Information Act request from the Secretary of State, ar is that a rule that the Secretary of State has imposed himself upon thcse asking for this information?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver.

I think that's the current practice. I'm not sure that it's ln the bill, but we are instructlng the Secretary of State to follow the same procedures that are followed by the Board of Elections.

PRESTDTNG OFFICER: (SENATOR DeANGELTS) Senator Welch.

Yeah. I'd just like to say -- I think that the purpose for doing that is totally different. I think individual -- there is a part of the Statute that says that if an individual uses another's - - another candidate 's or another filer's D-2s for purpcses of raising money -- Senator Weaver, if I were to take your D-2, take your list of contributors and send them a11 letters askin: them to send money to me, that is a violatlon of the law . Sa there is some sense in me sending to you -- or the State Board of Elections sending to you a copy of a form saying that I have requested your specific D-2r saying who your contributors are. Then you could 115  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 104th Leglslative Day April 14: 1994 check to see if somebcdy was trying to pull off your special I contributors and solicit them. I don't think that rationale applies with a lobbying group. If somebody asks for a -- for a copy of the lobbytst's filing statenent, I don 't see any reason why that should be revealed to the -- the company filing that . repcrt. I thlnk it kind of would -- would dlssuade an individual from requesting a copy of that report to see who they contributed i to. So I think that the reason behind the lndividual, such as us, who is a candidate or an elected officialr getting a copy of who's requesting it, and the logic for the corporation or lobbyist who files, are totally different. I -- I don 't think there is a -- a correlation between the two, Senator. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, I think there is a correlation. This is -- somebody Wants to be a pest, they can do so very easily; however: I think they should identify themselves by their name and address and telephone number and occupation of the requesting party. What's Wrong With that? And this disclosure procedure appears to mirror the procedures governlng the Campaign Finance Reportlng System at the State Board of Elections. And I want to -- much as I like my colleague on the other side from Decatur, I might remind her that she voted for this bill in committee, and there's nothing wrong wlth it. Al1 it does is make it possible to 1et us know, and I thlnk iE's only right. We don't have to file any Freedom of Information request, I and I support the bill. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Severns. ! SENATOR SEVERNS: Thank ycu, Mr. President. I apclogize for standing for a 116  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 second time, but I feel that I must both correct the sponsor and the previous speaker. As a former sponsor - one of many - of the Lobbyist Registration Act, Senator Weaver, your information is inccrrect. There is nothing in the current 1aw that requires I notification. Even the FOI requests do not require notification. . Let's tell what this bill is really about. And, Senator I Geo-Karis, you're right. We voted for this bill, until, through an error, it Was discovered that there was someone else who wanted to testify. To the Chair's creditz she called the witness forward to testify, who made us aware of the difficulties within the proposed legislation. At that point, We made a request to reconsider the motion. It was -- it failed. We Wanted to vote No and urge a No vote today because let's say what this bill really does. It bows to the pressure of the lobbyists to limit their exposure of public expenditures -- of expendltures. That's What it does. That's 1ts purpcse. There is no other reason. That's why it ought to be defeated. If we're going to pass a Lobbyist Registration Law, and hold it up and pat ourselves on the back, We ought to at least 1et the teeth in that law remain. This bill's only intent is to remove some of the teeth. I Would urge a No vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any further discussion? Senator Weaver, to close.

Thank you, Mr. President. Well, right noW there's no notificaticn necessary. We're just trying to bring this in compliance with oEher ethics legislation, requests for -- to review your ethic statements, your campaign reports. I think it's making it easier for the public to acquire this information, and i they deserve this information without having to -- file a Freedom i of Information form . So I would hope that it Would bring both the lobbyists and the -- and the elected officials and legislators who I ll7  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll 14, 1994 have to file thase forms into the same conpliance. And I Would ' request a favorable roll call.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall Senate Bill 1711 pass. Those ln favcr, vote Aye. The opposed, vote Nay. The voting is open. Have a11 vcted Who wish? Have a11 voted who wish? Have a11 voted Who wish? Have a11 voted who wlsh? Take the record. 0n that question, there are 35 Xeasy 15 Nays, 5 voting Present. Senate Bill 1711, having received the required constitutional majlrity, is declared passed. Senator Stern.

I had a question on the last. I didn't reallze the Gentleman was closing. That's all: sir.

PRESIDING OFFICER: (SENATOR DeANGELIS) Thank you. 1712. Senator Geo-Karis. Read the billz Madam Secretary.

Senate Bill 1712. (Secretary reads title of bl1l) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Geo-Karls.

Mr. Presldent and Ladies and Gentlemen of the Senate, this bill simply amends the Minority and Female Business Enterprise Act by extendlng the Act until 1999, and I ask for a favorable vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any discusston? If not, the question is, shall Senate Bill 1712 pass. Those in favor Will vote Aye. The opposedz vote Nay. The voting is open. Have all voted who Wish? Have a11 voted who wish? Have all voted Who wish? Take the record. On that question, there are 54 Ayesr none voting Nay, none voting Present. 118  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th tegislative Day Aprll 14, 1994 I Senate Bill 1712, having received the required constitutional I l majority, is declared passed. Senator Fawelly on 17142 Read the bill, Madam Secretary. ACTING SECRETARY HAWKER; . Senate Bill 1714. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDIXG OFFICER: (SEXATOR DeANGELIS) Senator Fawell. SENATOR FAWELL: Thank you very much. This is a -- a bill Which will allow the judges to take into consideration any offense that ls committed within a thousand feet of a school or on a schccl bus. And the offenses that we are talking about are child abductlon, . kidnapping, indecent solicitation of a child, aggravated assault, aggravated battery, intimidations, gang recruitment, and sexual assault, committed within a thousand feet of the school or on the bus. And ''school'' is defined as not only elementary and secondary schools, but also community collegesy colleges or university property. Be glad to answer any questions. PRESIDING OFFICER: (SENATOR DeANGELIS) Any questions? If not, the question is, shall Senate Bill 1714 pass. Those in favor will vote Aye. The opposed, vote Nay . The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Have a11 voted who wlsh? Take the record. On that question, there are 56 Ayesy none voting Nay, none voting Present. Senate B(ll 1714, having received the required constitutional majority, is declared passed. END OF TAPE l19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 TAPE 4 1

PRESIDING OFFICER: (SENATOR DeANGELIS) I ... tmachine cutoffl...Dillard. Senator Dillard, do you wish the bill returned to 2nd Reading? Senate Bill 1717.

i Yes, Mr. President. For purposes of a technical amendment. PRESIDING OFFICER: (SENATOR DeANGELIS) : Senator Dlllard seeks leave of the Body to return Senate Bill ; 1717 to the Order of 2nd Reading for the purpose of an amendment. ' Hearing no abjection, leave is granted. On the Order of 2nd l Reading is Senate B1ll 1717. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendmenk No. 1, offered by Sena*or Dillard.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dillard.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is just a technical amendment, which was requested by Attorney Genera 1 Burris, and I would move its adoption. ' PRESIDING OFFICER: (SENATOR DeANGELIS) , Any discussion? If not, a11 those ln favorr say Aye. Opposed, say No. The Ayes have it, and the amendment ls adopted. Any further Floor amendments?

No further amendments reported, Mr. President. i

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Readlng. Senate Bill 1718. Senator Weaver. Read the bill, Mr. Secretary.

120  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprtl 14, 1994 Senate Bill 1718. (Secretary reads title of b1ll) 3rd Readlng of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver.

Thank you, Mr. President and Members of the Senate. Senate Bill 1718 is a recommendation from the Bureau of the Budget in an attempt to leveraqe additional federal Medicaid monlesr as well as an audit trail to satisfy the needs of the federal government. It would establish a new fund known as the University of Illinois Hospital Service Fund. If any -- if there are any questions, 1.11 try to answer them.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? If not, the questicn is: shall Senate Bill 1718 pass. Those in favor will vote Aye. The opposed Will vote Nay. The voting is cpen. Have a1l voted Who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 52 Ayes, none voting Nayr none votlng Present. Senate Bill 1718, having received the required constitutional majority, is declared passed. 1719. Senator Geo-Maris. Read the bill, Mr. Secretary.

Senate Bill 1719. (Secretary reads title of bill) 3rd Reading of the bill.

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

Mr. President and Ladies and Gentlemen of the Senate, the summary of Senate Bill 1719, simply that amends the Firearm Owners Identification Card Act by extending the dial-up Transfer 121  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 Inquiry Program until September 1, 1996. The the nine-member commkttee shall make an ënterim report by December 3l, 1994, and under the current law, as you know, federally licensed firearn dealers, when transferring a firearm, are required to contact the State Police dial-up telephone system. I urge passage of this bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any questions? If not, the question is, shall Senate Bill 1719 pass. Those in favor will vote Aye. The opposed, vote Nay. The votlng is open. Have a1l voted who Wish? Have all voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 57 Ayes, none voting Nay, none voting Present. Senate Bill 1719, having received the required constitutlonal majority, is declared passed. 1720. Senator Rauschenberger. Read the bill, Mr. Secretary.

Senate Bill 1720. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Rauschenberger.

Yes. Thts in continuing my tradition of legislative activism, this -- this bill authorizes the Department of Military Affairs to -- to trade a piece of land with the City of Aurora ny district. 80th sides are in agreement with this. We checked on on the value of the properties at the requesE of Senator Carroll, and as a matter of fact, found out that scmehowy accidentally, the Department of Military Affairs is going to ccme out a little bit ahead of the game on this one, as far as appraised value. It's a move of sites to make it easier to bukld the armory. There's less gradient Work necessary. The 122  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 communities involved are in agreement, and T just vould appreciate r a favorable roll call.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any questions? If not, the question isr shall Senate Bi11 1720 pass. Those in favorr vote Aye. The opposed, vote Nay. The voting is open. Have a11 voted Who Wish? Have al1 voted Who ! wish? Have a11 voted Whc wish? Take the record. On that questlon, there are 57 Ayesr none voting No, none voting Present. Senate Bill 1720, having received the requlred constitutional majority, is declared passed. Senator Demuzio, for what reason do you seek recognition?

On a pcint of personal privilege.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your...

I notice that pages 12 and 13 are rather historic. These are historic pages. 1'11 have to keep these. I've been here nineteenr twenty years ncw almost, and they 're all Republican bills. Maybe I sbould also keep -- maybe I should also keep page l4, too, because they're al1 Republican bills. Do you think we're -- how much longer do you think you can keep the Democrats here tonlght to vote for a11 these Republican bills?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senate Bill 1721. Senatcr Karpiel. Take it out of the record. 1722. Read Ehe -- read the bill, Mr. Secretary. Senate Bill 1722.

Senate Bill 1722. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) 123  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 senator Butler. ; SENATOR BUTLER: 1 ! Thank you, Mr. President. Senate Bill 1722 amends our Intergovernmental Drug Laws Enforcement Act to expand the -- the ability of the Metropolitan Enforcement Group to investigate and take action on gang crimes and also to investigate matters pertainlng to guns. As we knowr the Metropolltan Enforcement Group is a cooperative effort between at least two intergovernmental unlts whereby they combine their forces to bring about what I think are some excellent police work. 1'm particularly interested in this because I Was in on the formation of the original MEG units in the Chicago suburban arear and they have done sone fine work. They were -- this will allow them -- it is not a mandate. Everybody can be happy; it is not a mandate. But they are given permlssion to investiqate streetgang-related offenses relating to drugs and also to guns. And I Would urge your approval.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any questions? If not, the question isy shall Senate Bill 1722 pass. Those in favor will vote Aye. The opposed will vote Nay. The voting is open. Have all voted Who Wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 57 Ayes, none voting Nay, none voting Present. Senate Blll 1722, having received the required constitutional majority, is declared passed. Senator -- Senator Geo-Karis, you wish... Read the blll. Senate Bill 1726.

Senate Bill 1726. (Secretary reads title of bill) i 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Geo-Karis. i l24  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 I SENATOR GEO-KARIS: i Mr. President and Ladies and Gentlemen of the Senate, Senate I Bill 1726 makes several Lottery Law changes that the Department of : Lottery ls -- is seeking. One, lottery prizes may be claimed only - and I repeat, only - by presentation of valid lottery ticket that matches records on file with the Lottery. Two, ellminates the six-hundred-dollar minimun that the Department of Lottery is authorized to pay from a separate account. Maximum is twenty-five thousand. Three, if a deferred lottery prize isn't claimed Within the established claim periodr then the securities or other instruments purchased to fund the prize shall be liquidated for deposit in the State Lottery Fund. And four, the Lottery Director nay set aside money in the Deferred Lottery Prlze Winners Trust Fund so that bonds may -- can be purchased later if the prize duration exceeds the length of available securities. Five, if securlties have been exhausted on a llfetime prize winner, State Lottery Fund money shall be used to make payment till the Ninner dies. This bill is a cleanup of some of the omissions that Wedve had in the Lottery Law, and I urge its passage.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any questions? Senator Hall.

Will the sponsor yield fcr a question?

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says she w1l1 yleld.

Senator, I'm just Wondering, its -- is it -- have they kssued payment out on some with -- without the ticket being found? I knoW We got -- We got a year to claim the prize, right? But is there any -- has that ever happened, that somebody collected on a lottery ticket and never had the proof of ticket?

PRESIDING OFFICER: (SENATOR DeANGELIS) l25  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14z 1994 Senator Geo-Karis.

I understandr Senator Hallr that there was a court case Where someone couldn't find their ticket, and they -- then they -- and ' they -- the elaimant went to court and it was settled . I -- I know of other cases where there have been duplicate tickets, false 1 tickets that have been issued. And this is one thing We also -- we are trying to stop.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Collins. Senator Geo-Raris: to close. The questlon is, shall Senate Bill 1726 pass. Those in favor, vote Aye. The opposed will vote No. The voting is open. Have a11 voted Who wish? Have all voted who wish? Have all voted who Wish? Take the record. On that question, there are 57 Ayesr none voting Nay: none voting Presenk. Senate Bill 1726, having received the required constitutional majority, is declared passed. For what reason does Senator Dudycz seek recogniticn?

Thank you, Mr. President. I stand on a polnt of personal privilege.

PRESIDIXG OPFICER: (SENATOR DeANGELIS) State your point. SENATOR DUDYCZJ In keeping With Senator Demuzio's earlier comments, I Would llke to note that - regarding the sponsorship of legislatlon - on pages l6y 17 and 18 it appears that all the sponsors of these wonderful pieces of legislations are Democrats. I just Would like to ask the Chair, does that mean we could leave cn this side When the House bills are voted on?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Demuzio wishes to respond to that questlon.

l26  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 Senatcr Dudycz, all we were asking for is fairness, for justice, for equality. And if you Want to pick up any of those billse we'd be delighted to have you do so. It Would make a great legislative record for you.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs.

Thank your Mr. President, Ladies and Gentlemen of the Senate. ; -- I wish to point out on that issue too, that just as a matter of information, those were bills that were left over from last year, because of the deadline. So they're not neW bills. So we'll see what happens a little later, Senator.

PRESIDING OFFICER: (SENATOR DeANGELIS) A11 right. Senator Madlgan. Take it out of the reccrd. 1729. Senator Donahue. Please read the bill, Mr. Secretary.

Senate Bill 1729. (Secretary reads title of b1ll) 3rd Reading of the b111.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Donahue.

Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. This legislation is proposed by the Department of Public Ald, and it's issues that have been mandatory under the OBRA I93 leglslation, and deals with parentage. It would in nonconeested cases it -- ie helps establish an adminlstrative process through which we can determine paternity in the IV-D program , and the proposal would also expand cr nodify the existing in-hospital parentage process and other provisions of the Parentage Act under thks Reconctliation Act of 1993. It also amends Public Aid Code to comply with federal regulations by 127  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslative Day April 14, 1994 specifically providing admlnistrative suppcrt orders entered into by the Department can be enforced by other states ' orders. They're not just subject to -- to this modificatkon. I guess I'm : not saying that right. And further, it makes sure that *he social ' j security nunbers of the fathers are added to any court orders. Rhis has a potential of costing us -- we -- the loss of about forty-five million dollars in federal matching funds if we don't pass this legislation. I'd be happy to answer any questions.

PRESIDING OFPICER: (SENATOR DeANGELIS) The question is, shall Senate Bill 1729 pass. Those in favor will vote Aye. The opposed shall vote No . The voting is open. Have all voted who wish? Have a1l voted who Wish? Have all voted Who wish? Take the record. On that, there's 57 Ayes, none voting Nay, none votlng Present. Senate Bill 1729, having received the requlred constitutional majority, is declared passed. Senator Maitland, 1733? Senator Weaver, 1757? Senakor Donahue, 17667 Senator Geo-Karis, 1803? Read the bill, Mr. Secretary.

Senate Bill 1803. (Secretary reads title of bill) 3rd Reading of tbe bill. PRESIDING OFFICER: (SENATOR DeANGELIS) : Senator Geo-Karis.

Mr. Presldent and Ladies and Gentlemen of the Senate: this bill amends a nunber of bills. It amends the Children and Fanlly Services Act, the Counties Code, the Illinois Municipal Code, the Eirearm Owner's Identification Card Actr the Business Corporation i Act of 1983 and the General Not for Proflt Corporation Act by delaying or removing the repeal of various Sections of those Acts. The -- the -- this bill also extends the Interagency Authority on i Residential Facilities for Children until September 6th, 1997 l28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 <sic>. And the Authority's charged with developing a long-tern j plan for providing adequate residential facilitles for the care of 1 children who cannot be cared for in thelr own homes, foster care i or other similar arrangements. And the Authority is to sunset on I December 31, 1994. So it just extends it to September 6th, 1997 i <sic>. And Senate Bill 1803 extends the sharing of use and I occupatkon tax receipts between counties and home rule municipalities to September the 6th,1997. And Iurge a favorable 1 vote. PRESIDING OFFICER: (SENATOR DeANGELIS) ' On that question, shall Senate Bill 1803 passy those in favor will vote Aye. The opposed will vcte Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who Wish? Have a1l vcted who wish? Take the record. On that question, there are 56 Ayes: none voting No, none voting Present. Senate Bill 1803, having I received the required constitutional najority, is declared passed. Senator Welch, for what reason do you seek recognition?

A point of personal privilege.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point.

Mr. President: in tcday's gallery, over in the Democratic sider wearlng red coats, We have some of the officers of the Vocational Industrial Clubs of America. They 're holding a convention here in Sprlngfield today and tomorrow. They have over one thousand members. Theylre from throughout the State of Illinois. I think probably everybcdy here has constituents at that. I'd like to welcome them to the Senate. PRESIDING OFFICER: (SENATOR DeANGELIS) ; Will our guests please stand. Welcome to Springfield. 1 Senator Watson, 1832? We '11 return to page 6 at the beginning of l29  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 ! : the Calendar on Senate Bills 3rd Reading. Senator Wocdyard. i Please read the bill, Mr. Secretary.

Senate Bill 141. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard.

Thank you, Mr. President and Members of the Senate. As you can see from the number of this blllr it's been around for quite some time. It's been residing, a11 of last yearr in a subcommittee of the Senate Revenue Committee, and only recently was passed out. I first became involved w1th this concept probably fifteen years ago, when I -- I Was appointed to the House of Representatives, and the person I replaced was a guy by the nane of Jim Edgar. And the first bill that I became a cosponsor of was an Edgar-Reilly bill. So you see, this concept has been around for a long period of time. It looks to me like we 're getting closer to where we may actually pass something in which we're trying tc reform scmewhat the way that we fund educatlon. During those fifteen years, I think every year I've talked to so many people that feel that the way We fund education is not working, and we see that the State Aid Formula has been decreased year after year after year. The genesis of Senate Bill 141 started in the winter of 1993, Nhen a group of young people from my little hometown school district - of only a thousand people in the entire town - asked me a question that led to Senate Bill 141. They said, ''You knowr to support our schools, the anly optlon that we have at the present time is to opt for a real estate tax increase. And wedre gettlng to the point that we just cannot pass those referendums. Will you give -- try to give us the i 130  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4r 1994 authorization to pass a local inccme tax if we couple property tax relief to thaka'' said, ''We1l, sure. Why not?'' I -- I really don't know how you cculd be opposed to that methodology of funding your local school through an income tax increase, rather than the only thing -- other thing belng a property tax increase. And thus Senate Bill 141 Was drafted. 1'11 only go through a very feW points on this, and -- and then try to answer the questlons that you might have. As I have indicated: it is permisslve legislatlon and would require a front-door referendum, either by voter initiative on petitions or by placement on a ballot by the school board. It's to be imposed on individuals only. Not corporations. We did lock at trying to extend this to the corparate lncome tax, and due to the apportionnent of various facilities in and outside of a school districtr we decided not to do that. It can be -- the maximum that could be imposed on a local income tax is two percent. But must be done in at least quarter-percent increments, and at least fifty percent of the amount on the ballot must be used for property tax abatement. If a district so choosesy you could replace you could impose the entire tWo percent and use the entire two percent for property tax abatement. That would simply be a wash and certainly no new dollars for your school system. realize the downside of this, and this was discussed in committee, at length. This b111 does not address equity and parity. I don 't know how on earth you would do that in a bill like this. Ik dces not address the School Aid Formula. And I don't know hoW you would address the School Aid Formula in a bill like this. Certainly the Departmen: of -- of Revenue testified against this bill, saying they wouldn't be able to administer it. Welly I don't understand that phllosophy. The Director of the Department of Revenue came from Missouri, which has a local option income tax. And by the way, twenty-six states do presently have a local cption tax. So evidently some of those 131  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 other states are able to administer this. The other thinq that I did want to nention before accepting some questions: The Senate Revenue Committee held a series of flve hearings during the summer, fall and winter this past year. And one of those hearings was on property taxes, and *he thread came through everyone's comments Wanting property tax relief or some methodology of doing that. That's one of the things that we're attempting to do in Senate Bill 141, is to provlde not only additional money to our school systems, but also property tax relief, and do it by referendum . And with that, 8r. President, 1'11 try to ansuer questions.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? Senator Demuzio.

Well, thank you very much, Mr. President and Ladies and Gentlemen of *he Senate. Senator Woodyard, I -- I Want to congratulate you. ïou made every argument against this bill that I -- that I was going ta. Let ne say to you thatr yesr indeed -- in fact, this bill originally was introduced by Jim Edgar When he was in the Illinois House, and also Jim Reilly, who happened to be my Representative at the time. And quite frankly, over Ehe years I had been in support of -- of the concept that -- a local district income tax option. However, I think for al1 of the purposes that you just outlined as the arguments against i*, that perhaps this is a matter of timing, that this is really not the time. And I'n sure that my colleague who's a Langttme menber of the Education Commlttee, Senator Berman, Will -- will be -- better articulate than I Wi1l. But the Department of Revenue, in fact: ' says that we cannot track where the taxpayers are in a particular area . As a matter of fact, there was a study that Was done. I don't remember if it was Senator Carroll or Senator Berman or someone, asked on a voluntary basls that the school district be I l32  STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4y 1994 1 placed On the -* On the lncome tax form,and that was on a 1 voluntary basis. And -- and in fact, that's not been too successful. But I must, I guessr agree with you. Perhaps the biggest argunent against this at this particular point is that, in fact, it will in fact expand the disparlty between school districts. And that dispartty now is fëfteenr sixteen, eighteen, tWo thousand dollars to fourteen thousand in tbe more affluent distrlcts, and it just seems to me that we ought to be talking about doing something about that, rather than to afford the local district cption, and afford the more affluent districts, I think, to take advantage of this and make the poorer districts even poorer. So for the reasons that you have artlculated: I find myself in a position today to -- to be in opposition.

PRESIDING OFFICER: (SENATOR DeANGCLIS) Senator Hall.

Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will yield.

Senator, I am curious to Wonder why Ehat -- you dre going to finance schools on income tax? Is that what youdre saying? And...lmicrophone cutoffl...on corporations?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard.

This certainly would not totally fund a schoal systen by any stretch of the imaginatlon. One of the reasons that -- that we felt that We could not put corporate tax, or taxes on corporations on the income levelv was khe corporaee headquarKers mighe be oue of the school district that had the faeility - a graln elevator is a gocd example, where the grain elevator may have a facility in i 133 '  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 ! the school distrlct, but the corporation is located someplace else. And We just didn't see how on earth we could make -- make that work on a local option tax. And it is actually the residents, the voters and the income tax payers within that school district who would be voting on this particular.bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hall.

Well: I'd -- I'd be opposed to thls. I mean, if you're going to do something on lncome tax -- nowr ls this -- this is specialized legislation? You're just going to have it in a -- in a certakn distrlct? Is that what youdre saying?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard.

No, Senator. This is statewide.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hall.

I notice an abbreviation -- both of these are ruled exempt. Are you exempt from the Rules Committee?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard.

Senatorr I1m told that it was ruled exempt from the deadline to hear the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hall.

But lt -- I'm trying to get back to this: that we are -- now you dre going to come up with people who cannot even pay their property tax or not -- and then -- now we're going to put it on a 134  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 property tax basis, and you say this ls statewide? '

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard.

. i Senator, I don't think I'm -- I'm making myself clear. This i is a local option referendum. We 've stood cn -- or, been on the Senate Floor debating mandate bills for two bours. Thks is not a mandate on a school district. It gives that local school district the option. If they want to put this on the ballot instead of a property tax increase, lt allows them to do so.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hallr are you done? Thank you. Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, this bill has a front-door referendum for a11 the school districts in the State of Illinois. I don't know why my colleague on the other slde is complainlng; his candidate for Governor wants to raise income tax forty-two percent, and I think this would be an option to the local people, and I support the bill.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Berman. '

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

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he Will yield .

So that I am clear as to the impetus for this praposal, is 1 this blll Governor Edgar's educatlon program? (

PRESIDING OFFICER: (SENATOR DeANGELIS) That was a rhekorical question.

l35  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 No, it's not. I want to know the answer. Is this Governor Edgar's education program? 1

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard. i

No, Senator Berman. It's nine.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Berman.

Thank you. I just Want the record to be stralght, so We understand that. I stand in opposition to this bill. Let me tell you, notwithstanding the referendum provisionr îf you vote Yes on this bill, what you are doing ts hurting your (ndtviduals - the people that vote for you - and helping the corporations. You are golng to allow an income tax to be imposed on every individual resident of your school districts, and with the money that the individuals pay in the increased income taxr you're going to provide property tax relief to everyone, which includes most cr some of your individual constituents and al1 of your corporation residents. This is property tax relief for corporations; a top -- property tax increase for individuals. That's number one. Number two, it doesn 't address the very problem that the two-year study of the Task Force on School Flnance very emphatically painted out, and that fifty-seven percent of the voters cf Illinois confirmed. And that is that it is outrageous that the quality of a child's education should depend upon where that child lives, even though a1l the children live in Illinois. Our staff has done some wcrk, and the staff of Illinois State University has done some Work. Based upon median family income, for example: if this had been -- if this proposal were adopted in Winnetka and Cairo, you would still have, based upon family median incomey an eight-and-a-half-to-one disparity. What does that mean? It means I l36  STATE OF ILLINOIS ! 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 that the so-called rich suburbs could still afford, by eight and a half tines better, to provide their children with a quality education than could the children that live in Cairo . That already exists, and this bill doesn't cure it. This bill Wcrks exactly agalnst what we 're trying to do, and that is to equalize educational opportunity for a1l the children of Illinois. I urge a No vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Palmer.

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

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor said he will yield.

Senator Woodyard, you mentioned at the outset of ycur remarks that this bill was sponsored earlier by now Governor Edgar. What year was that?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Woodyard .

1979.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Palmer.

Thank you, Mr. President. Fifteen years ago. That, in -- in many respects, makes my polnt, that in those fifteen years we have understood much better what we need Eo do to provide adequate and equitable funding for the children of this State. And for that bill to have lain fallow for fifteen years suggests that it is very much out of touch with tcday's reality. And in addition, as Senator Woodyard nentioned, We indeed, on the Revenue Committee, conducted hearings for the last six months across the State of l37  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legisla*ive Day April 14, 1994 Illinois. And while we certainly heard from those Who Want property tax relief - and I think that includes almost everyone - they were also very clear that they want quality education that is adequately and equitably funded. And this was so fron a1l of the major educakion organizations. And it is interesting to me that in addition to the IFT and the Department of Revenue opposing this bill, so do the Taxpayers' Federation, the IMA and the City of Chicago. Now, those are odd political allies on such a bill, and should suggest to you that this is not appropriate for what We need to do. Once again, we are parochializing an issue that needs universal attention. T urge a No vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Burzynski. Senator Hawkinson.

Thank you, Mr. President. Will the sponsor yield for a couple questions?

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will.

Senator: just to follow up on some of the debate, because I had the questions: Is it -- is Senator Bernan's comment that the tax abatement will abate corporate real estate taxes true?

PRESIDING OFFICER: (SENATOR DeANCELIS) Senator Woodyard.

Yes. That is correct. It will abate corporate -- the eorporation property tqx. A good example is your car dealer. If they're incorporated, that bullding would receive the property tax abatement, and there's just no way to separate that out: I'm told.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Hawkinson.

l38  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 Well then, why won't you include a tax? understand that some corporate headquarters might not be in the district, but surely most of the corporate headquarters whether it be the family farm or the car dealer or the 1aw office or the doctor's office - would be amenable to this. This is going to have some problems, but seems to me you -- you set up a very unfair system if you're going to tax only individualsy and then you're going to abate not only individual property taxes. You're just shifting the burden to individuals from corporatlons, and I think that's a significant problem. I -- I favor this in concept as long as you have a front-door referendum, but I don't see how we can do it you're only going to tax individuals to provlde corporate property tax relief.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell.

Thank you very much. A few years ago I Went to the Taxpayers' Federation and was asklng them what would happen we -- We transferred the income tax and we got rid of the property tax order to pay for schoolsr because obviously this ls what a 1ct cf our seniors need, and very frankly, when the School Formula Was origlnally put in, maybe there was some sense to this idea that a person's wea1th could easily be judged by the kind of hcme that they lived in. But I don't think that's really true anymore. What I was lnformed by the Taxpayers' Federation is that if you look at the tax - the income tax - Ehat mcst corporakions pay, it's very small, if aE A 1ok of corporakions can manage to come out not paying any income tax, because when they see that, indeed, they are liable for a lot of income tax, they can go out and buy nore equipment or they can someway or another reinvest that money back into the corporation, and so thelr corporatlon income tax very small. Consequently, if we Went strictly to an 139  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4z 1994 income tax, what would end up happening ls instead of perhaps I doubling the inccme tax on an individual, we Would have to raise it four to five times what it (s right now in order to make up for r that corporate tax -- or that corporate real estate tax . This . method actually keeps that corporate real estate tax in place. Am ! I right, Senator Woodyard? PRESIDING OFFICER: (SENATOR GEO-KARIS) 1 Senator Woodyard. SENATOR WOODYARD: Yes. Thank you. Senator, we -- We didn't change the corporate tax rate. ' PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell. Put her on please. ... Put Senator FaWell on please. SENATOR FAWELL: So What we are saying is that the -- the nonies we will -- We will still derive the monies from the corporations under this plan. We will not lose nonies that we would have lost if we had just gone to an income tax completely. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Woodyard. Senator Woodyard. SENATOR WOODYARD: I -- I$m not sure that I really understand your question, Senator, but a11 I can tell you is that people would be allowed to vote on -- on a district income tax up to two percent. Has no effect on corporations, and you have to -- there has to be at least fifty percent of that increase in property tax abatement. And -- and that's throughout the district. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senatcr Fawell. SENATOR FAWELL: My question is, would khe corporations have to continue paying i 140 '  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 their real estate taxes. I PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Woodyard . SENATOR WOODYARD: I . The answer to that question is yes. They Would still pay thelr property taxes with the codicil that they Would get the abatement in the amount that Was passed. PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Lapallle. SENATOR LaPAILLE: Thank you, Madam President. Would the sponsor yield? PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he w11l. SENATOR LaPAILLE: First of all: I want to canpliment the sponsor on a stunning sport coat today. It 's absolutely stunning. PRESIDING OFFICER: (SENATOR GEO-KARISJ Why, do you have one too? SENATOR LaPAILLE: I Wish I -- I wish I did. We don 't have those up in Chicago. We have to go to Chrisnan, Illinois, to get those. I think it's at a horse and bridle shop or something like that. I didn't want to interject politics in the Illinois Senate, but Senator Geo-Karis klnd of 1ed off with a slight volley earller in the debate. But I think what we're seeing here today is -- is awakening of *he Covernor's Office and the Gcvernor down in Sleepy Hollow . On March 15th I think they kind of started to wake ups because on March 15th the people in thls State - at least in our primary election - said they Want a leader that had some bold vision on getting education back on track and gettin: Illlnols back on track. And I think probably on March 16th, the elves in Sleepy Hollow said, ''Boy, we got to come up With something'', and l41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 they said, HHey, let's pull this out of our o1d library of Governor Edgar's bills and'' - almost tWo decades ago - ''and let's come up With this as our alternative for education in Illinois.'' But thls plan, as I saidy is almost two decades old, and if it Was 1 so good, you would have -- think that we would have passed it by i now, and nade it law in this State. So I think this is an attempt by the Governor to say, ''Wel1, I've got an education plan. Like, pull it out of my library in Sleepy Hollow .'' And it takes care of corporations, as Senator Berman pointed out and Senator Palmer pointed out, because it doesn't tax corporations. It taxes working indivlduals. Worklng indivlduals get hit With this tax, but corporations escape. And that's the whole philosophy that We see, that has come constantly when it ccmes to income tax policy. And those that are concerned about tax votes, I Would say that this would be the granddaddy of 'em all. Just think What Jim Tobin will do to you a11 if this thing -- if youfre recorded as a Yes. I mean, you won't be a tax villain. Hedll be able to fill a whole correctional facility up with Yes votes if you're on thls bill. So I would sayr let's not create another correctional facillty for Jim Tobin and his tax villains. And let's not have a federal income tax, a State income tax, and an Edgar income tax, if this bill passes. I would vote No.

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

Thank you very much, Madam President and Menbers of the Senate. One of the things that's always distinguished this Body over the Body across the rotunda is that even in election years we stood on the Floor and debated the lssues. We have our philosophical and emotional differencesw but we conduct ourselves in a pretty apolitical manner, even in an election year. And I -- I'm not surprised, Senator Lapaille; I've heard you make those I 142  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY r REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 comments before and that's fine. Senator Bernan, I'm really surprised at yours, though, frankly. I -- I Was frankly shocked : at your comments on the equity issue. This has nothing to do with ' equity. I would agree, either way, it does not deal With the equity issue. But I would submit to the other side of the aisler have you looked at the plan that has been suggested by your candidate for Governor? Sinply raises taxes dranatically; does absolutely nothing with the equity issue. Nothing. Zero. If anything, that plan makes it worse. So now that we understand each otherr that thls is not an issue deallng with equity that favors either side, but what this does do - what this does do - is address but one side of the fundtng equatton for schoclsr and many of you confuse the revenue issue when you talk about formula. This doesn't affect the Formula one iota. Doesn't do it. It simply says to a school district that is having a difficult time generating revenue, difficult time raising the revenue through referendum to fund their schools, gives them an opportunity to shift that burden, if you will, to an ability-to-pay type of tax. ft isnft for every school distrlct ln the State. Absolutely not. But this is a component that can go with whatever plan we ultimately pass in this State that deals with the equity issue. I think Senator Woodyard indicated there Were twenty-seven or twenty-eight other states that do this. They make it work. Please give the nine hundred and thirty-two school districts across this State one more innovative way to fund the local slde - not the State side, but the locat side of their schools. Is that wrong? I urge your support.

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

Thank you, Madam President and Members of the Senate. Senator Maitland just indicated that this bill did not have anything to do l43  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 with the equlty issue. And maybe that can be debatable when you talk about inequity of school funding, and I'm not going to get into that. But for anyone to say that this bill does not have i anything to do with equity in taxation in this State, you're sadly i mistaken. I think that is probably one of the -- the most critical, urgent issues on the minds of people across the State. f And it has been proven over and over aqain, from a11 the reports ! ! that I've seen, the question of inequity in taxation of people around this State. And When you put forth a bill that raises taxes or allows taxes to be raised on individuals who are working people and poor people who now carries the greatest burden of the tax load in this Statez and you exempt ccrporations, it says to me that you are widening the gap, and that is most certalnly inequity . So it does have something to do with inequity. It is inequity in taxatlon, which is already way out of line. And I think we should defeat this bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator O 'Daniel.

Thank you, Madam President, Members of the Senate. I rise in opposition to this bill, and -- and I -- for a long tlme I've been one that advocated we should move from the property tax to an income taxz but I think this is just a -- a piecemeal approach to a very serious funding crisis we have in Illinois for -- for education. And until we really decide to -- to bite the bullet and -- and pass an lncome tax and -- and remove the property tax from our major method of funding education, wefll continue to go from one crisis to another. I just think that -- that this isn't the proper approach. There will be -- it's permissive. There 'll be school districts thatdll do it; there dll be school distriets that won't; and the children are the ones that 'll suffer. It -- it won 't be anyone else. And I think this is a piecemeal 144  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day April 14, 1994 approach, and -- and I think we should get serious about this and think about an inccme tax to -- to fund education with. Thank you. I

PRESIDING OFFICER: (SENATOR GEO-KARIS) . I And the last speaker before the sponsor is Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. I'm just wondering how many people looked at this btll. But you don't even have to look at it. Just look at the title. It says lccal option plan. Why are we arguing if this is a statewlde solution? It isn't. We indicate up front it isn't. It's called lccal option. Local option. And 1'11 tell you, if I were a citizen of the State of Illinols looklng at this Body debating this, I Would think -- I Would be highly insulted that I'm such a nincompoop that if Ilm ln a district that has a lot of commercial property, I'm going to vote for a local referendum on my income tax. You know, When I was in the business world - I still an to some degree right noW - we used to say, ''If you've got a big problem, you knock it down into little pieces.'' I've been here since 1979. I have had a School Aid Formula change bill every year since I've been here. But you know where it went? Absolutely nowhere. HWe11, the picture was too big. You're trying to change too many things. Some people win; some people lose.'' Here's a program in which the people can determine for themselves whether they Win or they lose. And let me tell you the school district that needs this. I happen to have the school district in the State of Illinois - and, Senator Berman, every year you were Chalrman of Education I brought you this problem , and you gave me absolutely no relief or no solution. For a1l those years you were head of Education, not one significant change came through in the manner in Which We fund education. And then we have the person that's running for Governor on the opposite sidez who sits there, and in the middle 145  ; STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 of this vision she saw as she wandered through the desert: or what I would call - if We are Sleepy Hollowz pal, she's La La Land . gecause all of a sudden -- a1l of a sudden, this person came up with this vision of the property/lncome tax swap. Well, I want to tell you: There aren't enough fingers on our side of the aisle to ccunt the anount of bills that had that ln her committee that never even once had a hearing. They went right straight ko subcommlttee, and never came again. Finallyr we changed the power structure. We have a Revenue Comnittee. We do have one bill at least that offers a llttle bit of hope to some districts. And 1et me give you the one in my district. I happen to have the only school distrtct in the State of Illinois that has passed every referendum we allow by law, who is at maximum permissive rate for education. Nine dollars and forty-three cents education rate. They are a fifty/fifty school district. Fifty percent State aid; fifty percent property taxes. While the princess from La La Land's sclution would offer absolutely no relief to this school, 'cause it's fifty/fifty. These people spent four hundred dollars less than what Senator Berman's committee, that I served on, has deemed to be an adequate education. Four hundred dollars less. Nine dollars and forty-three cents educational rate. They have nowhere to move. Nowhere to go. There's a cap on them right now that's by law. And let me just tell you: They have very llttle commercial property; these people would recelve the benefit of almost alt the tax that they would raise throuqh the income tax . It is their only hope. I have another school dlstrict rlghk down the road - the one that my kids went to - that's passed referendum after referendum. We get virtually nothing in State aid. Maybe we want to change over to the income tax. Not to raise the amount of money to spend, alEhough we do not spend the most amount of money in my district. You know, What's wrong with giving people the option? Do we think everybody in our dlstrict's a bunch of 146  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 i boobs? That they can't make a determination of what's good for them? Corporations don't vote, pals. Residents do. And if you think it's bad for the residents, then you must thlnk theybre so skupid they won't even know it. So therefore, vote No on the bill. I have to tell you, this is the flrst opportunity since . I've been down here to alter the manner in which education is funded, and the deepest critics I hearr and the oppositlon, are those who have been down here, who have not done docdley-stank <sicl about tryfng to change it. And I would submit to you, here's an opportunity . Albeit small step, but at least -- at least -- because you know in that district, Senator Collins, that I'm talking about is working people. They 're not affluent people. It's Park Forest. It's a -- basically a blue <sic> to lower middle-class community. Give them a chance to know it. Give them a chance to move it. Support this concept. We need to get going on changing educational funding, because we are not going to change the big picture until we take some smaller steps in dealing witb those distrlcts that cannot be helped any other way .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Woodyard, to close.

Thank you, Madam President. In closlng, I Would like to respond a little bit tc a few of the remarks that Were made. Number one, I guess, as Senator DeAngelis did indicate, this is a small step. If we cannot pass a bill that allows local option, or to allow local referendums to fund their own school system, can you tell me hcw on earth we're going to next year pass a massive tax increase that is nandated, and try to make formula changes? I don't see hcW on earth you're going to do that. Yes. I'm sorry. And my cosponsor is over there, by the way. I hope he 's still my cosponsor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 147  ' STATE oF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR sEssloN SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 i Point of order frcm whom? Senator Welch. SENATOR WELCH: ! I had my button lit, and I Was Wondering... PRESIDING OFFICER: (SENATOR GEO-KARIS) j : You had your button lit, and then you closed it, and I . announced that the last speaker was Senator DeAngells.

Well, nobody made a motion to close off the speakers.

PRESIDING OFFICER: (SENATOR GEO-KARIS) You may be right on that. You wish to be heard? ' E SENATOR WELCH: : Yes, I do. i I PRESIDING OFFICER: (SENATOR GEO-KARIS) p Would ycu make it brief, since you go back and forth on your I button, dear? Thank you.

By -- by going back and forth on my button, I got Senator Jacobs to turn his off. So I think it -- it was successful. First of all, 1et me say I think that Senator Woodyard has a very nice ccat. I think it's very -- very appropriate for this bill. But 1et me say, in response to Senator Maitland 's staEement about what Senator Lapatlle said, this is a very political Body. To pretend that this isn't a political Body every single year really is -- is a mistake. Being a number cne target for many years, and finally moving down this year to the number two target, I know personally that this ls a -- every year is a political year. If you look at the Calendary look at the spcnsors of the bills. Twenty percent Democratic, somethlng like eighty percent Republican. It's -- it's a political year. To criticize Senator Lapaille for bringing up the fact that -- that Representative Edgar sponsored this back in the 1970s, many years ago, I think misstates the fact that Senator Lapaille is absolutely correct. I l48  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4y 1994 And by Senator Maitland rebutting that by bringing up Senator Netsch's program seems to ne to emphasize that -- that we are in a political year. But I think if welre going to bring up Senator Netsch's progran r which seems to be the topic of discussion here today and is the underlying current behind the impetus for this bill, I think when we talk about or listen to the forty-percent tax increase that we keep hearing and reading about, we should be honest about that with the voters of the State of Illinois. Many of us have read Senator Netsch's proposal, Senator Maitland. And in that proposal is the biggest real estate tax relief proposal in the history of the State of Illinois. The biggest real estate tax relief proposal we 've ever seen in the history of the State of Illinois. Number two, it's the biggest increase in tax deductions in the history of the State of Illinois. In 1969, when the lncome tax was passed, a11 of us got a deduction of a thousand dollars, and it stayed at exactly the same level. TWenty-five years of a thousand dollars. Inflation has more than doubled in that time. It's only sense to increase that. So when we talk about a tax increase of forty-two percent, let's talk about tax relief. The - - the sponsor of the bill, Senator Woodyardr has said that this may give some corporate property tax relief. I had hoped that that would be changed, because I think that to give corporate property tax relief, at the same time you shift the burden of making up those taxes to individuals, is unfair. In the committee I voted for thisr hoping that when it got to the Floor we would address thak. Apparently that is not to be addressed here today, since no amendments were added. But what happens when you have one district -- one school district With one corporate property/income tax, and the district next door with the higher corporate property tax, is you're going to have raiding on one district to another. Just in my hometown area - twin cities of Lasalle and Peru - they move from Lasalle to Peru, across the 149  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT I 104th Legislative Day Aprll 14, 1994 border, less than a mile away, for tax benefits, because the city I provides them . The same thing will happen Wlth corporations. If you have a corporation with a lower tax rate in one district, the headquarters will be shifted down there. It's obvious that the j disparity will increase with this proposal - thls Edgar tax increase proposalr as it appears to be. I thlnk that maybe twenty i years ago this would have been a good idea. I supported it in the commlttee with the idea that we would bring ou* some anendments on the Floor. Two of the Republican vctes in the committee said they were withholding their option to vote agalnst this on the Floor: but they too wanted to pass it along to see if we could debate the issue and come to some rational conclusion. What wedve come to is, this has become a political football. It's been used to criticize the Democratic candidate and the Republican candidate as well. And once again wedre not coming to the final issue. I think that had we reached some compromise on this by naking corporations pay a fair sharey this Would make a lot of sense. I think that in the future when we discuss educational plans, let's tell the whole story about real estate tax rellef, deduction increasesr as well as increasing local income tax. So I intend to vote No. PRESIDING OFFICER: (SENATOR GEO-KARIS) Seeing no other buttons on the -- no other lights on the board, Senator Woodyard, to close. SENATOR WOODYARD: Well, thank you, Madam Chairman <sicl. Senator Welch, you may also wank Eo remove your name as sponsor from *he bill. Anywayw as I was closing, I -- I did want to mention that if We can 't give the authorization to people in the local school distrlct to at least have scmething to say abcut the funding of their local schools, and we Ire going to come back here next year, and some people expect a massive mandated State income tax to happen. I 150 L -- - - - -  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll 14, 1994 don'k think that will - not with at least twc-thirds of -- of the people that are here tcday coming back next year. But that's a11 beslde the point. I also want to mentlon -- in the politicization of this: 1911 guarantee you I have not spoken to one member of the Governor's staff about this bill - support, opposedr or Whatever. Three years ago an identical bill was introduced in the Senate, and it Was Senate Bill 2136. And I don 't think Republicans Were in the majorlty at that time, and it sure dëdn't get out then. And over that perlod of years, yes, I have introduced both this and the statewide mandate as a means of -- of reforming the way that we fund education. One of the reasons you couldn't pass this bill, or it wouldn't work fifteen years ago , was the fact that We had no mechanism to be able to track the individual taxpayer in a school district. And it'sr quite frankly: the reason that We put that little box on the Illinois State income tax return, as to what school district that person resided iny where we would be able to track that individual taxpayer. So mechanically, it can Workr and lt certainly is working in at least twenty-stx other states. Alsor I want to mention that the -- there is a fear -- a definlte fear of moving from the praperty tax base to somewhat reliance on the income tax, because there's an assumption perceptlon that the property tax base is a very stable base. Nothing could be further from the truth. The property tax base is subject to political whim that happens over here. Every time somebody tinkers with the homestead exemption or their owner-occupied or things like thaE, tt has a dranatic impact on the property tax base. That doesn 't happen with the personal lncome level. If you'll go back twelve years, thirty years, you'll see a very consistent increase in that particular base. This bill also has a mechanism in it to repeal. And particularly the reason we put that in there was just in case, and hopefully, thls Body and the House will pass some kind of school funding next 151  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day April l4r 1994 year, but it does, it -- thls bill has khat mechanism in there to repeal that. The inequity thing and -- and nonparity issue, here again, I'm -- nentioned that in my opening remarks. don't see any way to address that in here. And what on earth do you think the reel estate taxes do as far as equity/parity? Today people can vote for or against referendums that only raise -- raise property tax. Does that create inequity and nonparity? Sure it does. And this does no worse, at least, than -- than the property tax. With a1l of those things and I realize there's a 1ot of reluctance on this Floor to -- eo pass this along - but T certainly would hope that many of you could support this, and with that, Madan President, I Would solicit your Aye vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 141 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted who wished? Have all voted who kish? Have a1l voted who wish? Take the record. On that question, there are 18 Yeas, 34 Nays, 2 Present. And this bill, having failed to receive the required constitutional majority, is declared failed. Senate Bill 393. Senator DeAngelis? Senate Bi11 393. Senator Woodyard . Senabe Bill 454. Senator Barkhausen. Mr. Secretaryz read the bill.

Senate Bill 454. (Secretary reads title of bill) 3rd Reading of the b111.

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

Thank you, Madam Secretary and Members. Senate Bill 454 creates the Uniform Interstate Famlly Support Act. Like some of my other bills, it is a recommendatlon of the National Conference l52  STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 on Uniform State Laws. This oney I think, is especlally important. We have labored for years tryin: to come up with more effeetive ways of collecting child support in this State. Illinois has been documented by our federal overseers as not having a particularly good record in this regard. And this leglslation will particularly help in those those increasing number of instanees where the former spouse, obligated to pay child support, has moved out of State and the custodial spouse is seeking to enforce an existlng child support order in that foreign jurisdiction. It w111 better enable the proceeding to collect child support to remain the -- in the jurisdiction in this case, Illinois - where the original divorce was granted: and will therefore, I think: help to increase the number of instances where chlld support is is collected much more easily and much less expensively from the standpoint of incurring attorneys' fees. I know of no opposieion. I'd be glad to answer any questions. The bar assoclations are aware of the billr and didn't have any questions about it and seemed to think was a good idea . And I ask for your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion? If not, Senator Barkhausen, to close. The question is, shall Senate Bi11 454 pass. Those in favor will vote Aye. Those opposed wlll vote Nay. The votin: is open. Have al1 voted Who wish? Have all voted Who Wish? Have all voted Who Wish? The record: 54 Ayes: none voting No, none voting Present. And Ehis bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1110. Senate Bill 1125. Senator Lapaille. Senator Lapaille? Senate Bill 1144. Senator Petka. Senate Btll 1149. Senatcr Palmer. Senate Bill 1149. Senator Palmer. Mr. Secretary, read the bill.

l53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14y 1994 Senate Bill 1149. (Secretary reads title of bill) 3rd Reading of the blll. i

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

I Thank you, Madam President. Approximately four years ago retired teachers ln Illinois were allowed to Work one hundred days as substitute teachers instead of seventy-five. When we passed this 1aw we failed to chanqe al1 of the Chicago Teacher Articles of the Pension Code and the State Mandates Act. So We only allow Chicago teachers now to work seventy-five days a year, instead af the hundred days a year that al1 other retired Illinois teachers are allowed to work. Senate Bill 1149 is needed to keep State law from forcing penslon trustees to cancel thousands of pensions and to define them as contributors, and this would include many of the five-plus-five early retireesr who wculd then experience forfeitures under very heavy penalties. This bill has -- accordlng to Illinois Economic and Fiseal, there would be virtually no fiscal impact to the accrued liabilities of the Chicago Teachers' Retirement System. And this allows pensioners to return to teachlng for a maximum of a hundred days with no loss of benefit retroactive to the date When a11 other Illinols teachers received their hundred days permission. This passed unanimously out of the committee, and I ask for your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Watson.

Yes. Madam Presidentr it's been brought to my attention that an amendment had been filed on thisy and it was certainly not a hostile amendment. In fact, I think it Was an anendment that Was brought forth by the Chicago Board of Educaticn. We had planned 154  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 ! on hearing this bill next week in committee, With that amendment. If the sponsor Would take this out of the record so that we could have that amendment adopted and debated in committee. !

PRESIDING OFFICER: (SENATOR GEO-KARIS) . senator Palmer.

Thank you, Senator Watson. Senator Raica and I had already spoken about this, and with the agreement of the representative of the Board, it was my understanding that this amendment would be handled in the House, and that I was to move forward on this bill.

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

Thank you, Madam President. What Senator Palmer sald is true. She was more than amenable to change and to pass the amendment here. We didn't think we had enough tlme to do that. And she had agreed to -- to pull this thing back, and has no problem, I would understand, in changing 1* in the House. And just for the -- the -- the time span, We -- We felt that it Would be no problem whatsoever just to pass it to the other side with her commitment to -- to assist with the amendment in the Hcuse. Sc the Chicago School Board says that's flne - there's no problem.

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

Well, that being the case, we have na problem with this. We supported the legislation in committee, and I'd ask for your support.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearlng none, the question is, shall Senate Bill 1149 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is 1 l55  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 open. Have a11 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the reccrdy Mr. Secretary. The Ayes are 55, there are no Nays/ there's k Present. And this bill, having received the required constitutional majorlty, is hereby declared . passed. Senate Bill 1153. Senator Dudycz. Mr. Secretary, will you read the bill. SECRETARY HARRY: Senate Bill 1153. (Secretary reads tltle of bill) 3rd Reading of the btll. PRESTDING OFFICER: (SENATOR GEO-KARIS) Senator Dudycz. SENATOR DUDYCZ: Thank you, Madam President. Madam President, I believe that Senator Ralca has been trying to get your attention. Wishes to seek... PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Raica. SENATOR RAICA: Madam President, just a polnt of personal privilege, if I may. PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point, please. SENATOR RAICA: I would just ltke to apologize to Senator Watson. He's been more than accommodating to both Senator Dudycz and I when it came to any type of legislatlon regarding *he Chicago Publlc Schccl System, and it's in my error that I didn't inform him of what had been agreed to, and I would just like to apologize to hlm publicly on the Floor. PRESIDING OFFICER: (SENATOR GEO-KARIS) Your apology noted. Senator Dudycz. SENATOR DUDYCZ: 156  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 Yeah. Thank you, Madam President. Senate Bill 1153 was brought to Senator DeLeo and myself by the members of the Northwest Neighborhood Federation. Originally the bill amended the Crininal Code of 1961 ''to requirer in addition to any other sentence that may be imposed, a court shall order any person convicted of or placed on supervlsicn for assaultr criminal damage to property, certaln weapons violations, mob action, or disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction''. The -- the Judiciary Committee had sone problems with the language and we had since adopted an amendment, which simply states far each of the subsections: This subsection shall not apply when a court impcses a sentence of incarceration. So that if someone is found guilty of one of the offenses and incarceration is -- is sentenced upon them, they would not be required to perform community service. And 1911 be more than happy to respond to any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearlng none, the question is, shall Senate Bill 1153 pass. Thcse favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 vcted who wish? Have a1l voted Who Wish? Have all voted who wish? Mr. Secretary, take the record. The vote is 57 Ayes, none voting Ncy none voting Present. And this bill, having recelved the required constitutional majority, is hereby declared passed. 1165. Senate Bl11 1165. Senator Hendcn. Mr. Secretary, will you please read the blll.

Senate Bill 1165. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) l57  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 Senator Hendon.

Thank you, Madam President. This bill eliminates the current focd stamp program that has the physical food stanps. This just changes it to a -- a credit card, electronic transfer type systemr whieh is nore efficient and better for a11 concerned. And I ask this approval.

PRESIDING OFEICER: (SENATOR GEO-KARIS) Is there any further discussicn? Is there any further diseussion? Hearing none, the question is, shall Senate Bil1 1165 pass. Those in favor will vote Aye. Those opposed will vote Nay. And the voting is open. Have a11 voted who wished? Have a11 voted who wished? Have a1l voted whc wish? Mr. Secretary, take the record. The record shcws 57 Ayesy none voting No, none voting Present. And this bill: having received the required constitutional majority, is hereby declared passed. Next bill, Senate Bi11 1175. Senator O 'Malley. Senate Bl1l 1181. Senatcr O 'Ma11ey. Senate Bill 1182. Senator Topinka. Senate Bill 1186. Senator O'Ma11ey. Senate Bill 1206. Senator Petka. Senator Petka . And, Mr. Secretary, Will you please read the bill.

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

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

Thank you very much, Madam President, Members cf the Senate. This bill was pulled out of the record yesterdayr after we had adopted an amendment which Was proposed by Senator Berman and the Municipal League. I know of no opposition to this bill. It basically provides equity for some police officers in the State l58  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 who have been performing police work for khe last eight to ken years and who were denled admission into the Pollce Pension Fund. Thls would basically permik them to purchase back service, and they would not be denied admission lnto that Police Pension Fund because of certain maladies or disabilities that they suffer. 1. would urge an Aye vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any discussicn? Any discussion? Senator Lauzen.

A question for the sponsor.

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he'll yleld. Senator Lauzen.

Is this -- this is the case of Kevin Holmes in Aurora. Are you aware of the accuracy of the report that in testimony When he was brought onto the force that he had said, you knowr ''Hire me and 1911 give up my rights to that future you know, to ny eligibility to the pension and some other benefits.'' Are you familiar with what that background is?

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

Senator: not aware of that statement, but it doesn't change my idea about Mr. Holmes, in any Way, shape or form. just indicates to me that he truly wanted to be a dedicated 1aw enforcement service and was Wllling to make any sacrifice to do just that. I do think that, in light of that -- thaty he deserves the same protection as any other police officer and partlcipation in the fund.

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

l59  STATE OFILLINOIS 88TH GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day Aprll 14r 1994 k Has there been any conslderation -- this may be a absolutely i I i wonderful bill, and I -- I see the perspective. Has any conslderation been given to allowing for a preexistlng condition to be exempted within your bill?

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

Senator, we're trying to do away with the so-called two-tier system, in which there are two separate examinations: the fitness examination for service as a police officer, and then a seccnd examination. What this bill says is, if you dre fit to serve as a peace officer, you're fit to serve -- to be a part of the Pension Fund .

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

Okay. So what you lre saying is that a determination has to be made. Now, won't they run into the trouble of if they don 't allow the person to serve, that they run up against the federal regulations under ADA?

PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Petka .

That really doesn't have anything to do With the Pension Code. It has everything to do with service as -- as a peace officer.

PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Berman.

Thank you, Madam President. I rise in support of the bill. I Want to compliment the sponsor for his flexibility and responslveness in addressing what I thought Was the heart of the problem, and that's reflected in the amendment that Senator Petka l60  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslatlve Day April 14# 1994 put on the other day. Let me just comment to Senator Lauzen's last question. The ADA would not have any effect if the -- orr the handicap that the applicant has would disqualify that I applicant from being a police officerr then he ought -- or she, . ought to be rejected. But if they're accepted because of thelr physical abilitles -- if you're accepted to serve, you pre accepted to be a pensioner, and that's exactly what this does. Thank you. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs, for further discussion. SENATOR JACOBS: Yeah. Thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield for question? PRESIDING OFFICER: (SENATOR GEO-KARIS) He lndicates that he will. SENATOR JACOBS: Senator, just one questlon, then -- welly two questions actually. The first is: Had this individual been paying in and had the Department been paying in to the Pension Fund for him or her, whatever the case may be? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka. SENATOR PETKA: Senatory he has not been paying in. The bill would requlre that he would basically place those last seven or eight years -- I shouldn 't say he - they Would have to basically purchase the last seven or eight years tha: they uould have been paying -- or making those conErlbutlons. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs. SENATOR JACOBS: Just one final question. Are you going to, in the interest of good faith and -- going to glve an appropriate appropriations bill 161  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 that will take care of the unfunded liability on this particular issue?

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

Senator, the Municipal League asked for us to do this.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Hearin: nonev Senator Petkar to close. Senator Petka r to close.

I think the -- the issues have been adequately debated. And I would urge an Aye vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) A1l right. The question ls, shall Senate 3i11 1206 pass. Those in favor will vote Aye. Those opposed will vote Nay. And the voting is open. Have a11 voted who wish? Have al1 voted who Wish? Have a11 voted who wish? Mr. Secretary, take the record. The Ayes have -- the Ayes are 56r there are no Nays, no voting Present. And this bill, having received the required constitutional majorityy is hereby declared passed. Next bill: 1207. Senate Bill 1212. Senator Mahar. Senator Mahar, 1212? Senator Petka. Senate Bill 1223? Senate Bl11 1253. Senator Carroll. Senate Bill 1260. Senator Hasara. Senate Bill 1274. Senator Watson. Senate Bill 1279. Senator Fartey? Senator Farley. Mr. Secretary, please read Senate B111 1279. END OF TAPE TAPE 5 l62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Leglslatlve Day April l4, 1994

.. . tmachine cutoff)...1279 is: (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 1279 ls an idea that Senator O'Malley and I have had for the last year, and in that idea we are asking that We have a Truth in Taxation Week: or -- or Taxpayers' Awareness Week, during which time -- it would be the first week in December where the different tax levy bodies would hold a meeting and discuss what proposed levies they would be imposing. It would be given -- giving an opportunity for -- for peopley citizens and groups and so forth, to come in and discuss with those different taxing bodies what -- what the levies might ber the purpose and the -- the amount. We passed a similar bill in House Bill 2080, Which was vetoed by the Governorr and we eame back uith this proposal wlth some -- some needed changes. And those changes are -- or, should say, the differences are, in this bill, we have the hearings just from Monday through Friday only, and an effective date of January 1995. I feel that this is a good taxpayers'/ consumer-type of blllz and I wculd hope for a favorable roll call.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion? Hearing noney the question is# shall Senate Bill 1279 pass. Those in favor will vote Aye. Thase cppcsed will vote Nay, and the voting is open. Have al1 voted who wish? Have al1 voted who wlsh? Mr. Secretary, take the record. The Ayes are 57, there's no Naysr there 's no voting Present. And this bill, having received the required constitutlonal majoriky, is hereby declared 163  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 passed. 1296. Senator -- Senator Mahar. Senate Bill 1302. i Senator Butler. Mr. Secretary, will you read the Senate Bill ! 1302.

Senate Bi11 1302 is: . (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Madam President. Senate Bill 1302 is an amendmenk to the Municipal Code, which allows a very specific extension of one TIF district - that is for the City of Des Plaines. Hcwevery I -- I hasten to point out that thls may be a problem that wedre going to have in an increasing amount in the near futurey in that many of these TIF districts Were formed When the prospect of developnent of a downtown area, as is in this caser were much brighter and financing was available. What we find now is that at - - at long last this community does have a -- a prospect for downtown redevelopnent project - a big one - and -- and -- but having difficulty financing itr because of the short term left on their TIF district. So this bill merely gives them an extension of the time remaining in their TIF district. I Was pleased to find that the school district agrees with this. So I Would urge your approval.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Palmer.

Thank you, Madam Presldent. Just a questicn of the sponsor. PRESIDING OFFICER: (SENATOR GEO-KARIS) ' He indicates that he'll yield.

164  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 ' i I Senator Butler, is there any information about the cost of I I : this to that taxing district, since TIF does lower the -- the 1 senator Butler. . l

Nor I don't have any specific infcrmation, except to point out that over the long term it Would be practically the same, if not a little less, because interest rates are reduced. The school district is in agreement with this, realizing development is good for the community.

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

Mr. Sponsor, Will you yield for a question?

PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates hefll yield.

I'm not clear whether you mean by this any TIF that is -- was in existence in 7/'85, or if ycu nean any TIF that began its existence during July of $85.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Butler.

As the bill we passed last year stated, it Was very specific; this is designed just for thls TIF district. It -- it is nct all-encompassing.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Stern. Any further diseussion? Senator Jacobs. Any further discussion? Hearing none, the question is, shall Senate Bill 1302 pass. Those in favor Will vote Aye. Those opposed Will vote Nay. And the voting is open. Have a1l voted Who wish? Have 165  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislatlve Day April 14, 1994 a11 voted who Wish? Have all voted Who Wisbed? Mr. Secretary, take the record. There are 43 Ayes, 8 voting Nay, 2 voting Present, and this bill, having received the copstitutional -- required constitutional majority, is hereby declared passed. Senate Bill 1319.. Senator Donahue. Mr. Secretary, Will you please read 1319.

Senate Bill 1319. I (Secretary reads tltle cf bill) ï I 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR GEO-KARIS) l i I Senator Donahue.

Thank you very much, Madan President. Senate Bill 1319 really just simply clarifies scmething for the Small Business Administration. It is a -- lt amends the Hospital District Law , and it allows a hospital in my area to enter into contracts and what's involved in building congregate housing for senior citizens. We feel that Illinois law is very clear in this. The Small Business Administration doesn't think so. So We're just sort of clarifying it for then. I would ask for your suppcrt. Be happy to answer any questions.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussicn? Hearing none: the question is, shall Senate Bill 1319 pass. Those in favor will vote Aye. Those opposed Will vote No. And the voting is open. Mr. Secretary, take the record. And there are 55 Yeas, none votin: No, ncne voting Present: and this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1323. Senator Watson. Senate Bill 1324. Senator DeAngelis. Senate Bill 1328. Senator Peterson. Read the bill, Mr. Secretary. l66 '  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994

Senate Bi11 1328. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFDICER: (SENATOR GEO-KARIS) Senator Peterson. Senator Peterson.

I believe there's an amendment that was adopted in committee. Does that have to be approved? No? I thank you: Madam Speaker -- Madam President. Senate Bill 1328 makes several changes to the Liquor Control Act. The major change would make it illegal for individuals to use private residences and/or hotels or motels in violation of this Actr to provide liquor for minors. And it Would -- the penalty wculd be a Class A nisdemeanor. And finallyy the amendnent, which is part of the bill, changes several references ln the legal drinking age from eighteen to twenty-one. Would ask for affirmatlve vote on Senate Bill 1328, as amended.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Jacobs.

Would the sponsor yield for a questlon?

FRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates that he will.

Senator Peterson, in this bill, is a minor child or a Ward of that partlcular individual exempted from this bill?

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

Only if it's not their child, Senator.

PRESIDING OFFICER: (SENATOR GEO-KARIS) l67  1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 Senator Jacobs.

If I happen to be in my own hone and we're having people over, if my child's married and sitting there, is twenty years old, can I legall. y still alloW that chlld to have a drink in my own home under this particular legislation and/or his wife?

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

Accordlng to current lawr that Would be -- be illegal.

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

Youdre correct. They could do that, Senator.

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

What about if that were ny daughter and her husbandy Who is my son-in-lawr could I then allow my son-in-law to have a drink in my own home?

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

Not legally. No.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs. Senatcr Jacobs.

Thank you, Madam Presldent. I understand your intent, Senator, but I think Wtth some of these things we sometimes gc too far. I think the other side of the aisle makes many, nany good points very often of the intrusion of law into the private lives of those of us in -- in the pursuit of our own dignity within our 168  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 own home, and think for that reason, that portion is existing 1aw and that change in that respect will cause a No vote for me.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Peterson, to close.

Thank you, Madam President. llke to point out to the Senator ln closing, that currently the law says that ''No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the ase years, except in the performance of a religious ceremony or service.'' That is the laW right now. We have not changed it in this partlcular bill. Wculd ask for an affirmative vote on Senate Bill 1328.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 1328 pass. Thase favor, vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted who wished? Have a1l voted Who wished? Have al1 voted who wished? Mr. Secretary, take the record. There are 50 Ayesr 4 voting Nay, 2 voting Present, and this bill, having received the required constitutional najorityr is hereby declared passed. The next bill is 1336. Senator DeAngelis. 1334 1344. Senator Sieben. 1357. Senator Hawkinson. 1358. Senator Hawklnson. 1365. Senate Committee on Revenue. Senator DeAngelis. Would you please read the bill, Mr. Secretary. Senate Bill 1365.

Senate Bill 1365. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELTS: 169  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT 104th Legislative Day April 14r 1994 Thank your Madam President. Last year a resolution passed this Body that... PRESIDING OFFICER: (SENATOR GEO-KARIS) Just a moment, Senator. Could We have a little quiet? It's an important bill. Thank you. SENATOR DeANGELIS: Last year the Bady passed a resolution in which the Revenue Committee of the Illinois Senate Would go cut into the hinterland and review all the tax Acts that are -- has passed. After reconvening this year, we agreed to submit a committee bill on those things that we could agree on, and this bill, 1365, is a product of that agreement. And it has several provisicns: Oner it creates the Responsible Education Funding Law, which T think was Senator Berman 's billy which in fact, ensures -- or requires the Governor to submit a budget ln which the total GRF appropriations are no less than the previous year; secondly, it amends a number of tax Acts to require that al1 future legislationr which has in it credits, exemptions and deductionsr have a sunset date. Quite often we pass deductions and exemptions and never go back to determine their value, and to see how effective they are. This requires that. Number three, the -- sets a statute of limltations on the filers of use liability to six years. Quite often people get audited for periods way beyond that in which they have no records. Of course, if there's a case of fraud, there is no statute of limitations. There Were two comnittee amendments. One restored the Truth in Taxation Act, which had been inadvertently deleted when we did the recodification of the real estate part of the Statutes. And the last item was a committee anendment that requires, under the Property Tax Code, that the redemption notice contain the same description of the property as appears on the collector's advertisement. I want *o thank the committee for working so well l70 . I  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 on this. I want to thank Senator O 'Malley for introducing the resolutlon, and I'm real pleased to report that we were able to reach some agreement -- consensus agreement on some elements of our hearings. We still have a lot of work to do since then. Be happy to answer any questions. .

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Palmer.

Thank you, Madam President. I Want to thank the Chairman of the Revenue Committeey Senator DeAngelisr and the Menbers. As the ' . ! Minority Spokesman for this commlttee, I found the debate rigorous j and vigorous, to say the least. This is a good first step. I 1 urge our side to vote for it. We have a very long way to go, but I thank Senator O'Malley for puttlng forward the resolution that 1ed us to go around the State and to hear from people, ; particularly, about educatlon, property tax and others. I think i we did quite a bit of discovering, and I urge you to get a copy of Our report. I wanted to menkion one item that Senator DeAngelis i forgot to mention. This bill also includes a requirement that the Auditor General develop an annual reporting form to be used by a1l agencies that impose fees. And it will dlrect the Office of the 1 1 ! Comptroller to collect this data and submit a report to the j 1 General Assembly by September lst of each year, detailing a number of items. The reason for most of the points in this bill is that it is time for us to take a hard look at where our revenue comes from, whether it is fairly collected, and whether we are collecting it to the best advantage of the State, given limited resources. I do urge an Aye vote, and I hope this will be the beginning of a further process.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion? Hearing none, Senator DeAngelis, to clcse. I . l7l  STATE OF ILLINOIS 88TH REGE UN LA ERAL SEA SSI SE OM NBLY j SENATE TRANSCRIPT 104th Legislative Day April l4: 1994 ' SENATOR DeANGELIS: Roll call. 1 PRESIDING OFFICER: (SENATOR GEO-KARIS) j Senate Bill 1365, the questlon is, shall it pass. Those in favor, vote Aye. Those opposed Will vote Nay. The voting is . open. Have a11 voted Who wish? Have al1 voted Who wished? Have a1l voted who wish? Mr. Secretary, take the record. The record is 57 Ayes: none voting No, none voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. Senator Lauzen.

A personal privilege.

PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point.

Two. T'd like the record to reflect that on Senate B1ll 1328, I would like the record to show a Yes vote on that. And then in the balcony, over on the Denocrat sider I'd like to introduce the seventh grade class of Annunciation Schcol in Aurora, Illinois, led by their very able teacher, Mary Beth Bevis. If you would stand to be welcomed.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Welcome to the Senate. It's always nice to have young people here. Thank you. Senator Philip, for what purpose do you rise?

Thank you, Madam President. For purpcse of an announcement. To let the Members know that we've been through 3rd Readlngs today completely. Wedve done a pretty good job. It's been kind of boring, but we concluded a lot of work. We anticipate coming in tomorrow at 9 a.m., starting on 3rd Readings, and hopefully we'll get out of here by noon. In regards to next Week, I don't see any reason for us to be here on Monday. It would seem to me We ought 172  STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 to be able to come in on Tuesday at noon. So Wedve been through it one time. I hope that everybody is on time in the morning, and that we can get out of here by -- by noon. '

PRESIDING OFFICER: (SENATOR GEO-KARIS) . Thank you, Senator Philip. Messages from the Housew Mr. I Secretary. ) !

Message from the House by Mr. Rcssi, Clerk. Mr. President - I am directed to inform the Senate that the House af Representatives has passed a bill of the following ' title, ln the passage of which I am lnstructed toask*he j I Concurrence of the Senate, to Wit: ! House Bill 2631. Passed the House, April 14th, 1994. A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the I l l concurrence of the Senate, to Wit: ; House Joint Resolution 140.

PRESTDING OFFICER: (SENATOR GEO-EARIS) Senator...

(Secretary reads HJR No. 140) i 1 i Adopted by the House, April 14r 1994. 1 PRESIDING OFFICER: (SENATOR GEO-KARIS) 1 Senator Weaver.

Thank your Madam -- Madam President. I would move for the suspension of the rules for the immediate consideration and adoption of House Joint Resolution 140. PRESIDINGOFFICER: (SENATORGEO-KARIS) j l73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ! REGULAR SESSION I SENATE TRANSCRIPT 104th Legislative Day April 14, 1994 I I Those in favor -- Senator Weaver moves to suspend the rules I 1 for the purpose of the immediate consideration and adoption of ' ; this bill <sic>. Those in favor Will say Aye. Those opposed Will : say Nay. The Ayes have it. The rules are suspended. Senator . Weaver has moved for the adoption of House Joint Resolution 140. Those in favor, please signify by saying Aye. Those opposedz Nay. The Ayes have it, and the resolution's adopted. Senator DeAngelis. SENATOR DeANGELIS: ! ! Thank you, Madam President. I would like to remind the ' ' j Members of the Revenue Committee that there is a neetlng at 8:30 a.m . -- 8:30 a.m . in Room 212. We only have two short items of business. We should be out of there lickety-spllt. 8:30, Revenue Committee, Senate. Thank you. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Smith . SENATOR SMITH: Yes. Madam Presidentr I'd like to ask if I might be recorded on Senate Bill 1712 as a Yes vote, please. I had to step out to the doctor. PRESIDING OFFICER: (SENATOR GEO-KARIS) So noted, Senator Smith . SENATOR SMITH: Thank you . PRESIDING OFFICER: (SENATOR GEO-KARIS) Committee Reports, Mr. Secretary. SECRETARY HARRY: Senator Weaver, Chair of the Ccnmittee on Rules, reports that the following Legislatlve Measures have been assigned to commlttees: to khe Committee on Commerce and Industry - Senate Amendnent 2 to Senate Bill 481) to the Committee on Education - Amendment 2 to Senate Bill 1149, Amendment l to Senate Bill 1274, 174  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day April l4, 1994 Amendment 1 to Senate Bill 1628: and Amendment l to Senate Bill 1682; to the Committee on Envircnment and Energy - Senate i Amendments 2 and 3 to Senate Bill 11727 to the Commlttee on E Executive - Amendment 1 to Senate Bill 1528: to the Committee on Insurancer Pensions and Llcensed Activitles - Amendnent 1 to Senate Bill 1709 and Amendment 1 to Senate Bill 1710) to the i Committee on Judiciary - Amendment 2 to Senate Bill 1253, Amendment 1 to Senate Bill 1447, Amendments 2 and 3 to Senate Bill ' i 1516, Amendment 2 to Senate Bill 1694, Amendment 3 to Senate Bill 1698: to the Commlttee on Local Government and Elections - Amendment 4 to Senate Bill 12637 to the Committee on Public Health ' and Welfare - Amendment 2 to Senate Bill 1147 and Amendnent 2 to Senate Bill 15987 to the Committee on Revenue - Amendment 1 to I Senate Bill 13397 ta the Transportation Committee - Amendment 2 to Senate Bill 17307 and Be Approved for Consideration - Senate Amendment 2 to Senate Bill 1751 and Conference Committee Report ! No. 1 to Senate Bill 405. PRESIDING OFFICER: (SENATOR GEO-KARIS) i Is there any further business to cone before the Senate? If notg Senator Karpiel moves that the Senate stand adjourned untfl 9 a.n., Friday, April 15 - Internal Revenue Day. We stand I adjourned. I I l 1 175 * REPCRT: TIFLDAY STATE OF ILLINOIS 94/11/03 PAGE: O01 88TH GEMERàL ASSEHBLY 11:04:29 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 1k, 199% HB-0k60 FIRST READING H8-0636 FIRST READING H8-0637 FIRST REâDING HB-098R FIBST REàDING H8-0985 FIRST REZDING HB-1308 FIRST REâDING 88-1657 FIRST READING HB-1970 FIHST REZDING SB-01R1 THIRD READING SB-0R5% THIRD READING SB-11R9 THIRD REZDING SB-1153 THIRD READING 58-1165 THIRD REZDING SB-1206 THIRD READING 58-1279 THIRD READING 33-1297 SECOND READING SB-1302 THIRD READING SB-1319 THIRD REZDING 38-1328 THIRD READING 58-1365 THIRD READING SB-138k SECOND REZDING 58-1397 THIRD READING SB-1V01 POSTPONED CONSIDERâTION SB-1k37 THIRD READING SB-1kR8 RECâLLED SB-1V54 THIRD REâDING SB-1M55 THIRD READING SB-1:56 OUT OF RECORD SB-1M57 THIRD REZDING SB-1M80 THIRD READING SB-1502 THIRD READING sB-1515 THIRD REZDING SB-1516 OUT OF RECORD SB-:517 THIRD READING SB-15M5 THIRD READING 58-1558 THIRD READING SB-1570 THIRD REâDING 58-1595 THIRD REZDING SB-1610 THIRD REZDING 88-1657 THIRD READING SB-1670 THIRD REZDING 58-:672 THIRD READING SB-1691 RECâLLED 58-1692 THIRD REZDING 58-1693 THIRD REZDING SB-1700 THIRD READING SB-1704 THIRD REZDING SB-1704 OTHER SB-17O5 0UT OF RECORD sB-1707 THIRD READING SB-1708 THIRD READING SB-1711 THIRD REZDING SB-1712 THIRD REZDIMG sB-1712 OTHER SB-171q THIRD READING SB-1T17 RECZLLED sB-1718 THIRD RRADING SB-1719 THIRD REZDING 38-1720 THIRD READING 58-1722 THIRD READING 58-1726 THIRD REZDING 58-1729 THIRD READING SB-1751 SECOND REâDING SB-18O3 THIRD REZDING 1,' -- --. - -? :: -' ..-,- REPORT: TIFLDAY STATE OF ILLINOIS 94/11/03 PAGE; 002 88TH CENERZL ZSSEHBLY 11:0R:2j SENATE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 1R, 1994 5R-1263 RESOLUTION OFFERED PAGE 2 HJR-01R0 ADOPTED PàGE 173 HJR-OIRO RESOLUTION OFFERED PâGE 173 *HJR-OOIR PCSTPONED CONSIDERATION PAGE tl11 SJR-0001 THIRD REZDING PZGE 89 SJR-0007 THIRD REZDING PAGE 92 SJR-0OT2 THIRD REâDING PAGE 99 SJR-0123 THIRD REâDING PAGE 101 SDBJECT MATTER SENATE TO ORDER-SENATOR KATSON PAGE 1 PRAYER-REVEREVD HICHAEL SHITH PAGE 1 JOURNALS-POSTPONED PZGE 1 HESSAGES FROH THE HOUSE PAGE 173 COMHITTEE REPORTS PAGE 17k àDJOURMHENT PâGE 375