Illinois Senate Floor Debate — June 15, 1994

Reading of the Journal. Senator Geo-Karis. 1 SENATOR GEO-KARIS: . ! I Mr. President: 5 nove that reading and approval of the J Journals of Friday, June 10th7 Mondayy June 13th) and Tuesdayr j June 14th, in the year 1994, be postponed, pending arrival of the I Printed Journals. PRESIDENT PHILIP: ; Senator Geo-Karis moves to postpone the readlng and *he I ' approval of the Journalz pending the arrival of the printed i transcripts. There being no objectionr so ordered. House Bills 1st Readlng. , SECRETARF HARRV; 1 I House Bill 3210, offered by Senator Madigan. , I (Secretary reads title of bill) I lst Reading of the bill. 1 PRESIDENT PHILIP: I Senator Topinkay for what purpose do you rise?

Yes. Mr. President and Ladies and Gentlemen of the Senate, i Ivv.tmicrophone malfunctionl...and kind of movin: around and j visiting with you and a11 others, Easy Bear. He's a polar bear. I He's having a hard day todayy with ninety-seven degree 1 temperatures . He is from the Brookfield Zoo, and the Brookfield I I Zoo is having thekr Day at the Zoo here, at the Capitol. We have f ' 1  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 over a hundred youngsters over at the Stratton Buildlng who will be there from 10 to 1:30, and they w11l be making crafts and doing things that invalve the zoo and advancing Wtldlife and natural ! habitats and a1l those things. The bear has just taken over. . Okay. And anyway, Senators are certainly invited, and you get to know a btt more about the Brookfkeld Zoo, which is one of the ten most internationally famous zoos in the whole, entire world. It is something we're very proud of in Illinois, and it happens to be in my distrtct. So if any of our Senators would like to have pictures with Easy Bearr he is certainly here, and we will keep him fron taking over the Senate very shortly. PRESIDENT PHILIP: Well, thank your Senator Topinka. That's the shortest bear I've ever met. If I could have your attention for one minute. We're going to do non-concurrences. So if you'll turn to page 9 on today's Calendar, the Order of the Secretary's Deskr Concurrences. The intent of the Chair is to proceed to the Order for the purpose of constdering notions to non-concur. Beatty ! Television has -- and the Illinois Information Service have request permission to videotape. Is leave granted? Leave is ' granted. Non-concurrence, on page 9, at the bottom of the page. I Senate Bill 230. Senator Farley. Senatcr Farley. Take it out of the record. Senate Bill 357. Senator Dudycz. Senator Dudycz. SENATOR DUDYCZ: ! Hel1c ... PRESIDEST puzozp: 1 Read... SECRETARY HARRY: HouseAmendments5and6toSenateBill357. PRESIDENT PHILIP: f i Secretary, read -- read the bill. SECRETARY HARRY: I I 2  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 Senate Bi11 357, With House Amendments 5 and 6. PRESIDENT PHILIP: ! Senator Dudycz. i ;

Thank you, Mr. President. I move that the Senate non-concur with House Amendments No. 5 and 6. I

Senator Dudycz noves to non-concur to Senate Amendment -- House Amendment 5 and 6 on Senate Bill 357. Any discussion? If I not, al1 those in favorr signify by saying Aye. Those opposedr Nay. Ayes have it. The nctions carries, and the Secretary shall inform the House. On page l2# about the middle of the pager Senate Bill 1397 . Senator Fawell. Senator Fawellr I see you I hiding back there. Take it out of the record. On the top of page 13, Senate Bill 1570. Senator Topinka.

! .. . tmicrophone cutoffl...Blll 1570, with House Amendments l and 2.

Senator Topinka . i SENATOR TOPINKA: i Yes. On Senate Bill 1570, I move to non-concur with House Amendment No. 1, but do concur with House Amendment No . 2. House Amendment No. 1 provides, among other things, that no lease entered into by CMS may require rental payments before occupancy, except under extraordinary circumstances. And under extraordinary circumstances, the lease Would be for no longer than one year, and we need to fix that provision in the conference committee. ' I

Yeah. We't1 take it out of the record, Senator. It's a split motion, as you know. Take it out of the record. Senate Bill 1191. 1 Mr . Secreta ry . 3  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 SECRETARY HARRY: Senate Bill 1191, With House Amendment 1. PRESIDENT PHILIP: Senator Klemm . SENATOR KLEMM: Well, thank you, Mr. President. I move to non-concur With House Amendment No . 1 on Senate Bill 1191. PRESIDENT PHILIP: Any discusslon? Any discussion? If not, Senator Klemm moves tc non-concur on Amendment No. -- House Amendment No. 1 to Senate Bill 1191. A11 those in favor, signify by sayin: Aye. Those opposed, Nay. The Ayes have it. The motion carries. The Secretary shall -- shall so inform the House. If I could have your attention. It's the intent of the Chair to proeeed to the Order of Secretary 's Desk, Resolutionsy on page 8 on today's Calendar, and run through the resolutions and eventually get to the Conpensation Review Board. So everybody better pay attention and get here. Senate Resolution 1282. Mr. Secretary, read the resolution. SECRETARY HARRY: Senate Resolution 1282 is offered by Senator Watson. One -- the Committee on Executive adcpted Amendment No. 1. There are no Floor amendments. PRESIDENT PHILIP: Senator Watson. SENATOR WATSON: Yes. Thank youp Mr. President. Senate Resolution 1282 does exactly what the Calendar says. It's an agreemenE that's been worked out between the Department of Mental Hea1th and the impact ' -- cr the individuals involved. It tries to establish a system by which those pecple will be served in the private sector. Rtght now there 's a lawsuit that has been called the Bogart Casey a 4  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 1 . decision made that requires the Department of Mental Health to identify those people that would need the local community ! services, and those people, unfortunately, are the ones who are getting lt now and not necessarily the private sector ones. This asks the Department to try to review that and do mcre within the private community. I ask for 1es adoption.

Are there any questions? Any questions? If not, Senator Watson, to close. A11 right. Senator Watson moves the adoption of Senate Resolution 1282. A11 those in favory signify by saying Aye. Those opposed, Nay. The Ayes have it. The resolution is adopted.

PRESIDISG OFFICER: (SENATOR WEAVER) Senator Dudycz, did you wtsh Senate Resolution 1394 called? Mr. Secretary, read the resolution.

Senate Resolution 1394, offered by Senators Dudycz and Burzynski. The Committee on Executive adopted one amendment. There are no Floor anendments.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz, to explain your resolution.

Thank you, Mr. -- thank you, Mr. President. The resolutkon , as anended, urges Congress to give favorable consideration to five veterans' bills sponsored by U.S. Senator Rockefeller, pending before the -- *he U.S. Senate. What lt doesr lt urges congressional approval of the five veterans ' bills, in an effcrt to expedite the claims processes for our natlon's veterans. And if there are any quesEions, 1'11 be more than happy to entertain them .

PRESIDING OFFICER: (SENATOR WEAVER) I 5  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 Is there discussion? Seeing nonee Senator Dudycz moves the adoption of Senate Resolution 1394. Thcse in favor, signify by saying Aye. Opposed: Nay. The Ayes have itr. The resolution is adopted . Senator O'Malley, on 1470. Mr. Secretary, read the resolu tion .

Senate Resolutlon 1470 # offered by Senator O 'Malley . No committee or Flcor amendments y Mr . President .

PRESIDING OFPICER: (SENATOR WEAVER) Senator O'Malley, to explain the resolution.

Thank you # Mr . President, Members of the Senate . Senate Resolution 1470 directs the Senate Revenue Colmnittee to conduct a study of khe effectiveness of exlsting tax credits r exemptions , deductions, and incentives and fees imposed by State agencies. This -- this is an outgrcwth of the study we conducted pursuant to Senate Resolution 232 . I 'm pleased to have the support , as a cosponsor of this, the Minority Spokesman for the Revenue Conmlittee, and I also would say that the committee Wi11 have the obligation to suppcrt <sic> to *he fu11 Senate and make reconmlendations concerning the performance and -- effectiveness of specific tax expenditures and agency fees, and concerning what changes, if any, should be made. I'd appreciate your support.

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

Thank you , Mr. President. I stand in support of this , and I amy in fact , a cosponsor of the resolution . It 's a logical next step to the work that *he Revenue Committee did the last six months . And in fact , I was one of those Who suggested that We use the Auditor General's report tn 1993 as a basis fcr dolng that kind of analysis. So I wculd urge that our s ide support this 6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 amendment. I

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

Yes. I'd like to ask the sponsor a question.

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

Senator O'Malley, since We 're going to be studying tax credits and exemptions, don't you think it would be a good idea to hold up passlng any this year until we have the results of this study?

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

That's a very interesting question, Senator Welch. I think it Was a rhetorical question, and I appreciate you llghtening the load today. Thank you.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, Senator, do you Wish to close? Senator O 'Malley moves the adoption of Senate Resolution 1470. Al1 those in favor Will vote Aye. Those opposed Will vote Nay. The voting is open. Have all voted Who wlsh? Have al1 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. The resolution is adopted. Senator Rea, on 1560. Read the resolution... Excuse me. I passed over Senator O'Daniel. 0n 1486, Senator O'Daniel. Read the resolution, Mr. Secretary . SECRETARY HARRY: ! Senate Resolution 1486, offered by Senator O'Daniel. 2 No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) Senator O'Daniel. I 7  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15y 1994

Thank you, Mr. President, Members of the Senate. Senate : Resolution 1486 encourages develcpment of alternate energy-productlon facilities for the disposal of solid Waste. T&R Development Corporation has proposed to develop a qualifled solid . waste energy facility in the vicinity of Richland County: Which will be fueled by Illinois waste Wood and cardboard and nonrecyclable paper. They 'll consume some two hundred thousand tons a year. And I'd ask for the adoption.

PRESIDING OFFICER: (SENATOR WEAVER) Is there dlscusslon? If not, the question is, shall Senate Resolution 1486 be adopted. Those in favor Will say Aye. Opposedr Nay. The Ayes have it. The resolution's adopted. Senator Rea r on 1560. Read the resolution, Mr. Secretary.

Senate Resolution 1560, offered by Senator Rea and others. No conmittee or Floor amendment.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Rea, to explain the resolution.

Thank you, Mr. President. Senate Resolution 1560 urges the United States Forest Service to transfer the Dixon Springs Agricultural Center to the University of Illinois, according to the 1936 cooperative agreement. There was a special use permit by the University of Illinois for the Dixon Springs Agricultural experimental plot, and there's slx thousand acres there. We've made quite an investment over the yearsg and according to the 1936 cooperative agreement between Dixon Springs' experimental farm and U.S. Forest service, that this land would be turned over to the Dixon Springs Agricultural Center <sic> upon the completion of a development as a pasture experimental area. And they have been one of the leaders in the no-till crop productionr not only in 8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 Illinois, but in -- in the nation. And this Would encourage them to go ahead and -- and fulfill the agreement. I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If noty Senator Rea moves the adoption . of Senate Resoluticn 1560. Those in favor will signlfy by saying Aye. Opposed, Nay. The Ayes have itr and the resolution 's adopted. Senator Burzynski, on HJR 86. Read the resolutlon, Mr. Secretary.

House Joint Resolution 86, offered by Senator Burzynski. No committee or Floor anendments.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Those of you that have been following the POW-MIA question realize that when the Soviet Union broke upr at the eime of the Vietnam War, that We had over twenty-five hundred American servicemen transferred to the Soviet Union for interrogation. Only about half of those came hcme. Still have quite a feW that are unaccounted for, including about ninety-six in the State of Illinois alone. These people went forth to serve their country with a commitment, and what we're asking for is a commitment from the country to live up to our responslbllity to then . I move for a favorable roll call.

PRESTDTNG OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall House Joint Resolution 86 pass. Those in favor will vote Aye. Those opposed will vcte Nay. The voting is open. Have a1l voted who Wish? Have a11 voted who wish? Take the record. On that questionr the Ayes are 55, the Nays are none <sic> (1), none 9  STATE OF ILLINOIS 4 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 133rd Legislatkve Day June l5, 1994 voting Present. House Joint Resolution 86 is adcpted. Senator Hawkinson, on House Joint Resoluticn 96. Read the resolution, Mr. Secretary.

House Joint Resolutlcn 96r offered by Senator Hawklnson. . No committee or Floor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.

Thank youy Mr. President. House Joint Resolution 96 requests the Illinois Crimlnal Justice Information Authority to draft legistation designed to improve the administratlon of the juvenile justice system and to report back with those recommendations in -- in elghteen months. Senator Stern is a cosponsor of this resolution. Without belng lengthy on this, I don't think it's any secret to anybcdy in Illinois that our juvenile justice system needs reform; that too nany deltnquents and young crtminals know the system backwards and forwards. They know that lf they commit a felony, the first couple of times, that nothin: is really going to happen to them; that when they're finally brought into the juvenile system, that they may get probation under the juvenile system. And before anything really serious or there are any real consequences that occur to a -- to a juvenile offender: they've committed a great number of offenses, and then often they turn seventeen and they start a11 over again in the adult systen. We need to make sone reforms so that we get at the problem of juvenlle crime at a younger age. This task force is designed to explore dlfferent ways of doing that, and I would ask for your affirmative vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the questicn is, shall House Joint Resolution 96 pass. Those ln favor will vote Aye. Those I 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 1994 opposed will vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Take *he record. On that questionr the Ayes are 58y the Nays are none. The resolution is adopted. WAND and WJCS <sic> request permission to film. Is there leave? Leave is granted. Senator Jones, did you .wish to cal1... Senator Woodyard, on House Jolnt Resolution 100. Read the resolution: Mr. Secretary.

House Joint Resolution 100r offered by Senators Woodyard and O'Daniel. No committee or Flcor amendments.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard.

Thank you, Mr. President, Members of the Senate. This resolution is a result of several of the agricultural groups suggesting both to Representative Woolard in the House and myself, the possibility of constructing erecting a statue on the Capitol Conplex that would focus and congratulate farmers for their contribution to the entire economy and the industry of the State of Illinois. And that's basically What it does. There would be no tax funds (nvolved. It Would be a11 private contributions. As a matter of fact, a sculptor who resides in Illincis has already expressed interest in doing this. He is a world-renowned sculptor by the name of Marshall Mitchell, from Pleasant Plains, Illlnois. And With that, I'd be glad to answer any questions or urge the adoption of House Joint Resolution 100.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussicn? If not, the question is, shall House Joint Resolution 100 pass. Those in favor will say Aye. Those opposed will say Nay. The Ayes have The resolution's adopted . Senator O'Daniel, cn House Joint Resolution Read the 11  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 133rd Legislative Day June 15, 1994 resolution, Mr. Secretary.

House Joint Resolution 124, offered by Senator O dDanlel. The Committee cn Executlve adopted one amendment. There are no Floor amendmenks. .

PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Daniel.

Thank you, Mr. President, Members af the Senate. House Joint Resolution 124, as amended, deals With global climate change and I believe it's very important that the Illinois State Water Survey, a division of the Department of Energy and Natural Resources, continue to serve as the State center for scientific research and information related to global climate ehange and also that the task force report to the General Assembly and the Governcr's Sclence Advlsory Committee on its further findings and recommendations by January, 1996. And I'd ask for the adoption of Hcuse Joint Resolution 124.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall House Joint Resolutlon 124 pass. Those in favor will say Aye. Opposed, Nay. The Ayes have it. The resolution's adopted. Senator Topinka. Senator Topinka. Read the resolution, Mr. Secretary.

House Joint Resolution -- House Joint Resolution 154, offered by Senator Topinka. No committee or Floor amendments, Mr. President.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Tapinka. SENATOR TOPINEA ; i Yes. Mr. Presldent and Ladies and Gentlemen of the Senater I this creates the Medicaid Funding Advisory Committee within the ; 12  STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 I Illinois Department of Public Aid. Baslcally, What thls would do Would be to meet and take a11 necessary steps to have the State of Iltinois receive the maximum benefiks according to the alternative models that are now proposed by the U.S. Government Accounting Office formula for the reimbursement ko states for medical l services provided under the Medicaid program, adopted through the Medicaid Funding Advisory Committee. Right now Illinois only receives fifty percent reimbursement from the federal government for medical services, Which is kind of low for midwestern states, and we are hopeful that this committee would have the wherewithal to be able to lobby Congress and get a better rate for us, so that indeed we do get a more fair distribution of dollars here for Medicaid in the State.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the question is, shall House Joint Resolution 154 pass. Those in favor will -- Will vote Aye. Those opposed wl1l vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted Who wish? Take the record. On that questlonr the Ayes are 58, the Nays are ncne. House Joint Resolution l54 ls adopted. Senator O'Malley. Mr. Secretary, Will you read Senate Joint Resolution 143. '

Senate Joint Resolution 143, offered by Senator O tMalley and others. No committee oc Floor amendments.

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

Thank you, Mr. President and Members of the Senake. The U.S. Constitution reserves to the states and to the people al1 powers not otherwise enumerated and granted to the federal governnent by the U.S. Constitution. The Tenkh Amendment to the U.S. I 13  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 Constitution states in particular the following -- the -- quote: ''The powers not delegated to the United States by the Constitution, nor prohibited by lt to the States, are reserved to the States respectivelyr or to the people.'' End of quote . We a1l I . know here that we hear about Staee mandates on.federal government. Well, many federal mandates are dtrected in violation of the Tenth Amendment to the Constitution of the United States. Thls was specifically stated in a recent Supreme Court case, and a very important one for al1 of us to take note oC. The U.S. Supreme 1 Court ruled in New York versus the United Statesr in 1992, that Congress may not simply commandeer the legislative and regulatcry processes -- processes of the states. This resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective tmmedkatelyy nandates that are beycnd the scope of its constttutionally delegated powers. I want to share with you some of the comments made by Justice O 'Connor in writlng the -- the majority opinion in New York versus United States: Where the federal government eompels states to regulate, the accountabtlity of both state and federal officials is dlninished. Where the federal governnent directs the states to regulate, it may be state officials who will bear the brunt of i public disapproval, while the federal offlcials who have devlsed the regulatory program may renain insulated from the -- electoral ramifications of their decision. Accountability is thus diminished when, due to federal coerciony elected state officials cannot regulate in accordance with *he views of the local electorate in matters not preempted by -- by federal regulation. I would appreciate any questions, and I'm prepared to respond to any questions there may be about this resolution. But I can say to the entire Senate that I consider this very importante not only to our future as a State Body, not only to us as representatives of the people fron cur districtsy but also to the citizens of the j i 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 entire nation and the legislators that represent then in the various state legislative chanbers across this country. Again, I'm open to any questions you may have.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Joint Resolution 143... Excuse mey Senator Welch. I didn't see your light.

Yes. Thank you, Mr. President. This argument before this Body is reminiscent of re-creating the Lincoln-Douglas debates: because it belongs in that same era, and it should have about as much effect. It should be relegated to that same era and left on that trash heap. In the State of Illinols, over one hundred years ago Illinois took a stand about state sovereignty: and the legislators in the House and Senate at that time felt so strong that states' rights was put on the ash pile of history, that they put it on the Illinois Flag. And if you looked at the Illinois Flag today, you'll see a slogan: ''State Scvereignty - National Union''. This Legislature, many years agoy passed a law to take the word sovereignty, put it on the State Flag and put it on upslde-down. And if you look at the Illinois Flag tcday, the slogan ''State Sovereignty - Natlonal Union''# the word sovereignty is upside down. And so is this ldea. It makes no sense to do this. The State cannot do this. We know that -- what the reaction of the federal government would be and that is to cut cff noney coming to the State, Whether it's road money, Whether it's health care mcney. Any funds that Ehey send usy they Will cease sending to us. This is an exercise in futility for a group of rlght-wing, fanatical groups who want to do this, who misread the Constitution and try to bring it down to -- to us to legitimize their right-wing views. A1l of us should be voting No. This issue was voted on over one hundred years ago, and We should be 15 I  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legîslative Day June l5, 1994 1 , continuing that same tradition and vote No .

PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.

Thank you, Mr. President. I want to support what Senator Welch has sald. There is a reason that we ln 1994 are no longer having to deal with states' rights issues, and I Want to remind you of the tragic and terrible history of this country when we permièted sections of the United States to decide unilaterally Who would be a cltizen, who would receive benefits, who Would even be acknowledged as a human being . We do not need to go backward to that era. I know that Senator O'Malley is merely trying - at least I think that's what he's trykng to do - to keep us from unfunded mandates. Let me suggest to you that there are much better Ways of dolng so. In March, I spent a great deal of time in Europe, meeting with those who are putting the European Union together. As messy as that isy as uneven, believe me# the notion behind it is to form a United Europe. Here We are, on the other hand, talking about fragmenting the United States once again. I suggest to you that this is absolutely the wrong way to go, and that we Will find ourselves in a very precarious situation in the years to eome if this is the direction that we choose to take.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

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

PRESIDING OFFICER: (SENATOR WEAVER) He lndicates that be would.

Senator O 'Malley, is there any possibility that we will lose federal funds, and if so, what flscal impact would that have on 1 16  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 the State of Illinois? PRESIDINGOFFICER: (SENATORWEAVER) 1 Senator O'Malley.

As a matter of factz Senator Hendon, the whole focus of this particular resolution is to eall on the federal government to recognize that there are state privileges; we are a sovereign State. That doesn't mean that we're independent of the Union, but that if they take money from this State, they ought to send it back to the State. No, under no circumstances is this intended to do anything to prevent dollars to come back. It is to encourage that those dollars come back without any price tags on them whatsoever.

PRESIDING OPFICER: (SENATOR WEAVER) Senator Hendon.

Senator O'Malley, is there any possibility - any possibillty - that the State of Illinois Will lose out on federal matching funds, and if so, what impact - fiscal impact - Would that have on our State, which is currently brinkering <sic> on -- on the edge of the -- of -- of self-destruction right now y fiscally? Is there any possibility at a11 of that happening?

PRESIDING OFFICER: (SENATOR WEAVER) Senator O'Malley. Excuse me. Was that a question? Senator O 'Malley.

I -- I think I understood the question. Senakor Hendon, I thùnk you said it again the same way you sakd it the fërst timer and my answer would be the same. This resolution is designed and intended to encourage the federal government to send the money back to us without strings.

PRESIDING OFFICER: (SENATOR WEAVER) 17  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 Senator Hendon. SENATOR HENDON: i Senator O'Malleyr Would -- would you consider desegregation of - - of schcols a -- a mandate from the federal government?

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

Senator Hendon, I -- I mean, you may be a better expert on this issue than I am' but I believe that this Was a declaration originally by the U.S. Supreme Courtr and that -- and that they are the decider of the 1aw of the land, and they -- they told us What was appropriate. And -- and I don't know how you feel that impacts on this particular resolution, but as far as I'm concerned, that is the 1aw of the landr and it is to be respected, not only by the Congress, but by the individual states.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.

Well, in -- in conclusion, I would just like to echo what Senator Palmer said a minute ago. Once you get tnto these individual state rights and get carried away with it, you're going to have a number of states - hopefully not this one - that w(1l begin to rescind the rights of minorities, womenz anyone that is not in power. This is very, very dangerous. I don't think that we would allow any of our cities or counties or villages to -- to come down here and do this and -- and, to a certain degree, say that they tre not a part of the State of Illlnols. And it's wrong for us to say that -- that we can't take any direction from the federal government. I don't -- T dcn't recall anyone from that side of the aisle putting in this kind of legislation when -- when Ronald Reagan was President or when George Bush Was President. So why put it in now that Bill Clinton is President? 18  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Leiislative Day JUnO Z5: 1994 i

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Thank you. To -- first, a point of personal privilege. We're honored to have Senator Lauzen's wife, Sarah, and children over here on this side, or at least -- oop ! There are the other tWo over there. Four of them over there. I think she should be rised <sic> and recognized.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.

Second, to the resclution. Senator Hendon, this is not talking about changing -- changin: federal laws that are in place. Our concern - and I certainly rise in support of this - is over the last few years, we have had a serious problem of the federal government coming in and taking over roles that are for the states. They're taking over our school systems; they 're taklng over our -- our -- our lails. They're coming in and mandating proqrams that they really have no right to do. The Constltuticn gives us the ability and separation of powers, and I think many of these federal judges have forgotten that they are federal judges, not state judges. If they want to be involved in state government, 1et them step down from the federal courts and run for state office. But we need to have a separation of powers, and I strongly support the -- the resolution of Senator O 'Malleyds.

FRESIDIXG OFFICER: (SENATOR WEAVER) Is there further discussion? If not, *he ques*ion is, shall Senate Joint Resolution 143 pass. Those in favor will say Aye. Those opposed. Excuse ne . Dkd you wish to close, Senator O'Ma11ey? Senator O'Ma11ey .

I appreciate the opportunity to make some closing remarks. 19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 Senator Welch, there Was a similar resolution entered previously, I l Senate Resolution 1279, Which you voted for. So I'm a little bit perplexed by your comments today. Perhaps you've rethought your position. Senator Palmer. I don't consider this fragmenting the State. T actually consider it uniting the State.. And, Senator Hendon, againz I believe very strongly that this doesn't do anything but bring money back to the State of Illinois and allows us to follow the law of the land, just as well. And I firmly believe that çovernment which is closest to the people, ks the best government possible. My citizens can come -- they can -- they can come and see their local city councils and village councils. They can easily get to their local school bcards. It's very difficult for them to come down to their state Legislatures, and it's near impossible for any citizen to really zeach their government in Washington. So this is an attempt to bring the government back as close as possible to the people. I do Want to close, however, by quotlng - and I wish you would bear with me - from a column that recently appeared in the Chlcago Tribune. It was a guest column by one of lllinois' own - David Broder, a Washington Post columnist, and someone who is not considered a -- a conservative, by any stretch of the imagination. But, in part, let me share with you his comments, because I think they say it best: Less attention has been given to the May 16th federal court decision that the key section of the Brady bill - requiring a check of criminal records, drug or mental problems or -- of gun applicants - is a violation of the Constitution and unenforceable anywhere in the country. The 1aw Was found to vlalate one of the most neglected provisions of the Constitution, the Tenth Anendmentr reserving to the states and the people a1l powers not I assigned to the federal government. Specifically, District Judge Charles Lovell of Missoula, Montana, said that the feds had overreached themselves when they told Ravalli County Sheriff Jay k 20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15y 1994 Printz he had to divert deputies from their other duties to do background checks on Montana gun buyers. Organizations representing cities and states have been on the warpath a1l year ; against the feds' habit of dreaming up new assignments they want the lower levels of gcvernnent to pay for and carry out. Those . unfunded mandates cost billions. Prior Supreme Court rulings on Tenth Amendment cases are anything but simple to reconcile or understand. But -- Judge Lovell found his footinq in a 1992 case, Where NeW York successfully challenged a federal 1aw requiring states to dispose of radioactive waste according to -- to Congress' directive. Lovell said his reading of the 6 to 3 decislon in New York versus U.S. 1ed him to conclude that baekground check part of the Brady bill ls unconstitutional, quote, ''because it substantially commandeers state executive officers and indirectly commandeers the legislative processes of the state to administer a federal program.'' The principle raised by Judge Lovell is a vital one. As the Judge dryly observed, quote, ''The corollary to state and local governments being held financially accountabllity <sic> for the act is that the federal government will not be... The federal offlcials Will receive some of the accolades or criticism for their program, but they will not suffer any of the consequences for the cost.'' The underlying issue is very important. Washington spends a11 its money and borrows, each year, hundreds of billlons more. Still, that does not satisfy its appetite for actiony so it increasingly has fallen into the habit of mandating other people to carry out and pay for lts wishes. Sometimes *he costs fall on b0th prlvate business and the public sector. The causes are generally good ones, but as this decision reminds us, Ehere is a reason Why the Constitution tried to limit the reach of federal officials. It's a matter of aceountability. Washington, llke everyone else, has to learn to pay for its good deeds. Thank you. i 21  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994

PRESIDING OFFICER: (SENATOR WEAVER) Senator OlMalley has moved the adoption of Senate Joint Resolution 143. Thereîs been a request for a roll call. Those in favor will vote Aye. Those opposed vill vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 40 Ayes, 15 Nays, none voting Present. The resolution is adopted. Senator Shaw. Senator Burzynski, on SJR 155. Read the resolution: Mr. Secretary.

. .. lmicrophone cutoffl...loint Resolution 155, cffered by Senator Burzynski and other Members. The Committee on Executive adopted one amendment. There are no Floor amendments, Mr. President. PRESIDING ' OFFICER: (SENATOR WEAVER) Senator Burzynski.

Thank yous Mr. Presidenty Ladies and Gentlemen of the Senate. Senate Joint Resolutlon rejects in Whole the recommendations of the Compensation Review Board. I know that I probably don 'k need to do this, bu* let ne take jus: a momene or two eo remind you of What's encompassed in this. First of all, a six-percent increase judictal salaries in both FY'95 and FYf96, in addition to the cost-of-living -- adjustment already in place, raising salaries from eighty-nine thousand to a hundred and three thousand dollars, approxlmately. Also includes a 4.5-percent increase for legislators, constitutional officers, departnent boardsr commissioners and other authorities ln PY'95 and '96, in addition to the COLA, raising legislative salaries from thirty-nine thousand to forty-four thousand dollars. The total cost of the package for FY'95 alone is estimated at a little over eight million dollars. And think all of us appreciate the work that the Compensation Review Bcard has done, and they certainly have 22  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 done a good job of putting their case forward. Theylve talked a lot about lack of qualified individuals surfacing for these positions, as well as concern for norale of individuals that are serving in those positions as well. I can sympathize with thaty but I would also suggest that many of those circumstances centered around that morale and the lack of qualifications also exists With our own eonstituencies throughout the State of Illinoisr and they're faced with that. I'd like to speak just a moment in behalf of those people. While welre debating pay increases, when the State dcesn 't have a budget completed, We haven't taken care of our Medicaid problen and the action in the House is played over and over in the media like a three-ring circus, think that Senate Joint Resolution 155 deserves a favorable roll call.

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

Will the Gentleman yield?

PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he Would.

I heard a rumor, Senator, that the resolution being passed in the House is different in verblage from the resolution being passed in the Senate. Can you tell me if that's so, and if it is so, if that will make a difference in the outcome?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

At this point, the resolution in the House certainly is different than the resolution that we have here, and I think that exists primarily the preamble. That resoluticn is being held on the Speaker's desk at this time.

PRESIDINC OFFICER: (SENATOR WEAVER) 23  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15y 1994 Senator Stern.

Presuning that We pass your resolution here today and that the House passes its differently Worded resolution today or next Week, or whenever, does that mean, in fact then, that the pay ralse has been rejected, or does it mean that because we have done it dlfferently, the pay raise will accrue to each of us here?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

It's my understanding that we need to pass the sane resolution. It's my understanding that We need to pass the same resolutlon.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Stern.

Are there plans in the works to file an identical resolution, either in the House to ours, or in the Senate to theirs?

PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.

After this resolution is passedy it w111 go to the House for their approval as well. So that's my intentr at this point.

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

Thank you, Mr. Chairman. I just think that We should be about attracting more brllllant mlnds to this Body, and if the salaries are so 1ow to people -- refuse to even come to the Legislature and are better off being a local alderman or something because they make a 1ot more money, then we 're doing ourselves a disservice; wefre thls State a disservice. We should reject this and -- and 1 24  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 be brave enough to accept the compensation that we 're al1 due, because know most of you work very, very hard, just like do, for the people of this State.

PRESIDING OPFICER: (SEHATOR WEAVER) Senator Hasara.

Thank your Mr. President. I think wedre put in kind of an impossible situation whenever welre asked to set our oWn salary, and I think that really is a very serious problem for us all. ''HoW much is your wcrk worth?'' is a questlon that's difficult for every worker, I think, to answer. This is an issue I think we a11 respect each other's feelings about, and certainly recognlze that there are some geographic differences, and I respect the comments of my colleagues who come from other parts of the State When they tell me, indeed, there are those differences. But I'm here to represent my own area and my own constituencyz and I would like to make just a few points. First of all, we are certainly one of the highest-paid Legislatures in the -- in the Whole countrg. That has been uell publicized, and think that's a point that we need to keep in mind, because cur constituents certainly do. Secondly, I thcught several years ago when me adopted an automatic cost-of-living increase, it was probably the best move we ever madey because we do make more money every year. Although it's not a lot, is an increase over what we made the year before, and I really did think it was a perfect solution to the problem of being put in this bind of settlng our own salartes. And it is a bind. Lastly, would like to remind you a1l that the average family income in Illinois is about fifteen thousand dollars less than the salary of one legislator not family income, but one legislator - wculd be. We are here to be common people and represent the interests of the citizens of Illinois, and making that much more than the average family income in our 25  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 State is certainly removlng us from that role, Which feel is very, very important. I hope you Will consider these points that I make this morning and that ycu Will vote Yes on Senate Jolnt Resolution 155, which rejects the Conpensation Review Board report. Thank you.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. rise strong opposition to Senate Joint Resolution 155. The sponsor mentioned abcut the Compensation Review Board. I want to read a couple of sentences out of that reporty and think important tc take a historical perspective here. Until the Compensation Review Board Was created, pay raises for the Legislature: pay raises for the Judiciary, pay raises for the Executive were done behind closed doors, at the eleventh hour on a January, final-days-of-a-legislative-session kind of procedure. It was embarrassing to those of us Who felt that public salaries should be subject to public debate, and that's what the Compensation Review Board does. They have held public hearings and they 've issued a public report - a report that's been put on every one of our desks and is available to the public. Let me just read a couple of sentences from that report. In regards to the proposed pay raises for the Executive Branch: Now, the Executive Branch means department heads - about a hundred and fifty members of the Executive Branch - Whose salaries are set by the Legislature. They are not part of negotiations between the Governor's Office or the executive department and employees. They are set by Statute. And unless we provide them With a pay raiser they won't get one. There are many -- quote: ''there are many departments of State government where staff employees, who receive regular adjustments and step increases, earn a hlgher salary than 26  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 the director of the department or the agency. Indeed, there are almost five hundred emplcyees of State government'' - five hundred i employees of State government - ''who earn more than their bosses.'' That is not good management or good pollcy. As to the Judiciary: Illinois judges' pay used to be, before 1986: in parity with judges on the federal bench. Those judicial salaries now 1ag way behind. As recently as 1986, again as to the Judiciary -- Mr. President, if I could just have a little order. As recently as 1986, there kas only a nineteen-hundred-dollar difference between the salary of a State court judge and the salary of a trial judge in the federal system. Today, that differencer Ladies and Gentlemen, is forty-five thousand dollars - forty-five thousand dollars between a State judge and a federal judge. A magistrate in the federal system, who is not elected, who does not submit himself or herself to the electorate for their positions, who's appointed and who has a linited jurisdiction for hearing of cases -- a magistrate in the federal system is making almost twenty thousand dollars more - more - than the Chief Justice of the Illinois Supreme Court. Thatfs outrageous. In the testinony in fronk of the Compensation Review Boardy a judîe that al1 of us who practice 1aw have great respect for, a gentleman Who served as a trial judge in Dupage County, served on the federal trial bench and was the Chief Judge af the -- of the U.S. Court of Appeals for the Seventh Circuit - Judge William Bauer - testified that the -- in his view - and he served at the State level and at the federal level - in Judge Bauer's view, the work of a State court judge affects more people in their day-to-day lives than does the work of a federal judge. Judge Bauer also sald that he warked as hard as a State court judge as he ever did on the I federal bench. Now you can't ask for more candid comments from an experienced jurist than that. In Illinois, on top of this outrageous dispartty, Illinois judges contribute -- must 27  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 contribute eleven percent of their salaries to their okn pension plan. There is only one other stater in a11 of the states of the nation, that require that kind of a contribution. What welre asked to vote on today -- or, 1et me reverse that. The proposat of the Compensatlon Review Board - you know what it amounts to7 This year's increase, it goes into effect, represents four and a half million dollars. We are discussing a thirty-billton-dollar budget. Ladies and Gentlemenr we lre -- we 're discussing here, we're debating here, an amount of money which represents two one-hundredths of one percent of our State budget - two one-hundredths of one percent. Now: all of the facts aside, I understandy and we a1l understand, that this is a tough political vcte , but let me make a good political suggestion. don 't think anyone that I have talked to -- and I think Idve spoken to alnost everybody on this Floor regardlng thls issue. didn't find hardly anyone who disagreed with the merits of the Executlve Branch gekting a reasonable pay raiser and most of the people agreed that the judges deserved a reasonable pay increase. The problem, politlcally, is our pay increase, as Senakor Hasara just mentioned. Well, let me make a suggestion to you. If, in your heart, you feel that the Executive Branch and the Judicial Sranch deserves a pay ralse, and for whatever reason - meritorious or political - you feel that you, as an indlvldual, don't deserve or can 't take a pay raise, would suggesk that you do what our Governor has done for the past several years. He has rejected hls cost-of-living increase. The authorized pay for the Governor is abou: a hundred and four -- I'm sorry - a hundred and four thousand dollars. The Governory in fact, only receives about ninety-elghk thousand dollars. He rejects his cost-of-living increase. you think that, for whatever reason - political or otherwise you can't accept the pay raise suggested by the Compensatlon Review Board, vote No on this resolution or vote 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Leglslatlve Day June 15, 1994 Present on this resclutionz and when the time comes for you to çet this raise, reject lty issue your oWn press release. You will be E yaur own political hero, in a way thak a Yes vote will never be able tc equal. So I respectfully urge a No vote or a Present vote cn this resolution. Thank you, Mr. President. '

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

Mr. President and Ladies and Gentlemen of the Senate, I'm in my twenty-second year in the House and Senatey and I can tell you that in a11 my years, only twice -- once have I ever voted for an increase for the legislators and the executives, and that was the cost-of-living increase about two years ago. And I felt it Was deserved . This time, I Want to support the pay increase for the judges. Unfortunately, ours is tied into it too, but if we feel very strongly about it, we can always give ours to charity . The inportant thlng to me is to have competent judges on the bench. I have practiced almost fifty-one years. I'm licensedr fifty-one years or better, to practice 1aw ën thks State. I have practiced before judges who knew nothing and were political hacks, and I have practiced before judges who were good judges Who had trial experience. And lately there have been a 1ot of people applying for these judgeships, and I don't knou that all of them deserve to be judges. And the good ones -- a good lawyer can make a good living. I made a very good living before I came here. I didn't even know What they paid in the Legislature when I first came here, because I though: that I wanted to do someEhing worEhwhiley because I owed it to this country, since I was born overseasr and with God 's many blessings and the opportunities this country has given me, I was rather successful. A11 IIm saying to you is this: ' It's important that people be treated fairly and justiciably, and it's inportant that we have judges Who are conscientious, who are 1 29  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 able to do a good jobr without worrying that they have to get off *he bench to make more money practlcing 1aw - which they can, if I they're competent. And thereforezIfeeljustified insaying to f you today that we should support the pay raise for the judges and for the executives, because when I think of staff people making . more, I think -- it's absclutely aboninable to me. They don't have the responsibility that we al1 have. And a11 I can say to you, much as I like my colleague, I am asklng you to vote No on this resolution. I feel that we shoutd have qualified judicial people, particularly. Tt's important - very important - for people's rights, to have gocd judges, and I'm not afrald to face my constituency and tell them about my vote.

PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I *oo rise in oppcsition to this resolution. You know, I came down to Springfield in 1979, hoping that I could ensure a better life for my kids, and that I could continue to maintain, for myself, what I had . Well, apparentlyr I've made a better life for my klds, because I have three boys - thirty years younger, graduated from college - not one of them makes less than fifty percent more than what I make. In fact, some of them make considerably more than thak. When I came down here, I became acquainted with some of the directors cf the various agencies. I've seen them go. And I have to tell you, they are naking two, three, four, five tlmes What they made working for government. When 1 came down, we go* a pay of twenty-eight thousand as the base. Today it's thirty-nine thousand. Plfteen years ago. Fifteen years, eleven thousand dollars in increases. Ficteen years in which four or fivp of those had the worst inflakion this country has ever known. Now, I know - and I've had this argument with constituents - they said, 30  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 HIf you don't like the jobr leave.'' That's true. But also know that feel right, I ought to vote for something, because thae's vhat my job is. There's been talk about judges. Oh, there's fifteen judges waiting to be judges. Well, 1et me tell you, in Cook County, we have fifteen circuits, and right now on the ballot in Cook County we have fifteen judges judge -- judicial candidates who have deemed to be not qualified. Now, if you want the klnd of government that says the only way you could come down here ls to be an elitist or be supported by a spouse, or if you want to turn around and watch your kids pass you up for the rest of your life, or you want to have judges in the judiciary system that aren't competent then you know what I say? vote Yes for this resolution. But, you know, spent a couple of years in Texas, and T used to offlce with a -- a man who was about seventy-four years old. Guy by the name of Rayburn Carroll. He used to walk around with a hundred dollar bills in h1s pocket, and Rayburn used to always say, ''You can't think big if you worry about the gas bi1l.'' He also said another thing : ''Rayburn Carroll never Worked for a salary.'' You know why he didn't wcrk for salary? Because he said the minute you work for a salary, you are telling people tbis is all youdre worth. And I got to tell you, if you vote Yes for this resolution, you're telling people that you fre worth no more than what you're making right now. And if that's the way you feel about yourselfr please vote Yes; but you don't, vote No.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.

Thank you, Mr. President. I heard a story - I'm not sure it's true or not but it was about legendary Paul Powell, and they were debating a pay raise over in the House. And guess uas in the caucusr and he got up and surprised everybcdy. He sald 31  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Leglslative Day June 15, 1994 he is against the pay ralse. He came cut and said he was against the pay raise. He said, you guys keep on raising your salary, pretty soon somebody good is going to run against you.'' Now, I know that this is the -- the most troublesome part of this is -- is our own salary, but I think it's -- it's Wcrth noting .and I was reminded of when Senator Hasara Was speaking - you know, it's not just technically. I mean, this pay raise doesn't apply to any of usr technically. If we choose to not run again, those of us -- or twc-thirds of us who are not up for another two years, it doesn't come to us. For those who are running this Novemberr I wish everybody well, but, you knowr we could actually lose an election. We don't get the -- the pay raise; it would be our opponent that does. I think that's worth noting. But the fact of the matter isr as Senator Berman said, it's such a political hassle, you can you're a public figure, you 'll have a great press conference and everybody will cover it you'll give your money back. The real concern are the people Who work for -- in the top level of government. Did ycu see in the paper recently when one of the Governor's agency heads took a new job, and he took a pay cut so he could go over to another agency? We've çot people running billion-dollar mini corporations, lf you will, and theydve got thelr top aides who are making more money than them. And in the case of the judges, I have a -- a number of friends of mine who are judges, who are about my age - people I went to law school with - some of whom are extremely competent judges who sit in the courts in Chicago, chancery courts, where the top cases, the big cases some of the biggest cases the country - are argued in front of Ehem , with multimillion-dollar issues at stake, with lawyers Who are some of the finest lawyers in the country every one of which -- in fact, the associates Who carry the bocks are making more money than the judges who are decidlng the cases. And they know it. And the fact of the matter is that those judges 32  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 who are really, really competent - they have offers to leave. I They have opportunities to leave and go and make more money, especially when they get to the a:e when their children start going to -- the expensive high schools and colleges. So I think that *e should take into conslderation the fact that technically this is not a pay raise for ourselves, and if we do become successful in our elections, we can give it back. The money is needed for the judges who are competent and -- and perhaps especially for the people who are goin: to serve our State government and make the important decisions that we expect them to make. We want to attract the best tc State gavernmentz and that's Why T think this is a pay raise which is deserved.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel.

Thank you -- thank -- khank you, Mr. President. I Wasn't going to speak on this, and I'm not going tc speak long, except that Senator Cullerton and Senator Berman and everyone have kind of talked abcut the salaries that -- that our judges get and some of our agency directors and our Governor, et cetera. When you think of it -- and I'm not even going to stand here and urge anyone to vote one way or another, because I think this is a very personal vote. Everyone has dlfferent distrlctsy different -- you know, ideas on this. But just to remind you of an artlcle that kas in the paper - I think last Week - and to say that if -- if the Governor of the State of Illinois is making a hundred and four f thousand, only taking ninety-eight, if the judges in the circutts -- and I realize in downstate that may be some small circuits, but upstate in our arear some of them are in circuits that roughly -- you know, a couple of million people - and they're making - what? - around eighty-nine thousand, ninety-some thousand. Legislators, and in the Senater we represent - what? - almost two hundred 33  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 thousand people, and in my area, since it grows every day, it's probably over that by now we make thirty-nine thousand four hundred and twenty dollars. And the superlntendent of a schcol district tn my district, who administers seven small elementary schools, makes a hundred and eighty-eight thousand dollars the highest paid in the State of Illinois. And I think therels something krong with the way we reimburse al1 of our public officlals, 'cause something sure is skewed and goofy. A hundred and eighty-eiqht thousandr not counting the money that he gets extra tcward his pension that they give him every year. I'm nct going to urge you to vate one way or another, bu* just to think about hoW you would like to just administer seven small elementary distrietsw instead of representing two hundred and some thousande for a hundred and elghty-eight thousand dollars.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Thomas Dunn.

Thank you y Mr. President. Well, today is a good day to hide. Today is a gocd day to sit in your chair and not say anything, because as you can see in the press gallery, they're writing down every Word. Today is not the day tc take the road less traveled. Today ls the day to take the safe path. And I must admit to you that T've been the sponsor of a rejection in my earlier years here, and I did it because I thought at the time it kas right. And think that's probably the sponsor's thought today. But my constituents didn't send me down here to blend to hide under my desk or to sit in my chair. They sent me to vote my conscience. And when I think about the judges, the argument is correct. And when I think about what Senator DeAngelis said about the people in government, and I think about the people in government that I personally know, and when think about Dick Luft and the dedication he's exhibited in his new position. And I 34  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 think about Jess McDonald r and I think What a nightmare he's Walking into, that he's willing to Walk into, to accept. Is he worth it? Is there anyone in this room who Would sit in that i chair and relive that nightmare day after day? Or Howard Peters, who sits on a tlme bomb every dayr three hundred and sixty-five days a year. Is Howard Peters a slacker? I don't think sc. And i the Department of Conservation - the dedication that I've seen exhibited there. I can go down the list. And we have some truly k l fine people who work in gcvernment. Oh, we've gct our ten percent who don't, just like wefve got our ten percent herey and ten ' percent in our families, and ten percent everywhere in the world . j . 1 But that s not who we ought to be concentrating on. We ought to be concentrating on the dedtcated people uho do serve government, ! Who do work, who could leave and work. What happened to the o1d philosophy of dedication? I thlnk it's here in many of the r workers in this State, and I thlnk it's in many of the people in I this room. I urge a No vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there further dlscussion? If noty Senator Burzynskl, to close.

Thank you, Mr. President. There have been a lot of comments : I that have been made here today that I can't argue - and I'm not 1 going to try and argue those - but I think that we also have to look at some of the other issues that have been involved and that j have also been discussed. I kind of feel like the Lone Ranger here today, in the fact that no one has really spoken ln ! opposition to the pay increases, or in support of the resolution I i itself. But I think we need tc take this out of the context of the E political arena for just a minute -- With the exceptton of Senator Hasara. I Excuseme. Ithink we need to take it out of the 1 political arena for just a second and look at it from a different 35  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 perspective - that of being a business. We talk about -- We give ' k a lot of rhetoric, a 1ot of 11p service to this being a business that we run in the State of Illinoisr and that we're here in Springfield to do the people's business, and I'd like to take a look at how our business is progressing at this point. Our business has not finalized a plan to cover a potential seven-hundred-million-dollar hcle in Medicaid bills. We have a backlog of btlts due to vendors who meet the needs of those Medlcaid recipients. Our pension system - underfunded. We don't have our budget prepared yet for the end of the year. And the board meetings of our affiliates across the rotunda have been played up considerably in the media as a three-ring circus. And the public is losing confidence ln the product which we havey which is good government. And finally, we, the board of directors, are sitting here today talking about giving ourselves and others pay increases. I think that we al1 came here with a couple of other perspectives in mind as wellr and that is that We're here as a servlce. We're here as a service to our constituentsy and we shouldn't stray from that, as well. And we arer each and every one of us, honored to be here, and we need Lo remember that, as well. Do the right thing . Vote Yes.

PRESIDING OFFICER: (SENATOR WEAVER) The Chair would remind the Membership that a Yes vote on this resolution is a vote to reject the Compensation Review Board report. A No vote on this resolution is a vote to allow the report to become law. The question is, shall Senate Joint Resolution 155 pass. Those in favor Will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted Who wish? Have a11 voted Who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 28, the Nays are 25, 4 1 ! voting Present. The resolution fails. For what purpose does I Senatcr Berman arise? 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 i

Having voted on the prevailing side, I move to reconsider the vote by Which SJR 155 Was rejected. (Further Comments Inaudiblel'

PRESIDING OFFICER: (SENATOR WEAVER) A11 those in favor, signify by saying Aye. Opposed, Nay. Motlon carries. WCIA-TV requests permission to videotape today 's proceedings. Is there leave? Leave is granted . We Will return to the -- on page 9 of your Calendar, Secretary's Desky Concurrence, Senate Billsy and try to move some of these. Senator Parley. For uhat purpose does Senator Collins arise?

Point of personal privilege, please.

PRESIDING OFFICER: (SENATOR WEAVER) State your point.

Yes. Thank youy Mr. President and Members of the Senate. I've been asked -- a point of personal privilege. I've been asked several times by Members on both side of the aisle about these flowers on my desk, and even some asked -- had -- Whether or not -- was concerned whether or not I had passed last night, and others wanted to know whether or not it was my birthday. But it's really a gift from last night. I received the Eleanor Roosevelt Award, and tcday I have some cake. They made a beautiful cake. It's back here, and We're asking -- everyone is invited to have a plece of this beautiful cake, from Illinois Central Democrakic Women. So the cake is there. Help yourself.

PRESJDING OFFTCER: (SENATOR WEAVER) Thank you, Senator Collins. Senator Farley, on Senate Bill 230? Mr. Secretary, read the number and the House amendments.

37  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 Senate Bill 230, with House Amendment No. 3.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Farley. Senator Farley . i

Thank you, Mr. President, Ladies and Gentlemen Lf the Senate. I would move to non-concur in Amendment No. 3 to Senate Bill 230, and ask for a conference committee to be appointed.

PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, Senator Farley moves to non-concur in House Amendment No. 3 to Senate Bill 230. A1l khose in favor, signify by saying Aye. Opposedr Nay. The Ayes have it. The Secretary will so inform the House. END OF TAPE TAPE 2

PRESIDING OFFICER: (SENATOR WEAVER) Senator Karpiel, on 630. Mr. Secretary.

I move to concur with the House in the adoption cf their Amendment No . 1 to Senate Blll 630. Filed by Senator Karpiel.

PRESIDING OFFICER: (SENATOR WEAVER) This is final action, Ladies and Gentlemeny so... Senator Karplel.

Thank you, Mr. President. This is perhaps - and at least I hope - the last in the legislation that we will need for the Kerr-McGee situation in West Chicago. This adds language that is I 38  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 agreed to by the Departnent of Nuclear Safety, Kerr-Mccee, the l City of West Chicago, the Attorney General's Office, and everyone involved ln this case. I know this is a bad time to call a bi11... PRESIDING OFFICER: (SENATOR WEAVER) ' Can we give Senator Karpiel our attentionr please?

But unless you want the details of it -- what it does, it sets in plaee the consent decree that has been signed and agreed to by a11 parties and the Kerr-McGee, and this will allcw it to go forward and the trains will start running pretty soon, taking the thorium mill taillngs out of West Chicago and into Utah's licensed facility. And I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question isr shall the Senate concur in House Amendment Nc. 1 to Senate Bill 630. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted Who Wish? Take the reeord. On that question, the Ayes are 55, the Nays are none. The Senate does concur in House Amendment No. 1 to Senate Bill 630. And the bill, having received the required constitutional majority, is declared passed. Senator Raica on the Floor? May we have leave to return to 1172? Leave is granted. Senator Klemm, on 1200. Madam Secretary.

House Amendments 1 and 2 to Senate Bill 1200.

PRESIDING OFFICER: (SENATOR WEAVER) Senatcr Klenm .

Well, Thank you, Mr. President, Ladies and Gentlemen cf the Senate. I move to concur with Senate -- House Amendments l and 2 to Senate Bill 1200. The underlying provision of the bill, as 39  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 maybe you remember, was to try to assist, on a pernissive basisr to help nondedicated roads in certaln subdivisions that were established manyr many years ago. House Amendment No. which also included those provisions, put a sunset provision of eight yéarsy khich met some of the concerns of some of the people ln the committee. And House Amendment No. increased the fine from a Class A misdeneanor to a Class B misdemeanor, I believe it to - - from a Class Br excuse me, to a Class A misdemeanor if signs have been deliberately removed - traffic control signs. I'd like to add, as I mentioned to the committee, for legislative intent, that one of the amendments does say -- the possession -- knowingly possesses a barrierr traffic control device or signr would also be guilty. And we want to make it clear for the legislative intent thae it would be that those slgns would be -- that would have been acquired unlawfully, that had been removed as a safety control device and not one that was purchased lawfully or acquired in a permissible manner. So with that clarification, I do nove its adoption.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the Senate concur in House Anendment No. 1 and 2 to Senate Bill 1200. Those ln favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Take record. On that question, the Ayes are 56, the Nays are none. The Senate does concur in House Amendments No. and 2 Eo Senate Bill 1200. And the bill, having received the required constitutional majority, is declared passed. SenaEe Bill 1260. Senator Hasara. Madam Secretary, Would you read the amendments?

House Amendment No. l to Senate Bill 1260.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara. 40  ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994

i Thank you, Mr. President. I move to concur w1th House ' 1 Amendment No. l to Senate Bill 1260. This anendment includes . rifle/pistol ranges, licensed shooting preserves and public hunting areas operated by a government entity as sportlng activities not governed by noise emission standards by EPA. This was an anendment that came from , and has been approved by, the Sportsmen's Caucus. And I would ask for a favorable vote in concurrence.

PRESIDLNG OFFICER: (SENATOR WEAVER) Is there discusslon? If notz the question is, shall the Senate concur with House Amendment No. 1 to Senate Bill 1260. Those in favor will vote Aye . Opposed, Nay. The voting is open. Have a1l voted who Wish? Have al1 voted Who Wish? Take the record. On that questiony the Ayes are 58, the Nays are none. The Senate does concur in House Amendments No. 1 and 2 to Senate Bill 1200 Isic>. And the bill, having -- excuse me. Amendment l to 1260. And the bkll, having received the constttutional majority: is declared passed. Senator Woodyardr on 1268 <sic>. Madam Seeretary.

House Amendment No. 4 to Senate Bill 1267.

PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard.

Thank you, Mr. President, Members of the Senate. I actually have two motions filed, I believer and I guess my procedure would be to concur in House Amendment No. 4. The underlying bill deals with the Lamb and Wool Association and the Beef Council and their check-off referendums. The -- House Amendment No. 4 ls actually the result of -- of audit findings dealing witK policies with the Department of Agriculture and -- and the State Fair. And -- be 41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 lad to answer any questions on M endment No. 4, but it's ! primarily a technical cleanup on audit findings for the State Fair.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall the i i Senate concur with House Amendment No. 4 to Senate Bill 1267. A1l those tn favor wkll vote Aye. Opposed, Nay. Voting is open. Have a11 voted Who wish? Have a11 voted Who Wish? Take the : record. On that questlon, there are 57 Ayes, no Naysr none voting ! i Present. The Senate does concur with House Amendment 4 to Senate B11l 1267. Senator Woodyard. SENATOR WOODYARD: E l Thank you, Mr. President. Amendment No. 1 to Senate Bill 1267 I was at the request of the Illinois Farm Development Authority, and primartly dealt With a 1ot of clean-up language. Well, in the E process of drafting that amendment in the House, some of the ! references ko various Public Acts are in error, and we need to get that to a conference committee and -- and correct thcse minor technicalities that are in the amendment ak this time. So I would move non-concurrence with Amendment No . 1. ' PRESIDING OPFICER: (SENATOR WEAVER) 1 I Istherediscussion? Ifnot,SenatorWoodyard now moves to l non-concur in House Amendment No. l to Senate Bill 1267. Is there any discussion? Alt those kn favor, say Aye. Al1 those opposed, j ! Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Senator Butler, on 1302. Madam Secretary.

I move to concur with the House in the adoption of their 1 Amendment No. 1 to Senate Bill 1302. l i Filed by Senator Butler.

PRESIDING OFFICER: (SENATOR WEAVER) 42  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 Senator Butler.

Thank ycu very much: Mr. President. We -- this is a moticn to concur in Senate B111 1302, in the Amendment No. 2 -- or, excuse ne, No. 1, in particular. The basic bill is that the Des Plaines - - the town of Des Plaines has a TIF district that is finally going to get going, after many years, and so they need to extend the -- their TIF authority for several more years in order to attract the financtng necessary. The amendment -- the amendnent to the bill is speciflc to Chicago Ridge, and it changes the date by whicb sales taxes are collected. These are -- these are ' specific to these two communities. There's a third community mentioned, but it's unlikely that they will use the -- the change in their sales tax authority. So I would urge approval.

PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If noty the question is, shall the Senate concur with House Amendment No. 1 to Senate Bill -- excuse me. Senator Stern, did you have a question?

Yes, Mr. President. I don't know that I feel very strongly about this, but I was the only vote against this amendment in committee yesterday, and I think -- I think it's important to cite the fact tha: we are creating a precedent here. Here are two communities who passed legislation whlch permitted them to apply this tax, but they didn't note that the deadline on filtng for the tax occurred after they wanted lt *o. So we are making an exception so that they can inpose this tax for the Christmas season of sales this year. You know, it's not an atrocious thing to do, but I think we should recognize that we are creating a precedent and possibly opening a Pandora's box. Thank you . i

PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? If not, the question is, shall the 43 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 Senate concur with House Amendment No. to Senate Bill 1302. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have al1 voted who Wish? Take the record. On that question, the Ayes are 52, the Nays are 2, 2 voting Present. The Senat.e does concur with House Amendments -- No. to Senate Bill 1302. And the bill, having received the required constitutional majority, is declared passed. PRESIDING OFFICER: (SENATOR WATSON) Senator Palmerr for what purpose do you rise? SENATOR PALMER: Point of personal prlvilege. PRESIDING OFFICER: (SENATOR WATSON) State your potnt, Senator Palmer. SENATOR PALMER: Thank you, Mr. President. I'd like to introduce in the Democratic side of the gallery behind us, two representatives from Teacher's Pet Child Care here in Springfield: Judy Desilva, the Directorr pre-kindergarten teacher; and Nancy Pressler, who's the Asslstant Director, and teaches the three- and four-year-olds. You -- many of you may know that have my eighteen-month-old qranddaughter down here with me this Sessionr and this is my Way of not only saying thank you personally, but recognizing a facility that, next to the child care facility operated by St. John's Hospital, is the only other facillty in Sprtngfield khich is licensed twenty-four hours a day to meet *he needs of korking parents and particularly, in my case at this moment, a single grandparent with an infant . So I Wish you would welcome them to the Senate. PRESIDING OFFICER: (SENATOR WATSON) Will our guests please rise, and welcome to Springfield. Keep up the good work. Senator Raica, for what purpcse do you rise? SENATOR RAICA : 44  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 Mr. President, first of all: I'd like to apologize. I was called over to the Civil Service Commissicn to testify on an individual from my district, but if at the pleasure of the Chair, would just ask leave to go back to 1172, at the pleasure of the Chairr Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Yes. We have other requestsr and when we complete this order of business, we will go back to -- to that partlcular bïll. Thank you. We are on page of the Calendar, and on the Order of Concurrence is Senate Bill 1324. Senator DeAngelis. Madam Secretaryy please read the bill.

move to concur with the House the adoption of their Amendnent No. l to Senate Bill 1324. Filed by Senator DeAngelis.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank youy Mr. President. Senate Bill 1324, when it left the Senate with a 58 to nothing votey had two parts: one, it permitted the State Board of Education by electronic transfer to make school aid and other categorical grant payments direckly to schools; and secondly, created the Financially Distressed School District Act. When it went over to the House, the House put on an amendment which I can best describe as technical, because it tcok care of some of the concerns of the regional superintendents regarding the direct transfer of these funds because they felty in some instances, they needed some oversights for schools who might not be doing things properly. Be happy to answer any questions. If not, I move that we concur with House Amendment No. on Senate Bill 1324.

PRESIDING OFFICER: (SENATOR WATSON) 45  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 Is there any discussion? Is there any discussion? This is final action. Seeing none , Senator DeAngelis -- the question is, shall the Senate concur in House Amendments - No. 1 to Senate Bill 1324. Those in favor, vote Aye. Opposed, vote No. The votlng is open. Have al1 voted Who wish? Have al1 voted who Wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 58z there's no voting No, no voting Present. The Senate does concur in House Amendments No. to Senate Bill 1324. And the bill, having received the required constltutional majority, is declared passed . On the Calendar: Order of Concurrence, Senate Bill 1326. Senator Karpiel. Senator Karpiel. 1328. Senate Bill 1328. Senator Peterson. Madam Secretaryy please read the bill.

move tc concur with the House in the adoption of their Amendments 5 and 6 to Senate Bill 1328. Flled by Senator Peterson.

PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson.

Thank you, Mr. President and Members of the Senate. The bill, as it left the Senate, basically stays intact. There were tWo House amendments, both dealing With the City cf Chicago regarding entlties wishing to appeal a decision of the local liquor control commissioner. Also, the amendment Would allcw clerks of the cities to accept any petition to place the question on the ballct for the precinct ifr in fact, they wanted Lo vote the precinct dry if an invalid petltion had previously been flled. And ik also focuses on petitions previously discussed in Amendment 5, from the licensed establishment to the actual street address. move for concurrence to both -- House Amendment 5 and 6 to Senate Bill 1328.

PRESIDING OFFICER: (SENATOR WATSON) 46  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 i Any discussion? Senator Sieben.

Thank you, Mr. President, Ladies and Gentlemen of the Senate . i I rise tn support of the Gentleman's motkon. When this bkll originally passed out of the Senater there was concern by some Menbers that there might be jeopardy here for parents who want to i serve some alcohol to their underage children in their home. In -- under Amendment No. 5, that protection is granted to thcse parents who want to supervise the consumption of alcohol by their own children in their own home. But this legislation, then, is ' not intended to target religious ceremonies or special occasions when parents allow their children to have a glass cf wine or champagne. What it really does is address those beer parties at which teenagers drink illegally With the knowledge and permission i I of adults. And I believe those adults who provide alcohol to these minors are breaking the law, and must be held accountable. ' Too many teenagers each year are killed in traffic accidents Nhere alcohol is a contributing factor' and I Would urge everyone to vote Yes for this lmportant leglslation. Thank you.

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

T ask for a -- I ask for a favcrable roll call on the concurrence of the Amendments 5 and 6 to Senate 9i11 1328. PRESIDING OFFICER: (SENATOR WATSON) l This is final action, and the question is, shall the Senate concur ln House Amendments 5 and 6 to Senate Bill 1328. Those ln favor, vote Aye. Opposed, vote No. The voting ls open. Have a11 voted who wish? Have al1 voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 58 voting Yes, no voting Nor no voting Present. Senate Bill 1328, having -- the Senate now concurs in House Amendments 5 and 6 to Senate Bill i 47  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 1994 1328. And the bill, having received the required constitutional majority, is declared passed. On the bottom of page 11 is Senate Bi11... Excuse me. We are now on page l2, and We have Senate Bill 1336, Senator DeAngelis, on the Order of Concurrence. Benator DeAngelis? Senate Bill 1336. Madam Secretary, please read the bill.

House move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1336. Filed by Senator DeAngells.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 1336, when left this Body, allowed the taxpayers of Cook County to go to the Property Tax Appeal Board and also removed constructive fraud as the ruling evidence in trying to protest your property tax bill at its highest level. The House, surprisingly enough, picked up the call, and have to tell your want to thank Senator Berman - I want to thank Senator Berman - I want to thank Senator Berman who is prepared to explain the acticn that the House did, Which mcved us, as described by one of the witnesses, light-years ahead in the property tax appeal process. Senaeor Berman, T'd like to have you...

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman, to explain the House.

I give up. Thank ycu, Mr. President. Senate Bill 1336 lessens the burden of proof in any circuit ccurt objection proceeding filed by a taxpayer after contesting an assessment before either a county board of appeals or a county board of review. Outside of Cook County, this will have little effectr 48  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 since nost taxpayers uill continue to pursue rellef after the Board of Review at the State of Illinois Property Tax Appeal Board level. For Cook Couaty taxpayers, the currently onerous constcuctive fraud doctrine Would be modified by eliminatlng the requirement, as stated in the Ford Motor ca.se, that the taxpayer must prove the quote, ''the assessment was not made in the exercise of honest judgnent'' unquote. By eliminating this requirement and speclfically overruling the Ford casey which this bill now does, the legislation repeals the quote, ''dishonest judgment'' unquote, part of the constructkve fraud doctrine stated tn tbe Ford Motor case. And that's as close to an explanation of the House as I can get.

PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Senator DeAngelis, do you wish to close? Senator DeAngelis. SENATOR DeANGELIS: Only to move to concur with House Amendments l and 2.

PRESIDING OFFICER: (SENATOR WATSON) This is final actionr and the questlon shall -- before the Senate, is that We shall concur in House Amendments l and Senate Bill 1336. Those in favor, vote Aye. Opposed' vote No. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted Nho Wlsh? Take the record. On that question, there are 56 voting Yes, no voting No# no votin: Present. The Senate does concur in House Amendments 1 and 2 to Senate Bill 1336. And the bill, havlng received the requlred constiEu*ional majority, is declared passed. The middle of page l2. Senate Bill 1357. Senator Hawklnson. Madam Secretary, please read the bill.

I move to concur with the House in the adoption of their Amendments l and 7 to Senate Bill 1357. 49  I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Leglslative Day June l5, 1994 Offered by Senator Hawkinson. PRESIDING OFFICER: (SENATOR WATSON) : Senator Hakklnson.

Thank you, Mr. President. We have a11 too often been Witness . in this State to tragtc deaths of children by child abusers. After last year's particularly tragic instance involving the hanging of three-year-old Joseph Wallacer there were several task forces that Went to work on recommendations to change the way that the juvenile court system deals with neglect and abuse cases, to try and find a way to provide that -- that never again would a juvenile ccurt judge, whc's making this kind of tough decision, be deprived cf information that exists wlthin the State system , whether it be the criminal justice system or others, so that *he judge will have all information available to her or him to make this kind of tough decision, whether or not to return a child to an abusive home. Those task forces went to work and they issued their reports. Sone nonths agc, Chief Judge Conerford called together a council of the Governorr the President of the Cook County Board and the four Leglslative Leaders. Each of those persons designated a representativez and I was pledged to -- pleased to serve on that council, along with Senator Dunn. We have been meeting regularly over the course of the year. We have reviewed the recommendations of all of these task force. We have held meetlngs. We have put out these recommendations for review by a1l the interested parties in the juvenile court system, and the amendments of -- House Amendments l and 7 to Senate Bill 1357 are, in part, *he produets of that study . I believe that they are all noncontroversial, save cne. And I'm going to give you a brief explanation of -- of what they do and where they come from. First of all, in House Amendment 1, there's a recommendation from the Illinois Child Fatality Task Force that creates the Child Death I 50  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Leglslative Day June 15: 1994 ReviewTeamActsothattherewillbequickandprompt review of ( i suspicious child deaths so that we can get the facts out and try and make sure that they 're not repeated. There's a recommendation of the Illinois Family Preservation Task Force, the Child Fatality Task Forcey and the Illinois Child Welfare Action Group that . requlres that DCFS have access to services necessary to meet the assessed needs of its clients; requires that DCFS develop, by July 1, 1995, the following: a standardized child endangerment risk assessment protocol, related traininî procedures, a standardized nethod for denonstration of proficieney in application of the ! ' I protocol, and an evaluation on rellability of the protocol. Now ! ' I what does a1l that language mean? What that language means is J I i that there are points throughout the system where decisions have to be made. We want to make sure that the people who are required to make those decisions within DCFS have the training and have a standard set that they will go by, so that we get consistent decislon maklng and so that each of these decision makers has access to informatlon Which will enable them to make the decision for the best interest of the child . The provision in House Amendment No. 1 that has generated some controversy is that provision that has already been passed by this Body earlier, by a vote of 58 to nothing - every one of you voted for it - was Senator Jones' provision on the Healthy Famlly initiatlves. We voted for it 58 to nothing. There are some who are -- who fear that the Healthy Family initiatives, as adopted in some states, i will bring government intrusion into families. Let me tell you whak this does. The language on Healthy Families does not adopk I I any healthy families program in any other state. It has two l i requirements: oney that any plan that is adopted must be 1 i I voluntary-therecanbenohomevisttsthat are not voluntary; secondly, this bill doesn't create the program. This bill only l I creates a steering committee, which will be appointed by the 51  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislatlve Day June l5r 1994 Executive Branch, and I have assurances from the Senate President, i as well as the Governor's Office, that there Nill be appointed to this steerin: committee people who share the concerns about thls program, who share the values We a1l do about keeping government out of families where it's not necessary. What this program -- this plan ought to be directed to is it ought to be directed to those dysfunetional, hlgh-risk families that exist too often in our Stater where we have perhaps a -- a teenage mother who's had no training in parenting, knows nothing about parenting, with no intact family support, to offer services on a voluntary basis to improve the quality of parenting skills. But again, I want to emphasize: This portion that you may have received some calls about does not establish any program. It only establishes a steering committee, and I have assurances frcm the Governor's Officer as well as the Senate President, that this will be a representative group. And based on those recommendations and those assurances, those in committee yesterday Who had concern, voted for the bill - it passed 9 to nothing - and those who have been calling you and were present at committee yesterday, did not sign ln in committee in opposition to these motions to concur. So the calls, I think, were generated before that action yesterday in committee, and no one signed in in opposition in committee, despite the fact that they were present yesterday, based on those kinds of assurances. Amendment No . 7 is an extremely important amendment because lt gets to the information-sharlng stage. It requires DCFS to enter into interagency agreements for information with the Secretary of State and the Illinois Department of Public Aidr and vice versa, to make sure that criminal history information and others that is available in the system, is available to the court When they're making these tough decisions. This is an important bill. It is important bill because we need to address the inadequacies in our juvenile court system that too 52  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 often permit tragic deaths, to our kids, to occur. No system will ever be foolproof. No matter what safeguards we put in, child abuse, unfortunately, will ccntinuey but Where we can prevent it with a flow of information and With access to services on a ' voluntary basis, We ought to do sc . And therefore, I ask .your concurrence in House Amendments No. 1 and No. 7 to Senate Bill 1357.

PRESIDING OFFICER: (SENATOR WATSON) Further discussicn? Senator Fawell.

Thank you very much, Mr. President. I had the privilege of serving on the Child Fatality Task Force, and as Senator Haukinson said: we have met several times. One of the persons also on that task force, for the information of his former colleagues, was former Senator and former President, Phil Rock. Durkng that task force dellberations, we were given reams and reans of materials and case histories of what is going on with some of our children in this State, both downstate and in the metropolitan areas. Something has to be done. We are finding children abandoned in suitcases. We are finding ehildren whose parents are nothing but children themselves: and Who are addicted to drugs, and Whose grandparents are addicted to drugs. Our children are not only being hurt, but are belng killed. This is an excellent bill. ! This is a bipartisan bill. This is a bill that everyone has worked ony including judges, DCFS workers, coroners, legislatars, lay people, social Workers, social agencies. It is the best bill that We could come out with, and it certainly deserves everycne's support. And I ask for your Aye vote. i I

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

Mr. -- Mr. President and Ladies and Gentlemen of the Senatey I 53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rdLegislaEiveDay June15,1994 1 think this bill is -- is a very good bill. It has voluntary help in it. And let's not kid ourselves. The children at DCFS are either children who have no parentsr or have parents wbo don't eare or parents who don't know how to care for their children. And I think if we put this bill ln -- in motion: I think We'1l be doing -- we'll be taking a step in the right direction. These ehildren are helpless. They look to Who for help? If We don 't help them with some good legislation, who's going to do it? I certainly support this concurrence.

PRESIDING OFFTCER: (SENATOR WATSON) Further dlscussion? Senator Cronin.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator Hawkinson alluded to it, or spoke ta itr in his remarks. There have been some concerns raised about this legislation, specifically regarding the issue of privacy and an intrusion into private declsion-making among parents about how to raise their ehildren. I thlnk, though, that we must bear in mind that the goal of this legislation - the objective of this legislation - is to prevenE child abuse. Child abuse is a very real problem , and we nust address this problen. In order to prevent child abuse, if you think about it, we have to identify thcse pecple who may be likely to commit child abuse. And so for purposes of legislative intentz we must realize that in this legislation, there will be objective standards developed by an authorized committee as to what constitutes risk factors - factors like a history of drug abuse among the parents, a history of prior criminal activity. Those are the objective standards that will be relevant in considerlng whether or not parents are likely to commit abuse. Then - then - when these individuals are identified, then there ls an offer made to them of assistance. The party that is identified as a high risk may or may not accept that offer of assistance. 54  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION I SENATZ TRANSCRIPT 133rd Legislative Day June l5, 1994 1 It's a voluntary, decision-making process. There's a delicate 1 line here to walk. The General Assembly will be Watching this very carefully. But I think thts is a very y very needed piece of I legislation, and I urge an enthuslastic Yes vote. ! ! . PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Senator Lauzen. i SENATOR LAUZEN : Thank you, Mr. President. First of ally Senator Hawkinson: I'm not opposed to the majority of your bill. Therefs certainly much more good in this bill than there is anythin: to object to. I think that the concept is good. I think it's naturally well-intentioned, and I applaud your work, and I also respect the judgnent of -- of our colleagues who listened to the testimony yesterday in that committee meeting. And there's certainly no one in this Chamber who wants a child harmed, much less killed, by an abuser. So I think that our hearts are together on what We want to accompllsh here. However, this bill may go too far in certain points, and may further shift the balance between big government and familles. As a side noter I would encourage those grcups that organize the calls that end up in -- on a11 of our desks and then we return those calls, that if theydre not golng to come forWard to testify tn those commtttee neetings, that perhaps they shouldn't start the objection if theylre not going to come and testify to have their point of view heard and put into the porticn of the debate. I have four basic concerns with the Section around Healthy -- the Healthy Famllles program . Number one, we already spend more than seven hundred and fifty million dollars to protect all children in Illinois in the Department of Children and Family Services. Sometimes State government reminds me of a multiheaded-hedra, where you 1op off one area, or one head, and two grows back. Here We have now another agency that is going to attend to trying to protect our children. I would think that 55  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 there 's already enough confusion and enough Lf a challenge and enough duplication Without adding another player, ln the Department of Public Hea1th, to what's already too complicated. I'm also under the impression that -- that this bill -- one of the Sections of. this bill would exempt members of the task force studying the problems frcm Freedom cf Tnformation Act. I've only been here two Sessions, but I've already done more casework With DCFS than I would want toy and I have already found that it's too hard to wrestle information out of DCFS, and I've already found, as you have probably already found, that these cases are used in -- these -- the accusations are used in custody cases and divorce cases. And I don't think that that's what we mean to be using our State agencies to do. I understand that we're also going to be exempting these folks from Open Meetings Act, and I guess that I would encourage, as the steering eommittee puttinç together the intention of what we want to do, that -- that ge don't glve them the extraordinary powers that could be even worse abused. Also, I understand that this Section of this 1aw would provide for tort ëmmunity and indemniflcation. We are giving extraordinary powers, lf the steering committee adopts those types of roles. I guess thaty in tcday's deba*e, would encourage who's ever selected in those -- to be on that steering committee, as theydre gcing through their work, tc not put into the hands of State agencies addltlonal power that is not balanced by -- by the responsibiltties. I appreciate the opportunity to put kn these -- these concerns, and agaln, appreciake Senator Hawkinson's dedication to the concern. think that We al1 join him in wanting to end child abuse.

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator glemm.

Yes. Thank you, Mr. President. I guess have a -- I don't 56  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 know if it's a question or not, to the sponsor. It's -- it's a polnt 1'11 make and perhaps he could respond to 1t. And I understand that other -- under present law, unfounded reports are expunged from a person's record, and yet this would then keep an unfounded report in the central regist.ry, I understand, for perpetuity, I guess. And part of the Section, I see that tbe automated information system, probably which had beenr guessr prohibited from placlng information in that automated system, ls maybe being changed in some way, and perhaps Senator Hawkinson could explain that. And I was wcnderin: that if you have an unfounded report, that that would never be off that person 's record. Now let me give you two examples why I bring that to attention. One , I had a constituent Who had a problem and was found innocent, and the family went through a very, very traumatic experkence. And guess you have never gone through that before, you donlt know how can tear a family apart. And just recently, we had some young students who paid a dollar to make an accusation against a schoolteacher. Now, that was a very serious charge, and that charge became to the point Nhere the school board took that student -- or, that teacher away from teachinq; Eound out that it was a sham, a hoax. And yet it Was serious enough that it was an unfounded report. My concern ls for that particular schoolteacher, in this case, a -- and also a constktuent of mine, and others, perhaps, who were found to be totally innocentr that the charges were unfoundedr and yet that report - lt appears from What I'n able to read here will continue to follow that family or that persony would contlnue to be now in an automated systemr could be called upon, perhaps I don't know if this is correct cr not - could be called upon on -- on other court cases that may prejudice something. And just need, think, the sponsor's clarification, because that would be a little bit of exkreme in thls case. And I would perhaps ask if 57  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15p 1994 i he could answer that in his closing, or uhatever you do.

PRESIDING OFFICER: (SENATOR WATSON) Well, there is no further discussion. Soy Senator Hawklnson, to closer and you can respond. SENATOR HAWKINSON: ' Thank you, Mr. President. 1 Will respond first to that. First of all, that provision is not in the objected-to part of the billr and the groups who are opposed to this bl1l support that I provision. Reverend Vanden Bosch and others who I have spoken to support that part of the bill. That's not in the Healthy Families part of the bill. The reason they support it isr the provislon you@re referring to does absolutely nothing to increase mandated reporting, increase accusatlons, as you call them - has nothing to do with that. What it says ls, Where there are prior reports, these wll1 be kept in the registry, yes, but it's not on a record. It is confidential information. Can't be released to anybody. As a matter of facty it's a crime, under the provislons, to disclose information outside the system . So -- and the -- the schoolchildren example, which we al1 agree is horrible, wouldn't even be kept under this, because schoolchildren are not mandated reporters. Wefre talking about mandated reporter unfounded reports. So it doesn't address in any way unfounded accusaticns. And in terms cf increasing them or anything, it says Where you've got sertcus injury and you've had one instance and DCF looks -- DCFS looks at it and they sayr ''We don't think this is a founded report. We don't think there was abuse here.'l 3ut if a year from now or six months from now that same thing happens and happens a third time, ''you know, maybe we Were wrongl'. And by keeping it in this confidential file, they'll have access to that. It won't be expunged. But it doesn't follcw anybody. It doesn 't go into I circuit court. No. The question was that these follow their way into divorce proceedings. Well, unfortunately, they do. And I I 58  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 think sometimes unfair accusationsr and hateful and spiteful I accusations, get made in other forums. But this has ncthing tc dc I with that, because Ehese records arenlt going to be available. Nowr if the parties are the same and they're the persons who made the accusations, sure, they can make it again in another forum , . but this bill has nothing to do with that. The only area of the bill that has had any group object is the one I referred to earlier, whlch I again reiterate, you a11 voted for once - 58 to nothing. And I think the reason you did, and the reason that there was no objecticn in committee yesterday, is that this has been misunderstood as the adcption of a plan that's in existence in Hawaii or somewhere else. It isn 't. It is the forming of a steering ccmmittee to come up with a plan. To get back to the bill as a whole, don't forget the problems that we've had, the tragedies we have had, in part because we have not had criminal history information or other informatlon available to a juvenile court judge. And if that information had been available, we nlght have saved some kids. The decisions might have been different. This has been the product not just of khis task force that Senator Dunn and I Were on. We dldn't go out and seek a new product. We looked at al1 the studies by the professicnals, by those Who studied the tragedies, who made their recommendations of all these groups. We picked the best of them. We think they're contalned in Amendments No. 1 and 7 to Senate Bill 1357. And for the kids of Illinois, I'd ask for your Aye vote.

PRESIDING OFFICER: (SENATOR WATSON) The Senator was closing, and this is final action. And the question is, shall the Senate concur in House Amendments No. 1 and 7 to Senate Bill 1357. Those in favor, vote Aye. Opposedr vote No. The voting is open. Have a1l voted who Wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 52 voting Yes, 3 voting Noe 3 voting Present. 59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT ! ) 133rd Legislative Day June 15y 1994 The Senate does concur in House Amendments 1 and 7 to Senate Bill 1357. And the bill, having received the required constitutional majarity, is declared passed. In the middle of page 12 is Senate Bill 1448. Senator O 'Malley. Madan Secretary, please read the bill. . I ACTING SECRETARY HAWKER: k I move to concur with the House in the adoption of their I Amendment No. 1 to Senate Bill 1448. Offered by Senator O 'Malley. PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley. SENATOR O IMALLEY: Thank youy Mr. President and Members of the Senate. House Amendment No. 1 to Senate Bill 1448, Whlch I am movlng to concur with, amends the Uniform Partnership Act. It provides that a partner may register with the Secretary of State as a registered limited llability partnership; requires renewal annually; provides that a partner is <sic> a reglstered limited liability partnership is not liable for eertain partnership debts, liabilities or obligations; amends the State Finance Act to establish the Division of Corporatlons Registered Limited Liability Partnership Fund. Moneys in the Fund are to be used to administer the Division of Corporation's duties under the Uniform Partnership Act. I request a favorable roll call. PRESIDING OFFTCER: (SENATOR WATSON) Is Ehere any dlscussion? Any dlscussion? Seeing none -- thls is final action. The question is: shall the Senate concur in House Amendment No. l to Senate Bl11 1448. Those in favor, vote Aye. Opposed, vote No . Voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yes, no voting No, no voting Present. The Senate does concur in House Amendment No. 60 I  STATE OF ILLINOIS l 88TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT . ' j 133rd Legislatike Day June 15: 1994 l to Senate Bill 1448. And the bill, having received the required constltutional majorityr is declared passed. Senate Bill 1479. ! Senator Madigan. Out of the record. Senate Bill 1558. Senator ' Garcia. Madam Secretary, please read the bill. i ACTING SECRETARY HAWKER: . I I nove to concur with the House in the adoption of their l Amendment No. 6 to Senate Bill 1558. Filed by Senator Garcia.

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcia.

Thank you, Mr. President. This bill, as amendedy amends the Consumer Fraud and Deceptive Business Practice Act. It allows the Attorney General to set the maxlmum fees that may be charged for immigration services in Illinois. It prohibits anyone from charging fees for referring a person to an attorney or any lmmigration matter covered under the Act. Requires the Attorney General to promulgate rules to administer and enforce the Act by January 1st of 1995.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? Senator Fagell.

Question of the sponsor.

PRESIDING OFFICER: (SENATOR WATSON) Sponsor uill yield, Senator Fawell.

My assumption is this does not include attorneys' fees for -- for immigration work or for citizenship?

PRESIDING OFFICER: (SENATOR WATSON) Senator Garcia. I

I 61  STATE OP ILLINOIS ! 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 The bill exempes attorneys.

PRESIDING OFFICER: (SENATOR WATSON) Is there any other discussion? Senator Garciar Would ycu like to close? SENATOR GARCIA : ' Would urge a favorable vote. Thank you.

PRESIDING OFFICER: (SENATOR WATSON) This is -- this is final action. And the question is, shall the Senate concur in House Amendment No. 6 to Senate Bill 1558. Those in favor will vote Aye. Opposedr vote No. The voting is open. Have a1l voted Who wish? Have a11 voted who wish? Have a1l voted who Wish? Take the record. On that questionr there are 1 58 voting Yes, no voting No, no voting Present. The Senate does ! concur in House Anendment No . 6 to Senate Bill 1558. And the blll, having received the required constitutional majorityr is declared passed. Senator Jacobs, for what purpose do you rise? SENATOR JACOBS) Yeah. Just a point of inquiry. In that last bill, that Was a ! I Democrat sponsor. Was that eorrect? PRESIDING OFFICER: (SENATOR WATSON) . The last time that I knew, yes.

I -- I'm just curious hoW it got there. That's okay. ! PRESIDING OFFICER: (SENATOR WATSON) ; ! Ohr I appreciate you bringing that to our attention. Senator @ Hallr do you wish -- do you want to call your bill? Senate Bll1 1620. Senator Fltzgerald. Madam Secretary, please read the bill.

I move to concur With the House in the adcption of their Amendment No. 5 to Senate Bill 1620. I I Offered by Senator Fitzgerald. , ! PRESIDING OFFICER: (SENATOR WATSON) i 62  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 Senator Fitzgerald.

Thank you: Mr. Presidentr Ladies and Gentlenen of the Senate. This is a motion to concur ln House Amendment No. 5 to Senate Bill 1620. House Amendment No . 5 provides that if a special event retailer purchases less than fivc hundred dollars of liquor for an for an event, the special event retailer may purchase the liquor from a retailerr rather than from a distributor. Also requires a beer distributor or importlng distributor to use its best efforts to make each of its brands of beer available for sale to retall licensee. It only applles to beer, and does not apply to spirlts or wine. Beer has been treated differently under the Liquor Control Act, because, like other malt beveragesr it loses qualkty after a short period of time and is, in effect, a perlshable product. In addition, beer is governed by the Beer Industry Fair Dealing Act, Which establishes exclusive sales terrieories for the distribueion of beer. This provision continues to ensure that retail licensees continue ta have the opportunlty to purchase beer and beer products. There 's no opposition tc this amendment. urge a favorable vote.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? Seeing none, Senator Fitzgerald, do you wish to close? This is final action. The question shall the Senate ccncur in House Amendments No. -- No. 5 I beg your pardon House Amendment No. 5 to Senate Bill 1620. Those in favor, vote Aye. Opposed, vote No. The votin: is open. Have a1l voted Who Wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question: there are 57 voting Yes, no voting Noy no voting Present. The Senate does concur in House Amendments No. 5 to Senate Bill 1620. And the bill, having received the required constitutkonal majority, is declared passed. Senator DeAngelis, 63  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 133rd Legkslative Day June 15, 1994 I on Senate Bill 1691. Madan Secretaryy please read the bill.

I move to concur With the House ln the adoption of their Amendments l and 2 to Senate Bill 1691. Offered by Senator DeAngelis. '

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 1691, When it left the Senate, did two things: One, it extended the R & D tax, removed the sunset; and secondly, dealt with the issue of international flights buyin: domestic fuel. The House chose to put tWo amendments on - Amendments No. 1 and 2 - and both of them had passed the Senate previously. One is a cleanup of 522 -- Senate Bill 522: and the other one is a clarification on the sales tax exemptëon on leased equipment. So, be happy to answer any questions. If notr I ask that we concur with those two amendments.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, this is final action. And the question is: shall the Senate concur in House Amendments l and 2 to Senate Bl1l 1691. Those in favor, vote Aye. Opposed, vote No . The voting is open. Have all voted who wish? Have a11 voted Who wish? Have a11 voted who Wish? Take the record. On that questiony there are 58 voting Yes, no voting Xo, no voting Present. The Senate dces concur in House Amendments l and 2 to Senate Bill 1691. And the bill, having received the required constitutional majority, is declared passed. We are now on page l4, and Senate Bill 1730. Senator Hawkinson. Madam Secretary, please read the bill.

I move to concur with the House in the adoption of their I 64  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 15r 1994 Amendnents 3 and 4 to Senate Bill 1730. Offered by Senator Hawkinson. I

PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson. .. ! SENATOR HAWKINSON: ' I Thank your Mr. President. I move to concur in House Amendments 3 and 4 to Senate Bill 1730. This bill is the Secretary of State's zero-tolerance bill for drivers under : I twenty-one years of age. The Rouse, I belleve, has improved the ë bill with -- with House Amendment No. 3. It was an agreed amendment between the Secretary af State's Office, Norking With ! RepresentativeHomer. Itprovidesthatblocdorbreathtests for l persons under twenty-one shall be admissible only in actions or proceedings directly related to Ehe incident upon Which the test requested was made. It sets upthestandardsforreviewofa suspenston and the issues that will be reviewed during the J ' : suspension, and I believe more adequately sets out those standards than we did in the original bill. It more clearly exempts ! individuals who consumed alcchol in the performance of a religious ceremony or the ingestion of medicine at recommended dosages. ' Amendment No. 4 attemp*s to correct a problem that has happened in the Rock Island area, involving car dealers from out of state coming in and displaying automoblles at the -- the airport in -- lnMollne. Thisproposalcomesasanagreementbetweenthe--the f car dealers and *he Secretary of State's Office to clarlfy definitions of display and -- and advertising. We are going to i need a trailer bîll to clean up the languagein--inthat amendment. The original bill 1730 - it passed this Body 58 to ) ' nothing. I think it's improved now, with the cooperation of the Secretary of State and Representative Homer, in terms of -- of I setting up the review procedure and the application of the Illinois Admlnistrative Review Act and possible circuit court j I 65  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 ! review . And I would again ask for concurrence. l PRESIDING OFFICER: (SENATOR WATSON) I Further discussion? Senator Jacobs.

Thank your Mr. President, Ladies and Gentlemen of the Senate. ' 1. too, rlse in strong support of Senate Bil1 1730. Whenever this bill origlnally come around, I was one of those who believed that we already had legislation on the books that could handle thls, because minors weren 't allowed to drink alcoholic beverages anyway, and the bills we have floating around were not ln the best shape. I think thls bill has been put into very good shape, and it now beccmes a much better bill. And I ask for support on this side of *he aisle .

PRESIDING OFFICER: (SENATOR WATSON) Is there further discussion? Further discussion? Senator Hawkinson, to close. This is final action. And the question lsr shall the Senate concur in House Amendments 3 and 4 to Senate Bill 1730. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who wish? Have a1l voted who wish? Have al1 voted Who wish? Take the record. On that questionz there are 58 voting lesr no voting nor no voting Present. The Senate does concur in House Amendments 3 and 4 to Senate Bl1l 1730. And the bill, having received the required constitutional majority, is declared passed. Still cn the page 14, Senate Bill 1766: Senator Donahue, on the Order of Non-concurrence. And we have Senate Bill 1766. Madam Secretary, would you please read the bill.

House Amendments 1: 2 and 3 to Senate Bill 1766.

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.

Thank -- thank you, Mr. President. I would move to 66  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5, 1994 non-concur. Is it Amendments No. 2 and 3? Those are... In the Calendar says Senate amendments. I'm -- want to non-concur in the House amendment. I don't know what the number is. 1, 2 and 3. would llke -- I would move to non-concur in Amendments 1r 2 and

PRESIDING OFFICER: (SENATOR WATSON) Senator Donahuer those are House amendments. And the Senator moves to non-concur in House Amendments 2 and 3 to Senate Bill 1766. All those in favor, say Aye. Opposed, Nay. And the Ayes have it. The motion carries, and the Secretary shall so inform the House. Senator Raica. We Nere granted -- earlier we granted leave to Senator Raica to return to this order of business. And that ls on page 10# and kt is Senate Bil1 1172. Madam Secretaryy please read the bill.

nove concur with the House in the adoption of their Amendment No. 6 to Senate Bill 1172. Offered by Senator Raica.

PRESIDING OFFICER: (SENATOR WATSON) Senator Raica.

Thank you, Mr. President for coning to this order of buslness. What Amendment No. 6 does Ls basically it is agreed-to language by a1l parties - the Senate, the House and the utilities, in addition to CUB - which would allow for refunds being paid to current Edlson customers who have refunds coming to them. That's all the bill does. And I would like to thank staff on both sides for -- for their many hours of hard work in putting this together with the agreed-to language. And I am just asking for concurrence.

PRESIDIHG OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? This is final action, and the question is, shall the Senate concur in House 67  1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY i REGULAR SESSION l SENATE TRANSCRIPT 133rd Legislative Day June 15, 1994 I Amendment 6 to Senate Bill 1172. Those in favorr vote Aye. Opposed, vote Nc. And the voting is open. Have a1l voted Who wish? Have a1l voted who wish? Have a11 voted who wlsh? Take I I the record. On that question, . there are 58 voting Yes, no voting No, no voting Present. The Senate does concur in House Amendment No. 6 to Senate Bill 1172, and the bill, havlng recelved the required constitutional majority, is declared passed. Senator Shadid, on Senate Bill 1232, again on page 10. Senator Shadid wishes to non-concur. Madam Secretary, please read the bill. ACTING SECRETARY HAWKER: House Amendments lr 2, 3, 4, 6, 10, l1r 12, 15, 16 and 19 to Senate Bill 1232. PRESIDING OFFICER: (SENATOR WATSON) Senator Shadid . SENATOR SHADID: I move to non-concur, Mr. Chairman, and refer it to a conference committee. PRESIDING OFFICER: (SENATOR WATSON) Senator Shadid moves to non-concur in House Amendments 1, 2, 3, 4: 6, 10r 1l, 12y l5, 16 and 19 to Senate Bill 1232. Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it: and the motion carrles, and the Secretary shall so inform the House. Mr. Secretary, Committee Reports. SECRETARY HARRY: Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: Referred to the Committee on Executive - the motion to concur wlth House Amendments 1, 2 and 3 to Senate B111 1346: to the Judiciary Committee - motions to concur wlth House Amendment l to Senate Bill 33, House Amendments 1, 4 and 5 to Senate Bill 12857 to the Committee on State Government Operations and Executive Appointments - motions to concur with House Amendments 68 1  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June l5r 1994 2, 3 and 4 to Senate Bill 1182: (House Amendment 2 to Senate Bill 1570)7 and Be Approved for Consideration Conference Camnittee Report No. l on House Bi11 1915. (Bill in parentheses submitted in writing, but not read into record)

PRESIDING OFFICER: (SENATOR WATSON) Mr. Secretary , 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 concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1694, With House Amendments 2, and Passed the House, as amended, June 14, 1994. A Message from the House by Mr. Rosslr Clerk. Mr. President - I an directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their anendment to a bill of the following titlez to Nit: House Bill 3197: with Senate Amendment No. 1. We have like Messages on House Bill 3518, with Senate Amendment House Bill 3779, with Senate Amendment 1) and House Bill 3975, with Senate Amendment All non-concurred by the House on June l4r :994. A Message from the House by Mr. Rosst, Clerk. Mr. President am dkrected to inform the Senate that the House of Representatlves has adopked the following join: resolutionr in the adoption of which I am instructed Eo ask the concurrence of the Senate, to wit: House Joint Resolution 167. (Secretary reads HJR No. 167) Adopted by the Houser June 15, 1994.

PRESIDING OFFICER: (SENATOR WATSON) 69  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 1994 Senator Weaver.

Thank you, Mr. President. move for the suspension of the rules for the immediate consideraticn and adoption of House Joint Resolution 167.

PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver moves to suspend the rules for the purpose of immediate consideratlon and adoption House Joint Resolution 167. Those in favorr say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Weaver, to explaln the resolution. Senator Weaver has moved for the adoption of House Joint Resolution 167. Thcse in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Weaver.

Thank you, Mr. President. wculd just remind the Membership to get thelr motlons filed. It would help expedite getting them out of Rules and back to comnlttee. So if you have something coming over from the House, get your motions filed so that we can act on them .

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

Senate Resolutions 1618 through 1621, a11 offered by Senator Topinka. Senate Resolution 1622, by Senator Mahar. And Senate Resolution 1623, by Senator Woodyard. Also, Senate Resolution 1624, offered by Senator Demuzio. They 're a11 congratulatory, Mr. Presldent.

PRESIDING OFFICER: (SENATOR WATSON) Consent Calendar. We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, al1 those read in today will be added to the Consent Calendar. Mr. 70  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 133rd Legislative Day June 1994 Secretary, have there been any cbjections filed to the resolutions on the Consent Calendar?

There have been no objections filed, Mr. President. PRESIDING OFFICER: .ISENATOR WATSON) there any discussion of the resolutions? Seeing none, the question isr shall the resolutions on the Consent Calendar be adopted. A11 those in favor, say Aye. Opposed, No . The notion carriesr and the resolutions are adopted. Is there any further business to come before the Senate? If nok, pursuant to the adjournment resolutiony the Senate stand adjourned till next Tuesday at noon. Have a good weekend. 71 REPORT: TIFLDAV STATE OF ILLIVOIS 9V/11/0V PAGE: 001 88TH GENERAL ASSEHBLY 11:01:13 SENATE DAILY TRANSCRIPTION OF DEBàTE INDEX JDNE 15, 199% HB-3210 FIRST READING 58-0230 NCK-CONCORRENCE 58-0357 NON-CONCERRENCE SB-0630 CONCURRENCE 38-1172 CONCPRRENCE SB-1191 NON-CONCMRRENCE 8B-1200 CONCVRRENCE 58-1232 NOM-CONCURRENCE 38-1260 CONCPRRENCE 58-1267 CONCURRENCE 58-1267 NON-CONCURREMCE SB-1302 COMCURRENCE SB-132V CONCDRRENCE SB-1328 CONCURRENCE 58-:336 CONCURRENCE SB-135T CONCURRENCE SB-14R8 CONCMRRENCE 58-1558 CONCURRENCE SB-1570 OUT OF RECOHD SB-1620 CONCURRENCE SB-1691 CONCURRENCE SB-1730 CONCURRENCE SB-1766 NON-CONCMRRENCE 5R-1282 ADOPTED SR-139R ADOPTED SR-1R70 ADOPTED 5R-1486 ADOPTED SR-:560 ADOPTED SR-1618 PESOLUTION OFFERED SR-1619 RESOLUTION OFFERED SR-1620 RESOLUTION OFFERED SR-1621 RESOLUTION OFFERED 5R-1622 RESOLUTION OFFERED 5R-1623 RESOLUTION QFFERED SR-162) RESOLUTION OFFERED HJR-0086 ADOPTED HJR-0O96 ADOPTED HJR-0100 ADOPTED HJR-012) ZDOPTED HJR-015R âDQPTED HJR-0167 ADOPTED HJR-0167 RESOLUTION OFFERED SJR-01#3 ADOPTED sJR-Q155 HOTION sJR-0155 RESOLUTION FAILED SUBJECT HATTER SENATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRAYCR-THE RQVEREND Dâ7ID SCHAUER PAGE 1 JOURNALS-POSTPONED PAGE 1 COMMTTTEE REPORTS PAGE 68 HESSZGES FROH THE HO/SE PAGE 69 RESOLUTICNS CONSENT CàLENDàR-ADOPTED PAGE 70 âDJOURNHENT PAGE 71