Illinois Senate Floor Debate — April 20, 1994

The hour of noon having arrived, the regular Session of the j i 88th General Assembly will please come to order. Will the Members please be at their desks. Will our guests in the galleries please rise. Our prayer tcday will be given by the Reverend Joseph Eby, Westminster Presbyterian Church, Springfleld, Illinois. Reverend Eby.

(Prayer by the Reverend Joseph Eby)

Reading of the Journal. Senator Dudycz.

Thank you, Mr. President. Mr. President, I move that readin: and approval of the Journals of Wednesday, April 13th7 Thursday, April 14th) Friday, April 15th; and Tuesday, April 19th in the year 1994, be postponed, pending arrival of the printed Journals.

Senator Dudycz moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. I Will turn over the -- the Podium to Senator Dunn for the purpose of an introduction. Senator Dunn.

Thank you, Senator Philip -- Mr. President. I have a group from -- here from Pinckneyville - the Pinckneyville Panthers. I1d llke Eo get them al1 ou* here. And I want Brad Burzynski to come up here. Where's Brad? Brad, the cosponsor of this, used to teach at Pinckneyville High School. NoW he's a Senator. I don't know if he 's in the sound of my voice. He better get up here, or we may not keep him on the amendment -- on the resolution. We have the Pinckneyville Panthers' first team; they're the Class A Champions. They have a record of 33-2. We also have the 1  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20, 1994 cheerleaders and the coaches: and I want to read just a little bit l of the resolution that we adopted yesterday. Some of you can come down here. Jay, if they... Yeah . Come -- go on down on the front here; if you'd like. Right. Around in here. HoW about -- . i get the team down there. Yeah. You .tall boys. I Want to read justalittlebitoftheresolution that we adopted yesterday. 1 It's Senate -- Joint Senate and House Resolution. WHEREAS, The Pinckneyville Panther Varslty team can be very proud of their championship season; therefore, be it RESOLVED, BY THE SENATE OF THE EIGHTY-EIGHTH GENERAL ' ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that We congratulate the ' Pinckneyville Panther varsity basketball team for winning the 1994 Class A State Champion Basketball title, commend the tean members and coaches for their talent and sportsmanship, and wish a11 of them the best in the coming years; and be it further i RESOLVED, That a suitable copy of this preamble and resolution Will be presented to each team member, the coachesr and the others mentioned in the resolution. 1 Representative Hawkins introduced them over in the House a little while ago, and weire proud to introduce them here. I'd like for Coach Corn to come up and say a few wordsz and then let's give them all a nice round of applause. Thank you.

(Remarks by Coach Corn) SENATOR R . DUNN : ' I just -- 1et's just take another minute here while Jay's getting ready to take our picturez and I want to introduce Senator Brad Burzynskl, who taught in Plnckneyville High School. That might have something to do with this championship team . Brad .

Thank you. I'm here because I did teach ln Pinckneyville' and obviously many of these young people -- I had their parents in school, believe it or not. So I1d like to congratulate them today. Congratulaticns. 2  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatlve Day April 20y 1994

Thank you. We'll get our ptcture taken herey and then Weire going to go down in the Rathskellar and have lunch. Incidentally, I graduated from Pinckneyville High School in 1933. That'd be sixty-one years ago. I don't think .any of them are still there. Thank you, Mr. Prestdent, for allowtng us to do this, and we appreciate a11 of you young people coming and we're going -- if you just go out to the left here -- or to my left. and go right to the elevator and we 'll go downstairs. Thank you.

The Chair Would now like to yield to Senator Donahue for the purpose of introduction. Senator Donahue.

PRESIDING OFFICER: (SENATOR DONAHUE) Resolutions .

Senate Resolution 1283, offered by Senator Donahue and all Members. (Secretary reads SR No. 1283) N

PRESIDING OFFICER: (SENATOR DONAHUE) ... (microphone cutoff)...really honored to have the opportunity to present to you our State Fair Queen. Every year at this time we have this opportunlty to meet one r and I 'nl sure each of you have had the -- the pleasure t.o be in my place at one time or another. No, was not a State Fair Queen, John. I thlnk a11 of us know what the duties are of our State Fair Queen and What she does and what a -- a wonderful year she has, but she is the hostess for the Springfield Fair, as well as the Duouoin F'air. She spends many hours and many days throughout the summer vlsiting each of our county fairs. The State Fair Queen is a Wonderful ambassador for agriculture and for everything agriculture means to this Skate . And it 's my pleasure to lntroduce to you Amy Rose Maguire , wbo is from Adams County and this year 's State Fair 3  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20: 1994 Queen, to say a few words. Thank you.

(Remarks by Amy Rose Maguire)

PRESIDING OFFICER: (SENATOR DONAHUE) We also have Senator Maitland, who was one of the judges. And, John, thank you for your vote of confidence for Amy Rose. Senator -- on that behalf, Senator Maitland moves to suspend the rules for the purpose of the immedlate consideratlon and adoptlon of Senate Resolution 1283. Those in favor will say Aye. Opposed, Nay. The Ayes have it. The rules are suspended. Senator -- ory Senator Maitkand has moved the adoption of Senate Resolution 1283. Those in favor, say Aye. Opposed, Nay. The Ayes have it. And the resolution is adopted. Thank you all, and God btess. Committee Reports.

Senator Raica, Chair of the Committee cn Local Governmqnt and Elections, reports Senate Amendments No. 4 and 5 to Senate Bill 1263 Be Tabled by the sponsor; Senate Amendment 6 to Senate Bill 1263 Be Adopted; Senate Amendnent 2 to Senate Bill 1491 Be . Adopted. Senator Ralph Dunn, Chair of the Connittee on State Government Operations and Executive Appointments, repcrts Senate Amendment 6 to Senate Bill 1715 Be Adopted. Senator Fawell , Chair of the Committee on Transportation, reports Senate M endment 1 to Senate Bill 1200 Be Adopted; and M endment 2 to Senate Bill 1819 Be Adopted. Senator Mahar, Chair of the Committee cn Environment and Enetgy , reports Senate M endments No . 2 and 3 to Senate Bill 1172 tabled by sponsor; Senate Amendment 4 to Senate Bill 1172 Be . Adopted ; Amendment 2 to Senate Bill 1.649 Be Adopted ; and Amendment 3 to Senate Bill 1724 Be Adopted . Senator DeAngelis , Chair of the Cofrtmittee on Revenue , reports 4  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20# 1994 i Amendment 2 to Senate Bl1l 1336 Be Adopted; and Senate Amendment No. 10 -- or, Senate Bill 1037 the motion to concur with House Amendments numbered 1, 11r 12, 13, 14, l5, 16, 17 and 18 Be Adopted. Senator Barkhausen, Chair of the Committee on Financial Institutionsy reports Senate Amendment 1 to Senate Bill 1229 Be Adopted . Senator Butler, Chair of the Committee on Commerce and Industry, reports Amendment 2 to Senate Bill 48l Be Adopted. Senator Karplel: Chair of the Ccmmittee on Executlve, reports Senate Resoluttons numbered 999 , 1012r 1111, 1112 , 1113 , 1116 r 1117, 1164 and 1262 Be Adopted ; Senate Jolnt Resoluticns 115, 133 and 138 Be Adopted; House Joint Resolutions 98 and ll6 Be Adopted; and Senate Joint Resolutions 100, 1l3 and l22 Be Adopted, as M ended; and House Joint Resolution 94 Be Adopted , as Amended. Senator Watson, Chair of the Committee on Education, reports M endment 1 to Senate Bill 1186 Be Adopted ; M endment 3 to Senate Bkkl 1.323 Be Adopted; Senate M endments l and 2 to Senate Bill 1324 Be Adopted; and M endment 1 to Senate Bill 1716 Be Adopted . Senator Hawklnson, Chair of the Conmlittee cn Judiciary, reports M endment 2 to Senate Bi11 1253 Be Adopted; Amendment 4 Eo Senate Bill 1299 Be Tabled ; M endment l to Senate Bill 1352 Be Tabled ; Amendment l to Senate Bill 1447 Be Adopted; M endment 2 to Senate Bill 1516 Be Tabled ; M endment 3 to Senate Bill 1516 Be Adopted ; Amendment 2 to Senate Bi11 1694 Be Adopted; M endment 2 to Senate Bill 1698 Be Tabled; and Amendment 3 to Senate Bill 1698 Be Adopted . Senator Maitland, Chair of the Conmlittee on Appropriations, reports M endment 2 to Senate Bill 1258 Be Adopted; M endment l to Senate Bill 1754 Be Adcpted; M endment 1 to Senate Bill 1756 Be Adopted; M endment 5 to Senate Bill 1758 Be Adopted ; M endment 3 to Senate Bill 1759 Be Adopted; M endment 1 to Senate Bill 1760 Be 5  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20: 1994 Adopted; Amendment 5 to Senate Bill 1761 Be Adopted; Amendment l to Senate Bill 1763 Be Adcpted; Amendnent l to Senate Bll1 1764 Be Adopted; Amendment 1 to Senate Bill 1765 Be Adopted; Amendment 2 to Senate Bilk :768 Be Adopted; Amendment 2 to Senate Btll 1770 Be Adopted; Anendment 1 .to 1771 Be Adopted; Amendment 2 to Senate Bill 1772 Be Adopted; Amendment 2 to Senate Bill 1774 Be Adopted; and Amendment 4 to Senate Bill 1775 Be Adopted .

Messages from the House.

A Message from the House by Mr. Rossi , Clerk . Mr. President - I am directed to inform the Senate that the House of Representatives has passed a House Jcint Resolution Constitutional M endment of the following titler in the passage of which I am instructed to ask the concurrence of the Senate, to wit : House Joint Resolution Ccnstitutional Amendment 35 . Passed the House, April -- or, April 19, 1994, by a three-fifths vote .

Mr. Secretary, have there been any notions filed?

Mr. Prestdent, Senator Molaro has filed a motion with respect to Senate Bill 1641 .

Mr . Secretary , the Chair requests tha: motion be printed on the Calendar . So ordered .

PRESIDING OFFICER: (SENATOR MAITLAND) Resclutions .

Senate Resokutton 1284 is offered by Senator DeLeo, as is Senate Resolution 1285. 6  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 I Senator Dehngelis offers Senate Resolution 1286 and 1287. And Senator Dudycz offers Senate Resolution 1288. They're a11 congratulatory or death resolutionsr Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Consent Calendar.

Senate Joint Resolution, Constitutional Amendment, 144, offered by Senator Cronin.

PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Ladies and Gentlemen, it is the intent of the Chair to go to Senate Bilts 2nd Reading, and We'll deal with those: and then we will move into Senate Bllls 3rd Reading. Top of page -- Senator O 'Daniel, for What purpose do you arise, sir?

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

PRESIDING OFFICER: (SENATOR MAITLAND) State ycur point, sir.

We have eleven exceptional young ladies here in -- in our presence today. About half of them are Pages now, and the other five or six With their chaperones are in the President's Gallery on the Democrat side. And these eleven junlor high school qirls won the eleventh place in the National Cheerleadlng Competition last December in Nashviller Tennessee. And theydre very exceptional girls and theytre from down at the Oblong High School, along With their Principal, Allen Price, and their sponsors, Karen Sweat and Donna Henry. Let's -- let's welcome them to the Illinois Senate.

PRESIDING OFFICER: (SENATOR MAITLAND) Will our guests in the gallery please rise and be recognized. And congratulations. Welcome to Springfield . Senator Demuzio, for what purpose do you rise, sir? 7  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 I SENATOR DEMUZIO: I Thank you, Mr. President, Ladies and Gentlemen of the Senate. On that same order, I had the eighth grade girls' champions from Christian County, Who Were here today, but because of the lateness of the Session., had to return. I would like to acknowledge that E they were, in factr here. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank youy Senator Demuzio. A1l right. On -- on the Order of Senate Bills 2nd Readingz top of page 2, is Senate Bill 1133. Senator Cullerton. Mr. Secretary, read the billr sir.

Senate Bill 1133. j (Secretary reads title of b11l) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.

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

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 1168. Senator... Senate Bill 1129 i - - Senate Bill 1229. Senator Fawell. Read the bill, Mr. Secretary.

Senate Bill 1229. (Secretary reads title of bill) 2nd Reading of the bill. No committee anendments. PRESIDING OFFICER: (SENATOR MAITLAND) j Have there been any Floor amendments approved for consideration?

8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslatlve Day April 20, 1994 Amendment No. 1, offered by Senator Fawell. PRESIDING OFFICER: (SENATOR MAITLAND) i Senator Fawell.

Thank . you very much. This is an amendment that has been worked on and -- with bcth the Bar Association and the Collectors' Association. It is baslcally a rewrite of the bill for licensing. 1'11 be glad to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) All right. Is there discussion? Is there discussion? Senator Fawell has moved the adoption of Amendment No. 1 to Senate Bill 1229. Those in favor, say Aye. Opposed: Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary? SECRETARY HARRY: , No further amendnents, Mr. President.

PRESIDING OFFICER: (SESATOR MAITLAND) 3rd Reading. Senate Bl11 1311. Senator Molaro. Senate Bill 1318. Senator DeLeo. Read the bill, Mr. Secretary.

Senate Bill 1318. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 1715. Senator Ralph Dunn. Senator Ralph Dunn. Senate Bill 1746. Senator Donahue. Read the bill, I 9  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ; 107th Leglslative Day April 20: 1994 Mr. Secretary.

Senate Bill 1746. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.

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

No further amendments reported.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. A11 right. Ladies and Gentlemen, we'll noW nove to the Order of -- of Senate Bills 3rd Reading . Middle of page 2. Senate Bill 481. Senator Butler. Senate Bill 1110. Senator Shadid. Senator Shadid. On -- on Senate Bl11 1110, sir? Senate Bill 1146. Senator Klemm . Read the bllly Mr. Secretary.

Senate Bill 1146. (Secretary reads title of bl11) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm.

Yes. Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate B111 1146 does two things. One, it continues what We did when We passed, unanimously, last Session on the solicitation of a child - a minor child - for sexual activities. And this -- what it does is, creates a penalty for indecent solicltation of a child for any person who arranges a situation where a sexual offense can be committed with a child under thirteen years of age. This bill allows that the charge Would lie with where the defendant solicits an adult to arrange for a -- a 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20: 1994 1 sexual intercourse: if you will, with a child under thirteen years of age. We had a case recently where a school superintendent Was found innocent because he had not made the direct arrangements with the minor itself, and had solicited with - I think there was a parent -- who was a -- a sting operation. This wculd close that loophole on the first part of the provlsion of the bill. The second provision is a attempt to make two simple and logical changes to the Criminal Code. One is that it would add concealment of a homicidal death, as well as aggravated arson, to the list of felonies that are exempted from the three-year statute of lkmitattons. It would go to unlimited ltmitations. There have been examples in Cook County where the State 's attorney was prevented from charging aggravated arson because of the statute of limitations. Even though the more -- the more -- the less serious charge of arson has no statute of linitations, and it gould just seem logical that a more severe crime should be included also . Another example of the concealment of a homicidal death situation occurred in Cook County again where a woman was murdered, and her - - the -- the husband was murdered and the woman and her boyfriend had dumped the body in Lake Michigan. The body surfaced about seven years later, and When it was identifiedr the wife confessed to the murder and was charged, but the boyfriend, who helped ' conceal and do it -- and helped in that crimez had the statute of linitations of three years, had expired, and could not be charged, and walked away from it. So that's the reason these are added to that. I think they are logical and I Would answer any questionsy and do ask for your support.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, shall Senate Bill 1146 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting ls open. Have all -- had a11 voted who -- have a11 voted who wish? Have a11 voted who wish? Take 11  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 the record, Mr. Secretary. On that question, there are 55 Ayesy no Nays, no Members votlng Present. Senate Bill 1146, having received the required constitutional majority, is declared passed. Senator Berman, for what purpose do you arise, sir? Senator Berman. A11 right. Senate Bill 1146 <sic> (1147). Hawkinson. Senate Bill 1172. Senator Raica. Read the bill, Mr. Secretary. Senator -- Senator Ratca, do you -- do you wish Senate Bill 1172 returned to the Order of 2nd Reading for the purpose of an amendment? Senator Raica seeks leave cf the Body to return Senate Bill 1172 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, -- is leave granted? Leave is granted. On the Order of 2nd Reading is Senate Bill 1172. Mr. Secretaryy have there been any Floor amendments approved for consideratlon?

Amendment No. 4, offered by Senator Raica.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica.

Thank your Mr. President and Ladies and Gentlemen of the Senate. Amendment No. 4 to Senate Bill 1172 contains compromise language between Commonwealth Edlson...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica, I'm sorry. Just a moment, please. Thank you, Senator Raica. Would you proceedy sir?

I w1l1. Qhank you. There was just a question from the -- regarding Eabling Amendment No . 2 2 -- 1 and 2, and we did that in committee: Mr. President. Amendment No. 4 is -- ls just compromlse language between Commonwea1th Edisonr Peoples Gas and CUB over the use of the word ''proveu. The parties had a problen wlth that, and what we decided to do is put the deflnition of ''prove'' within the -- within the bill. And this language defines 12  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatkve Day April 20, 1994 the word ''prove'' as to verify that the claimant Was a customer of the utility 's during the pertod of overchargesy and requires that claims for refunds be made in Writing, forns provided by the utilities. There was a mechanism at one time to refund customersr but it was just on the books and actually no procedure. And what this does is add the prccedure: and I just ask for its adoption.

PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Is there -- is there dlscussion? Is there discussion? Senator Raica has moved the adoption of Floor Amendment No. 4 to Senate Bill 1172. Those in favor, say Aye. Those opposed, Nay. And the motion is adopted. Are there any further amendments, Mr. Secretary?

No further amendnents reported, Mr. President.

PRESIDING OFFICER: (SENKTOR MAITLAND) 3rd Reading. Senate Bill 1175. Senator O 'Malley. Senate Bill 1181. Senator O'Ma11ey. Read the billy Mr. Secretary.

Senate Bill 1181. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank your Mr. President, Members of the Senate. Senate Bill 1181, as -- as amended, permits interfund loans, but requires them to be paid back with one within one year, and also allows downstate school districts to make interfund transfers. There are restrictions on the transfers. There was an Amendment No. 2 offered, which authorizes any schcol district tc abclish its fund for leasing educational facilities, and and transfer or abate any balance such funds to other school district funds. If 13  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20y 1994 there's any questions of the Body: I'd be pleased to answer them . PRESIDING OPFICER: (SENATOR MAITLAND) ! Is there dtscussion? Is there discussion? The question is, shall Senate Bill 1181 pass. Those in favor w11l vote Aye. . Oppcsed, vote Nay. The voting is open. Have a11 voted who Wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 58 Ayesr no Nays, no Members voting Present. Senate Bill 1181, having received the required constitutional majority, is declared passed. Senate Bill 1186. Senator O 'Malley. Senator O 'Malley, do you wish that -- you wish Senate Bill 1186 returned tc the Order of 2nd Reading for the purpose of an amendment? SENATOR O'MALLEY: I do, Mr. President. PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley seeks leave of the Body to return Senate Bill 1186 to the Order of 2nd Readlng for the purpose of amendment. Hearing -- is there leave granted? Leave is granted. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bï1l 1186. Mr. Secretary, are there any Floor amendments approved for consideration? SECRETARY HARRY: Amendment No. 4 <sic> (1), offered by Senatcr O'Malley. PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley. SENATOR O'MALLEY: Thank you, again, Mr. President, Members of the Senate. The original bill, as introducedr creates a new fund in the State Treasury for deposit of a11 funds under contral of the Cook County Regional Superintendent. The amendment that's before us add references to additional items that must be transferred to the State Board for -- for deposit in this fund when it -- Nhen the 1 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 State Board takes over the duties of the Cook County Regional Superintendent.

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

Yes. Will the sponsor yield?

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

Does this deal With the issue of the GED classes?

PRESIDTNG OFFICER: (SENATOR MAITLAND) Senatcr O'Malley.

Perhaps the Senator could clarify the question. Is he referrinç to GED deposkts? Yes. Those funds Would be deposited there, as I understand it. This would be for that interlm period of tlme, Senator.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Garcia. A1l right. Senator Berman.

Thank you, Mr. Prestdent. Just to elaborate on Senator Cullerton's question and Senator O 'Malley 's response: In commlttee today, the question was ralsed as to hoW the -- the issue of the GED examinations will be addressed. There is going to be a hearing -- a hearlng Monday in the Cook County Board chambers called by Commissioner Steeler at which the regional -- the acting superintendent is going to testify; State Board is gotng to testëfy. Thev're going to address thts tssue, and wetve been told ln committee that the State Baard will -- and othersr will report back to us regarding the issuance -- the issue of the coverage of GED examinations. This amendment really doesn't 15  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 address that issue at all.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. Further discussion? Senator O 'Malley has moved the adoptlon of Floor Amendment No . 4 <sic> to Senate Bill 1186. Those in favor -- they -- Aye. Those opposed: vote Nay -- or, Nay. The -- the notion -- the amendment is adopted. Have there been any further Floor amendments approved for consideration, Mr. Secretary?

No further anendments reported.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 1200. Senator Klemm , do ycu Wish that -- do you wish Senate Bill 1200 to be returned to the Order of 2nd Reading for the purpose of amendment? Senator Klemm seeks leave of the Body to return Senate Bill 1200 to the Order of 2nd Reading for the purpose of an amendment. Hearlng no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1200. Mr. Secretaryr are there any Floor amendments approved for consideration?

Amendnent No. 1, offered by Senator Klemm.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm .

Yes. Thank you, Mr. President and Ladies and Gentlemen of the Senate. I -- Amendment No. 1 tries to clarify the questions that the committee asked on the original bill. What it does is allow the township road commissioner to assist subdivisions, but only on nondedicated roads that were incorporated prior to July 23rd, 1959. Otherwise, the provisions remain the same as What the original bill wasr and I do ask for your support.

PRESIDING OFFICER: (SENATOR MAITLAND) 16  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20z 1994 Is there discussion? Senator Jacobs.

Thank you, Mr. Presidentr Ladtes and Gentlemen of the Senate. This bill's been heard in committee. It's been discussed quite a bit. I just do want to remind this side of the aisle, even though I'm going to be voting for that it is a change in procedure, and I think that it's fair that we note that - that we are going to be using tax funds from property tax to be utilized for road projects in that particular designated road. It will be turned over to the city at that timer though. And it -- it is a gcod project, but -- a good proposal. I just want you to know it is a change in procedure.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Elemm has moved the adoption of Floor Amendment No. l to Senate Bill 1200. Those in favor, say Aye. Opposed , Nay. The Ayes have it, and the amendment is adopted. Are there any further amendmentsr Mr. -- Mr. Secretary?

No further amendments reported.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 1207. Senator Watson. Senate Bill 1223. Senator Petka. Read the b11l, Mr. Secretary.

Senate Bill 1223. (Secretary reads title of bill) 3rd Reading of *he bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Thank you very much, Mr. President, Members of the Senate. Senate Bill 1223 would restore Code of Civil Procedure as it deals with sexual abuse victims to a statute of limitations which was  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 passed by the General Assembly in 1990. This deals with what is commonly referred to as the Repressed Memory Syndrome. Now, Members of the General Assembly, reasonable people can certainly disagree on the validity of this express memory. There has been a - - ever since last fallr there has been a lot of information which has been disseminated...

FRESIDING OFFICER: (SENATOR MAITLAND) Excuse me# Senator Petka. There's just simply too much noise on the Floor, and -- and some Members are having a difficult tlme hearing Senator Petka. Please give him your attention. Senator Petka.

The Chicago Tribune ran a serles of artieles after the charges were filed against Joseph -- Cardinal Bernardin, called HAfter the Eallf'y which dealt speciflcally with the controversy in the medical profession on this issue. Just Sunday, 60 Minutes ran a story about this. Public Broadcasting Systen has covered this issue also. And I mlght add, not in a favorable light. There is apparently no consensus within professions that are involved as far as the validity of this, but the purpose of my bill and -- and the Amendment No. ly which Was adoptedr has little to do with that. That's simply not the issue. What we are dealing with Was a fundamental change ln policy of the State of Illinois. That is, for the first time that I can recall, we have a civil Statute - in other Words, a -- a -- something which is governed by the Code of Civil Procedure in which we have no statute of linitatlons whatsoever. Now, there is a very fundamental policy which is at issue here, and tha: deals with why we have a sEatute of limitations. Statutes of limitations are something that We've had with us for a lcng time, and the rationale for those -- for the statute is that al1 litigation must have some certainty of terminakion so that controversies can end and the business of the 18  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 people in courts can ensue an orderly prccess and permit soclety to go on. If you want to simplify thatr it's a public policy statement, which basically ensures the continued successful operation of a system of justice. Let me just give you another example. In criminal law, one.Who is accused of a crime has an opportunity to defend himself in a timely manner. And here in the State of Illinoisr for most crimes, the statute of limitations is three years. We do that because we are going to have reliable evidence that is trustworthy to ensure concepts of fundamental fairness. In my opinion, what this General Assembly did last year - we contravened that very basic policy that we've hadr policy dealing with fundamental fairness of pecple Who may be accused of wrongdoing. Back home we had a very celebrated case of a priest in Senator Ton Dunn's district named Father Stalzer, Who was accused - with the underlying basis being this repressed memory by a faceless accuser who filed a John Doe complaint. And after months of sensational headlines and pressy the charge was quietly dropped. In my opinionr not having statute of limitations, for this or any other wrongr contravenes basic public policy and is fundamentally unfair. I believe it is an invltation for chaos within the system, and I just believe that What ue should do is return to what thts General Assembly did four years ago - just four years ago - and that is to set a reasonable standard for a statute of limitations of twelve years beyond the age of attaining the age of majority -- or -- or, the riqht to vote in this State, that -- thirty years age or two years after dlscovery, whichever is later. And, Mr. President and Members of the Senate, I urge adoption of this -- of this legislation, and will answer questions.

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

19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 Mr. President and Members of the Senate, this is an extremely sensitive subject, and I'm not going to tell you that I know that this is a bad bill. I don't know that. Psychlatry is certainly one of the least exact sciences that we know of. Children undergoing sexual abuse are able, thank God, to remove themselves from the situation going on around then at the moment, and to put into a kind of memory llmbo the experience they are undergoing. This is something we don't know a whole 1ot about. I understand Senator Petka's pcsition, and I don 't disagree with it, but I -- I don't thlnk tbat we should be leglslating in this area right now. It was only last year that we passed this bill extending the statute of limitations in the first instance, and We may decide in five or eight years that that was ill-advised. But right now I don lt think we know that it Was ill-advisedy and I would urge you to vote No on this bill until we can get sone kind of more precise information on what happens inside the human mind. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussicn? Senator Geo-Karis.

Will the sponsor yleld for question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he w111 yieldz Senator Geo-Karis.

Before your bill, lf I understand the 1aw correctly - and please correct me if I'm wrong - the laW that we have now extends *he statute to two years after the -- the person discovers the abuse. Is that what the law is now?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Senatory the 1aw currently is two years after the discovery of *he abuse, whenever that may be. 20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Geo-Karis.

Under your bill, Will you tell me exactly how yours contrasts, because I'm not quite sure I understand it? .

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka . E SENATOR PETKA : I Thank you, Senator. That's an excellent question. What we -- we're doing here is basically returning the statute of limitations, or repose, if you will, back to where it existed and was set by the General Assenbly four years ago. That is that the I personal injury actlon based upon childhocd sexual abuse may be commenced not more than twelve years after the person attains the age of eighteen yearsy or within two years after the discovery of : i the abuse.

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

i In other words, the prior 1aW of four years ago. Is that right?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka. !

If a person reached the age of thlrty years, let's say, or even thirty-five years, and didn't really discover it until he Was thirty-five years af age, would that person, he or she, be able to have an action for the abuse?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka. !

Senator, I -- with a11 deference, I simply did not hear the 21  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 last part of your question.

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

In other words, the former bills about four years agoz said that there was a twelve-year statute of limitation after a person reached the age of elghteen. Now, what if a person reaches the age of thirty-two, which is fourteen years past age eighteen, and discovers the abuse within himself - how would your bill change that?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Senator, the -- it Would operate as a statute of limitations. The statute of limitations Would run at thirty years of age. I might add, that is not uncommon. In fact, youbll find lt throughout the Code of Civil Procedure. We have statutes of linltations in most instances which do nat exceed five years.

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

I understand that, Senator Petka. And I know that there 's statute of limitation twenty-five years for radiation injuries and so forth. Howeverr what I'm concerned abouty if we were to vote for your bill, then What we would be dolng is that if anyone reaches the age of eighteen under your bill, they cannot -- they cannot do anything about this if they discover it three years after the age of eighteen. Is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Petka.

Wellr through a11 the noise, I believe that what you've asked ' 21  SQATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 is whether or not if they turn elghteen they only have two more years, and if that was your questton, the answer is Yes.

PRESIDING OPFICER: (SENATOR MAITLAND) Further dlscussion? Senator Severns.

Thank you, Mr. President, Members of the Senate...

PRESIDING OPFICER: (SENATOR MAITLAND) I'm sorry, Senator Severns. Senator Petka.

I would like to correet an answer. It was polnted out by my staff - the person would have to age thirty to be able to file that lawsuit.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. Senator Severns.

The law we worked so hard to pass that -- to remave the age cap of thirty years o1d for adult survivors of childhood sexual abuse, which became effective on January 1st of this yeary by this proposed legislationr would be in jeopardy. The sponsor and supporters of Senate Bill 1223 believe that the status of one potential defendant is more important than the rights of any adult survivor older than thlrty. The assumption is adults over thlrty are subject to psychological quackery if they haven't filed their lawsuit and are not believable as adult survivors of childhood sexual assault. This reasoning not only fails to ineorporate the dynamics of childhood sexual abuse and the amount of injury it causes to its victims. Sexual assault is a devastating, violent crime and a major public safety and public health issue. When the child is the victim , the trauma is compounded. Would hope that Members of the Senate let the legislation that we passed, that has only taken effect January 1st of this year, a chance to work, and I would urge a No vote on Senate Bill 1223. 23  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day Aprtl 20, 1994

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

Yes. Mr. President and Ladies and Gentlemen of the Senate, having sat through this dlscussion in the Judiciary Committee when we did do it last yearr and subsequently trying to follow this issue through the 1ay medla and trying to do a little bit of reading on would stand in support of Senator Petka's measure. And the reason being is# is that the minute we didr indeed, pass this bill, a flood of cases started hitting the courts. Many of them came out of work with therapists uho may or may not have been qualified to have made these deterninations. As was pointed out earlier by Senator Stern, psychlatry - the study of the mind attltudes - is, at best, an inexact science. Left in the hands of those Who may not be qualifiedr it becomes an even lesser inexact science. Unfortunatelyy we deal With suggestions to very suggestible people ehat can sometimes turn into perceptions, and perceptions then tnto realitiesr whichr in reality, are not. I think we risk, by virtue of having this law now so broadly writteny that we put really decent people, families, al1 sorts of human beingsy at risk of their reputationr in risk of having a successful family life, in risk of being able to do their daily work. It has been extrenely destructtve, and in fact, much of this cannot be proven. is -- it is so inexact that to leave this open for prosecution such a broad, broad way, think causes more grief to the public than What .we Were trying to do in the firsE place. So think Senator Petka comes at an appropriate tine with his repeal of what We may have acted too hastily on last year.

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

STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 Mr. President and Members of the Body, While you can hear khat I the rhetorical question that's being asked here today isr Why are we here and why are we revisiting this very difficult issue, 1'11 tell you Why I think we're here. We're here because We have learned a lot about repressed memory in the last year. And unfortunately, some of the victims of this repressed memory have been prominent people. Cardinal Bernardin is certainly an example. And the example that Senator Petka mentioned about a Father Stalzer in our districts, was a pillar of the community who was labeled as a -- a molester of a boyr and When it came time for trial, the plaintiff could not be found. The John Doe could nct be foundy and left of course in his wake the damage done to -- to a good, religious person. The other exampler of course, is -- is Roseanne. I don 't know if you saW on TV the other night, but Roseanne has accused her - both parents - of -- of molesting her, and on the show was her parents and her siblings. And I Will tell you that my experience as a guardian ad litem appointed by the court to represent children that have been molested in an incest situation, is that a parent does not just molest one child. It starts with the oldest girl, and then it goes to the next girlr and it goes on and on and on in thé family. It's not a case of just one person picking out. Well, these other children in that family totally denied that there was any type of conduct like this by her parents. So I think we've learned that repressed memory has become a psychiatric game with people Who are somewhat off -- off -- they got their wheels off the track, and they go into a psychiatrist's office, and pretty soon theybre believing there are UFOs, and that they've been molested , and everythkng else you can think of, and as a result: we have a 1ot of characters that are damaged, and there ought to be a limit to this.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Barkhausen. 25  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

Thank you, Mr. President. At the risk of drawing out this debate excessively long, I think that this issue does involve a balancing test, and having been last year the Senate sponsor of the House bill by which we -- we lengthened this statute of repose 1 considerably, even though I nay be said to have a vested interest in its -- in its authorship, I express a reluctance to undo so quickly that which we only brought about last year. We passed the bill that we dld last year after listening to what I thought Was the courageous testimony cf some victims of childhood sexual abuse that had happened a number of years ago that Were willlng ta ccne forward before our Senate Judlclary Committee and testify as to thelr -- to their experiences and to the fact that -- that they had suffered from this Repressed Memory Syndrome, and that is Why they hadn't come forth earlier to tell -- to tell the tale of What had happened to them . So I thlnk that there are -- are certainly going to be some painful and fraudulent claims out there, of Which we've seen obviously a celebrated one within the last year. I would hasten to add, however, that that -- that those allegations weren't made under any -- any Illinois law. So there's no -- no particular reason to be changing Illinois law on -- as a result of what happened in the Cardlnal Bernardin case, but rather would say that we are -- we are attempting to afford a remedy to those who would otherwise be denied it in a situatlon where I feel it -- it needs to exist and needs some time to work. And so I would urge opposltion Eo Ehls measure.

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

Well, thank you again, Mr. President and Members of the Senate. Any time we hear words dealing with childhood sexual 26  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 abuse, rights being violated, other types of words which carry considerable pclitical baggage, there is a reluctance. There is a reluctance to perhaps discuss these ln -- in the manner in Which they should be dealt with. Just four years ago, one of the speakers on the other side of the aisle sponsored leglslation which set in place the fact that the statute of limitations should be thlrty years of age. We ehanged that last year in a presentation in the Judiciary Committee in Which we had a I one-sided presentation. And I aîree with Senator Barkhausen. A very -- some very courageous people came before that committee and testified as to trauma that they believe they had experienced in their lifer but what I'm suggesting to the Body is that that is not the point that is under discussion today. We're not talking about taking away people's rights. The statute that ke put in place four years ago cn a consent -- orr on an agreed bill list prcvided a renedy to adults up to the age of thirty years. Thirty years old to file lawsults. Less than three years laterr the same people who came in and thought that thirty years old -- that thlrty years of age was sufficient. came back and said, ''No, we want to have no statute of limitations.'' And that's what we have right now. None. Xou could be eighty years o1d and accused of wronqdoing on something that occurred seventy years ago. And how in the world, on the planet -- how can you possibly defend against I something that occurred seventy years ago? And that is the underlying policy of the statute of llmitations that We have in thls State, whether it's crimlnak or civil. That justice cuts b0th ways. A11 I'm asking ls -- is -- and Wha: other Members have - - have stated here is to return what we put in place just four years ago. Wedre not going to be shcrt-circuiting the process. We 're not debating the ups or downs of the repressed memory. T may have strong feellngs one way or anothery but that's irrelevant to the central issue here of the statute of limitations. We 27 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 should not -- it is poor public policy to have no statute of ! limitations on any offense, other than murder, in this State . And ' for those reasons, I would urge your Aye vote. I , PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate Bill 1223 pass. Those ln favor will vote Aye. Opposed, vcte Nay. The voting is open. Have a11 voted kho wish? Have a1l voted Who wlsh? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 33 Ayes: 18 Nays, 4 Members voting Present. Senate Bill 1223, having received the required constitutlonal majorityr is declared passed . Senate Bill 1228. Senator Geo-Karis, for what purpose do you arise? SENATOR GEO-KARIS: Mr. President, Ladies and Gentlemen of the Senatee on a point of personal privilege. Today we've been celebrating in the rotunda the various high schools and the productions in Tech 2000, and I'm very privileged to lntroduce for this Body's commendation Mr. and Mrs. Ruth Davis -- Jay Davis - theydre teachers; Stephanle Richards, Jackie Cartwright, Dawn Smith - students who participated from Zion -- Zion/Benton area. And I'd like you to welcome them. Theylre sitting in our President's Gallery. PRESIDING OFFICER: (SENATOR MAITLAND) Will our guests in the gallery please rise and be Welcomed by the Senators. Welcome to Springfield. Senator Cronin, on 1228. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 1228. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin. SENATOR CRONIN: 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20y 1994 Thank you, Mr. president, Ladies and centlemen of the senate. senate Bi11 1228 was a bill that senator Topinka had been ' carrying, and z assumed the responsibility of the chief sponsor. This bill amends the orug Paraphernalia control Act to prohibit pcssession of drug paraphernalia with the intent to use it as such. The penalty is a Class A misdemeanor with a minimum fine of seven hundred and fifty dollars. Important point bere is that this bl11 dces not change the definitlon of drug paraphernalia. I ask for your favorable vote. FRESIDING OFFICER: (SENATOR MAITLAND) . i Is there discussion? Senator Cullerton.

Yes. Would the sponsor yield?

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

Senator, with the -- the understanding that there might be a constltutional challenge to this billr I wondered if you could just give ne a little background on the -- on the bill. Right now we have a Statute dealing with drug paraphernalia that prohibits the sale or delivery of drug paraphernalia, as I understand it. Is that your understanding?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin.

Yes.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton.

Soy I guess the -- the issue is, if we're going to make it against the law to possess something with an intent to use it, we have to -- sonething which in and of itself is not against the 29  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 law. In other vords, you could have a spoon that -- which can i have dual functions. One, it could be a drug -- used as drug paraphernalia; another, it could be used for a legal purpose. So I guess the -- the question's going to be whether or not this bill is too vague, and does it give a nember of the public a notice as to what is -- what is the criminal offense. So if you could just give me an indication as to what would be utilized by the judge in determininî what the intent or the future intent of the possessor of the item -- what indicia would the judge look to in trying to determine khis? PRESIDING OFFICERJ (SENATOR MAITLAND) Senator Cronln.

Thank you. Senator Cullerton, first, in response to yaur -- your questions: As you well knowr there are other criminal Statutes that prohibit pcssession with intenty and ln this case, I think the intent of the legislation is ta look at drug paraphernalia that may have residue. There may be residue present, or the drug paraphernalia may be located in close proximity eo the drug itself. I think that the lntent must be clearly established. And as you knowr there would be a burden to prove what that intent is, and the defendant, of coursey Would have the opportunity to show that there was an intent for some other purpose. But that -- that's -- that's my intent with respect to this legislation.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton.

And the bill would be using the eurrent definition of drug paraphernalia as we find it in the Criminal Code?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin. 30  STATE 0F ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 1 SENATOR CRONIN : Yes. Absolutely . PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Cronin, to 4 . I close. . i SENATOR CRONIN: Yes. I just ask for ycur favorable roll call. PRESIDING OFFICER: (SENATOR MAITLAND) The questlon is, shall Senate Bill 1228 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have al1 voted whc Wish? Have all voted Who wish? Take the record, Mr. Secretary . On that question, there are 58 Ayes, no Nays, no Members voting Present. Senate Bill 1228, having received the required constitutional majority, is declared passed. Senator Carroll, cn... Yes. Senator Carroll, do you wish Senate Bill 1253 returned to the Order of 2nd Reading for the purpose of amendment? senator Carroll seeks leave cf the Body to return Senate Bill 1253 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave ls granted. On the Order of 2nd Reading is Senate Bill 1253. Mr. Secretary, are there any Eloor amendnents approved for consideration? SECRETARY HARRY: Amendment No. 2, offered by Senator Carroll. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Carroll. SENATOR CARROLL: Thank you, Mr. President, Members of the Senate. The Judiciary Committee today unanimcusly approved an amendment that clarified two things. One is, in the existence of a hate crime for which comnunity service ls the appropriate remedy, that it shall be the -- the court shall order community service if there is an established program in that community. Secondly, that if we 31 !  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 are going to deny the ability to get parole or probation on a second felcny offense, it will only happen if the institutional vandalism of the underlying crime exceeded three hundred dollars, ! and I would move adoptkon of Anendment No. 2.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Is there dlscussion? Is there discussicn? Senator Carroll has moved the adoption of Floor Amendment No. 2 to Senate Bill 1253. Those in favor, say Aye. Opposed, Nay. The Ayes have it. The anendment is adopted. Mr. Seeretaryz are there any further amendments approved for consideration?

No further amendments reported.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading . Okay. Senate Bill 1274. Senator Watson. Senator Watson, do you wish to return Senate Bill 1274 to the Order of 2nd Reading for the purpose of amendment? Senator Watson seeks leave of the Body to return Senate Bill 1274 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading ls Senate Bill 1274. Mr. Secretary, are there any Flcor amendments approved for consideration?

Amendment No. 1, offered by Senators Watsonr O'Malley and Berman.

PRESIDING OFFICER: (SENATOR MAIQLAND) Senator Watson.

Yes. Thank you, Mr. President. This is the legislation we were debating yesterday. Senator Berman asked me to take this out of the record so that some of the Members could read the amendment and get an idea of really what -- the content of the amendment. So we concurred kith thatr and now we are here once again debating 32  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 the amendment. This is the Chicago Learning Zone Commission and the task force that Ne established last year to submit i reccmmendations to the General Assenbly in regard to the Chicago Learning Zone concept. These -- this amendment on Senate Bill 1274 contains those recommendaeions. This creates the -- : Chicago's Learning Zone Commissionr uhich will review petitions I for learning zone status. They will approve those petitions and would report any statutory waivers requested in the petition. The Commission would consist of seventeen members: the Governor; the State Superintendent; the President of the Chicage School Board; the Mayor; nine gubernatorial appointeesy with the advice and consent of the Senate, and of those niner two would be from the Chicago Teachers Union, two from the Chicago school unions -- other Chicago school unions, one princlpal from Chicago, two members from the local school councils, and tWo from community organizations; and then one member each appointed by the four legislative leaders. The criteria ls spelled out in the amendment for becoming a learning zone school. I Won't necessarily go through all of the criteria, but it is established by the amendment. There are certaln limitakions. There's some non-waivable mandates, which include student civil rights, collective bargaining agreenents, Freedom of Information Act, Open Meetings Act and other provisions. The Commission then would report on the -- with the General Assembly on May 1st and October 1st, the descrtption of the various waivers. There Would be budgetary practices established. And the bill Nould become effective immediately. Be glad to answer any questions, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Watson moves the adoption of Floor Amendment No. 1 to Senate Bill 1274. Those in favor, vote Aye. Opposed, Nay. The Ayes have ik. The 33  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20, 1994 amendment is adopted . Are khere any further Floor amendments approved for consideratlon, Mr. Secretary? SECRETARY HARRY: No further amendments reported. . PRESIDING OEFICER: (SENATOR MAITLAND) 3rd Reading. Senator Trotter, for what purpose do you arise: sir? SENATOR TROTTER: Good afternoony sir. For a point cf personal privilege. PRESIDING OFFICER: (SENATOR MAITLAND) State your point. SENATOR TROTTER: i I would like to take this opportunity to just present to the Body the class -- the sixth grade class from Schmidt Elementary School, who are down here visiting us today in Springfield. We I have with them their instruetorsr Mr. Colvin and Mr. Hardaway. I ! And we Would like for everyone to say hello to them. PRESIDING OFFICER: (SENATOR MAITLAND) Our guests in -- our guests in the gallery please rise and be recognlzed . Welcome tc Springfield. Thank youz Senator. Senate Bill 1299. Senator O 'Malley. Senator O 'Malleyy on Senate Bill 1299? Read -- read the bill, Mr. Secretary. SECRETARY HARRYJ Senate Bill 1299. (Secretary reads tttle of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley. SENATOR O'MALLEY: Thank you, Mr. President, Members of the Senate. There's an existing 1aw that provides that a person who possesses an instrument or device designed to openr break into, tamper with or I 34  STATE OP ILLINOIS 88TH GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20e 1994 otherwise damage a coin-operated machine will be guilty of a Class A misdemeanor. What this bill does is create a civil cause of action in the owner, and permits them to bring a civil eause of action agalnst anyone who is -- is convicted of vlolating that Section, and -- and in doing so may recover treble damages, . reasonable attorney 's fees, and costs. PRESIDING OFEICER: (SENATOR MAITLAND) I Is there discussion? Is there discussion? The question is, shall Senate Bill 1299 pass. Those in favor will vote Aye. Oppcsedy vote Nay. The voting is cpen. Have al1 voted who wish? Have all voted who wish? Have all voted Who wish? Take the i recordr Mr. Secretary. On that question, there are 58 Ayesr no Nays, no Members voting Present. Senate Bill 1299: having received the required constitutional majority, is declared passed. Senator Watson, on Senate Bill 1223? Senator Watson, do you wish Senate Bill -- I'm sorry, Senate Bill 1323 returned to the Order of 2nd Reading for the purpose of an amendment? Senator Watson seeks leave of the Body to return Senate Bill 1323 to the Order of 2nd Reading for the purpose of amendment. Hearing no objectiony leave is granted. On ehe Order of 2nd Reading is Senate Bill 1323. Mr. Secretary, are there any Floor amendments approved for consideration?

Floor Amendment No. 3, offered by Senator Watson.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

i Yes. Thank youy Mr. President. This now becomes the -- the bill. This was the legislation dealing With technology grants and capital improvement grants. We had a bonding authcrity here for about two billion dcllars; one billion of it would have gone into capital improvements, one billion into technology. That is no i 35  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20: 1994 longer a part of this legislaKion. We still want to move forward with that kind of a concept, and that kind of thinking, but we realize that the economic conditions don't dlctate at this particular time. Ifr at a future date, there's a revenue source that makes itself available to be able to retire those bonds, then we Want to revisit this issue. But this amendmentr then, now guts the legislation and now becomes the bill. It establishes a priority of school construction projects for the State Board of Educationy and creates language by whlch those priorities Would be established. And it there's six different priorities. would be, one, replacement or construction of a school building destroyed by damage by flood, tornado, fire, earthquake or other disasters, either man-nade or produced by nature. And would -- second priority would establish the districts experiencing a short shortage of classrooms due to population growth. The thlrd would be one which involved districts -- reorganlzation of districts. Four is the compliance with possible ADA mandates. Five is replacement or construction of school facilities which are determined to be severe, or continuing health safety hazards. And then other -- number six would be other unlque solutions to faciliky needs. This noW becomes the btll, and I would ask for the Membership's approval.

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

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

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

Senator: I think the list of priorities is a good oner but have a question about the first priority category. And my -- my question is, we have had several instances where we have had 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 disasters strike schcols, and elther through tornado or otherwise, that school is destroyed. When we have given aid to rebuild those schoolsr many of us have urged that that's okay the first time, but there ought to be insurance coverage for the replacement the . next time. And I'nl concerned that ycu -- perhaps in setting these i categories, have nct taken into aacount the fact that for category number one you ean obtain insurance that --- that cught to provide for the replacement coverage , and for the other categories maybe ought to be hlgher up the list, and it ought to be really a last resort: that a schcol comes doWn here asking us to batl them out where there's been a fire or a natural disaster Which could have been insured aqainst. And I think cur public policy ought to be to encourage a11 schools to have adequate replacement insurance for their buildings.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson.

Yes. Thank you. That's a point Well-taken. I Would assume - and certainly prudent management would dictate - that local school boards would insure thelr property. I'm not sure how we Would establlsh khat in the -- the legislation, but we -- What Ne're doing here -- and I -- I would agree; I have problems even sometimes when people come in and ask us to replace facllities due to a natural disaster. But surely insurance would -- certainly ought to be a requirement.

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

Thank you, Mr. President. I just Want to share with the Members on the Floor the discusston that we had in committee. I I think Senator -- Senator Hawkinson's point is a good one, and I was alsc having discussions and may file an amendment to do what I 37  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 We have traditionally done on if and when there 's money available for the construction, that'd be seventy-five/twenty-five split between downstate and Chicago. We'11 be carrylng on discussions about that issue, and wesll be back to the Floor. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Senator Watson moves the adoption of Floor Amendment No. 3 to Senate Bll1 1323. Those in favor, say Aye. Opposedx Nay. The Ayes have it. And the amendment is adopted. Are there any further Floor amendments approved for consideratlonr Mr. Secretary?

No further amendments reported.

PRESIDING OFFICER: (SENATOR KAITLAND) 3rd Reading. Senate Bill 1324. Senator DeAngelis. Do you wish that do you wish Senate Bill 1324 returned to the Order of 2nd Reading for the purpose of amendnent? Senator DeAngelis seeks leave of the 3ody to return Senate Bill 1324 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Readlng ls Senate Bill 1324. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No. ly offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Amendment No. l to Senate Bill 1324 is the bill that allows school dis*ricts that are financially distressed to issue bonds under certain conditions. First of all, the distrlct must have had a referenda that was rejected in the last election; the debt of the district exceeds the statutory 38 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 107th Legislative Day April 20, 1994 I rate; the state aid has had to declkne by twenty percent over the last three years; and the district has levied at the maximum rate. But in order to do so, the district must agree that for every I dollar of bonding, they must, in factr reduce the budget by -- for a dollar. And they nust also accept a Wage and salary freeze -- wage and salary expense freeze for the entire period of time in ! which they are in the deficit position. Now, I'd like to put thks amendment on. There is a technkcal anendment that clarifies i legislative intent that Wi1l be following, but this is the amendment we adopted in conmittee this morning. Be happy to answer any questions. : PRESIDING OPFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator DeAngelis moves the adoptionofFloorAmendment No l to Senate B(ll 1324. . 1 Those in favor, say Aye . Opposed, Nay. The Ayes have it. And the amendment ks adopted. Are there any further Floor amendments apprcved for consideration, Mr. Secretary? sscnsœaayuanRv, 1 Amendment No. 2, offered by Senator DeAngelis. PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis, on Amendment No. 2. 1 SENATOR DeANGELIS: ! I Amendment No. 2 is -- uas requested by the State Board. This ' bilt -- the substantive part of the bill, prior to belng amendedy deals with the transfers of dollars from the State Board. Thls bill satisfies -- satisfie: the paranoidal concerns of khe 1 regional superintendents. E PRESIDING OFFICER: (SENATOR MAITLAND) , Is there discussion? Is there discussion? If notr Senator DeAngelis moves the adoption of Floor Amendment No. 2 to Senate i Bilk 1324. Those in favor, say Aye. Opposed, Nay. The Ayes have : it. And the amendment is adopted. Are there further Floor 39  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 amendments for considerationz Mr. Secretary? I

No further amendments reported.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senator DeAngelis, for what purpose do you rise? SENATOR DeANGELIS: Senator Maitland, I'd like to leave this on 2nd so I could put the technical amendment on. No? (

PRESIDING OFFICER: (SENATOR MAITLAND) No. No. 3rd Reading, Senator. Senate Bl1l 1336. Senator DeAngelisy do you Wish Senate Bill 1336 returned to the Order of 2nd Reading for the purpose of amendment? Senator DeAngelis seeks leave of the Body to return Senate Bill 1336 tc the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1336. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Berman.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Bernan. SENATORBERMANI 1 Thank your Mr. President. If you recall, the other day Senator DeAngelis was kind enough to pull this back frcm 2nd Reading, I think -- orr 3rd Reading -- 2nd Reading, because of an error in drafting of an amendnent. This is the corrected amendment, and what we do on assessed -- on appeals regarding real estate tax assessments under this amendmenE, we indicate tha: the taxpayer has the burden of proving by clear and convincing evidence a gross overassessment as set out ln the previous Section. So that what we have done here is to spell out the -- the burden of proof and Ehe standard thak must be proven in these 40  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 i appeals processes. There have been questions raised, by Senator Hawkinson in particular, regarding the applicability of this ; language. And we get into a very detailed and -- and technical discussion regarding evidence and burdens of proof. And 1et me 1 - I indicate that we are going to be talking further With the expertsr u if this bill moves to the House. It -- even this language is substantially better than the -- the facts and the burden and the proof that's involved under a recent court decision dealtng wtth Pord Motor Company. The Ford Motor Company case puts the 1aW in a posture that no taxpayer ls going to be able to prove that the assessment is wrong. But the -- this will alleviate that burden that cannct be overcome, and I think it's an improvement. I Would be glad to respond to any questions. END OF TAPE TAPE 2 I PRESIDING OFFICER: (SENATOR MAITLAND) . .. tnachine cutoffl...discussion? Senator Dudycz. : SENATOR DUDYCZ: Thank you, Mr. President. A question of the sponsor, please. PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Dudycz. SENATOR DUDYCZ: Senator: could you just explain one more time: Currently we -- the -- in the appeal, the taxpayer must show constructive fraud. Is that correct? And under Senator DeAngelis' original legislation: it would be based upcn a preponderance of the evidence. How are you changing it from preponderance of the l ! 41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20, 1994 evidence, and what's the language agatn?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman.

Thank you. The -- the taxpayer -- preponderance of the . evidence - that amendment was taken out. That -- that's not in khe btll anymore. This says that the taxpayer -- I6m -- 1611 quote it. Quote: ''Nhe taxpayer has the burden of proving, by clear and convincing evidence, gross overassessment...''

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.

I guess my -- ny problen is: how would you define ''gross overassessmentn? Are we talklng about percentages, or how would soneone know what gross overassessment means?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman.

One of my colleagues says overassessment is always gross. That's not -- that's not the definition . For the record, tbat's not the definition . Let me give you an answer this way: You îll never prove, or virtually never prove, constructkve fraud. This language that's been developed with the Assessor of Cook County and our staff - your staff and our staff - establishes a gross overassessment as the standard for lowering your assessment. What is gross? I can't tell you. If it's five percent, probably not. Two hundred and ftfty percent? Certainly. Something in between? The courts Nill determine. I -- I can't give you a more -- nore specific response.

PRESIDING OFFICER: (SENATOR MAITLAND) Just to interrupt debate for a moment. Illinois Information Services request pernission to videotape April 20th, 1994. Is 42  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20, 1994 1 leave granted? Leave ls granted. Further discussion? Further discusslon? Senator Hawkinson.

Thank you, Mr. President. In my opinionr the previous exchange illustrates the deflciency that still exisks in this amendment. I don't quarrel that this is an improvement over the language that we talked about before. I think it is. But the reason that the deficiency exists is I think we're looking at the wrong kind of burden of proof, and I've discussed this With Senator Bermanr and I agree that there Nill probably be further discussions and further amendments on this bill if it proceeds to the House. The ccurts are ill-equipped, as are We, to answer the question of whether there ls ar quote, ''gross disparity cr an overassessment''. The determination properly belongs, for downstaters, with the State Property Tax Appeal Board as the final arbtter over the boards of review and the assessor, who are the experts who handle these things al1 the time. I concur With the thrust of the btll. ï agree that We need to nake it more possible for a taxpayer to challenge - for Want of a better term - a gross overassessment; hawever, I don't want to turn the courts into a venue of first resort where every tine you lose, you take your case to court and you try 1t a1l over again and you really burden the State's attorneys and the circult court with this process that properly belongs with the system. So I -- I continue to -- to urge that a further amendment or a future amendment adopt the Standard that we use elsewhere in the Administrative Revlew Act, whethgr it's the review of the Industrial Coimission decisions or the review of most other administrative decisionsy which is really What we're talking about here. And that Would be the standard of - - that the declsion was either arbitrary and capricious, or it was against the -- the manifest weight of the evidence, which gives a strong presunption to the -- the hearing of the experts, l 43  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 but that in some cases, can get then overturned . So I think the I ! amendment goes part of the way, but I still think tt doesn't solve the problems of this bl11. And I would hope that before thts reaches the end game, that we deal with the question of the proper deference to the administrative body. '

PRESIDING OFFICER: (SENATOR MAITLAND) Furtherdiscussion? SenatorKlemm.

1 Well, thank you, Mr. President. I think Senator Hawkinson certainly expressed what I was going to say. But whyr Senator Berman, did we use the gord ''gross'' overassessment? Then obviously that -- that confuses the issue, it seems to me. For the -- for the homeowner or the property owner Who is trying to prove its case, I think wedve created another barrier for -- for our taxpayer to --toappealthat. Why--whycan'tWechange 1 that in the amendment? Why must we even use that word, ''gross'' overassessment?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman.

Keep in mind that what We're dealing with here... Senator Klemm. Keep in mind that what we're dealing with here is the thlrd or fourth stage of an appeal process, and this -- this language -- and I don't dlsagree with what Senator Hawkinson said, but the -- the point is, thls language is probably easier for a taxpayer to prevail With than What Senator Haukinson is suggestlng. What -- what we are saying is that when you get down to the third or fourth level, khere should be a big issue involved - a big dollar amount involved, not a nickel-and-dlme item . It should be that you've really been grossly overassessed, not just any overassessment. So that this is -- this ls resclved at the earlier levels - the assessor's levelr the board of appeals, the 44  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 j Property Tax Appeal Board - not in the courts. And this is Why we've used the word ''gross''.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Klemm. SENATOR KLEMM: ' Well, it's -- itîs kind of ironic, thoughr that we in the General Assembly -- ktnd of tndicates that we should have equallzation factors when we find unfair assessments between counties in the State of Illinois. We don't say that counties have to be grossly under or overassessed before we apply a nultlplier or an equalizer. And We also allow counties to do that assessment equalization between townships, and againr We don't say that it must be grossly or -- or ungrossly, if you will, under or overassessed before we apply a standard of equakity. So I -- I guess I disagree: and say that it must be such a hardship. Finally wefll give the taxpayer some reliefr but in the meantime it's too bad: taxpayer, if it wasn't a gross overassessnent. I would think our -- Mr. President, our -- our Chamber should look at the fairness and equity, irrespectlve, I guess, of a certain amount af percentage of -- of human error of assessments, 'cause lt is a subjective practice, at best. But I think to have it grossly overassessed and if it's a little bit less than grossly or obscene, then go ahead and pay it, even though it's unfair. So, I do have questions about that.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Furtber discussion? Senator Berman, you wish to close on the amendment?

Thank you. I Nill make a gross understatement. This language isn't perfect, but I think it's -- it's better than what we have. Let's move it along, and I think we Will be able to inprove it as we -- as we move it along. I move the adoption of Amendment No. . 45  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 2. I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman has moved the adoption of Floor Amendment No. 2 to Senate Bill 1336. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adcpted. Are there further Floor amendments to be approved for consideration, Mr. Secretary?

No further anendments reported.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senate Bill 1344. Senator Sieben. Read the bill, Mr. Secretary.

Senate Bill 1344. (Secretary reads title of bill) 3rd Reading of the blll.

PRESIDING OFFICER: (SENATOR MAITLAND) Just a minute, Senator Sieben. The -- the Freeport Journal-standard has request leave of the Body to -- permission of the Body to -- to photograph. Is leave granted? Leave is granted. Senator Siebenr on Senate Bill 1344.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1344 creates the Gamblin: Right to Vote Act: and it places on -- the following statewide advisory referendum on the ballot in the 1994 general election asklng this question: nShould the General Assembly give the voters of *he Sta*e of Illinoistherighttovote by statewide referendum before the 1 introduction or expanston of gambling within this State, kncluding gambling riverboats, bettlng parlors, slot machines, video lottery terminals, and land-based casinos?'' In 1986, the people of Chicago voted on the question: Should legalized gambling be permitted in nonresidential areas cf the City of Chicago? Over 1 46 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SEXATE TRANSCRIPT 107kh Legislative Day April 20, 1994 fifty-seven percent of the people in Chicago said No. In 1992, in Jo Daviess County, three -- three questlons on the prlmary ballot were asked about gambling. Eighty percent of those voting oppased the expansion of gambling in Jo Davless County. In 1992, in Henry Ccunty - my home county - the citizens Nere given the right to vote on the question of gambling, and eighty-five percent of the people of Henry County voted that the cltizens should be given the riqht to vote on the question. On March 15th, this year's primary, in eleven communities and three counties vcted eighty percent ''Yes'' when asked the question: Should the citizens be given the right to vote pricr to the introduction or expansion of gambling? So, Mr. President and Ladles and Gentlemen of the Senate, in view of the current dlscussion about increasin: the number of gaming licenses in Illlnois, I believe it is appropriate to give our citizens the right to vote on the issue, and invite the public into the process. Be happy to answer any questions. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. One question of the sponsor, and then a statement, if -- if I may. Wi11 the sponsor yield? PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield: Senator Jacobs. SENATOR JACOBS: Senator Sieben, on behalf of the Lottery portion of the bill - and yau kalk of expansion of the Lottery - are we Ealking in Ehat case of new Lottery sites, neN -- neW Lotto sites and also frcm the standpoint of new Lotto games, or Ls this just some other sort of expansion? Could you explain that portëon? And then I just have a statement thereafter. PRESIDING OFFICER: (SENATOR MAITLAND) 47  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20: 1994 senator Sieben. i

It would nct apply to the current Lottery ticket sales that we're using in the State where various games are changed to promote the sales of Lottery tickets. But if your question refers to the expansion into vldeo lottery games or different types of gaming, then the referendum question wauld apply.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Let me ask that in another way. Currently, as an example, we may have a game that calls for tbree sevens; we're going to change that to a tic-tac-toe game . Under your legislationy would that still be -- would the -- would the Lottery Department still have the abllity to do that, or Wculd they not?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

Yes, the Lottery Department would have the ability to do that.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Thank you. Just to the bill, I guess: I've talked to Senator Sieben; I appreciate the efforts that he's trying to do. 1, for one, will either vote No or Presen: on this bill for two reasons. Number one, I think that if We do this in November, mos: of our expansion will be done, if there is to be any expansion. So We 'll be talking about some moot points. But on the other hand, 1, for one, just happen to be -- when it comes to these type issues, a true canstitutionalist, and believe that wedre a representative form of sovernment. I don't believe in governnent by referendun. I have tndicated that to Senator Sieben. He indicated it may be i 48  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 econcmical; it may be gcod politics; and it may be gaod government; and I agree with him on everything, accept I don't think it's good government. But whatever thks Body decldes to do , I just wanted to get that on the record. And if -- if it does pass, then the people will have thelr say; if it doesn't, then I think government will be restored. Thank you .

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Raica.

Thank you, Mr. #resident. Question of the sponsory please.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he wikl yield, Senator Raica .

Senator Siebeny are we saying here that -- let's just say a specific communtty. Let's just say, like, in my area, two of my communities have put in application for riverboats, one of Which was Willow Springs and the second, which was Palos. NoW Would this referendum be locally or would they be voting on it statewide? In other words, let's just say they wanted to place a riverboat in my speciflc district. You're telling me that the people from Charleston and everyplace else would be able to vote on whether that would happen or not?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

Yes. Under the proposal on this legislation, it would require a stateuide referendum before we cauld expand any more gaming licenses for boats or to add any other types of -- of legalized State-sanctioned gambling.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Raica.

49  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20y 1994 Senatorrdlesthis -- areChurches included in this,as faras 1 i bingo and -- and - what's the other thing that they play - the Las Vegas nights? '

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben. '

First, 1et me add that thls -- this referendum is advisory only. It's not a blnding referendum. And secondly, the churches already have authorlty under our current Statute to have games of chance and bingo nights currently.

PRESIDING OFFICER: (SCNATOR MAITLAND) Senator Raica.

I know, Senator, but, you know, I guess I'm just trying to get to a point here. In other words, the -- when it cane to -- to binqo or Las Vegas nights, which is technically gambling: per se, as far as the churches are concerned, that Nould not be included in this, but just if the State decided to adopt gamblin: or expand on gamblinq statewide, the -- thls would be on the -- on a refesendum . Correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben. Purther discussion? Senator Jones. I$m sorry, Senator -- I'm sorry, Senator Raica. I thought you were finished. Senator Raica.

Thank you/ Mr. President. Then just to the bill, if I may, Mr. Presldent: This is obviously a prêtty tolgh Votz for any Member that slts on either side of the aisle here: because a 1ot of the Members herer such as myself and maybe a feW others, and Denny Jacobs, will say I was one of the deciding votes when riverboat gambling first came up, because I thought it was a very good idea. And a lot of these boats bring in fourteen million dcllars a 50  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 month. Another one brings home about ten, maybe about eight mlllion a month to the State and to local communitles. And my gut issue says it's -- it's not a bad idea. It's good money to the State on a statewide level, and it's very good locally. However, this bill here is actually going to be a no-win situatlon for -- for anyone who decides to vote for it or against us -- I meanr against it. If you vote against it, youdre almost like allowing people from your community the opportunity to have a voice in -- in -- in what goes on daily in the State of Illinois. And if you do vote for it, you lre almost telling your fellow colleagues that if this were actually a blnding referendum , that there 'd probably be nc possibillty, possibly, of gambling in the State of Illinois. So purely on a political basis, this is a pretty one -- tough -- you know, pretty tough bill to vote against, and unfortunately , I'n going to have to be voting Yes.

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

Yeah. Thank you, Mr. President. Would the sponsor yield?

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

Senator Sieben, in the communities of Joliet, Alton, Rockford, will they be voting on this referendum as relate to the expansion of gaming in Illinois?

PRESIDIHG OFFICER: (SENATOR MAITLAND) Senator Sieben.

Yes, the legislation calls for a statewide referendumr so those people that vote in the November election will have an opportunity to vote on the question.

PRESIDING OFFICER: (SENATOR MAITLAND) 51  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 i Senator Jones. I

Isn't it conceivable for those communities Who have -- currently have riverboats -- isn't it conceivable that they Would like to keep the limit at ten so that no expansion is necessary, and they, in turn, will continue to enjoy the economia benefits of gaming in their community?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

Yes, it would be pcssibte that that uould be a reason for their vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones.

Well, for that reason -- I Was one of those persons who recognized the profitability of gamingr and I was one of those persons who voted for it, when it originally passed. And I voted for it, even though I did recognize that Cook County was excluded, even though I wanted Cook County included. Now: to -- to bring this type of referendum before the Body and *ry *o -- under one guise, say -- saying that the people should vote. Now, if this referendum were to be one way 1n, lt would repeal the existing riverboat license, then I could see you pushlng that. But to have communities, be it Alton, be it St. Louis, be it -- be it Rockford, be it -- not Rockford, Rock Island, be lt Peoria and Joliet, vote on a referendum to deny the City of Chicago, Eo deny the County of Cook, the opportunity to have gaming , 1 think itfs a very, very selfish and a cleverly designed nove to keep riverboats from the County of Cook. And as it relate to the constituentsr I think in a representative forn of governnent, the people elect us to make decisions. This is not California. This is Illinois. And 52  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20: 1994 I feel, in fact, quite confident it's not a polltical issue. I feel that the people have elected us to make a intelligent decision on this issue. But if you're going to play silly State politics and try to deny the people of Ccok County What the resk of the State already has, then I donft thlnk this -- this measure should pass. And in a representative form of government -- the issue came up in ny district, and I told the people in my district, before the primary, that I was in favor of expansion of gaming to Cook County. And I got one hundred percent of the vcte.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Geo-Karis. I'm sorry, Senator Geo-Karis. Senator Sieben.

I'd like to respond to the previous speaker, just briefly, on the issue of referendum . And I did serve in the House for six years prior to coming to the Senater and I did not support the gaming legislation that was in the House at that time. And the issue of referendum was discussed, and by those of us who opposed the introduction of gamlng legislation in Illinois. We fought hard for the questlon of local referendum being included. We Worked with Senator Jacobs, and there were several things that we felt should have been lncluded in those, similar to provisions that gere in -- in the Iowa gaming law. And the good sponsor and whatever happened in the flnal stages of that legislation, as he said in his own remarks, inadvertently - inadvertently - left certain things out of that gaming legislation. So we have been fighting, Senator Jones, Erying to have a referendum provësëon in Illinoisd gaming laws since it was ever introduced in the late 1989.

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

53  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20, 1994 Mr. President and Ladies and Gentlemen of the Senate, will the -- the spcnsor yield to a question?

PRESIDING OFFICER: (SENATOR MAITLAND) He indicates he will yield, Senator Geo-Karis.

My understanding is that your bill says that the General Assembly should give voters the right to vote by statewide referendum before the introduction or expansion of gambling wlthin the State. Is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

Yesr it is.

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

And ycu say that's an advisory referendum. Is that correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

... tnicrophone cutafflv..it is -- yes, it is advisory.

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

Mr. President and Ladies and Gentlemen of the Senate: when the Village of Antioch decided Whether Or not to have a riverboat in iEs area - and iEls in my district - they had an advisory referendum within the village. I said at that time that if the referendum says No, I Will abide by their decision. The Village of Antioch had the referenduny and it -- the riverboat question was defeated. I think that this bill goes too far. I represent the Chain '0 Lakes area, which is the west end of my district, and 54  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 half of Waukegan Townshlp, Which is the east end of my district. 80th areas would like the right to fight for a riverboat, and both need it badly . I voted for the Riverboat Act because it gas supposed to help the areas that have suffered financially - economically suffered. I tdink it is wrong to pass a statewide referendum affecting the needs of my district, my areas, wben other areas are not affected. And khat's why I have said to the sponsor, if this were a bill saying that the various municipalities could have a referendum - an advisory referendum - to decide whether they wanted a riverboat or other gambllng, I could understand it, because at least I feel the voters in that particular area should have the option - not the voters from Chicago having the right to vote for people affected in downstate Illlnoisr or vice versa. And therefore, I don't feel that this is a good bill under the circumstances, because what you're doing is making an advisory referendum of the whole State, but there 's various parts of the State that do not want to have to suffer with that, and part of it is in my county, in my district. Therefore, I speak against this bill.

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

Will the sponsor yield for a question?

PRESIDING OFFTCER: (SENATOR MAITLAND) Indicates he will yield, Senator Hall.

Senator Sieben, have you heard of Mount Morris School?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

I sure have.

PRESIDING OFFICER: (SENATOR MAITLAND) 55  STATE OF ILLINOIS 88TH GENERAZ ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 Senator Hall.

What dtd we do for you when a11 this was up? Now here ycu come along now, that you want to cut out the other people from -- from havlng a riverboat. This should be apen. I don 't kncw Why you Would go to put that on. That's not right. I just Want to remember. Keep in mind: we supported you. Okay? That Would be wrong. We've got a bcat in -- in East St. Louisr but I've çot a 1ot of territory. I have almost two hundred thousand people, like a1l of your and nobody's benefitting for it but just that little community. We've got to give ather opportunities to other people. And Chicago 's entitled to have this, because Chicago people voted so that we could have this. And for you to get up now and Nant to put this on, after youdve gotten what you want in your school -- suppose everybody did that when that school Was up? Youdre wrong .

PRESIDING OPFICER: (SENATOR MAITLAND) Further discussion? Senator Carroll.

Whyr thank you, Mr. President, Menbers of the Senate. Let me first say, having read the proposed language, Senator Raica, I thinkz was right on point: that if you had a church or other chartty in your district who did not currently have a license for a Las Vegas night or bkngo, and went to the Department of Revenue and asked for a license: that would be the introduction of gambling into that establishment and they would not be allowed, if this advisory referendum passed and then laN implementing lt were successful, that church - that public group - would not be allowed a license for Las Vegas nlghts, bingo or anythlng else currently allowed to others elsewhere in the State. Secondlyr there 'd be a question on the Elgin license. The Elgin boat is not open. It would not open till, according to our incornation, sometime after this advisory referendum and maybe kmplementing legislation . That 56  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SEXATE TRANSCRIPT I 107th Legislative Day April 20, 1994 would be the introduction of ganbling. Even though the Gaming Bcard had already authorized them to go ahead with the boaty they have not yet autborized then to conduct gambling. So a11 of the mcnies expended in Elgin to create the boat for that tenth license would be for naught. And I guess that may be the intent .of the sponsor. If I may finish by asking a question of the sponsor.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he wtll yield, Senator Carroll.

Senator Sieben, do you have a boat in your area?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

In ny dlstricty there ls an operatlng boat in East Dubuque.

PRESTDING OEFICER: (SENATOR MAITLAND) Senator Carroll.

Theny Mr. President, if I could ask Senator Sieben, would you be willing to amend this to say, if the statewide advisory referendum is against gambling in every -- in every form r that in fact all existing licenses Would have to be rescinded and abolished and there would be no rtverboat gambling anywhere in Illinois, perlod? Would you accept that?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

No.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator O'Malley.

Mr. President, Members of the Senate, I rise in very strong support of this bill. I am very pleased to support Senator 57 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 I sieben. when senator Jacobs says that he believes in representative government, senator Jacobs, so dc I and so do the other Members of this Body. But when you talk about profoundly changing the way of life in this State, maybe it's time to invite the people of Illinois in to participate in the debate, and that's all this does. This is purely advisory. My good friends on the other side of the aisle - they know this dcesn't affect blngo or -- or anything else. This is an advisory referendum. And When We talk about expansion of gambling into Cook Countyr that is going to have a profound effect in our -- in our State. And 1.11 tell you what: I think a1l the voters in this State should have something to say about that, because this is not going to be decided by vctes in the ten communities that happen to have riverboats. It's going to be declded by conmunities like the one I lkve in - Palos Heights, Palos Park. In the community I live in, when they asked the people this question, they voted overwhelmingly in Cook County, fifteen to one, they don't want 1t. And I strongly support them . I think it's high time we advise the people of this State lnto this debate. Here's an opportunity to do it. A1l we pre doing is asking their opinlon. I ask you to vote, I urge you to vote Yes for this important legislation. Thank you. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussicn? Senator Lapaille. SENATOR LaPAILLE: Thank you, Mr. Presidenk. This -- this bill and -- and the issue that we're trying *o address, basically the ship pulled out about four years ago, Senator Sieben, when we should have been discussing this, and this was in 1989 when We passed the first riverboat bill. At thaE tlme, perhaps this would have been the right way to gor to get a sense of what Illinoisans thought about riverboat gambling, but we didn't do it. And maybe at that time, 58 .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 1 four years ago, we should have done what Indiana just dld, Nhich , requires each community to vote if they wish to have riverboat gambling or not. But we didn't. So rlght nowr we have a halfhearted attempt to try to decide if we should have riverboat gambling in Illinois or not: but it's okay Where it's currently going on, Nhatever the result of this referendum would be, but it ' won't be okay for future licenses. Sc I would say that if Ne're k going to have a fair referendum, let's just put it up cn the board i and let the Cook County voters and Chicago voters decide if we I should close it down tn East Dubuque. Maybe we should close that boat down in your Senate district, but your referendum says, ''No i more anywhere else; let's see what the voters say, but East i Dubuque keeps going.'' That's unfair to Chicago; it's unfair to E Lake County; it's unfair to other communities. This ship pulled I : out four years agoy and you're four years late. PRESIDING OFFICER: (SENATOR MAITLAND) E Further discusslcn? Senator Stern. :

Mr. President and Members of the Senater you can see thls is a i nonparEisan question. I find myself identifying more with Senator O 'Malley than with Senator Lapaille. That's staggering. Yesy indeed, we did watch the ship pull away four years ago, and some i of us were there trying to drag it back to the pier. I spoke then i strongly and speak again today strongly against turning the State ' of Illinois, with its marvelous diversity, into the gaming capital of the United States. I think there is no question of our interconnectedness wlth Chlcago and wi*h *he communiEies thak want I to add boats to their ways of bringing in revenue. We say a1l the time down here, or at least I say a1l *he time in Lake County, we 1 are connected to the City of Chkcago. What affects them y affects ! us. What affects us, affects them . We care about what is happening down there, and I think We should watch very carefully 59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 about encouraging this proliferaticn of games of chance as a way I i of funding the government of Illlnols and its munlcipalities. I would point out to you that this bill that we are talking about right now automatically repeals itself on January 1st, '95. So if this advisory referendum does not happen ln November, it aln't going tohappen. ButIthlnkweshouldthinkveryhardaboutthe 1 change ln character that is golnç to happen to us, how serlously important this is, and how important it is for individuals to have some kind of insight, input and responsibility for what may or nay not happen here. I certainly suppcrt Senator Sieben 's bill, and I urge you to vote Aye to permit people to think about this issue and to speak upon it in November. Thank you.

PRESIDING OPFICER: (SENATOR MAITLAXD) Further dtscussion? Senator Burzynski.

Thank you, Mr. President: Ladies and Gentlemen of the Senate. First of all, I'd like to say that, yes: this is a questfon of public policy, and yes, this probably should have been dane four years ago, But I really think that lt's too -- I really think ik's sorry that we 're sittln: here condemning Senator Sieben for not offering something like this four years ago. Senator Sieben has historically been against anything that would expand gambllng *ithin the State of Illinois. As a cosponsor of this partlcular 1 piece of legislatlon, I can tell ycu that I too am supportive of the Gambling Right to Vote Act, and I think it's very important to point out: I don't have a riverboat in ny district. And the citizens Within my districk, ln the last -- in *he spring election inkwoofmycommunitiesvotedoverwhelmingly,5to1, that they Wanted to have a say in what would occur down the road in their j communities, as well as in the State as a whole. So I rise to support this bill, and would encourage a Yes vote. Thank you. ' PRESIDING OFEICER: (SENATOR MAITLAND) I ! 60  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20: 1994 Further discussion? Senator Cullerton.

Yes. Would the sponsor yield?

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

Senator Sieben: I want to see if I can get the philosophy of this -- of this bill. This woutd require an advisory question. If it became lawy then the people wculd vote in November and they Would give some advice. Now, to Whom Nould this advice be directed?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

To Nhoever wanted to interpret the results of that vote.

PRESIDIHG OFFICER: (SENATOR MAfTLAND) Senator Cullerton.

Well: I understood it to be advice to us, because we are the ones Ehat have the authority to expand gambllng in Illinois. We are the only ones - that is the General Assembly. So isn't this an advtsory referendum to gyve us advice?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

It certainly Would be my hope that the Menbers of Ehe General Assembly Would look at the results of thP election and heed the wishes of the voEers of the State.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Cullerton.

Heed the wishes of the voters of the State. Now, ycu've 61  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 1 indicated youfre an opponent to an expansion of gambling . Would you say that if this got on the ballot and it passed, that the people in the State voted to expand gambling, would you then heed that advice and vote to expand gambling in Cook County?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

I probably Would not.

PRESIDISG OFFICZR: (SENATOR MAITLAND) Senator Cullerton.

I see. So, We have advice that we can choose to take or not to take, dependlng upon the outcome of the -- of the election. So we can listen to the people, and if we don't agree with the people, then we donft take their advice. If we agree with them r then we use it as a tool to accomplish what We wanted to accomplish. I would suggest that there's a much more dlrect Way of doing this. You know r the Governor said when he campaigned for Governor that if he had been the Governor and the riverboat gambling bill had come to his desk, he would have vetoed kt. No Republicans voted for the bill in the -- in the House, when it first -- in the House when it flrst passed; only four voted for it in the Senate, of Republicans. There's been more Republicans now in the Senate. I think that if -- if the Governor still holds that belief: lf there's still that much opposition to gambling in the -- on the Republican side of the aisle, why doesn't somebody put a bill in to abalish riverbcat gambllng ln Illinois? The Governor indicated he wouldn't have siqned it in the first place. These guys have made al1 their money; you know, they 're not going to -- theydre not going to be hurting - the ones that have made the money. Why don't we just abolish thls riverbcat gambling throughout the entire State? Put a bill in. I be* you can get it i . 62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 i out of the Rules Committee, at least in the Senate. I bet ycu would get a -- a good hearing in one of the committees in the I Senate. We don't need an advisory referendum that we're not going to listen ko if we don't agree with the outccme. Let's just take i I . this issue and -- and say we'll abolish riverboat gambling. We ! I don't have to abolish binço or -- or Las Vegas nightsr or horse tracks. Let's just take this lssue that we're trying to address with this advisory referendum and be more direct. Now, clearly, if you don't want to expand the gambling to Cook County, there will be a bill, presumably, that we can vote No on. That's what ! -- that's what you can do with regard to the expansion. And if -- i and lf you're so concerned about the fact that we have riverboat gambling in Illinois, let's just abolish it. But to say that We should have an advisory referendum that ue're not going to take the advice if we don't agree with it, is really being very E hypocritical. And for that reasonr I don't think we ought to do : it. Thank you. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Molaro. 1 SENATOR MOLARO : ' Thank you, Mr. President. Well, quickly: I -- I really don 't understand why thls is -- has to be on a referendum . As important an issue as it is, there are things that come before us which are more important. And if we're over khere saying, ''Hold it. We dre not lntelligent enough, ncr well-versed enough'' or it's a bigger issue, bigger than this Body, that we have Eo go to the people of the State of Illinois, then why don'k we go *o them for welfare i bills, abortion? Why don't we go to them for education? Why don't we go to them for tort reform , removing the Scaffolding Act, putting the caps on it? I meanr why don't -- why would we even have this Body to begin with if every time that there's a tough question, we say, let's put it on a referendum; let the people 63  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 decide? 1 mean, rkverboat gambltng, flrst of all, is here . We're talking about a few extra cities which are certainly important, j but I don't think it's the big issue of the dayr considering a11 these other issues would affect every single person in the State of Illinois. And if it's just going to be advisory, and We're going to mandate these counties to put it on the ballot at their cost, we don't even know who's going to vote. It's actually going to be bottom of the baltot. Xoulre going to have an unbelievable drop-off. A11 you're going to do is you're going to have gambling interests versus churches spending their money, go hiring PR firms to get out the voter so you're not going to have a true indication. Probably the best thinç to do is to hire Yankovich or Gallup and do a pollr which is probably nore indicative of hoW people feel than some advisory referendum, and a11 you 're going to do is make PR firms money, and we dre nct going to follow it anyway. So, the point of it is that I just think that if we're going to have issues that we're going to -- we're going to go out and have referendums on, I could give you a list of -- of things that are two to ten tines more important than riverboat gambling. Thank you.

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

Thank you, Mr. President. A question of the Chair. How many votes will it take for this bill? Since it's a -- a referendun, Will it take three-fifths? Simple majority?

PRESIDING OFFICER: (SENATOR MAITLAND) Thirty votes.

Okay. That's all I needed to knoW, Mr. Chairman.

PRESIDING OFFICER: (SENATOR MAITLAND) And the final speaker, for a second time, Senator Geo-Karis. 64  STATE OF ILLINOIS . 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 I SENATOR GEO-KARIS: i I Mr. President and Ladles and Gentlemen of the Senate, I apologize for speaktng a second ttme, but you know What strikes ! me? The stock market is the biggest qambling, I've been advised, i of anything. Now we're getting very sanctimonious and we want.an I advisory referendum, statewide. Why not make it a bill where you give the local municipalities the rlght? They already have the ! right to -- to have the referendum. Waukegan tried to get petitions siçned against the possible riverboat for Waukegan. They couldn't get enough signatures. I think lt's up to the local option, to the local community, to declde it, not a statewide referendum. And I respect the sponsor tremendously. In fact, this is the flrst timer I think, I'n voting agatnst any of his bills, but I cannot feel justified votlng for something that will just be a -- a window dressing for the whole State to make everybody sound good and yet affect Ry area very adversely.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

Not speaking for a second time, but I Would question again that the ruling of the Chair -- if the ruling of the Chair to dectde the number of votes has taken into the consideration that thls is a local government mandate, by virtue of the fact that the cost necessltated in this election will be borne by the local governments, and without an appropriation accompanying thls b111, I -- I think that it would fall under the State Mandates Act, and necessitate a -- a two-thirds majority. And I -- or four-fifths, under the new law. No# an extraordinary majority, and I Nould appeal the ruling of the Chair.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs, the Chair would rule thaE this doesnft impose any mandate upon anybody. It's an advisory referendun , and I 65  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatlve Day April 20, 1994 E I therefore, my ruling stands. Senator Jaccbs.

I move that we appeal the ruling of the Chair.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 rlght. Senator -- Senator Jacobs has moved -- the .ruling of the Chair -- the question is, shall the ruling of the Chair be sustatned. All those in favor of sustaining the ruling, vote Aye. A1l those opposed to sustaining the ruling, vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who Wish? Have all voted Who wish? Take the record, Mr. Secretary. On that question, there are 36 Ayes, 20 Naysr no Members voting Present. The ruling of the Chair --- having failed to receive the necessary -- having -- having failed to receive the necessary three-fifths negative votesr the appeal fails, and the ruling of the Chair is sustained. Further discussion? Further discussion? Senator Sieben, to close.

Well, thank you, Mr. President and Members of the Senate. Obviously there's a diversity of opinions on thls issue, as we've heard in the debate. And I guess I Would say, for four years, I have watched the ship pull away from the dock, and I wish that the gaming legislation would have been passed in a different form, with some different limits and some different restrictions, and that we did have a referendum included in there. And my personal preference Would be that we not have State-sanctioned casino gambling anywhere in the State of Illinois, be it East Dubuque, or Peoriar or Rock Island, or wherever. But unfortunately, the State of Illinois is very dependent on *he fool's gold of gambling revenue, and now faces an addiction problen as serious as that of any conpulsive gambler. So let the people vote. I bYlieve it's wrong for the State to further exploit the weaknesses of its citizens without giving tbem the righ: to vote on this issue. Why I 66  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20y 1994 not let the people vote? Riverboat gambling legislation was passed in 1989 to reklndle tourism and to provide econcmic develcpment outside of Chicago. NoW if We're going to change that I approachy then let's let the people vote. Illinois -- Illinois has legalized six types of wagerlng : horse racing in 1.927, bingo I I in f71, lottery in '74r charitable games in .87, pull tabs and jar games in '88, riverboats in '90. I think enough is enough. Let's let the people vote. The future of our State should not be decided by a few people putting a deal together or by a risky roll of the dice: but rather by letting the people vote. I'd appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR MAITLAND) The questlon is, shall Senate Bill 1344 pass. Those in favor will vote Aye. Opposedr vote Nay. The votlng is open. Have all voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that questiony there are 41 Ayes, 15 Nays, 1 Member voting Present. Senate Bill 1344, having received the required constitutional majorityr is declared passed. With leave of the Body, we're going to stop just for a mcment and go to Committee Reports. Committee Reportsr Mr. Secretary. SECRETAR? HARRY: Senator Weaver, Chair of the Committee on Rules, reports that the followlng Legislative Measures have been asslgned to committees: To the Commlttee on Education - Senate Amendment 1 to Senate Bill 1388 <slc> (138l)y Amendment 2 to Senate Bill 1678, and Amendment 2 to Senate Bill 1716) to the Committee on Envlronment and Energy - Conference Committee Report Nc. 2 to Senate Bi1l 4057 to the Committee on Executive - Amendment 3 to Senate Bill 1318, Amendment 1 -- or Amendments 1: 2 and 3 to Senate Bill 13647 to the Committee cn Insurance, Pensions and Licensed Activities - Amendment 2 to Senate Bill 1421, Amendment 4 i ' I 67  STATE OF ILLINOIS j 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20, 1994 to Senate 3111 1435, Amendments 2, 3, 4, 5, 6, 7, 8, 9, 10, l1, l2, 13, l4# 15, 16, 17 and 18 to Senate Bill 1709, and Amendment 3 to Senate Bill 17287 to the Committee on Judiciary - Amendment 2 to Senate Bill 11337 to the Commlttee cn Public Health and Welfare - Amendment 2 to Senate Bi11 1746; to the Transportation Committee - Amendment 4 to Senate Bill 1730, and Amendment 3 to Senate Bill 1733) and Be Approved for Consideration - Amendment 7 to Senate Bill 1263, Amendment 3 to Senate Bill 1324, and Amendment 2 to i Senate Bill 1479. PRESIDINGOFFICER: (SENATORMAITLAND) 1 Senator Fawell, for what purpose do you arise, ma'am? !

Just -- just to remind the Transportation Committee that we will convene at 8 o 'clock tomorrow morning in Room 400 - 8 o'clock. We've just go* two or three amendments to look at.

PRESIDING OFFICER: (SENATOR MAITLAND) ...(microphone cutoffl...Geo-Karis, for what purpose do you arise?

Mr. President, Ladies and Gentlemen of the Senater yesterday we passed a resolution here unanimously, approved by a11 Senators, to memorialize khe death of a real, wonderful patriot by the name of Thomas J. Stack. Tom Stack was a Vietnam veteran. He served in the Ninth Infantry Division in Vietnam in 1968 and 1969. He was awarded kwo Silver Stars and three Sronze Stars, and was a champion of veterans' rights and patriottsm . Tom Stack was the one who organized the parade in Chicagor in 1986, for the Vietnam veterans, where there were more than tWo hundred and fifty thousand people who were there who were veterans or families of veteransr aside from another six hundred thousand people who watched that parade. That was the parade that was the healing measure for the Vietnam veterans. When he returned from Vietnam, I 68 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 Tom Stack served as a Chicago police officer for nearly nlne years, and he left that profession to become a professor of criminal justice at Daley College. And he was active in a number ; of veterans' organizations, including the Windy City Veterans - I Association: He died Saturday from cancer. His wife died tWo j i years ago from cancer. His one child was born with one kidney, I believe it was, and he was concerned it might have been because of Agent Orange, kn Whkch Tom las involved in Vietnam . He organized that 1986 Vietnam Veterans Welcome Hcme Parade in Chicago, which was really the most outstandin: catalyst for healing the country's wounds. He Was a gentkeman who also organized a parade welcoming home the parade -- the Persian Gulf -- War Veteransy rather. He Was a great American. Two articles about Tom Stack appeared in the paper. In the Tribune of Monday, April 18, there Was a fëne artlcle written by Sara Talalay. And yesterday, in the Sun-Times, there was a fine article written by Steve Nealr restoring -- telling that Tom J. Stack restored pride for Vietnan veterans. It's a sad situatlon. He was only fifty years old. He served his country very Well. The only higher honor than Silver Star is the medal -- Congressional Medal of Honorr and this man realky did his duty by his country without a complaint. And he was sick with cancer about seventeen years. He never complained to anyone about it. And a11 I can say ls that his death is a qreat loss to a11 of us. Those of us who particularly are veterans, we know the great job that Tom J. Stack didr not only for his Army service, but as an American. And I would like to ask this Assembly if we could just stand for one minute in silence in memory of Thomas J. Stack. PRESIDING OFFICER: (SENATOR MAITLAND) Thank ycuy Senator Geo-Karis. Would the Body please rise? Thank you. Senator Topinka, for what purpose do ycu arise? SENATOR TOPINKA : Mr. President and a11 you Hea1th Committee Members, We're ! 69  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 i going to still meet at 4 o'clock today in Room A-1 of the Stratton Buikdtng. Four amendments. Three are very calm. We should be quite expeditious.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Tom Dunn. .

Thank you, Mr. President. I'd like to go back to Tom Stack for a momentr if we could . He, unfortunately, dled a horrible death from Agent Orange on Saturday, leaving three orphans. We see many people down here who always are asklng for things for themselves, but that really wasn't Tom Stack. He was always asking in the name of others. There are a 1ot of people that will call Tom Stack a hero because he won two Silver Stars in Vietnam, but the truth of the natter is that Tom Was a regular guy who Nas the son of an immigrant and who betieved in America, as tmmigrants do. His creed was truly duty, honor and country. And on one of those blisteringly hot days ln Vietnam, Tom Stack put his money where his mouth was, and he lived up to duty, honor and country. It's -- it's an occasion that fortunately we aren't presented with and only few people are. He really wasn't a hero. He was just that simple kid that happened to grow up ln Chicago, working classr son of an immlgrant, who made America what lt is today. Ik was his kind of patriotism that was present at the formatlon of this country, and hopefully will last through the duration of this country.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank your Senator. Senator Dudycz, before I recognize you, let me just indicate that we are -- we plan to stay here and work 3rd Readings until at least four o'clock. So for Members who have moved off the Floor: just a reminder. And further, 1et me recognize -- the Chair will recognize the Honorable Mayor from the City of Peoria, Mayor Jim Malocf. Jim , welcome. Senator Dudycz, 70  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day Aprll 20r 1994 l for wbat purpose do yau rise? sir?

Well,thankyou,Mr.President. I--ItooWouldliketojust 1 brlefly add my comments regarding Tom Stack. Those of us who knew Tom Stack, who Worked With him an matters regarding veterans in Illinois,knowthatTomStackWastheveterans' voice of -- of 1 ChicagoandoftheStateofIllinois. Hewasknownthroughoutthe 1 entire countryasonewhoworkedselflesslyonbehalfofnotonly 1 Vietnam veterans, but a1l veterans of all conflicts that our country was involved in. He was also the conscience of the veterans in Illinois, and I'd just like to say that he was a true American hero. He was a -- a friend. He was a real American patriot, and he will be sorely missed.

PRESIDTNG OFFICER: (SENATOR MAITLAND) Thank you very much, Senator Dudycz. Let's now, Ladies and Gentlemen, return to the Order of 3rd Reading. Senate Bill 1357. Senator Hawkinson. Senator Hawkinson? Yes. Read the bill, Madam Secretary. Senate Bill 1357.

Senate Bill 1357. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinson.

Thank you, Mr. President. Thls is still a shell bill. Senator Dunn and myself are the cosponsors of this legislation, and we are the -- the designees for Senator Jones and Senator Philip on the council involving the four Legislative Leaders, the President of the Cook County Boardr and the Governor of the State of Illinois. And We are Working presently on the task force on some recommendations to reform our Juvenile Code, and as a matter i 71  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day Aprll 20, 1994 I of fact, a meeting is in progress right now to try and come up with some recommendatlons that hopefully we can enact this spring. But given our deadline of Friday, I think we ought to nove this bill over to the House, where We Will again have bipartisan sponsorship, and it can await the results of that task force. And so I Would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Is there discussion? The question isr shall Senate Bill 1357 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question: there are 55 Ayesr no Naysy no Members voting Present. Senate 3i11 1357, having received the required constitutional majority, is declared passed. And, Senator Hawkinson: on Senate Bill 1358? Senator Klemm, on 1364? Senator O 'Malley, on 13667 Senator Klemm, on 1381. Senator Fitzgerald, on 1421? With leave of the Body, we'll turn -- return to Senate Bill 1366. Senator O'Malley. Read the bill, Madam Secretary.

Senate Bill 1366. (Secretary reads tltle of bill) 3rd Readlng of *he bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O lMalley.

Thank you, Mr. President and Members af the Senate. My apologies for not being here tinely. What Senate Bill 1366 does is state legislative intent and authorize municipalities to impose impact fees on developers. Specifically, kt includes for capital costs of school districts, park districts, libraries and fire districts, when computlng the proportlonate share of new 72  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRI'PT 107th Leqislative Day April 20, 1994 I I constructlon. Requires that the fees collected be deposited into I an interest-bearing account designated for capital improvements. The bill is -- is an effort to address a lingering problem we have in the State and -- and the impact of new development on our existing service providers - .public service providers. This legislation would be merely permissive, and it does this by -- it accomplishes its purpose in theory by introducing accountabiltty into the process. Flrst of all, it's my intent tc set up a -- a methodology for determining what the impact fee would be. It's intended to apply only to capital costs, and those capital expenditures -- or those capital funds, when collected as lmpact fees, would be placed in a dedicated fund and used for only that purpose for which that it was intended. The bill in its present form is not everything we Would like it to be. In factr lt will not, in fact, do much at all. The -- the negotiaticns between the parties are continuing. The negotiations will continue. What I would ask the Senate to do is pass this bill today, send it to the Housey and allow those negotiations to continue. This legislation will be back here in the Senate for you to look at againr and I would ask your -- your support of it. If there are any questions, I'd be pleased to answer them .

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

Mr. President and Senator O'Malley, I just wanted to verify, actually, Nhat you said; that this -- these are ongoing negotiations; that there will be a nore detailed product before us on which ue can debate and vote. As the HBig Mother'' of lmpact fee legislation: I feel it incumbent upon me to have that on the record. Thank your sir.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Palmer. 73  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

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

PRESIDING OFFICER: (SENATOR MAITLAND) Indlcates he will yield, Senator Palmer. r SENATOR PALMER: ' i Senator O'Malley, accordlng to our analysis, Chicago opposes I I this. Do you know why? ,

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

Senator, as explained to me, primarily by Senator Hendon in committee, there are some concerns about - his, in particular - about having it come to Chicago. Whether that means Chicagc is opposed to it, I don 't know . But the only opposition I have heard to this concept has been specifically that. And I think Senator Hendon - I dcn't see him in the Chamber right noW - but Nould probably say that he's concerned about impact fees affecting econonic development in his community. My reaction to him was that I would be happy to take Chicago out. This ls merely intended to be permissive. It does not require the City of Chicago to impose impact fees. And incidentally, the legislation, as it's drafted, really doesn't allow that to happen anyway. It's just really - I hate to use the Word ''shell'' bill, but it does -- it's just an instrument by which we could accompllsh these negotëations.

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

Thank you. Just real quick, Mr. Presldent, Ladies and Gentlemen of the Senate. I'm willing, Senator, to abide by your words. I happen to be one of those who oppose impact feesz but I'd like to see What the final package is, and I think it 's fair 74  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20, 1994 that we give the Senator at least that opporkunity to move this i alcng and give us somethlng that makes sense.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator O'Malley, you Wish to close? i SENATOR O'MALLEY: ' I would just ask forfavorable supporton this I Will be . 1 bringingthisbacktotheSenate As Senator Jacobs sugçested, it . 1 will -- will have mcre detail then.

PRESIDING OFFICER: (SENATOR MAITLAND) The questton is, shall Senate Bill 1366 pass. Those in favor will vote Aye. Opposed, Nay. Voting is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted Who Wish? Take the record, Madam Secretary. On that questicn, there are 52 Ayes, 2 Nays, no Members voting Present. Senate Bill 1366, having received the required constitutional majority, is declared passed. Senator Fltzgerald, on 1421. Senator Peterson, on Senate Bill 1435? Senator Peterson? All right. Senator -- Senator Cronin, on 1447? Senator Crcnin? Senator Barkhausen, on Senate Bill 1456. Read the bill, Madam Secretary.

Senate Bill 1456. (Secretary reads title of bi11) 3rd Reading of the btll.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen. '

Thank you, Mr. President and Members. We had some discussion of Senate Bill 1456 the other day. As I mentioned at that time, I took over sponsorshlp of the bill at the request of Senator Palmer. BothsheandIhadbeenaskedtohandlethisbillin our 1 capacity as board members of the Legislative Reference Bureau. The Legislative Reference Bureau brought this bill to us, pursuant to 75 .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 107th Legislatlve Day April 20r 1994 1 Section 29.6 of the Legislative Reference Bureau Actr Which calls upon the Bureau to draft revisory laws - in this case to comply wlth the reorganizations that have taken place of State government and State agencies by neans of Executive Branch Orders. The Governor, under the Article -- or Section 11 of the Executive Article of the State Constitutionr of course, is empowered to recommend, or to make: or to issue Executive Orders, and -- but those Executive Orders may be dlsapproved by a majority vote of only one House of the Legislature, provided that disapproval is registered within sixty days of the Executive Order being delivered to the Legislature/ or Within sixty days of our coming back into Session. In this particular case, this Executive Order affectlng the Department af State Police was not disapproved by one -- either House of the Legislature, and so lt is -- today has taken effect and .subsequent appropriations have been made, of course, by the General Assembly, in effect, carrylng out the details of the Executive Order. So this ls merely, as I sayy a revisory bill to tidy up our Statutes to reflect the fact that this reorganization has taken place, and that by the appropriations processy We have, ln essence, approved it. I'd be glad to answer any questions.

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

Tbank youy Mr. President, Ladies and Gentlemen of the Senate. This appears to be a little confusing, and I just want to get some ansWers, I guess, to a couple of questions. Number one, according to our analysis, it sakd that the effect of allowing early retirement of State troopers has not been addressed. And for FY '92 and '93, there were no cadet classes conducted. Then in Fiscal Year ,94, the class was reduced from a hundred and ten cadets to fifty-five - and fifty-five cadets to replace the two 76  STATE OF ILLINOIS l 88TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT i 107th Legislative Day April 20r 1994 hundred and thirty lost since this Governor's flrst year. It 1 appears -- it appears there 's an attempt in thls legislation to take the desk guys, as I would call them - the detectives - Who have very important jobs to da, and to put then in a uniform one day a Week and Call them troopers. That, I thlnk, is -- and I know it's not your intent, Senator Barkhausen. I know -- I know you better than that, but it appears to be a little bit of a sham; that what ve 're, in effect, trying to do is to reduce the head count and yet, at tbe same time, be able to tell the general population out there that We have not reduced the people an the road when, in fact, we have. And I think that that's a real danger. And I would like to at least have the Senator, Barkhausen: if you would r respcnd to -- to the question as to whether or not tbere will be actually more people on the road that are not being taken from other jabs/ or Whether there will be at least as many troopers cn the -- on the road in this fiscal year as there was, say, in last fiscal year or the year before.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.

Responding as specifically as I can, Senator Jacobs: I'm told that there will be fifty-five new troopers on the road, to be hired by June; that there has been a three-year reorganization and revitalization of the Department that has -- ls and has been taking place, that -- that began before the Executive Order was issued, and thatr of course, Was -- was last year. Other than that, I can only offer the general comment that -- that the questions that have arisen on this bill are -- are those that maybe are being made also but should more properly be made in the context of the review that normally takes place in the appropriations process. I'm not on the Appropriations Committee and, you know, have never handled a bill -- appropriations bill 77  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 I for the State Police, so I'm not intimately familiar with the workings of that agency otherwise.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Jacobs.

Just in closing on the issue, Mr. President. It appearsr however, that we are not reptacing two hundred and thirty troopers on the road. And if we are replacing those, wedre replaclng them with fifty-five cadets and desk jockeys, so to speak. It appears to me that the Governor, as I understand it, did this by Executive Order. It's already in place. Are we then just canfirming What the Governor did by Executive Ordery and if so, why is it even necessary to have this bill?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Barkhausen.

Because we are just changing the Statutes to do away with references to divisions within the Department that no longer exists and to have then reflect their current titles.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jacobs.

I guess the question still remains then: Are we, in effect, going to have less troopers on the road, or are we going to have the detectives take one day a week and go on the road? I think there's a tremendous difference between a part-time trooper and a trooper, and I think it's one that the people of this State should understand Whenever we have people ln governmen: and ln the polltical realm espousing strong measures to get tough on crime, but then are not giving us the tools and the wherewithal in order to help fight that crine. We a11 talk here about drugs. I'm from an area which you're all very much aware looks at Iowa, and our I 78 '  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Leglslative Day April 20: 1994 I Iowa state troopers are consistently making arrests on the hl hways for tremendous amounts of cocaine , tremendous amounts of ' marijuana. And we see some ln Illinois# but not as muchr and I kncw it isn 't because they 're catching them a11 in Iowa before they get to Illinois. A lot of it is, is that we don't have the troopers on the road necessary to do that. That's my concern with your legislation. I know what your intent is. I agree With the intent to -- to put thlngs together and to merge departments that may or may not be responsible to the overall goodr but I think here's a case where we may be penny-wise and pound-foolishr and would ask for a No vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senatcr -- Senator Dudycz.

I don't think I look like Senator Demuzio, Mr. President. I -- I stand in support of Senate Bill 1456. Senator Jacobs, as you know, as a former mayor of a -- of a city, you know that municipal, as well as the State, police departments constantly reorganize and -- and shift personnel around to be more efflcient. They -- they do this to save some overheadr and they shift their commands. And I think that basically What Senator Barkhausen is trying to do uith -- with Senate Bill 1456 is that. Theydre not goinq to diminish the effectiveness of the State Police. They're not going to reduce the amount of -- of 1aw enforcement personnel out there. What they're doing is reorganizing it simply for -- to make 1t more efficlenk, and I think we all should support i*.

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

In closlng, Mr. President, ln -- in -- and further responding to Senator Jacobs ' concernsr I should also have pointed out, even thcugh this coming about by Executive Order and appropriations, 79  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day Aprll 20: 1994 rather than a result of this piece of legislatlon, that the Department is and has taken steps -- taking steps to elininate eighty-nine duplicative command positions by the merger of these two divisions Within the Department. And overall, there is and uill be a tendency to -- ta reduce office overhead and to take ' that same amount of money, provided it's skill made available to the Department, and to increase the number of troopers that we will a1l see out on the roads. So that is -- that is a positive development and it's up to the appropriations process to make sure that -- that we appropriate the money so that we do have the on-line officers that we're looklng for. I otherwise urge your support for what, as I say, is slmply a measure that comes to us as part of the revisory process from the Legislative Reference Bureau.

PRESIDING OFFICER: (SENATOR MAITLAND) The question ise shall Senate Bill 1456 pass. Those in favor wi1l vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have all voted Who Wish? Have al1 voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 29 Ayes, 24 Nays, 2 Members voting Present. Senate Bill 1456, having not received the required constitutional majority, is declared falled. Senate Bill 1473. Senator Butler. Read the bill, Madam Secretary.

Senate Bill 1473. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

Thank you very much, Mr. Chairman. The -- Ladies and Gentlemen of the Senate, Senake Bill 1473 creaees, for the first 80  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 time, a Roller Skating Rink Safety Actr and it details the I responsibilities of the rink operator and, of course, of the roller skaters themselves. It outlines for the first timer as I said, the very -- it outlinesr for the first timey some very ! : specific responsibilities a rink operator has to provide a -- a safe arena. And of courser at the same time, it outlines some conditions which the skaters themselves must observe. Actuallyy I it didn't dawn on me beforerbut this bill echoes the conditions l under which a1l park districts are enabled to provide facilities for sports which have some risk. For example, if a -- if a player is injured in the course of a football game, and if the park district has provided a safe -- safe conditions, certainly they -- they - the park district - does not become liable for the I I activities of that -- of that individual. Now, the roller rink operator must be responsible for every accident, no matter what caused lt and under what conditions the skater might have been operating on -- on the -- on the floor. This is not - and I enphasize this - this does not dissolve the liability of the rink operator. He is still liable if he does not confcrm to the basic ! ! : standards which have been outlined -- have been outlined ln this bill. I think -- the basic ideay I think - the basic thrust, from my standpoint - is to keep these rinks in operation. We have very few left. Theylve been driven out of buslness by the cost of : i their insurance, and I think we should do What We possibly can to keep them in business. I'd like -- I'd -- I'd be happy t? answer any questlons.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslon? Senator Fawell. ;

Thank you. Will the sponsor yield for a question?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Fawell. 81  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994

Senator, I -- I like the idea -- the -- the basic philcsophy of this bill. I certainly think if somebody goes roller-skating, they -- they should assume a certain amount of risk, but I -- I notice that you have a -- a caveat in here that says that they must have -- the roller rink must provide someone every two hundred skaters. My questlon to you is: Will there be any kind i of rule or reg that -- that sonewhat defines who that person will be? I meanr one of the things that I was questioned about when this bill was talked about in -- in my district office was, you knowy does this mean anybody can be that guard? Can it be a drunk who's a child molester, running aroundy you know, having fun? Or is -- is there goin: to be some kind of standard that must be set?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler. SENATOR BUTLER: t Senator, I think you've hit the nail on the head. When we insist that the operator provide a floor guard for every two hundred skaters, it behooves that operator to be certain that that ; floor guard is qualified, knows khat to do, obviously can skate backwards. I can remember that part of it. And -- and so, it is I kind of a built-in safeguard. He'd better hire people who know what they're doing, or his liability increases.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell. SENATOR FAWELL: ' ! .. . t microphone cutoffl...so for legislative intent, there wl11 be -- we -- we will expect these operators indeed to -- to be careful of the -- of the character of the person they allow on this rink to -- and to know, in effect, what he's doing, so that thls is not just going to be scmebody that he hauls off the street, but indeed will be somebody that he looks at very 1 82  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 carefully and -- and knows -- and does have certain -- will meet certain standards.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler. I SENATOR BUTLER: ' ( Yes. Again, the intent is to be certain that the operator understands what his obligations are, khat his respcnsibilities are, or else he can be sued and driven out of business, as so many ! of them have been.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Welch. SENATOR WELCH: ! I had a question of the sponsor. PRESIDTNG OFFJCERI (SENATOR MATTLAND) Indicates he will yield, Senator Welch. I

Senator Butler, what percentage of the skaters Who use roller rinks are under age sixteen - do you have any idea?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler. !

I have no idea.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch .

Well, would you disagree with the figure of about seventy-five 1 percent? !

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

For purposes of discussion, I'd agree.

PRESIDING OFFICER: (SENATOR MAITLAND) 83  STATE OF ILLINOIS 88TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 Senator Welch.

Well, yaur bill requires children, then, to read these signs that say ''You're responsible for liabilityr'' and they 're supposed to heed the signs, even those skaters -- I don't know you 've been to skating rinks lately, but they start at about age four, work their way up, usually to about age eighteen, then there 's a few adults out there - not a lot of them. Sc ycu expect them to be able to read these signs and be aware of -- of the negligence possibilities that they may be responsible for by not follouing some rules that they probably don't understand?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler.

Well, I wouldn't exactly expect them to read and understand signs, but I'd certainly assume some parental responsibility to be certain theydre skating in a -- in a proper manner and are able to stand on their -- on their oWn two feet, so to speak. Certainly there is an element of risk in all of this, and all we're doing is saying, let's be certain that the rink is operating in a safe manner, as a -- as a condltion - as a primary condition.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.

But I think the question is: Who prcvides the -- who's responslble for providlng somebody to make sure that there's order maintained on the rink? parents drop the kids off to go skating ; they don't stay there and skate With them. Many parents aren't very good skaters. On the skating rink are a lot of kids, some going a 1ot faster than others, some knowing hoW to skate better than others. So what youdre doing is shifting the responsibility for monitoring the situation from the rink to the individuals -- 84  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 to the kids who are out there skating. don't think that makes a 1ot of sense. It seems to me that the rink shculd provide supervision nore than one every two hundred skaters, because that one person cannot watch two hundred skaters. It's absolutely impossible. But you're shifting the responsibility from the rink to the kids. And why these kids should be responsible uhen they 're knocked down by other kids - that doesn't make sense to me .

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

Thank thank you, Mr. President. I Would agree with the purpcse as stated by the sponsor today; however, T thlnk there 's probably some misinformation in the exchange between Senator Butler and Senator Fawell, because the bill, as currently drafted, does not provide the protections that Senator Butler would espouse. Because right nowy if a drunk is hired as a floor guard and if that drunk has buddies out there running over small children: under this bill as presenkly draftedr there'd be no llabtlity for the rink. We have suggested that this bill needs an amendment to make sure that there are safeguards so that, number one, the owner is not negligent in hirlng somebody like that as a floor guard; buty number two - and thls addresses the concerns, I think, expressed by Senator Welch that if that floor guard is on duty, and he sees sonebody running down small children, it's his responsibility to stop that. That's what a floor guardls supposed to do. And if that floor guard does not do that, the rink ought to be responsible. This billy as currently drafted, does not do that, and that's -- Will the sponsor yield for a question?

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

85  4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 Senator, in speaking with the group that's promoting this legislation, and I -- I applaud your motives, because we have some rinks in trouble. but in speaking with them, I understand that we have a commitment that this bill will not be moved in the House until we address the area of concerns that I've just ralsed.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Butler. I END OF TAPE TAPE 3

Thank you. I Was going to make that point, but that is true.

PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator Berman.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. ' I rise in opposition to this bill. I would call to the attenEion of my colleagues on this Floor that many of us feel that there is excess regulation by government of private industry. And I'm shocked that cne of our most outspoken advccates for less government imposition in private enterprise ls the sponsor of this bill. Why in the wcrld should we, the Illinois General Assembly, set -- start setting forth the rules for peaple that run roller-skating rinks and people that use roller-skating rinks? I would presume, therefore, that the next five thousand bills introduced will be introduced by Senator Butler to tell us how grocery stores should be operated, and how we should -- hoW we should conduct ourselves in grocery storesr how the bowling alley 86  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 should be regulated r and how We should operate ourselves when we enter a bcwling alley. The -- the theaters, everything that We do - - exempt my bathrocm in my oWn home, Would your Senator Butler? I don't want al1 of you guys sticking your nose in there. But i 1911 tell youy you know, Whether these rules 'are within reason or notr I'd suggest to you, you take a look at this bill. Does this bill make sense from a point of vlew of a privately run business? ! Do I know if one guard can supervisé two hundred skaters? I'm not a roller skater. I have no idea whether that's true, and I'm not sure that Senator Butler does. What are we doing here? Let's not get into the roller-skating business. Let's vote No. PRESIDING OFFICER: (SENATOR MAITLAND) ! i Further discussion? Senator Karpiel.

Well, thank you, Mr. President. Well, We 've arrlved at a perfect compromise over here. We decided that if these skaters wear helmetsr painted orange, with yellcw rings on the top for 1 those that are skating with a falcon, that there's no liability, ' but if, in fact, they decide to skate with no helmets, then -- I mean, then there's responsibility on the part of the kid skating. Otherwise, if Ehey've got the helmets, then the roller rinks are without liability. That 's what a11 this comes down to. The roller rinks are golng out of business. As one of my colleagues here said, ''Americana. Let's have a vote for Americana.'' These rinks have been closing. I sponsored this bill several years ago , and since theny that rink has gone out of business, and it's I because cf the cost of their liability insurance. And it's really i amazing to hear a11 the lawyers in this -- in this Chamber getting up and opposing this bill, and that makes me a little suspicious as just what it is that they're so concerned about. Is it the kids? I think maybe theyfve got other concerns. I think We should support this bill and let the roller-skating rinks continue 1 87  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 to provide entertainment and pleasure for our -- our citizensr and let lt get worked on ln the House to take care of some of the problems that have been addressed. We have a commitment by the sponsor to do that, and I urge a Yes vote.

PRESIDING OPFICER: (SENATOR MAITLAND) Further discussion? Senator Butler, to close.

Wellr guess this might be labeled as -- as a trial lawyer's dilemma, or at least a trial lawyer's nemesisr but I should point out that at the rate the roller rinks are going out of business because of the cosk of the insurancey that this may be a narket that the trial lawyers will no longer enjoy. Senator Berman, I don't think we ought to ever stick our nose into -- into grocery stores; however, I've seen some excessive legislation around here, and we may cone up with something about how to push a cart. In the meantime: though, I think we ought to be cognizant of the fact that roller rinks now are operating without any regulaticn whatsoever. This establishes, for the first time, a basic set of responsiblllties for them . At the same time, admittedly, says, if you're a skatery you -- you can't act stupid, and you act stupid, you can't sue. Now agaln, I'm sure that brings tears to the eyes of every lawyer in the Chamber, but that is a matter of fact. If you act stupid, you're going to get -- you can't sue. I think we ought to do what we possibly can to at least - and I hate this word - level the skating rink floor, but this is exactly what welre trying to do. I would hope that you would help to keep this industry, or this business, in business.

PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall Senate Bill 1473 pass. Those in favcr will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record, Madam Secretary. On that question, there are 34 88  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20z 1994 i Ayesr 23 Naysr l Member Votin: Present. Senate Bill 1473, having ' received the required constitutional majority, is declared passed. : E Senate Bill 1476. Senator Syverson. Senate Bill 1477. Senator i Raica. Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: ' Senate Bill 1477. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) : Senator Raica .

Thank you, Mr. President and Ladles and Gentlemen of the I ! Senate. Senate Bill 1477 Was introduced basically because it was my understanding, through a 1ot of dlscusslon: that police officers throughout the State, once they go khrough their training program - the original training program - they receive CPR but are never recertified in CPR. And I was merely attempting to have them recertified because of the different requirements that are I mandated almost by the Amerlcan Red Cross on a yearly basis, and hopefully bring to light a 1ot of these serlous bone -- or, I'm sorry, blood-borne disease that can be passed around while I I performing CPR. First of all, I'd like to thank everybody on the conmlttee that voted Aye, but at this timer Mr. President, I would ask that this bill be passed over to the House and come back to the Senate. This is not the way that we Will see it in its final form . I am working with the Red Cross, With the Police Training Board, and possibly introducing a pilot program for maybe one county or two counties, in attempt to hold the cost down, because there is some question now cn whether there is a cost or not. There was mention of federal funds, and Dawn, who has done a I spectacular job as far as attempting to acquire federal funds on this, states that there just may not be. And rather than do thatr 89  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 I have a -- I will make a commitment to the Members on this Floor that this is not the way that it will return to this House. We will definltely see it a second tine. And all I am attempting to do is have the police offlcers retrained and recertified in CPR . I know there was a 1ot of concern abcut but you have my word that I will work on ik as hard as can.

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

Yes. Just a question, if f may, of the sponsor.

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

Senator Raica, and I suppose this is because I talked to the Illinois Police Association today, and they Would suggest: at least in its current form, this is an unfunded mandate. Now in your work that you have suggested youdre going to be doing, is that what you're trying to get at, and Will we not see this in any alleged form of it being an unfunded mandate on -- on local government?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Ralca.

No. We 're -- there's -- Senator Topinka, there's no Wedre not -- attemptin: to make this an unfunded mandate whatsoever. That's -- that's why trying to work it out so Would come out and everybody would just think it was a great bill once happens.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Further discussion? Senator Raica, you wish to close?

90  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 would just ask for your indulgence and allow me to have a chance at it at the House.

PRESIDING OFFICER: (SENATOR MAITLAND) The question isr shall Senate Bill 1477 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have al1 voted Who Wish? Have a11 voted who uish? Have a11 voted Who wish? Take the record, Madam Secretary. On that questiony there are 56 Ayesr no Nays, no Members voting Present. Senate Bill 1477, having received the required ccnstitutional majority, is declared passed. Senate Bill 1479. Senator Madigan. Senate Bl11 1491. Senator Parley. Senate Bill 1516. Senator Tom Dunn. Read the bill, Madam Secretary. Senator Dunn, do you wish this bill returned to the Order of 2nd Reading for the purpose of an amendment? Senator Dunn seeks leave of the Body to return Senate Bill 1516 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1516. Read the bill -- I'm sorry. Madam Secretaryr are there any Floor amendments approved for consideration?

Amendment No . offered by Senator Shaw.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw .

Thank you, Mr. President. Amendment No. is an amendment that Would deal with a gang-free school zone, and it would make organizing of gang activtties a -- if found guilty, a Class 2 felony and a ten-thousand-dollar fine.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senatcr Shaw moves the adoption of Flcor Amendment No . 3 to Senate Bill 1516. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the 91  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 I amendment is adopted. Are there any further Floor amendments : approved for eonsideratione Madam Secretary? ACTING SECRETARY HAWKER: ; No further amendments reportedy Mr. President. PRESIDING OFFICER: (SENATOR MAITLAND) ' 3rd Reading. Senate Bill 1522. Senator Watson. Read the bill, Madam Secretary. i ACTING SECRETARY HAWKER: Senate Bill 1522. (Secretary reads title of bill) 1 . I 3rd Reading of the b111. i : PRESIDING OFFICER: (SENATOR MAITLAND) Senator Watson. SENATOR WATSON: Yesy thank you, Mr. PresidenE. Senate Bill 1522 is part of the package - the welfare reform package - that We discussed i yesterday. Three of the bills passed out; this one had an amendment, which we adopted, and now becomes the bill, or adds to the bill. This provides that if a AFDC parent under the aqe of seventeen - and seventeen was part of the amendment - must live I I with his or her parent or guardian, or other adult relatlves, or lose their AFDC grant. The amendment, which Was negotiated with myself and the Legal Service Support Center of Illinois, provides that if -- the AFDC parent has the right to choose What type of adult supervision that they would like. It also provides that if ; a ninor of a APDC parent or guardian will not allow them to live with them, that the -- AFDC grant is not eliminated. It changes I I the language from the age from eighteen to seventeen, which I mentioned earlier. And it also gives the Department of Public Aid good cause, which Would -- Which might waive the requirements of this Act. There's also three other exceptions, and that is if the mother's parents or guardian are dead, or their whereabouts are 92 .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 unknown and it also says that if the Department cf Public Aid determines that the physical health and safety of the mother or child would be jeopardized; that's another exception - and finally, the mother has lived apart from her parents or guardian for at leask one year prior to the birth of her child. Be glad to answer any questions. Wisconsin passed similar legislation and other states have done the same.

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

Thank you, Mr. President and Ladies and Gentlenen cf the Senate. I merely want as cosponsor of Senate Bill 1522: merely want to commend Senator Watson for working With the welfare reform advocate groups to significantly improve this bill. And would ask all of my colleagues on this side of the aisle to support us in this measure. For the record, some Members of the Senate Democratic Caucus had a bill slmilar to this bill in Senate Bill 1392, which is sponsored by Senator Shadid, and it is currently in subcommittee in the Senate Publlc Ksic> Committee. Want to again thank your Senator Watsony and I again ask a1l of our colleagues to please support us in this piece of legislation.

PRESIDING OFFICER: (SENATOR MAITLAND) All right. Further discussion? Further discussion? Senator Watson, you wish to close?

I appreciake the remarks of Senator Smith, and ask for your favorable consideraticn.

PRESIDING OFFICER: (SENATOR MAITLAND) The question isy shall Senate Bi11 1522 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have a11 voted who wlsh? Have a1l voted who wlsh? Take the record, Madam Secretary. On that question, there are 56 93  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 Ayes, no Nays, no Members voting Present. Senate Bill 1522, having reeeived the required constitutional majorlty, is declared passed. Top of page 5, Senate Bill 1528. Senator Karpiel. Senate Bill 1567. Senator Geo-Karis. Read the bill, Madam Secretarg.

Senate Bill 1567. (Secretary reads title of bill) 3rd Readin: of the bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-karis.

Mr. President and Ladies and Gentlemen of the Senate, this bill creates the Campus Security Act. Requires institutions of higher education that are State institutions and junior colleges, not just public institutions, one, to identify security-sensitive positions and then conduct crininal background checks prior to hiring any person to fill such positions; and, two, create by December lr 1996, community task forces to prevent sexual assaults and ensure coordinated responses to such attacks. Might tell you that the Assistant Direetor of Security for the University of Illinois cane and testified for this bill and supports wholeheartedlyr and I ask your favorable consideration.

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

I had a question of the sponscr.

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates she will yield, Senator Welch.

Senator, does this include professors and teaching asslstants in those who have to have the background checks? 94  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

PRESTDTNG OFFICER: (SENATOR MAITLAND) Senator Geo-Karis.

Well, I think if they dve -- I don't know , but I do know that before we have any sensitlve positions such as janiEors and what have you, matntenance men in uomenls dormitories, think they'll be more conclusive of that; however, if there are such professors, and you know who they are, just tell me, and T'1l take eare of them. PRESIDING OFFTCERJ (SENATOR MAITLAND) Do you have a further question, Senator Welch?

Maybe we could fix that in the House, Senator. I was -- What I was thinking was that since many of these professors on several campuses have been accused of trading grades for something or other from some of the students, maybe you should have some background checks on that.

PRESIDING OFFICER: (SENATOR MAITLAND) AIl right. Is there further diseussion? Senator Geo-Karis, to close.

Mr. President and Ladies and Gentlemen of the Senate, to further answer Senator Welch 's comment, each institution will set up its own rules. I urge a favorable consideration of this bill because we've had too many cases go unchecked in the way they should be checked, and I Ehink it's tlme we look for the safety of our students. I...tmicrophone cutofflm..vcte.

PRESTDING OFFICER: (SENATOR MAITLAND) The question is, shall SenaEe Bill 1567 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have a1l voted who wish? Have al1 vated whc wish? Have a1l voted Who wish? Take the record, Madam Secretary . On that questiony there are 55 95  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 1 ! 107th Legislative Day April 20, 1994 Ayes, no Nays, l Member voting Present. Senate Bill 1567, having received the required constitutional majority, is declared passed. senate Bill 1594. Senator Watson. Senate Bill 1598. Senator Tom Dunn. senator 1620 -- Senate -- 1620. Senator Fitzgerald. Read the bill, Madam Secretary.

Senate Bill 1620. ' (Secretary reads title of bi11) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) 1 Senator Fitzgerald.

Thank you, Mr. President. Senate Bill 1620 requires the l distributor or importing distrlbutor of beer to -- to devote reasonable efforts and resources to salesy distribution, and marketing of beer and to service a1l retail outleks uithout discrimination in their area. The Wine and spirit distributors do not oppose this bill. And to my knowledge there is no opposition.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is# shall Senate Bill 1620 pass. Those in favor Will vote Aye. Opposedr vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a1l voted uho Wish? Take the record, Madam Secretary. On that question, there are 56 -- 57 Ayes, no Naysr no Members voting Present. Senate Bill 1620, having received the required constitutional majority, is declared passed. Senate Bill 1624. Senator Madigan. Senate Bill 1628. Senator Sieben. Read the billr Madam Secretary.

Senate Bill 1628. (Secretary reads title of bill) 3rd Reading of the bill. 96  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1628 amends the School Code, makes various changes in prcvisions concerning the issuance bonds by the governing boards of special education cooperatives. The language comes to us at the request of the Ogle County special education cooperative and is reeommended by Chapman & Cutler to improve the marketability of those bonds. know of no opplsition, and ask for your Aye vote.

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

Is there a -- have an inquiry. How many votes does this bill take to pass?

PRESIDING OFFICER: (SENATOR MAITLAND) Senatcr Cullerton, what was the question?

How many votes would it take to pass this bill? think there's a question as to Whether or not We're increasing bonding authority.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton, can I -- can I hold that question just for a moment and move recognize you a bit later? Is that a1l right? right. Indicates -- lndicates he Nill yield, Senator CullerEon.

Yeah. Would this bill...tmicrophone cutoffl...would this bill allow a tax increase without a referendum?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Sieben. 97  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

No, it would not. The amendment that we put on the bill in -- in committee clearly rewrites that Section of the original bill, and the amendment makes it very clear that the rates are actually capped and controlled by the tax limitations that are provided for in the education fund, transportation fund, operationr maintenance . So there is no authorization for a tax increase.

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

Our record shows that -- that this is different. That's the reason I was interested ln seeing what his -- what his answer Was on this. It says that this bill would permit a tax increase without a referendum. And I'm wonderlng What our lakyer friends are sayin: over here, and that's the reason I Was trying to be sure that was straight on that.

PRESIDING OFFICER: (SENATOR MAITLAND) I think Senator Siebenr you want to respond to that question again? I think there 's been a change.

Yes. thlnk Senator Hall is correct. On the original analysis of the bill, by bcth Republlcan and Democrat staffers, indicated that it would have provided for thatr but the amendment that was adopted in committee specifically caps the rate at fifteen cents for a dual district, thlrty cents for a unit district, and further provides that this limitation on taxing authority is expressly applicable to taxing authortty provided under Section 17-9, which limits that within the existing rates that they can use to pay for these bonds. So that -- that -- your concern is correct, and it has been addressed by the amendnent.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Further discussion? Senator 98  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION i SENATE TRANSCRIPT 107th Legislatlve Day April 20, 1994 Cullerton, we'll be back With you in just a moment. Senator Cullerton, the Chair would rule that lt -- that lt -- that it takes thirty votes to pass. Senator Cullerton. SENATOR CULLERTON: q . ! Yes. I apologlze for questioning the sponsor a second time, but I -- I just want to make sure khat I understand his answer. I ; specifically asked him that even With the amendment, does -- is there a possibility that there could be a tax increase Without a i referendum . I understand that he has an amendment that attempts ! to put a fifteen-percent cap and a thirty-percent cap on certain taxes, but I think there's a questian still renaining as to ; whether or not there might still be a prcperty tax increase Without a referendum in otber areas. And that's -- I'd like to ask that question a second time. PRESIDING OFFICER: (SENATOR MAITLAND) i Al1 right. Indicates he gill yield. Senator Sleben. SENATOR SIEBEN: ' The intent of the amendment is to clear that -- clear that question up and make it very clear that there 's no authorizatlon in the bill, as amended: to allow for a tax increase Without referendum , and that We are not doing anything to change the ' current tax limitations that exist ln Section 17-9 of the Statutes referring to education fund rates, transportation fund ratesz operation and maintenance fund rates; that if a distrlct chooses to use this taxing authority to pay off the bonds, they must do it out of the existing levy authority that they have. So there is no authorizatlon for a tax increase without referendum . PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Siebenr to close. SENATOR SIEBEN: I think this is addressing an kmportant issue between -- or to 99  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 the sixteen educational cooperative districts around the State. Many of you have special ed ccoperatlves in your district. The language is necessary to allow Chapman & Cutler to -- to market these bonds and proceed, and many special ed cooperatives are already moving along the ltne to implement the provisions of the law that We passed a year ago to allow for this, and I Would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR MATTLAND) A1l right. The question isr shall Senate Bill 1628 pass. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have a11 voted who wish? Have al1 voted Who Wish? Have a1l voted who wish? Take the record, Madam Secretary. On that questionr there are 33 Ayes, 15 Nays, 7 Members votlng Present. Senate Bill 1628, having received the required constitutional majority, is declared passed. Al1 rlght. Senate Bill 1649. Senator Mahar, ycu wish to have Senate Bill 1649 returned to the Order of 2nd Reading for the purpose of amendment? Senator Mahar has -- seeks leave of the Body to return Senate Bill 1649 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted . On the Order of 2nd Readlng is Senate Bill 1649. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Ralph Dunn.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator -- Senator Ralph Dunn.

Thank you, Mr. Speaker -- Mr. President. Since this amendment hasn't been adopted by the Senate, I'd like to withdraw it, if I may.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Senate -- Senator Dunn withdraws Amendment No. -- 100  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 Senate Amendment No. 2 to Senate Bill 1649. Senator Dunn.

I The amendment was not quite correct, and we -- we just thought we'd better withdraw it. We're gaing to proceed another way. So, I'd ask for leave to withdraw Ehis amendment. Table it. ' PRESIDING OFFTCER) (SENATOR MATTLAND) All right. Okay . Senator Dunn, would you move to table that amendmentr please?

I -- I do move to...

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dunn has moved to table Senate Amendment No. 2 to Senate Bill 1649. Is leave granted? Leave is granted . Are there any further Floor amendments, Madam Seeretary?

No further amendments reported. Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading . Senate Blll 1678. Senator O 'Malley. Senate Bill 1682. Senator O 'Ma11ey. Read the bill, Madam Seeretary.

Senate Bill 1682. (Secretary reads title of bill) 3rd Reading of the bill.

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

Thank you, Mr. President and Members of the Senate. Senate Bill 1682 repeals the Chicago School Board Nominating Commission and calls for the direct mayoral appcintment of Chicago School ' Board menbers, with the consent of the Chicago City Council. There was an amendment offered that reduces the size of the Board of the Chicago Board of Education from fifteen to eleven members. I l01  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20z 1994 This is accompllshed by abolishing the office of the four Board members whose terms exptred on May 15th, 1993, and who still, as of yety have not been replaced. Be pleased to answer any questions Members of the Body have.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. Chairman. stand in strong oppositicn to this bill. There has been a lot of criticism of the Nominating Commission, but if you look at what has transpired, you will find that the criticism should not be of the Nomlnating Commission; the criticism should be of the Mayor of the City of Chicago. The Mayor of the City of Chicago has sat an recommendations made by the Commisslon. The Statute required action within thirty days. The Mayor has failed to act, and because the Mayor has failed to actr the Commission has been unable to even attract candidates indlviduals who would qualify and who would probably do an excellent job on the Board, but are reluctant to even apply, because of the treatment that the recommendations have received from the Mayor. The Mayor's inaction is the problem here, not the Nominating Commission. We established the Nominating Commission to ensure local control, to ensure grassroots involvement, to ensure parental involvement. We did all this in the name of school reform . We did the right thing: and now we want to undo what we did, which was correct: because the Mayor has not done his job. On top of that, We Want to reduce the size of the Board. We want to reduce the size of the Board from fifteen members to eleven members, and certainly that may be something that we ought to talk about. And maybe what we ought to be talking about is an elected school board. Maybe that is the Way to go. But this is not the way to go. This is going backwards, instead of forward, and urge a No vote . 102  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 I PRESIDINGOFFICER: (SENATORDUDYCZ) j Any further discussion? Senator Palmer.

Thank you, Mr. President. I too stand in strong opposition to this, and frankly, I am very surprised that colleagues on the other side of the atsle are supporting a btll that is directly contrary to school refcrm. Now, the Republicans in particular spent a great deal of time, nct only to my general knowledge, but to my speckfic knowledge, since quite often, I supported bills that might have been contrary to positions taken by many people on this side of the aisle, in order to be supportive of school reforn. And yet, here you are, gettin: ready to take out cne cf the central components of school reform. We just passed a bill, with help from this side of the aisle, under the sloganr ''Let the People Decldef'. Thks is the only means by which Chicago has to let people participate in chooslng members of the School Board. If you look at the list of those on the Chicago Noninating Conmission, you will find the names of many of Chicagcls prominent citizens. To remove that process and ' replace it by allcwing one : person, the Mayor of the City of Chicago, who has not abided by 1 any of the rules that we have set forward, who has not even follawed the process up to thls point, I think is unconsclonable. ! And I am just very surprised that you Would participate in thisr when you have participated so strongly on the other slde up to , this point, and I really don't understand what your interest is in I this. PRESIDING OFFICER: (SENATOR DUDYCZ) ! Any further discussion? Senator Fitzgerald .

Just a question of the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he Will yield. Senator Fitzgerald. 103  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

senatory I was just wondering why you want to abolish the Nominating committee.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O 'Ma11ey.

Senator Fitzgerald , for me# this is an issue of accountability. We have a process now in the Chicago Public School System where we decide who is going to be sitting on the Chicago Board of Education, but there is no accountability, and the reason I say that is very simple: We have tWo bodies, basically, involved in the process. We have the Mayorr With the consent of the Chicago City Ccuncil, and we have the Chicago School Nominating Commission. Right now, elther one can blame the other if the Chicago Board of Education is not doing a good job. So that's what this is about. This is Why I'm involved in it, and I -- hope that answers your question.

PRESIDING OFFICER: (SENATOR DZDYCZ) Senator Fitzgerald.

Do you have any idea why the Chicago Teachers' Union is in favor of this?

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

I guess lightning strikes once. honestly do no* know.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Jones.

Thank you, Mr. President. I rise in oppcsition to this bill. It amazes me that the Gentleman fron the south suburbs of the City of Chicago talk about accountability and who is responsible. The 104  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 whole thrust behind school reform was to get parents and taxpayers and community people lnvolved in the operations of their school. This is why you have a Nominating Commission to get recommendations from the people of the community and have their input as it relate to -- to the type of persons who are to serve on the School Board. And for you to talk about accountability for a system that -- that is not in the area that you directly represent, runs contrary - contrary - you will, of a representative form of government. The people of the City of Chicago: those parents With children in the school system, those parents who don't have children in the school system but are involved in the everyday support of that system, suppcrted this type of operaticn. And the reason Nhy it was given that wayr because studtes have indtcated the more parental involvement you have With the childrenr the better children will perform ln school. NoW you come along with a bill to knock them out, because you -- you talk about, they aren 't accountable. Well, they are the taxpayers of the city; they are the parents of the children; and they are the ones who have been attempting to do a job. If you -- if people are not coming forward, they are not coming forward because their reconnendations have been consistently turned down. I think the Nominatlng Commission has done a great job. But for you to sit cn the outside and try to dtctate what's on the inside of the City of Chicago is not good government. So I -- again, this bill should be defeated, because it goes contrary to What we attempted to do to resolve the dilemma that ge have, and that dilemma is having the community have an interest in their schools. And I urge thls bill to be defeated.

PRESIDING OFPICER: (SENATOR DUDYCZ) Any further discussion? Senator Hendon.

Thank you, Mr. President. You know, -- I'm amazed by this 105  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 - - this bill, not because I am totally against the concept of making the Board smaller or coming up With other kind of reforms. And I talked to my friend about this bill and about his other fine ideas in the area of school reform. And you Would think that if you had the opportunity to get a bipartisan agreement, that someone would take advantage of that opportunity. But I guess my friend chose not to do that. We just passed a bill not too long ago, sponsored by the honorable Senator, Senator Sieben, on referendums for expansion and new operations of gambling in the -- throughout the State, because he said -- and I know my good friend: Senator O 'Malley, that spcnsored this bill, voted for it, and the argument was to get the people involved, to allow the people the opportunity to participate. And it sounded so good. Rang a11 through this Chamber, of getting the people involved. Now, here's a bill that's going to get the people uninvolved. It's going to take the people out of the process. It's golng to ellminate the Ncmlnating Commisslonr and just tell the Mayor af the City of Chicago -- and ny statements are not against the Mayor of the City of Chicago, because one day Senator Dudycz might be the mayor of the City of Chicago, or I nlght be the mayor of the City of Chicago. 7ou never know. Stranger things have happened. Stranger things have happened: especially in thls Body. I just want to say, so it's not against the -- the who, but it's -- it's against the what, the theory and the practice of allowing the Mayor, without any community input whatsoever, to just name the Board. It is wrong. And I'm certainly disturbed, since my very learned friend is critical of the operation of the Chicago public schools. Well, if you 're critical of the Chicago public schools and you need to fix lt, this is a way to make sure that you make sure that more damage is done and that it is not corrected. Now, I am a supporter of the elected schcol board. I've made it clear. I made it clear to the spcnsor, and I -- and have a bill myself i 106  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 i for an elected school board, and I'd have no problem w1th it being a smaller schccl board. But to allow the Mayor of the City of Chicago total autonomyr just a total free handr without any input from the comnunlty Whatsoever: is a bad idea. And it Will make I sure that the peopler the parents - af which I an one, because I I have a son rlght noW in Chicago public schools, on the west side - that they will get even less involved. Because if you have no input at allr then why get involved? And we know we cannot improve the quality of education in our schools without the parents. And I appreciate your indulgence. I have taken Senator Geo-Karis ' advice, and make this short and to the point. Thank you.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Lapaille. SENATOR LaPAILLE: Yes. I would lfke to ask my friend -- tell my friend, Senator Woodyard, that if it's going to be Mayor Dudycz or Mayor Hendcn, I'm coming to Chrisman, Illinols, and 1111 be buying sport coats with you, Babe.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? SENATOR LaPAILLE: Wait...

PRESIDING OFFICER: (SENATOR DUDYCZ) Senatar Lapaille. SENATOR LaPAILLE : A question of the sponsor.

PRESIDING OFFICER: (SENATOR DUDYCZ) Spcnsor indicates he Nill yleld. Senator Lapaille. SENATOR LaPAILLE : Senator O'Malleyr could you tell me how nany school board members belong to the Palos School Dlstrict Board, as well as the 107  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 Oak Lawn School District Board? Just a rough number. I mean, if - - if you don't know the total. Is it more than five each? More than five. Okay. So the Chlcago School Board is at fifteen. Would you say that the Chicago student bady is three times as big as the Palos student body, and Oak Lawn?

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

It is, indeed.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lapaille. SENATOR LaPAILLE: ... tmicrophone cutoffl...say that the population of the City of Chicago is three times as big as Oak Lawn and Palos School District?

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator O'Ma11ey.

It surely is.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lapaille. SENATOR LaPAILLE: Welly in conclusion, we could see here that the sponsor of the bill has dlstricts that have school boards Which Would seem out of llne with tbe ratio that he's trying to draw for the Chlcago School Board, and Would submit to you that to rip the Noninating Commissions out of the process and to lower the Schocl Board where the Chicago School Bcard would be in lower ratio than the current boards in Oak Lawn and Palcs only seems to be taklng representation away. And I would submit that that is probably 1ne of the reasons the PTA association here in Illincls is opposed Eo this billr and I would ask for a No vote. 108  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 i i I

PRESIDING OFFICER: (SENATOR DUDYCZ) i Any further discussion? Senator Palmer, for a second tlme. :

Yes, Mr. Prestdent. I apologize for rising a second time, but this is one of those bills that I feel very strongly about. Itts i one of those vhere those of you Who have argued so eloquently on ! this Floor for local decision makingr I am just -- I contlnue to i be appalled that outside -- those outside of Chlcago should be making these klnds of micromanagement decisions. This is unbellevable. You do not have a right - and I'm going to very blunt about it - you do not have a right, if you are not in Chicago, to make this kind of decision. Now, if this were carried by a Chicagoan, then we could debate this matter among Chicagoans. But tbis is not, and so it is unbelievable to me that thls is put before us who live in Chicago and who have to bear - good, bad or indifferent - what happens there. You make this vote and then ''la-1a'' you're off and out of the sttuation. You don't have that right, and I resent it.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator O 'Malley, to close.

Thank you, Mr. Presldent, Members of the Senate. First, I would like to say to my good friend, Senator Palmer, who I know is disappointed by this: Senator, I was born and raised ln Chicago, and the district I represent includes areas that I Was born and raised in. So I do represent Chicago. Senator del Valle, youdre very critical of your Mayor. Senator Jones, you had a bill which would have allowed Mayor -- that you tntroduced a bill this year that would have allowed Mayor Daley to appoint an interim board without the approval or consent - any input - from the Nominating Commissian. Senator Hendon, you advocate an elected school board, and, you knowr I don 't have a problem with that. I think that's i 109  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 probably a good ideay because a11 I want to do here is see some accountabllity in the educational process - a little more than may be there now. This bill allows an elected mayor, With the consent of an elected city council, to make the appointment. That's hoW . the citizens are going to have input in the process under this legislation. But I subnit to you that if you don't believe that, then, Ladies and Gentlemen of the Senate, the problems in Chicago, in determining accountability, if we can't trust the Mayor and the elected aldermen in the City of Chicagc to do a gcod job on the appointments, well, then the problems in educatlon in Chicago go well beyond just trying to preserve Chicago schocl reform. Al1 this is, isr Ladies and Gentlemen, an opportunity to make more acccuntability in the selection of the members of the Chicago Board of Education. That's a11 it is. Senator Lapailler you would like to see maybe a larger school board. I Wasn't -- really my idea was a -- numerous people Whc came up to me after I introduced this legislation who said, HYou knowy it's not Workable at fifteen. Let's see if we can get it down.'' People asked me to go down to nine. I worked on it with people: talked to them , and they decided after -- and actually I decided that maybe eleven Would Workz because that Would allow a smoother transition - no interlm board; it wculdn't allow anybody who's -- whc's sitting on the Board now to have their seats taken away from them . A smooth transltlon. This is a good idea. It deserves your support. I say to the other Members on the other side of the aisle, if you Want to Work on this in *he House, you want to come up With an elected school board concepty be my guest and do it. Ccne back with an accountability suggestion, and 1'11 work with you on it. I'd ask your support today. Thank you very much. PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1682 pass. Those in favor will vote Aye. Opposed Will vote Nay . And the voting is open. 110  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 Have a11 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 31 Ayes, 27 Nays and none voting Present. Senate Bill 1682, having received the requlred constitutional majority, is declared passed. . Senator Demuzlo, for what purpcse do ycu rise? SENATOR DEMUZIO : Well, let's see lf everybody's here. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzlo is seeking veriflcation of the affirnative vote. Will a11 Senators be in their seats. The Secretary will read the affirnative votes. ACTING SECRETARY HAWKER: The followlng Members voted in the afflrmakive: Barkhausen, Burzynski, Butler, Cronin, DeAngelis, Dillard: Donahue, Dudycz, Ralph Dunnr Fawellr Fitzgerald, Geo-Karis, Hasara, Karpiel, Klemm, Lauzen, Madigan, Mahar, Maitland, O 'Malley, Peterson, Petka, Raiear Rauschenbergerr Sieben, Syverson, Topinkar Watsony Weaver, Woodyardr and Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) Does Senator Demuzio question the presence cf any Member voting in the affirmative? SENATOR DEMUZIO: Senator Maitland . PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Maitland 's in the -- in the Chamber. SENATOR DEMUZIO: I thought maybe he'd been sitting in the Chair long enough, he might have stepped out to get a Coke. Senator Barkhausen. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Barkhausen's in his seat. SENATOR DEMUZIO : Senator Mahar. 1l1  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 I

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mahar's in his seat.

Senator Peterson.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Peterson's in hls seat.

Senator Hawkinson.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson?

Oh. We just wanted to thank him. Thank you very much, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) On a verified roll call, the Ayes are 31, the Nays are 27, and none voting Present. Having received the required constitutional majority, Senate Bill 1682 is declared passed. On the Order of 3rd Reading, Senator Phllip, on Senate Bill 1685. Senate BLll 1686. Madam Chairman <sicl, read the bill. Out of the record. senator Philip, for what purpose do you rise?

Thank you, Mr. President. I have 1685 through 1688 that I'd like to just skip over, and when you get to 1694, I'd like to call it, please.

PRESIDING OFFICER: (SENATOR DUDYCZ) On the Order of 3rd Reading, Senate Bill 1690. Senator Maitland. Senate Bill 1691. Senator DeAngelis. Madam Secretary, read the blll. Senator DeAngells, do you wish this bill returned to 2nd Reading for the purposes of an anendment? SENATOR DeANGELIS: Absolutely.

PRESIDING OFFICER: (SENATOR DUDYCZ) I 112  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 Senator DeAngelis seeks leave of the Body to return Senate I Bill1691totheOrderof 2nd Reading for the purpose of an 1 amendment. Hearing no objection, leave is granted. On the Order of 2nd Readlng is Senate Bill 1691. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No . 4, offered by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngells. SENATOR DeANGELIS: Thank you, Mr. President. Amendment No. 4 is basically a technical anendment. What it does, it deletes everythlng in the bilk and puts it back in, because of a tracking problen that occurred when we tabled Amendment No. 1.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, all in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?

No further anendments reported, Mr. President. I

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1694. Senator Philip . Senator Philip, do you wish this bill returned to the Order of 2nd Readkng for the purpose of an amendment? Senator Philip seeks leave of the Body to return Senate Bill 1694 to the Order of 2nd Reading for the purpose of an amendment. Hearing na objection, leave is I granted. On the Order of 2nd Reading is Senate Bill 1694. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 2, offered by Senator Philip.

PRESIDING OPFICER: (SENATOR DUDYCZ) ll3  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20: 1994 Senator Philip.

Thank you, Mr. President and Ladies and Gentlemen of the -- of the Senate. Amendment No. 2 is a committee anendment. It does twc things. It provides that a state's attorney will have the I option of transitional <sic> immunity or, secondly, immunity in i a1l criminal cases. Was discussed very thcroughly in committee. It's a committee amendment. I move its adoption. !

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, al1 in favor, say Aye. Opposedr Nay. The Ayes have it, and the amendment is adcpted. Any further Floor amendments approved for consideratlon?

No further amendments reportedz Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the top of page 6, Senate Bill 1698. Senator Philip, do you wish this bill returned to 2nd Reading for purposes of an amendment? Senator Phillp seeks leave of the Body to return Senate Bill 1698 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave ls granted. On the Order of 2nd Reading is Senate Bill 1698. Madam Secretary, are there l any Floor amendments approved for consideration? ACTING SECRETARY HAWKER: : Amendment No. 3, offered by Senator Philip. I

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip. I

Yes. I believe that I have a committee amendment once again. ! Would ask permission to put it back to 2nd Reading for the purpose ! of an amendment. Oh! It's there. I'm sorry. I haven't been paying attention. Amendment No . 3 does one thing, and ëf you ; violate the Firearm Owner's Identification Card, it raises the ' 114 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20z 1994 penalty from -- on the second offense to a Class 4 felony, one to three, or -- and a ten thousand -- up to a ten-thousand-dollar fine. It's a committee amendment. I move its adoption. PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, those in favor, say Aye. Opposed, Nay. The... And the anendment is adopted. Any further Floor amendments approved for consideration, Madam Secretary? ACTING SECRETARY HAWFER: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading . Senate Bill 1702. Senatar Rauschenberger. Madam Secretaryr read the bill. ACTING SECRETARY HAWKER: Senate Bill 1702. (Secretary reads title of bill) 3rd Readlng of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senatcr Rauschenberger. SENATOR RAUSCHENBERGER: Ladies and Gentlemen of the Senater in -- in an effort to make room in the Statute books for some of Senator O 'Malley's and Senator Dehngelis' work, I've -- I've Worked with staff to cull through some older chaptersz includlng the the Street Railroad Right of Way Act from 18997 some laws that -- that -- some laws that deal with party line violations and failure tc yield party lines, which was enacted in 1959: a whole series of laws requiring reports to be submitted to the General Assenbly during the seventies and the early eighties; as well as the Acts that relate to the Constitutional Convention: which took place in 1970. This is basically an effort to clean up Acts that are no longer effective or necessary in the in the Statutes. The bill has been around for over two months. We've responded to every 115  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day Aprll 20, 1994 department that had questions or concerns. We had one prgblem with the City of Chicago. Senator Demuzio and Worked on an amendment to make sure that -- that the Section that they Were concerned about was removed from the billy so it rematns in the Statute. In the interest of getting us out of here at 4 o'clock: just like we started at 12p would solicit a favorable vote.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If nok, the question is, shall Senate Bill 1702 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have al1 voted who wish? Have al1 voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 37 Ayes, 15 Nays and 1 voting Present. Senate 3i1l 1702, having received the required constltutional majority, is dectared passed. Senate Bill 1705. Senator Phitip, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.

I'd kind of like to bring the Members up to date What I think the schedule's going to be. And I have talked to Senator Jones and we have come to this conclusion -- and -- and we will pass something out in Writing in the next fifteen or twenty minutes. The intention today would be run t111 5:30, 6 o'clock, and then have the comnittee hearings after We adjourn. We Wl11 have a Republican Caucus at 8 o'clock in the morning, 8 to Committees Will run tomorrow from 9 to 1l. We Would intend to come in Session at 12:30 tcmorrowr after the program for the Holocaust, and -- and run late until we get everythlng done. And then we would adjourn and ccme back on May 4th at noon. So that ought to make -- and 1'11 tell ycu why we've -- Ne've decided to ll6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 1 do this. As you knowy the House has changed their rules. They I extended their deadlines for two more weeks. That's fine. But we're not going to have much here to do, and there's no sense in wasting taxpayers' money down here in that week, and so our intention is to come back on May 4th. '

PRESIDING OFFICER: (SENATOR DUDYCZ) On the Order of 3rd Readingy Senate Bill 1705. Madan Secretary, read the bill.

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

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.

Thank you: Mr. President and Ladies and Gentlenen of the Senate. This bill does two things. The first thing it does ls the major portion of the bill. It adds ''armed violence'' to the list of offenses covered...

PRESIDING OFFICER: (SENATOR DUDXCZ) I beg your pardon, Senator Dillard. One second. Senator Dillard.

e..everybody's excited with that new schedule. The first thing this bill does is it adds ''armed violence'' to the list of offenses covered by felony murder under the Death Penalty Statute. It allows the court or jury to consider imposing the death penalky for murder committed during *he commission of an armed viokent offense, and armed violence is the commission of a felony ! while armed with a dangerous weapon. The second portion of the bill is just merely a technical changer bringing scme streetgang language ënto eompliance with other portions of the Statute, and 117  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 it is nonsubstantive. And I believe this is another attempt to -- I to give prosecutors not only the tools to -- to deal with -- with firearms offenses and other things of that nature, but also is a deterrent to the commission of -- of felony activities with a firearm or -- or some type of dangerous Weapon. And I Wculd seek . itS approval. E I PRESIDING OFFICER: (SENATOR DUDXCZ) r Any discussion? If not, the question is, shall Senate Bill 1705 pass. Those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a1l voked who Wish? Take the record. On that question, there are 56 Ayesr no Nays and none votlng Present. Senate Bil1 1705, having received the required constitutional majority,isdeclaredpassed. SenateBill1706. Senator Philip. j Senate Bill 1709. Senator Maitland. Senate Bill 1710. Senator Maitland. Senate Bill 1716. Senator OfMalley. Senator O'Malley, do you wish this b1l1 returned to the -- to 2nd Reading for the purposes of an amendment? Senator O'Malley seeks leave of the Body to return Senate Bill L716 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1716. Madam Secretary, are there any Floor amendments approved for consideration?

Amendment No. 1, offered by Senator O'Ma11ey.

PRESIDING OFFICER: (SENATOR DUDYCZ) SenatorO'Ma11ey. 1

Thank you, Mr. Presidentr Members of the Senate. Amendment No. l merely adds some language -- it actually deletes the original bill, becomes the blll, and it -- it -- and it contains a lot of negotiated and agreed provisions that were requested by the I I 118  E STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i i 107th Legislative Day April 20r 1994 committee and by others who are interested in this issue. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not -- Senator Cullerton. SENATOR CULLERTON : This just 2nd Reading? Thank you. ' PRESIDING OFFICER: (SENATOR DUDYCZ) The question is -- those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration? ACTING SECRETARY HAWKER : No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the Order of 3rd Reading, Senate Bi11 1721. Senator Karpiel. Madam Secretary, read the bill. ACTING SECRETARY HAWKER : Senate Bill 1721. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Karpiel. SENATOR KARPIEL: Thank you, Mr. President. 1721 is the replacement of Senate Bill l72 siting -- siting bill, the siting legislation fcr landfills: et cetera, in the State. There evidently was a -- a ccurt case in the southern district of Illinois where the local siting process was declared unconstitutional. This bill is ln response to that court caser to change the problem that the judge had with Lhe billr and it requires that -- a regional pollution control facility is defined as any waste stcrage site, sanitary landfilly waste disposal site, Waste transfer station, Waste treatment facility or incinerator that accepts waste from and/or serves an area that exceeds or extends over the boundaries of any l19 j  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i ' 107th Legislative Day April 20, 1994 local general purpose unit of government. And that's -- that is the definition. It removes the term Hregional'', and other than j I that, it basically is the same as the original SB172. PRESIDING OPFICER: (SENATOR DUDYCZ) Any discussion? If not, the questlon is, shall Senate Bill i I 1721 pass . Those in favor wilt vote Aye. Opposed will vote Nay. I And the voting is open. Have a11 voted Who wlsh? Have a11 voted who wish? Have a1l voted who wlsh? Take khe record. On that question, there are 56 Ayes: no Nays, none Ksic> (l) votlng Present. And Senate Bill 1721, having received the required constitutional majority, is declared passed. Senate Bil1 1724. Senator Mahar. Madam Secretary -- Senatcr Mahar, do you wish this bill returned to 2nd Reading for the purposes of an amendment? Senator Mahar seeks leave of the Body to return Senate Bill 1724 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Readlng is Senate Bill 1724. Madam Secretaryr are there any Floor amendnents approved for consideration? ACTING SECRETARY HAWKER : Amendment No. 3, offered by Senator Mahar. PRESIDING OPPICER: (SENATOR DUDYCZ) Senator Mahar. SENATOR MAHAR : Thank you, Mr. President. The original portion of the bill dealt with voluntary environmental audits and establishlng a privilege. This amendment further clarifies that process, and I would move the adoption of Floor Amendment No. 3. PRESIDING OEFICER: (SENATOR DUDYCZ) Any discussion? If not, the question...lmachine cutoffl... A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 120 !  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20r 1994 Any further Floor amendments approved for consideration? i ACTING SECRETARY HAWKER: I I No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the Order of 3rd Readlng , Senate Bills. Senakor Madigan, on Senate Bill 1728. Senate Bill 1730. Senator Hawkinson. Senate 3i11 1733. Senator Maitland. Senate Bill 1747. Senator Donahue. Senate Bill 1751. Senator Barkhausea. Madan Secretary, read the bilt.

Senate Bill 1751. (Secretary reads title of bil1) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Barkhausen.

Thank you, Mr. President. Senate Bill 1751 isr like some of my other bills, a reconmendation of the National Conference on Uniform State Laws. It seeks to create an alternatlve to probate for the transfer on death of an interest that a person has in a security, stocks and bonds, or a securlties account. IE allows for the designation of a beneficlary on a securlty so that the security or securities account wouldn't have to go through probate. And in addition to providing an alternative to probate, tt creates an alternative to the really unwise move that some people take gith their property, which is to create joint tenancy accounEs. I'd be glad to answer your questkons, otherwise urge yoursupport. j PRESTDINGOFFICER: (SENATORDUDYCZ) 1 Is there any discussion? If not, the question is,sball l Senate Bill 1751 pass. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have al1 voted who wish? I l21  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 Have all voted who wish? Have al1 voted who wish? ...the record. On that question, there are 31 Ayesy 26 Nays, l voting Present. And Senate Bi11 1751, having received the required constitutional majority, ls declared passed. If you turn your Calendars to the Middle of page 9, on Senate Bills on the Order of 3. rd Reading, we will go to Senate Bill 1819. Senatar Klemm. Madam Secretary, read the bill. Senator Klemm z do you Wish this bill returned to the Order of 2nd Reading for the purposes of an amendment? Senator Klemm seeks leave of the Body to return Senate Bill 1819 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objeceion, leave is granted. On the Order of 2nd Reading is Senate Bill 1819. Madam Secretary, are there any Floor amendments approved for consideratlon?

Amendment No. 2, offered by Senator Klemm.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm.

Thank youw Mr. President and Ladies and Gentlemen of the House. What we've done on Amendment No. 2 is delete a provision of the Secretary of State kn verifying a vehicle ID number with a registration plate number, because that information is normally not available on a kickety and this would actually reduce the amount of vork that has to be done. And move its adoption.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, al1 those in favor, say Aye. Opposed, Nay. And the Ayes have it. The amendmenk is adopted. Any further Floor amendments approved for consideration?

No further anendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Senate Bill 1825. Senator Lauzen. Chair is l22  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislatlve Day April 20, 1994 I prepared to accommodate any Member who wishes -- who has their bill on 3rd Reading and would wish that bill to be heard this afternoon. We will go to that Order of Business. Senator Carroll, for what purpase do you rise? SCNATOR CARROLL: ' Thank you: Mr. President. On page 3 is Senate Bill 1253, to which we had an agreed amendment earlier this afternoon.

PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Carroll seeks keave of the Body... Senatorr the Chair has been informed that amendments that have not been placed on the bills, we Will not call those bills. We'1l get to that Order tomorrow, Senator. Senator Donahue, for what purpose do you rise?

On the bottom of page 6, Senate Bilk 1747. 5f you would like me to move that -- call that, I Would be nore than happy to.

PRESIDING OFFICER: (SENATOR DUDYCZ) On the Order of 3rd Reading, Senate B1l1 1747. Mr. Secretaryr read the bill.

Senate Bil1 1747. (Secretary reads title of bill) 3rd Reading of the bill.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue.

Thank your Mr. President. Senate 3i11 1747 requires DCPS child protection investigators to complete a six-hour training course in investigative training, and it gives the date by Whtch thls needs to be completed by, and it is January 1st of 1996. The amendment takes out all the monetary stipend that we were going to provide, and so there's no fiscal impact to the State. It just sinply gives a training course, and T would move for its approval. ' I 123  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 i PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question tsz shalt Senate Bill 1747 pass. Those in favor will vote Aye. Opposed Witl vote Nay. And the voting is open. Have a11 voted Who Wish? Have al1 voted who wish? Have al1 vcted Who Wish? Take the record. On that question, there are 57 Ayesr no Naysy none vating Present. And Senate Bill 1747, having received the requëred constitutional majority, is declared passed. ...lmicrophone cutofflo..Bill 481. The niddle of page 2. Senator Sutler, do you Wish this bill returned to 2nd Reading for purposes of an amendnent? Senator Butler seeks leave of the Body to return Senate Bill 48l to the Order of 2nd Reading for the purpose of an anendment. Hearing no cbjection, leave is granted. On the Order of 2nd Reading ts Senate Bill 481. Mr. Secretary: are there any Floor amendments approved for consideration? SECRETARY HARRY: Amendment No. 2, offered by Senator Lauzen. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen. SENATOR LAUZEN: Thank you, Mr. President. The -- the second amendnenE to Senate Bill 481 amends the Prevailing Wage Act only ta exclude from the deflnition of ''public works'' a11 fixed Works constructed for use by a school dlstrict for a project that does not exceed twenty-five thousand dollars, or lf the school district is listed on any financial watch list. FRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, a11 those in favor, say Aye. Opposed, Nay. And the voting -- nope. All those in favor, say Aye. Opposed, Nay. The Ayes have iE, and the amendment ls adopted. Any further Floor amendments approved for consideration? SECRETARY HARRY: I 124 I L . -. ..- .. ...- . .  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day Aprll 20, 1994 No further amendments reported, Mr. President.

PRESTDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. Middle of page Senate Bill 1447. Senator Cronin. Senator Cronin, do you wish this bill returned to the Order of 2nd Reading for the purposes of an amendment? Senator Cronin seeks leave of the Body to return Senate Bill 1447 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectiony leave is granted. On the Order of 2nd Reading is Senate B(ll 1447. Mr. Secretary, are there any Floor amendments approved for consideration?

Amendment No. offered by Senator Cronin.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronln.

Thank you very much, Mr. Presidentr Ladies and Gentlemen of the Senate. Senate Floor Amendment No. l to Senate Bill 1447 amends the Environmental Protection Act. provides that dentists who produce potentially infectlous medical waste shalt not be liable fcr civil damages far Waste once has been transferred to a transporter who has a permit to transport and to dispose of The Waste must be managed by tbe dentists accordance with the appropriate department rules and regulations. This passed unanimously in committee. ask for your favorable consideration.

PRESIDING OPFICER: (SENATOR DUDYCZ) Any discussion? If not, a11 those favor, say Aye. Opposed, Nay. And the Ayes have it, and the amendment is adopted. Any further Floor amendmenks approved for conslderation?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 125  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994 i 3rd Reading. Senator Watsonr for Nhat purpose do you rise?

For a purpose of announcement.

PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. .

Yes. Thank youy Mr. President. I'd like to make tWo announcements. One is that the Education Committee will be meeting at 9:30 tomorrow morning in Room A-l in the Stratton Building. Welre pretty well pushed for time, and wefre only going to be there about a half hour, so Ne'd like for the Members to be on time and -- so we can get the order of the business of the committee completed. Also tomorrow morning at 9 o 'clock, due to the concern and the questlons that a 1ot of people have had about Senate Bill 1207 - that's the optometric licensing legislation - we will have Doctor Lopez here, Who Will be back in Room 317, which is right behind the -- in the President's Gallery here, to discuss the education requirements for optometrists. And I know a lot of you have got some concerns and questions, and he wl11 be available for you to talk to about those concerns, and I Would welccme a1l Members to come back and discuss the issue with him. And that's at 9 o'ckock tomorrow morning. Thank you.

PRESIDING OPFICER: (SENATOR DUDYCZ) I would -- I would ask the committee chairmen to withhold any further announcements: pending the end of the activity today. We are -- ue Will be golng now Eo the Order of 2nd Readinq, Senate Bills: to the top of page 2. Senator icpinka, for what purpose do you rise?

. .. tmicrophone cutoffl...the Hea1th Committee Will meet as soon as we are through With Session. and we've just really got to move. Sorry. 126  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

PRESIDING OFFICER: (SENATOR DUDYCZ) On the Order of Senake Bills 2nd Reading, Senate Bill 1168. Senator Cronin. ...Bi11 1311. Senator Molaro. Mr. Secretary, read the bill.

Senate Bill 1311. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Instltutions adopted Anendment No . 1.

PRESIDING OFFICER: (SENATOR DUDYCZ) Have there been any Floor amendments that have been approved for consideratlon?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd -- 3rd Reading . Senate Bill 1715. Senator Ralph Dunn. Mr. Secretary, read the bill.

Senate Bill 1715. (Secretary reads title of blll) 2nd Reading of the bill. The Committee on State Government Operations and Executlve Appointments adopted Amendmenks 1, 2 and 3.

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

Amendment No. 4, offered by Senator Klemm.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 127  STATE OF ILL:NOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994 Senate Amendment Nc . 4 to Senate Bill 1715 takes care of a problem that I have in my district. I have a township that has an o1d township hall - over a hundred years o1d - that it's not been used for a long time, and they would like to transfer to the County Historical Society. Unfortunately, since the building is not being used, there ls no provision under existing law to allow a township to transfer this far the public use to preserve this, I think, historic monument. So what Senate -- the Anendment No. 4 does to Senate Bill 1715 is to allow the township to provide the transfer as long as it's used for its purpose for the historical preservation, and it Would allcw them to make that transfer. And do ask for your adoption of the amendment.

PRESIDING OFFICER: (SENATOR DUDXCZ) Any dlscussion? If notr Senator Klemm noves the adoption of Senate Bil1 No . 4 -- Senate Amendment No. to Senate Bi11 1715. All those in favorr say Aye. Opposed, Nay. And the Ayes have and the amendment is adopted. Any further amendments?

Amendment No. 5, offered by Senator Ralph Dunn.

PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Ralph Dunn.

Thank you, Mr. President. Senate Amendment 5 to Senate Bill 1715 is a technical correction. It corrects an LRB typographical error. I move its adoption.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, Senator Dunn noves the adoption of Floor Amendment No. 5 to Senate Bill 1715. Those in favor, say Aye. Opposed, Nay . The Ayes have and the amendment is adopted. Any further amendments?

Amendment No. 6, offered by Senator Ralph Dunn. 128  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20, 1994

PRESIDING OPPICER: (SENATOR DUDYCZ) ; Senator Dunn. I

Thank youg Mr. President. Amendment No. -- Floor Amendnent No. 6, Senate Bill 1715, provides -- it's an IDOT - Illinois Department of Transportation - amendment. Provldes for three small land conveyances: two in Sangamon County and one in Grundy County. The two in Sangamon County are for s(x hundred and six hundred and sixty dollars respectively. The one ln Grundy County just releases some land that has been used for a road for a long tkme. It just abandons it. The State wants to abandcn lt so they won't have any more liabiltty. There's no consideratian. It's not transferred to anybody; it's just an abandonment. I mcve for the adoption of those two amendments -- or, the other amendment.

PRESIDING OFFICER: (SENATOR DUDYCZ) Any discusslon? If not, Senator Dunn moves the adaption of Floor Amendnent No. 6 to Senate Bill 1715. Those in favor, say Aye. Opposed: Nay. The Ayes have it, and the amendment is adopted. Any further amendments?

No further amendments reported, Mr. President.

PRESIDING OFPICER: (SENATOR DUDYCZ) 3rd Readlng. END OF TAPE 1 TAPE 4 PRESIDING OFFICER: (SENATOR DUDYCZ) I ! Messages. i 1 I l29  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 107th Legislative Day April 20# 1994

A Message from the Presldent. Dear Mr. Secretary - Pursuant to Rule 2-10 of the Rules of the Illinois Senate of the 88th General Assembly, the Senate schedule should .be changed to reflect these changes: The Senate Will not neet in regular Session on April 26th, April 27th, April 28th and May 3rdr 1994. The Senate will meet in regular Session on May 9th, 1994. Perfunctory Sessions of the Senate are to be scheduled for April 26th, April 28th and April 29th, 1994. Signed by President Philip.

PRESIDING OFFICER: (SENATOR DUDYCZ) Committee Reports.

Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: Referred to the Committee on Educatian Senate Amendment 4 to Senate Blll 1323, and Senate Amendment 3 to Senate Bill 1716.

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

Message from the House by Mr. Rossi, Clerk . Mr. President I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which am lnstructed to ask the concurrence of the Senate, to Wit: House Bill 2612. We have like Messages on House Bills 2635, 2639, 2642, 2645, 2924, 2931: 3081: 3108, 3128, 3192, 3197, 3244, 3258, 3273, 3328, 3407, 3485, 3487, 3518: 3551, 3561, 3582 and 3587. A11 passed the Hause, Aprtl 20th, 1994.

PRESIDING OFFICER: (SENATOR DUDVCZ) 130  STATE OF ILLINOIS 88TH GEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 107th Legtslative Day April 20, 1994 Resolutlons. SECRETARY HARRY: I I Senate Resolution 145 Ksic> (1295), offered by Senators Cronln I and Hawkinson and Topinka. Itfs substantive. Senate Resolution 1289 is offered by Senator Berman. Senate Resolution 1290 and 1291, by Senator Rea . Senator Dudycz offers Senate Resolution 1292 and 1293. And Senate Resolution 1294 is cffered by Senator Watson. They're a11 congratulatory, Mr. President.

PRESIDING OFFICER: (SENATOR DUDYCZ) Consent Calendar. Senator Donahue, for what purpose do you rlse?

For the purposes of an announcement and to remind my Republican colleagues that We have an 8 o'clock caucus. I understand that there are other activities that We Will have to miss, but please, please, be prompt. 8 o'clock, Pate Philip's Office, in the morning.

PRESIDING OPFICER: (SENATOR DUDXCZ) Senator Madigan, for what purpose do you rise?

Thank you, Mr. President. Purposes of an announcement. Upon conclusion of the business -- cur business here on the Floor, the Insurance Committee will convene immediately. So I would ask the Members to be pronpt, in Roam 400.

PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Fawell, for what purpose do you rise?

To correct my last announcement. The Transportation Committee will noW meet at 9 o 'clock - 9 o'clock - in Room 40G. I PRESIDING OFFICER: (SENATOR DUDYCZ) j I l31  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 107th Legislative Day April 20, 1994 Senator :arpiel, for Nhat purpose do you rise? SENATOR KARPIEL: Thank ycu, Mr. President. Just to announce that the Executive Committee will meet tomorrow at 10 o 'clock in Roon 212. We have several amendments, and the sooner we get there, the sconer wedll get out. We a11 Nant to go home tomorrow. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Topinka, for what purpose do you rise? SENATOR TOPINKA: I think I'm now in order. Anyway, the Senate Health Committee - to correct - is not - not - going to meet in A-1 in the Stratton. We will meet right here on the Floor, right after Sesslon. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hawkinson, for what purpose do you rise? ' SENATOR HAWKINSON: Thank you, Mr. President. Purposes of an announcenent. The Judiciary Committee will meet at 9:30 tomorrow morning, in Room 212. Now that's a change from our normal room, which has been 400, but I've been advlsed that the Judiciary Committee Witl meet at 9230, in Rocm 212. PRESIDING OPPICER: (SENATOR DUDYCZ) Is there any further business to come before the Senate? If not, Senator Topinka moves the Senate stand adjourned until 12:30 p.m ., Thursday: April 21st. 132 I ..** - ;t REPORT:TIFLDAY STATE OF ILLINOIS 9V/11/0R PAGE: 001 88TH GENERAL ASSEHBLY 11:01:13 SENATE DAILY TRAKSCRIPTION OF DEBZTE INDEX APRIL 20r 199% SB-0R81 RECALLED PZGE 12V 88-1133 SECOND READING PâOE 8 SB-11V6 THIRD READINC PZGE :0 I SB-1172 RECALLED PâGE 12 sB-1181 THIRD READING PZGE 13 SB-1186 RECALLED PAGE 11 SB-1200 RECALLED PAGE 16 88-1223 THIRD READING PâGE 1T :8-1228 THIRD READING PZGE 28 58-1229 SECOND REâDING PâGE 8 :8-1253 RECALLED PAGE 31 SB-127R RECALLED PâGE 32 83-1299 THIRD READING PZGE 3% :B-1311 SECOND REàDING PAGE 127 88-1318 SECOND READIMG PAGE 9 58-1323 RZCALLED PAGE 35 SB-132R RECALLED PAGE 38 58-1336 RECALLED PAGE M0 sB-13VR THIRD READING P2CE :6 58-1357 THIRD READING PAGE 71 s8-1366 THIRD READING PAGE 72 SB-1k%7 RECALLED PAGE 125 SB-1V56 THIRD READING PAGE 75 SB-1%73 THIRD READING PAGE 80 3B-1k77 THIRD READING PZGE 89 SB-1516 RECALLED PAGE 91 58-1522 THIRD READING PAGE 92 38-1567 THIRD READING PAGE 9: 38-1620 THIRD READING PAGE 96 38-1628 THIRD READING PZGE 96 SB-16V9 RECALLED PAGE 100 38-1682 THIRD REZDING PZGE 101 SB-1691 RECALLED PAGE 112 sB-169k RECALLED PZGE 113 58-1698 RECALLED PAGE 11R SB-1702 THIRD READING PAGE 115 SB-1705 THIRD REZDIMG PAGE 11T SB-1715 SECOND REZDING PAGE 127 SB-1716 RECALLED PAGE 118 SB-1721 THIRD REZDING PAGE 119 SB-1T2V RECZLLED PâGE 120 sB-17R6 SECOND READING PZGE 9 SB-17k7 THIRD READING PAGE 123 SB-1751 THIRD REZDING PZGE 121 SB-1819 RECALLED PâGE 122 5R-1283 ZDOPTED PZGE V 3R-1283 RESOLUTION OFFERED PàGE 3 SR-128k RESOLUTIOV OFFERED PZGE 6 sR-1285 RESOLUTION OFFERED PâGE 6 5R-1286 RESOLUTIOV OFFERED PAGE 7 :R-1287 RESOLUTION OFFERED PAGE 1 3R-1288 RESOLUTIOM OFFERED PAGE 1 5R-1289 RESOLUTIOK QFFERED PAGE 131 88-1290 RESOLUTION OFFERED PâGE 131 SR-1291 RQSOLUTIQK CFFERED PAGE 131 5R-1292 RESOLUTION OFFERED PAGE 131 5R-1293 RQSQLUTION OFFERED PAGE 131 SR-129k RESOLDTION OFFERED PZGE 131 58-1295 RESOLUTIQN OFFERED PAGE 131 *HJR-0035 RESOLUTION OFFERED PZGE 6 SJB-OIRR RESOLUTIQN OFFERED PZGE 7 !  0* ' Q REPORT: TIFLDAY STZTE 0F ILLINOIS 9V/11/0R PàGE: 002 88TH GENERAL ASSEHBLY 11:01:13 I SENATE i DAILY TRANSCRIPXION OF DEBATE INDEX APRIL 20, 1994 SUBJECT HATTER SENATE TO ORDER-PRESIDEVT PHILIP PZGE PBAYER-REVEHEND JOSEPH EBY PAGE JOURNALS-POSTPONED PAGE 1 INTRODVCTION OF GDEST-SENATOR R. DUNN PAGE 1 GUEST SPEAKER COACH CORN PAGE 2 INTHODECTION OF GUEST-SEVATOR DONAHUE PAGE 3 GUEST SPEâKER-AHY ROSE HAGUIRE PAGE li COMHiTTEE REPORTS PAGE 11 HESSAGE FROH THE HOUSE PAGE 6 COMHITTEE REPORTS PAGE 67 COMMENTS ON THOMZS J. STACK PAGE 68 HESSAGE FROH THE PRESIDENT PAGE 130 COMHITTEE REPORTS PZGE 130 HESSAGES FROH THE HOUSE PAGE 130 ADJOURNHENT PAGE 132 k - . - . - . -