Illinois Senate Floor Debate — December 1, 1994

The regular Sesslon of the 88th General Assembly will please come to order. Will the Members please be at their desks, and will our guests in the gallery please rise. Our prayer today will be given by the Reverend Jeff Chitwood, Southstde Christian Church, Springfield, Illinois. Reverend Chitwood.

(Prayer by the Reverend Jeff Chitwood)

Reading of the Journal. Senator Butler.

Mr. Prestdentz nove that reading and approval of the Journals of Tuesday, Novenber 29th and Wednesday, November 30th, in the year 1994, be postponed, pendlng arrival of the printed Journals.

Senator Butler moves to postpone the reading and approval of the Journal, pending the arrival of the printed transcripts. There being no objecticn, so ordered. There's been some inquiries today about when we dre golng to çet out of herey and as far as I'm concerned, the sooner the better. know that it's the second season for deer hunting, and all my deer hunting friends want to go down and kill Bambl. So we'd like to give ycu that opportunity. Wedre going to go through the Calendar as qulckly as posslble, stand at ease and do some commlttee hearings, hopefully come back and some paperwork from the House. I would hope we'd be out of here by noon or one o 'clock at the latest. That would certainly be my intention. So the shorter we make this, the faster we'll be able to shoot Bambi. Thank you. Resolutions.

Senate Resolutlon 1987, offered by Senator Demuzio. Senate Resolution 1988, by Senator Shaw.  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 151st Legislative Day December lr 1994 Senate Resolution 1989, by Senators DeAngelisy Watson and others. And Senate Resolution 1990, by Senators Rea and Topinka. They lre a11 congratulatory and death resolutions, Mr. Presldent.

Consent Calendar.

PRESIDING OFFICER: (SENATOR DeANGELIS) We will ncw move to page 8 on today's Calendar: to the Order of Business of Secretary's Deskr Ncn-concurrence, on House Bill 6l. Mr. Secretaryr please read the bill.

House Bill 61, With Senate Amendment No. 1.

PRESIDING OFEICER: (SENATOR DeANGELIS) Senator Madigan.

Thank your Mr. President. I would move to refuse to reeede from Senate Amendment No. to House Bill 61y and request a conference conmittee.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Madigan moves that *he Senate refuse to recede from the amendment on -- adoption of amendment on House Bill 6l. All in favor, signify by saying Aye. Nays -- opposedr Nay. The motion passes, and the Secretary wl1l so inform the House. On the same page, on page 8, on the Order of Business Conference Committee Reports, we have House Bill 282. Mr. Secretary, do you have on file a conference committee report on that btll?

First Conference Committee Report on House Bill 282.

PRESIDING OFFICER: (SENATOR DeANGELIS) The House recognizes Senator Watson Senate recognizes Senator Watson. The Chair recognizes Senator Watson.

2  STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRJPT i 151st Legislative Day December 1, 1994 Thank you, Mr. President. This is Conference Committee Report I l I onHouseBill282. Hasfourprovisicns,oneofwhichinvolvesthe Metro East Transit District. Last year khere was a referendum held in the St. Clair County. This is the light rail system for St. Clair County and St. Louis. There was a referendum held and the public decided to raise the sales tax to fund the mass transit district. What thts w1ll do is create a situation by which those entities that are titled and sold - such as automobiles, boats, motorcycles - titled sales will be exempt -- or we are actually givin: the authority to the Metro East Translt District - the ability - to take off half percent of the sales tax. What this does is creates a situation by whlch those dealers in that area will beccme competitive with the neighboring communlties. The second provision involves homestead exemption on a -- on a homestead. Right now the -- there was -- there was a court case and seventy-five hundred dollars per individual was decided that would be the amount of the homestead exemptlon, up to fifteen thousand dollars. In other words, a husband and wife, or two individuals. Judge Helple of the Supreme Court felt that this language needed to be clarified because there was a possibility that there could be considered multiple exemptions past the husband and wife, or the -- or the two . So we are trying to clear that -- that situation up. Third provision involves the Department of Revenue. Would allow them to accept electrcnically ftled returns if a written signature is on file. And the fourth provision involves the Rate Adjustment Fund of the Industrial Commission. Thls is a situation by whlch those people who are ellgible for the benefits from this are -- that are havlng problems with funds, this will allow them to extend the borrowing authority for an addltional three years. PRESIDING OFPICER: (SENATOR DeANGELIS) Channel 17 has asked leave to videotape the proceedinqs. 3 I ! l !  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1r 1994 Hearing no objection, leave is granted. Any discussion? Any discussion? If not, the question is, shall the Senate adopt Conference Committee Report on House Bill 282. Those in favor, vote Aye. Opposed, voting Nay. The voting is open. Have al1 voted who wish? Have a1l vcted who wish? Have all voted who wish? Take the record. On that vote -- on that question, there are 48 Ayesr 4 Nays, 2 voting Present. The Senate does adopt Conference Committee Report No. l on House Bill 282, and khe bill, havlng received the required three-fifths vote, is declared passed. Again on page 8, we have House Bill 1594, on the Order of Conference Committee Reports. Mr. Secretary, do you have cn file a conference committee report on House Bill 15947

First Conference Committee Report on House Bi1l 1594.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Karpiel.

Thank you, Mr. President. House Bill 1594, as amended -- the amendnent, by the way becomes the bill, and a11 provisions relating to Conservation 2000 is out of the bill. Hause Bill 1594, as amendedr eliminates the distinction between regional pollutlon control facilities and pollution control facilitles by removing the term Hregional'' throuqhout Ehe -- all the pertinent Acts. The bill a response to a decision of the Federal District Court for the Southern District of Illinois, where the judge found that the distinction between facillties Which accepted only local waste and facilities aecepting waste from out of SEake and outside the local government boundartes violated the commerce clause. This bill eltminates the distinction and allows the loeal siting process to remain in place. In addition, there Was clean-up language added to it dealing with JULIE computer system , which was noncontroversial and agreed to. And that is what the 4  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 151st Legislative Day December 1, 1994 bill does now. We have committed to various other groups, including the Municipal Leaguey that we Will continue dialogue and debate on this - the sitlng process - in the spring Sesslon.

PRESIDING OFFICER: (SENATOR DeANGELIS) Are there any questions? If not, the question is -- okay. Senator Welch.

Thank you, Mr. President. If I could ask the sponsor a few questions, I'd like to do that.

PRESIDING OFFICER: (SENATOR DeANGELIS) Question -- sponsor says she shall yield.

Thank you. Senator, according to my analysls, thls bill is going ko grandfather in facillties permltted for development or constructlon before January 1994, meaning that they Won't have to follow any of the nine sitlng requlrements under the sitlng requirements of Senate Bill 172.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Karpiel.

I'm sorry, Senator Welch, according to my staff and according to what I know about the bill, there's no grandfathering in.

PRESIDENG OFPICER: (SENATOR DeANGELIS) Senator Welch.

Yes. There's also a the Municlpal League is opposed to this: understand, because it eliminates a current exemptton allowing for local zoning to be ln effect in *he boundary cf a city. Is that true?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Rarpkel.

5  STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 Would you repeat thatr please, Senator? f -- I dldn 't quite hear it. The Municlpal League is opposed Eo lt because of what?

PRESIDING OFFICER: (SENATOR DeANGELIS) Let's have a -- let's have a little ordery please. Senator Welch. SENATOR WELCH: j ( The Municipal League is opposed to the bill, beeause lt I eliminates siting authority for a city, as opposed to the county. Is that true?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Karpiel. (

No . To my knowledge, one of the reasons the Municipal League is opposed to it is because it takes out of the Act exactly what the judge said we have to take out; that you can have a local -- a regional pollutlon control faeility. It does take out the word ''regional''. You could still have a county or a clty. The city still has siting. It's just that you can't differentiate between regional pollution control facilities and other pollution control facilities. ButtheMunlcipalLeagueisoneofthegroupsthatwe 1 will be working with in the spring Session. I I

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch, are gou done? Senator Demuzio.

tmicrophone cutoffl...me ask the sponsor -- Senator .. . Karpiel, uould you mind taking this out of the record for a few minutes until we ge* some of thts stuff clarified? I don'k think there 's going to be a big problem , but some cf us -- our analysis apparently does not dovetail with what the intent is of this bill, and if -- if -- if you would, we'd appreciate it.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Karpiel says she will. Take it out of the record. 6  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1994 Again on page 8 of today 's Calendar, on the Order of Conference Committee Reports, is Senate Bill 1724. Mr. Secretary, do you have on file a conferencç committee report on Senate Bill 1724?

First Conference Committee Report on Senate Bill 1724.

PRESIDING OFFICER: (SENATOR DeANGELIS) The Chalr recoqnizes Senator Mahar.

Thank you, Mr. President and Members. First Conference Committee Report on 1724 retains the underlying portion of the bill, which extended the permit period from thirty-five to ninety days, such -- so that applicants will have more time to negotiate with the EPA without losing the right of appeal. This passed the Senate 53 to nothlng . Secondly, deals w1th the issue of voluntary audit privilege - voluntary audits: companies that that have a -- that undertake voluntary audits, to see lf they dre in -- complying with EPA laws. This would be privileged. Thls passed this Chamber overwhelmingly, not unanimously, and is supported by the IMA, State Chamber and Illinois EPA. Thirdz it extends frcm December 1st -- from today to December 1st of 1997 the requirement to promulgate rules and regulatlons regardlng landscape waste compost facilities. This done because the Pollution Control Board still has -- needs additional time to accomplish this. The next measure is at the request of the City of Chicago. Allows the Illinois court system to impose community service as a penalty for illegal dumping of construction debris. Next, the next Section amends the Private Sewage Disposal Licensing Act. It comes to us at the requese of the Homebuilders and Realtors. It seems that the Department of Public Health has gcne beyond what is reasonable in promulgatin: rules dealing with private sewage disposal - septic tanks, in particular. And this would -- if they're going to increase the density, thls provision  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 wl1l requlre that lt be done by the Tllinois General Assembly. The next deals with dlsposal of tires. July lst of this year, we no longer dispose whole tires in landfills. This says that shredded tires may be disposed in landfills, but only after a I number of exceptions have been -- only in the event that other alternatives are nct available, such as lining for roadways, ' ground cover, leachate collection systems, incinerations and the ! like. This comes to us from BFI and Chewton Glen Energy. It is - - and the language is signed off by Waste Management, as Well as ; the Illinols EPA. The final Section deals With a -- an exception that was made ln an audit of the EPA regarding authorizin: the EPA : to accept indirect cost reimbursements. Be happy to entertain any I questions. PRESIDING OFFICER) (SENATOR DeANGELIS) Senator Rauschenberger. SENATOR RAUSCHENBERGER: ! While I applaud the underlying bl1ly and think some of the 1 . provisions are very good in this conference committee report, I would just like to point out and share with my colleagues that it - - it's my understanding -- or my reading: anyway, on page 1 and 2 of this conference commlttee report that: in effect, We are noW i injecting the General Assembly into land denslty requirements, uhich will mean when you want to chanqe the regulations on ehe ! size of lots for proper septic systems, that the General Assembly Will now be involvedr as if we don't have enough duties and as if sometimes we're not constrained enough in time. I Would just like to -- to warn that if we pass this, it's my understanding that we're going to be interjecting the General Assembly into land density rulings. I'd also like to point out on page 21 of *he ! conference committee report, specifically we're -- we're allowing now a court - and this is at -- apparently at the request: I think the sponsor said, of the City of Chicago - to allow conmlunity 8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leqislative Day December 1, 1994 service as a penalty for illegal dumping . The conference committee report, or the language, fails to specify a natural I person. Under most readings of law, as I understand it, a person I in this context could be a corporation. And it just -- it just : kind of concerns me, and I think it maybe should concern Members i ! in the General Assembly of why someone is so intent on deflning the right to penalize a person with community service. I I 1 certainly hope there's no pendin: actions that this might apply to corporations, perhaps, that Would then be eliglble for community I . service, rather than monetary penalties or other penalties for I illegal dumping. I -- I think the conference committee report's ' got some very good thlngs in it. We would have time in five weeks I to deal with those. So I kould just recommend a careful ' consideration of this conference committee report. Thank you. !

PRESIDING OFFICER: (SENATOR DeANGELIS) Are there any other questions? If not , Senator Mahar, to I j i close. I SENATOR MAHAR: ! T would just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DeANGELIS) ! I'n sorry, Senator Mahar. Senator Welch threw a late light.

We were still trying to figure out the previous environmental bill, Senator. I'd like to ask a question, Senator Maharr if possible.

PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor said he kill yield . SENATOR WELCH: ' Senator, could you explain the provision affecting burning of 1 tires?

PRESIDING OFFICER: (SENATOR DeANGELIS) i SenatorMahar. j 9  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994

Thank you, Mr. President. The provislon that amends the Illinois Protection Act that deals with this Section states that -- as you know, we do not allow eires in landfills today - whole tires. This Section would state that other alternatives -- before i ! we allow shredded tlres to be puE in landfills, that we allow -- that we eonslder through the Illinols EPA, as well as the Illinais ! Industrial Materlals Exchange Service, that other alternatlves be considered, and of those alternatives, the incineration of tires ! is one of them . PRESIDING OFFICER: (SENATOR DeANGELIS) ! Senator Welch, are you finished? SENATOR WELCH: j I had one more questicn. At least. PRESIDING OFFICER: (SENATOR DeANGELIS) ' Leave your light on from now on.

My understandlng is that the amendment is going to make it more difficult for landfills to displse of these waste kires: because it sets up guldelines as to what they have to do to dispose of them, such as complying uith sending them to a facility ! that burns them, before Ehey dispose of tires. Is that your understanding or intention with thls bill? I

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar I . !

The purpose of this language is to do what is necessary to 1 keep -- we already keep whole tires out of landfills. What we're trying to do is flnd alternative sources so shredded tires are not ; ' going to be in landfills. PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Palmer. 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legtslative Day December ly 1994

Thank youy Mr. President. A questlon of the sponsor.

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

Like to follow up on a question that Senator Rauschenberger raised about the dumping of construction debris and whether this applies -- this community service applles equally to corporations as it does to individuals. If you could just explain that Section a little more. My analysis talks about persons convicted of open dumping of construction debris, but I don 't know why persons would be dumping construction debris.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar.

Well, an individual can be convicted if they're illegally dumping. I thlnk what Senator Rauschenberger -- and rightfully so, his concern is that whether somebody under this Section would ' be subject to -- a corporation or a corporatton presldent kould be subject to it. This came to our attention -- this concern came to our attention within *en mlnutes before the committee yesterday. And I've agreed to work with the construction industry to -- to further refine that, or define that, during the next -- next Session, and consequently, they did not object to the bill during committee.

PRESIDING OFFICER: (SENATOR DeAKGELIS) Senator Palmer.

Just one last questlon. You dre not saying then that this substitutes for monetary payment when they are wrong in dumping?

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar. 1 11  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislatlve Day December 1, 1994

l No, the -- the language in -- on page 21 is specific. It says, ''in addition to any other penalty''.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar, to close.

I would ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall the Senate adopt the First Conference Committee Report on Senate Bill 1724. Thcse in favor Will vote Aye: and the cpposed w11l vote Nay. The voting is open. Have al1 voted who Wish? Have a1l voted Whc Wish? Have al1 voted Who wish? Take the record. On that questiony there are 50 Ayes, 7 Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1724, and the bill, having received the required three-flfths majority, is declared passed. Senator Woodyard, for what reason do you seek recognitlon?

Thank -- thank your Mr. President. On a point of personal privilege. ! PRESIDING OFFICER: (SENATOR DeANGELIS) ; 1 State your point, Senator. I

Joining us in the -- the gallery today on the other side of ' the aisle is a delegation of Chinese from the Consul General's Office in Chicago. They are primarily education people. Also with them are people from our Community College Board. Malnland China is considerlng the possibillty of establishing a community college system in China, and so they're down here taking a look at wha: Illinois does with our system. And I would appreciate a welcome to our Chinese friends, from Chlcaço.

PRESIDING OFFICER: (SENATOR DeANGELIS) 12  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCXIPT 151st Legislative Day December 1, 1994 Will our guests please rlse and be recognized? WTCS-TV requests permission to videotape. Having heard no objections, request is granted. We will now move to page 3 on the Calendar. House Bills 3rd Reading. On page 3 of today 's Calendar is House Bill 457. Senator Fawelly do you wish this bill to be returned to 2nd Readlng...

Yes, do.

PRESIDING OFFICER: (SENATOR DeANGELIS) ... for purposes of amendment?

Xes.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Faeell seeks leave of the Body to return House Bill 457 to the Order of 2nd Reading for the purpose of an amendment. Hearlng no objectiony leave is granted. On the Order of 2nd Reading ls House Bill 457. Mr. Secretary , are there any Floor anendments approved for consideration?

Amendment No. 2, offered by Senator Fawell.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell, to explain your amendment.

Thank you -- ehank you very much. This is basically a -- some clean-up language for the bill that -- that we passed last Sesslon. 1* Was requested by *he Secretary of State, and it regards the -- the bill that allows seniors to buy stickers so that if, indeed, they would like to, they can make sure that their car is stopped after <sic> o 'clock -- between the hours of 12 and 5. These are stickers that are requested by sentors. In the original bill it was they had to make the request to the local officials. Frankly, the local officials didn't want to fool 13  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1y 1994 i around with it. It will now be done by the Secretary of State's i Office for a very nominal fee. I believe it's -- theydre talking about flve dollars. And they hope that that will cause a -- a -- a deposit of funds so that perhaps they won't even have to charge that. It is a lifetime sticker, unless the senlor requests that lt be taken off. It Will be put in the computer immediately. If they want the sticker to be taken off, they must fill out another form, and at that polnt, it can be taken off. 1'11 be glad to answer any questions.

PRESIDING OFFICER: (SENATOR DeANGELIS) A1l those in favor of the amendments: sag Aye. Opposed, say No. The Ayes have it. Are there any further amendments?

Amendment No. 3, offered by Senator Watson.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Watson.

Thank you, Mr. President. This amendment has ko do with what we call the ''wide load'' legislation, and I know there's many of you here that have been concerned about this provision and -- and we have a -- another bill coming over from the House. There's tWo issues out there -- two -- two separate bills deallng with this issue just to make sure we got it completed, because January 1st of this next year, very onerous legislaticn will take effeet if we don't pass this legislation and have it signed by the Governor. This is legislation that was -- a group sat down With the Implement Dealers, the Farm Bureau, the Farmers' Union. The State Police, Department of Transportation have agreed that when you are hauling an instrument of husbandry - in other words, farm machinery - that has a -- a wàdth of 14.6 -- fourteen foot six inches, you must have an escort. That's the provisions. That was the agreement that Was Worked out. Representative Hartke from the 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 i ' House was involved in this, and has passed legislatlon in the House dealing with the same issue. It's important that it takes effect inmediately because of the implications of the January lst kick-in of the legislation that Would really create problens. And I appreciate the -- the work of many Members on this particular issue. PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? Senator Fawell. SENATOR FAWELL: Thank you very much. As -- as Chairman of the Transportation conmlttee, I was not really prlvy to a'lot of these discussions. Senator Watson carried the ball for us. What this bill does, as he -- as he said, was it allows loads up to fourteen-six to be transported without a -- without an escort. It is true that some of the highways are only nine feet in -- in wldth, as far as the lanes are concerned . In factz the widest lane that we have ls twelve. Right now the 1aw says that any load of any Width can be carried on these highways, and -- and unfortunatelyz I -- I Was over in the Supreme Court not too long ago when such a load was belng carrled by a -- a farmer. Seventeen feet long, no escort, and he got his head lopped off of a -- he lopped off the head of a - - of a fellow farmer on a brldge, who unfortunately happened to be going the wrong way. Thts is a -- a very dangerous situation that is happening riqht now . This is a compromise. Fourteen-six is stlll a llttle bit large, as far as I'm concerned . It happens to be -- Would overlap at least tWo and a half feet into the next lane, but it was an agreed bill. And of course, we all know how important agreed bills are. PRESIDING OFFICER: (SENATOR DeANGELIS) All thos/ ln favor of adopting Floor Amendment No. 3: signify by saying Aye. Opposed, Nay. The amendment is adopted. Any further Floor amendments for consideration? 15  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994

No further amendments reportedr Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. On the Order of 3rd Readingz We have House Bill 457. Senator Mr. Secretary, please read the bill.

House Bill 457. (Secreeary reads ti*le of bill) 3rd Reading of the bill.

PRESIDINC OFFICER: (SENATOR DeANGELIS) Senator Fawell.

I'm very tempted right now to hold this bill, but obvlously there's ancther bill right behind it. And thls is important to our farmers, who, I'm sure, have always given me their full support in the past. So since we have already debated the bill, I will 1et it fly.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs.

Yeah. I thank you, Mr. President, Ladies and Gentlemen of the Senate. I just rise in support of -- of House Bl1l 457. Tt's not the best bill ln the world, and the Senator is absolutely right, but it's a step in the rlght direction. It keeps the -- it keeps the econcmy moving, so to speak. And also, at the same tlme, lt glves us a year to study Whether or not there ig a real problem out there, and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeANGELIS) On that, question is, shall House Bill H47 <sic> (457) pass. Those favor will vote Aye. Opposed will vote Nay. The votlng is open. Have al1 voted who wish? Have a1l voted Who wish? Have al1 vcted who wlsh? Take the record . On that question, there are  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1: 1994 54 Ayesz 4 voting Nay, none voting Present. House Bill 457, i having received the required three-flfths majority vctes, is i declared passed. On page 7 of the Calendar, on the Order of Secretary's Desk, are Resolutions. Senate Resolution 1896. Senator Woodyard, do you wish your resolution considered? Mr. I d Secretary, please read the resolutton.

Senate Resolution 1896, offered by Senator Woodyard. The Committee on Executive adcpted Amendments 1 and 2.

PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Woodyard. 1

Thank you, Mr. President, Members of the Senate. This resolution was requested by the Health Facillties Planning Board to allow them to conduct a study of capital expenditures by hospitals throughout the State of Illinois. It does contain tWo amendments suggested by the -- the Executive Committee. One of those amendments Would put a -- a reportin: date of April 1st, 1995 in the bill. It also confines this study to just one year back, so that the Board would not be able to go further back. The Committee also suggested that we took a look at legislation that would -- to where we would not have to ccme back with this kind of ! resolutlon each year, and that's basically what the resolution does.

PRESIDING OFFICER: (SENATOR DeANGELIS) Any questions? Any discusslon? If notg the quêstlon isp shall Senate Resolution 1896 pass. Those in favor Will vote Aye. All those opposed will vote Nay . And the voting is open. Have a1l voted who Wish? Have a11 voted who Wish? Have a1l voted Who wlsh? Take the record . On that questiony there are 54 Ayes, none I voting Nay, none vottng Present. Senate Resolution 1896, having received the required constitutional majority, is adopted. The ! 17  SQATE OF ILLINOIS 88TR GENERAL ASSEMBLY REGULAR SESSTON SZNATE TRANSCRIPT 151st Legislative Day December 1: 1994 Senate will stand at ease for a feW minutes till the Rules Commlttee completes its contemplation. And with that admonition, they came out.

PRESIDING OFPICER: (SENATOR GEO-KARIS) Senator Stern: for what purpose do you rise?

Madam -- Madam President...

PRESIDING OFPICER: (SENATOR GEO-RARIS) Senator Stern.

may 1, on a point of perscnal privilege, take a minute or ... tWo to thank the Body for my tenure here, to thank you for your courtesies. This will be my last day before January, and We Will a11 be busy on the 10th. has been a real privilege and honor for me to represent the 29th District in the Senate. And you can't be in this buslness long enough -- as long as I have without knowing that sooner or latery the ax may fall. I go, not happily lt's mcre fun to wln; you a11 know that - but I do thlnk itds important to make the statement that We a11 should feel the privilege of working in this process where we don't punch each other ln the nose when we disagree, and we don't put bonbs in each other's mailboxes. Thls is a Chamber where honorable people may disagree and we will be disagreeing again in just a few minutes - but I think it's important to recognize We are colleagues and we respect one anotherr and I thank you for your courtesles to me. Thank you.

PRESIDING OFFICER: (SENATOR GEO-RARIS) Thank you, Madam -- thank you, Senator Stern. Committee Reports, Madam Secretary.

Senator Weavery Chairman of the Commlttee on Rulesr reports that the following Legislative Measures have been assigned to 18  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1r 1994 committees: Conference Committee No. 1 to Senate Bill 1232 referred to the Judiciary Committee; motion to concur with House : Amendments 1, 2, 3 and 23 to Senate Bill 1147 referred to Publlc j ! Health and Welfare Committee; notion to concur with House Amendments 1, 2, 3 and 7 to Senate Bll1 1211 referred to Revenue Commlttee; and motion to concur with House Amendment No. 10 to ! Senate Bill 1297 Be Approved for Consideration. PRESIDING OFFICER: (SENATOR GEO-KARIS) . On page 8, on the Order of Conference Committee Reports. With leave of the Body, we will return to House Bill 1594. Madam ! Secretary, do you have a file -- on file a conference committee report on House Bill 1594?

Flrst Conference Committee Report on Hcuse Bill 1594.

PRESIDING OFFICER: (SENATOR GEO-KARIS) The Chair recognizes Senator Karpiel.

Thank your Madam Presldent. Hcuse Bill 1594 basically - 1et me just go through this again - just simply changes the siting leglslation in Illinois for landfllls, transfer statlons, other pollution control facilities, to take out the Word ''regionaln. A court and a judge found it unconstitutional to differentiate between regional and those that were slmply pollution ccntrol facilities. A city or a county or any local government can still have a local facility that takes in only their waste, but under *he new language now, it will have to go through the siting process, just as a multi-unit of government facility has to. And that's basically what the bill does.

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

! I just wantedtoaskonequestion,tohaveontherecordthe 1 19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day Deeember 1, 1994 ansWer .

PRESIDING OFFICER: (SENATOR GEO-KARIS) She - - she indicates she'l1 yield. !

Senator Karpiel, on page 20 of the bl11, there is a amendment to the prior bill that changed the Wordingr HAfter the effective date of this amendatory Act of 1983 Isic> (1993)' % That Was changed to, ''After January 1, 1994.% That language allows a facility to avoid the requirements for local siting . Now, is it your assertion here that the legislative intent in that change of i the date is not to allow any other facilities to escape siting; that was merely done to comply with a -- kith a court decision?

PRESIDING OFFICER: (SENATOR GEO-KARIS) I senator Karpiel.

Correct. And I don't have a copy of the bill here, or my staff. But my understanding ls that was brought up, really, by the Reference Bureau. It was a technical change. The intent is to not allow any siting before that date, and as a natter of fact, it wouldn't -- there ls not time for that to happen anyway.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- any further discussion? Any further discussion? Hearing none, the questlon is, shall the Senate adopt the ! 1 Conference Committee Report on House Bill 1594. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who uish? Have a1l voted who Wish? Take the record. On that question, there are 54 Ayes, 2 voting Nay, 2 voting Present, and the Senate does adopt the Ccnference Committee Report on House Bill 1594. And the billp having received the required three-flfths majority, is declared passed. We Will now go to the i top of page 8, on the Resolutionsr Senate Resolution 1926. Senator Dudycz, do you wish your resolution considered? Madam Secretaryy 20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislatlve Day December 1, 1994 read the resolution.

Senate Resolution 1926, offered by Senator Dudycz and President Phllip.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dudycz, to explain the resolution.

Thank you, Madam President. The intent of Senate Resolution 1926 is quite elear. states that -- first of all, that the National Voter Reqistration Act of 1993 mandated that states enact leqislatlon necessary to inplement voter registration procedures by January 1 of 1995. Also mentions that the cost of this unfunded federal nandate is estimated from between several million to several hundred million dollars. Also it mentions that other states - specifically, California, Indiana, Mlchtgan, Pennsylvania, New Jersey, Kansas, Mississlppir New Mexlcor Texas, Montana and Nevada - have also had prcblems ln implementtng this federal unfunded mandate. Also it mentlons that we, in Illinoisy have an established voter registration program at a11 driver's llcense facilities, and a progressive deputy registrar program that already provides numerous opportunities for persons to register to vote. Speclfically, currently in Illinois, a citizen can register to vote at Secretary of State's driver's facilities, all county clerk's offices, most librarles, most high schools, muntctpal offices, universitles: colleges and junior colleges, labor organlzations, communlty organizatlons, Department of Public Aid offlces, Department of Employment Security, private corporations and political party offices. They all have *he ability to -- to have registration programs these facilitles. Also says that it will be more than fifteen months before Illinois has its next scheduled federal election: and we are urging Congress to extend the deadline from January, 1995, to January, 21 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislatlve Day December 1y 1994 1996 - for one year - to allow the states to enact reasonable implementlng legislation, as Well as to allow Congress to reconsider the requirements that <sicl the Act thraugh modifications that recognize the diversity of state measures and to find a source of funding so we can fund this mandate that the 1 ; federal government is imposing on us. I : PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Stern. SENATOR STERN: ! Madam Presidenty I rise in opposition to this resolution, partly on the basis that it is too late to have any effect. We I are nOt Only at the eleventh hour of this legislation; we are at 1 the twelfth hour. We are required by the federal government to have implemented this legislation on voter registration by January 1. Today is December 1. Let me tell you some of the things that I I find objectionable about this resolution. First of all, if We were going to try to persuade the Congress to change lts mind on this subject, we should have started a long time ago. It is now too late. The resolution lists thlrteen states that have not yet implemented it. But it does not say that three of those states have not met in Session this year, and are administerlng it 1 ( loeally, or -- strike that. They are passing administrative rules to adopt the procedures necessary. Texas, Nevada and Montana are those. Is it not more appropriate for Illinois to join wlth the remaining forty states, and do that Which this federal law requires of us, than to fight it in this kind of dithering action. We need to implement one of the two bills that is prepared and 1 ready for us to adopt. Let me go on to sayr yesterday at committee I was astonished to dlscover that there is still a belief that by implementing national voter rights registration -- registering -- Voter Registration Act, we Will be adopting sane-day registration. That is not the case, Ladies and 22  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 Gentlemen. We are simply adopting a form of voter reglstration by mail a -- an ability to register voters at every facility that is listed. While Senator -- Dudycz lists a great many places at which registration may take place, that is voluntary for many of them, and does not take place at a11 of them. Let me tell you what is going to happen as of January 1st if we do not implement the national law: We are going to end up having people registering at these facilities because they are going to be told by federal law that they can do so, and they will be registered to vote only in national elections. They will gc to their polling places in March or April to vote in local elections and find that they are, in fact, not able to do so. They are going to be angry and be disenfranchised. They are going to upset the results of many of the elections that will take place at that time. The county clerks and the boards of electlon commissioners are going to have to provide for double sets of reqistered voters. Theydre going to have to provide two booths for every one b00th that they now provide. Theydll have to provide two vote recorders for every one vote recorder they now provide. They are going to have to go to enormous expense, for no reason except our apparent distaste for the federal legislation. The Attorney General Janet Reno has said she would start litigation agalnst any state which has not implemented the natlonal law by January 1st. We start out already in the wrong on this lttlgation. Why in a year when we have so many places to put money, should we be spending it on useless, futile litigation like this? I urge you not to pass this resolution. It is Eruly meaningless. I urge you, instead, to consider and pass one of the two pieces of legislation which wauld implement the Natlonal Voters Reglstration Act. Thank you very much.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Lapallle. 23  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 SENATOR LaPAILLE: Thank you: Madam President. Senatcr Stern said it like it is. The notor-voter legislation is here, and for Illinois to ignore lt is only going to create a two-tier system here in Illinois. And for those Members who will be running in 1996, here's what would occur if we do not implement motor-voter here in Illinois: A voter would be registered to vote ln congressionalr U.S. Senate and Presidential electionsr and then they would also -- they would not be armed to vote in State elections. So for those Senators that perhaps are in a Democratic congressional district and Wish to have their supporters vote for them for State Senate, perhaps they would be able to go in and vote for the Democratlc congressional candidate, but then they Would not be eligible to vote for the Republican State Senate candidate. So that is What webre ereattng here, is a two-tier system in Illinois. And during the Reagan and Bush years, the federal government implemented the Clean Air Act, which required mandakory auto emlssions testlng. And we didn't like it, and we delayed and delayed, but then We finally had to do it. And I submit to you that motor-voter is here. It's a federal lak. Thirty-seven states have already implemented and it would just be folly to say that Illinols is going to keep delaying thls and then end up with a two-tier system here in Illinois. say now is the tlme to act. The bills are here in the Senatew and we should move them as qulckly as posstble.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator del Valle -- del Valle. SENATOR dEL VALLE: Thank you, Madam Chair. Excellent pronunclation.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Gracias. SENATOR dEL VALLE: 24  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 I wane eo share wieh -- uith our side of the aisle some of the - - the content of the debate in the Executive Commlttee when this resolution was passed yesterday. But before I do thaty 1et me remind everyone that the U.S. House has adjourned. They adjourned as of Tuesday. They fre flnished. And so I'm not sure where thls resolution is going to go, given that there is no Legislative Body to accept it as of this week. So therefore, think that is obvious that this resolution on the part of the Senate, because it is only a Senate resolution, ls an attempt to disgulse what is a blatant political decision - a deciston based strictly on politics - an attempt to disguise our failure to act in order to comply with federal law. Ncw: it's not the firse time, as has already been indicated, and I'm sure won't be the last. But really appreciated the candor of our Executive Committee Members who said yesterday that thelr opposition to the National Voter Registration Act is based on ideology and on philosophlcal differences. appreclated that candor. appreciated the fact that one Member said that was politlcal and that the purpose, they feltr of this National Voter Registration Act Was to allow us to register our voters, to register nore people. Well, that's exactly what the National Voter Registration Act ls a11 about. for the purpose of naking sure that as many people as possible who are eligible to cast a vote ln this country are given that opportunity. The Natlonal Vcter Registration Act is for the purpose of facilitating voter reqistration so thaty yes, we can have long lines, instead of no lines, on election day. That's exactly what we want. We aren't afraid of the voters. As a matter of fact, we were hoping for a much higher turnout in this last election. And I daresay that the results would have been very different if there had been a much higher turnout. And guess that's why some Members here don't want the Voter Registratlon Act. Because they are afraid of what the silent 25  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December lr 1994 voter might say on election day. And so I ask you to please vote a resounding No on this resolutiony and let's -- us send a message to those individuals here in this Legislative Body Who want to violate federal law, Who refuse to comply with federal law and who are contributin: to the very gridlock that many of the voters who did vote on November 8th said no to. I urge a No vote.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendon. Briefly?

Thank your Madam Presidenty and I Will be very brief.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you.

I truly do not understand my distingulshed and intelligent friend, Senator Dudycz's loglc here. As a matter of fact, I spoke with our President about this bill When we were trying to pass it earlier, and he indicated to me that lt wouldn't do -- it wouldn't take effect for the November election, and I 1et him know that my concern was the upcoming election. And uhen you look at the results of the last election: it's clear that Democrats do not have a monopoly on registering voters or getting those voters to the polls. So I see this as a nonpartlsan issue. I see it as an issue to try to encourage Americans across this country to participate, because no one got a mandate in thls last election because most people simply don 't particlpate at all. And anykhing that will allow our people to participate, regardless of -- of party, is a good thing. So I -- I'm urging a No vote on this, and I -- I really think my distinguished friend should -- should wlthdraw and also vote No on this and let motor-voter come to Illinois. Thank you very much, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Fawell. ! 26  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislatlve Day December 1, 1994

Thank you very much. I'd like to tell you Why Ehis is not a good idea. In this particular State we have a hundred and two county clerksy or -- that handle the electiony or such as in my county - we have an electlon ccmmission. We also have a hundred and two different forms. The way we register voters in the County of Dupage is on a different form than the way they register them in Cook County, the way they reglster in Kane County, the way they reqister them in Lake County, the kay they reglster them in Will County, the way they register in Madison County, or any other county in the State of Illlnois. And a 1ot of my people go to other counties when they get their drlver's license. They go to Hillside. They go to Aurora. They go down to Joliet. What you are asking is that every single clerk hands out enough forms for every single driver's license place ln the State and every other place that -- supposably We can do this atr so that they can get registered the way their county clerk wants them to. Now, if you want eo have a unlform form, that's fine. Who's going to pay for it? Right now those forms are paid for by the county. State want to pay for it? State want to set up a computer to pay for it? We, right now in our county, have al1 thls stuff on computers, as I belleve the County of Cook does. A lot of the counties don't. This is a dumb bill. When you start looking at other elections there are a 1ot -- every, single election there are voters that come in that cnly vote for the President and the congressmen, because Ehey're servicemen or because theybve moved. This is not a new idea. It is no* a good idea whether Congress in their great wisdom seems ta think it is or not. And When are We golng to start acting as Senators of the State of Illinois and tell everybody else to go take one big flying leap? This is an ! excellent resolution, and we ought to a1l vote Aye.

PRESIDING OFFICER: (SENATOR CEO-KARIS) 27 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 Further discussion? Senatcr Jones. SENATOR JONES: I I Yeah. Thank your Madam President. T rise in opposition to the resolutlon simply because, as has been previously stated, Congress in Washington has adjourned. There'll be a new Congress sworn in ln January, after January 1. Nowy those who are concerned about this mandated cost beginning January 1, if We do not implementy the cost is still goin: to be there. And for those persons who register after January 1 at those facilities: such as firehouses and library, thinking they wll1 be able to participate in the -- the municipal elections across the State of Illinols that will be held in February and April, and whatfs goin: to happen is simply this: When Rickey Hendcn wins the primary election, someone's going to file suit, because they were denied the opportunlty to participate in that electiony because they Will only be able to participate in a federal election. There is -- there is a possibility that we could have a speclal federal election. So it is not only impacting 19967 there 's a possibility it could have impact in 1995. So passing this resolution, which is really meaningless -- and those Who are concerned about the so-called mandated cost, Well the cost is already here. The cost will begin January l simply because all these election commissions across the State of Illinois wl1l have to keep dual records, and in keeping those dual records, they would automatically have that mandated cost. So wedre not saving any dollars. The question is whe*her or not voters Would have the opportunity to register by mail, and there's nothing wrong with that, if you're concerned about the American people or the people of Illinois particlpating in the electoral process. So passing a resolution when your own 1 House Members -- your own House Members on that side of the aisle thought is was a very good idea. And some of them are pretty bright on the other side of the rotunda, and they voted for this 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leglslatlve Day December 1, 1994 last spring. But for us to sit here and -- and play games with this issue, we 're not solvlng the prcblem. But every municipal election that is to be held in Eebruary and April of next year could conceivably be thrown out because I can see a class action suit being flled by someone who was denied the opportunity to participate. This is a dumb resolution. It is ill-advised . It's not in the best interest of the people of Illinois, and the sponsor in his infinite wisdom should -- should do us al1 a favor and just withdraw the resolution.

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

Thank you, Madam President. I also rise in oppositlon to thts amendment <sic>r and -- frankly I am appalled that a Legislative Body brought here by voters, who had to vote for us to bring us here, should stand opposition to any means by whlch the voter can participate more fully in that process. That just seems to me a contradiction in terms. Ten years ago I Worked with a number of grassrcots organizations - Republican, Democrat and so forth on the road toward a motor-voter bill, with the simple idea of trying to remove the barriers that were keeping voters from being able to vote. I have been in rural areas where people told me they had to walk two and three miles to get to a polling place, because it was absolutely imposslble for them -- the restrictions were so tight. We have already been throughy in this country, the poll taxes. We have been through al1 kinds of measures that have prohibited people from voting. This, very simplyr says that people now have one more means by which they can vote, and thlnk that is a legitimate -- and franklyy it's already in place. So for us to stand here and say that people should not have that option when has already been passed by the Congress, T think it is disingenuous to talk about this costing tcc much. The cost of 29  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 having a two-tiered system willr fact, be, in the lonq runy far more costly to a1l of us than implementing what is already law.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Before I call the next speakerr the AP requests the right to take photos. Hearing no objectionr the request is granted. The next speaker, Senator Karpiel.

Welly thank you, Madam -- Madam President. The Executlve Committee and its debate was mentioned earlier by one of the speakers, and as Chairman of that Committee, I would like to set a few things straight. The previous speaker mentioned that someone talked about ideological and phllosophic dlfferences. That was me. suppose in this Body when a11 anyone talks about, on that side of the aisle, seems to be politics and that al1 the -- anyone opposed to this -- to the bill and for this resolution is doing only out of politics, suppose someone who mentions philosophy -- political philosophy or ideology is way off base. Bu* frankly, for some of us, there is a big difference philcsophically between the parties, and on some issues philosophy guides our vote. Whatever happened to state sovereignty? Anythlng -- according to, I believe, the Tenth Amendment, power is not delegated to or prohibited by the federal government and reserved to the states. Since when does the federal government have the rlght, under our Constitution, to contlnually mandate on the states their -- their wishesz what they want done: when it is not the Constitutlon for them to do so? And not only to mandate that We provide this increased voting ability -- this increased enfranchisement of voters, but tells us specifically ltem by item hcw it has to be done. Now, I know the State has done that to local governments and they're pretty sick of it when we do it. And I don't blame them. And I'n pretty sick of it when the federal government dces it. Now, for al1 those people on the other side of the aisle, 1et 30  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 me say that this is not a resolution to try to stop increased registration or increased voting on the part of anybody or anyone's constltuents. What I don't like is the federal government telling us how to do it. I also have a philosophic difference with the idea of allowing people who are not citizens of the United States to vote herez and the federal bill does not allow election officlals to ask potential voters lf he or she is a citizen of the United States. I think that is wrong . Now, there are some of these things that were said that are simply wrong, on 1 I the other side of the aisle. We are not going to necessarily have this tremendous confusion about voting between local and federal electlons. At the present time, Illinois has a very fine method of reglstering people. We -- we have a 1ot of places. They can register at libraries. They can register at the Secretary of State's Offices. The two parties do a good job. Candidates get people out. We have a pretty good way of registering, and very frankly, if they have to ealk or drlve or get a few blocks eo get someplace, or even a miler I think there's a little b1t of citizen responsibility here too . But we have places to register. If theyy in fact, reqister at any of the places they can now registerz and they dre a new registrant or have moved - Ehey want to change their registration - if they do that at the places they are now allowed to register - the drlver's license facilities, libraries, all the other places, village halls, county offices - they can vote in both elections, just as they can now. They are not going to be restricted. So Ehat is patently false. Le* me tell you another problem with this bill. It calls for us having to decider of all these different agencies and units of government, who can register. One of the things that held this blll -- the bill up from being passed last year was because we couldn't come to an agreement on which agencies or units of government should be included, one of whlch that was suggested 31  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1994 were libraries. Libraries came in here and told us was golng to cost them a great deal of money to do this, because -- 1et ne tell you about Roselle. Roselle lies in two countles, Cook and Dupage. At the present time they register people. They have people there that'll register you, but they have -- first of all, they have no employees that live in Cook. Even they did, you have to have a register according to the federal law, you have to have a registrar there at a1l times that you are open ready to register people. So you would have to have some -- and since they are open days, evenings and weekends, you would have to hire several more people just to take care of that. And they Were objecting to that. That's one of the reasons that bill Was helb up last yearr because we couldn't come to terms on that. Not because we didn't Want to register people, but because like a 1ot of mandates a 1ot of mandates that we pass that in concept sounds good and probably is very gcod - and I have no objection to the concept of enfranchislng more people - but ln -- but the details ln implementing that concept ls where we find so many problems. There are a 1ot of problems with the federal bill. This resolution does not say kill the bill. It does not say repeal the bill or anything. A11 it is asking are three things: to give us time to enact reasonable implementation; to allow Congress time to reconsider some of the requirements of the bill; and to allow Congress tlme toz perhaps, find a funding source of the bill, because it's just another mandate without funding. I urge a Yes vote on thls resolution.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? We have two more speakers. Senator Bowles.

Thank you, Madam President. As an elecelon authority who administered elections for in excess of twenty yearsy non-passage 32  STATE OF ILLINOIS 88:H GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December lw 1994 of this resolution -- I urge you to vote a No on it. The i complexlty of elections has increased dramatically in the last i twenty-four years, and the judges of election will be subjected to greater complexity if the National Voters Registration Act is not complied with by the State of Illinols. You are creating a second election in each and every precinct, and I can envision the number of election contests that will result from our failure to comply with the National Voters Registration Act. I urge al1 of you to vote No on this resolution, and let's get about the business of adopting the National Voters Reîistration Act. And Senator Karpiel, in due respectr the registration form that is signed by the registrant at the time they register states: I solemnly swear or affirm that I am a citizen of the United States. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Karpiel, what purpose do you rise? SENATOR KARPTEL: I Welly I understand that on the new form, Senator, there is an afflrmation, but there is no -- you don't have to show any kind of a verification or identification or anythlng to prove that. So I think it's less than, you know, less than nothing. PRESIDING OFFICER: (SENATOR GEO-KARIS) i Further discussion? Senator Jacobs.

Thank you, Madam President, Ladles and Gentlemen of the Senate. Would the sponsor yield?

PRESIDING OFFICER: (SENATOR CEO-KARIS) She indicates -- he indicates that he Will.

This is' Senator, ls it not -- thls is simply a resolution? It has no true effect of law?

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dudycz. ; 33  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 151st Legislative Day December 1, 1994 i i 1 SCNATOR DUDYCZI 5 That's correct.

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

... tmicrophone cutoffl...much as there was some conversation about philosophies and that's the reason certain things are being doney I just curious if you could maybe amend this so that you could urge Cangress to -- to pass term limits within the first ninety days of -- of the new Session?

PRESIDIRG OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Butler. You know we have spent about forty-flve minutes on this one toplcy and we're not done yet. Senator Butler.

Thank you. 1'11 be brief. I just want to polnt out one comment that -- of the many excellent comments that Senator Karplel made. And that is, she used the word ''citizen responstbllityu. I wish I could feel that this -- that this billy the voter registration bill, was direeted at Mr. and Mrs. Average Citizen. What it's really direeted at is the lazy, the indlfferent, the disinterested citizen, because we provide so many opportunitles for people to register and for people to vote. All citizens need to make very little effort in order to vote, or -- or to register. What more can we do? Maybe we ought to put a -- put a -- a registratlon blank or a ballot on everybody's pillow and beg them to vote. You know, that word ''citizen responsibllity'' is, I think, the most important thing that's been said here today. We constantly are catering to the whiners. This is a whiner blll. ''Please make it a little easier for ne to vote.'' My God, we have responsibillty as citizens, and this is the chance, T think, to say to al1 poteneial voeers, ''My gosh, 34  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 you're cttizens. This is a democracy. Make some effort. It doesn't take much. Please, make some effort to vote.'' I -- I urge you -- and I support Senator Dudycz's resolutlon.

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

Thank you, Madam Presldent. Will the sponsor yield for a question? ! PRESIDING OFFICER: (SENATOR GEO-KARIS) i He indicates that he Will.

Senator Dudycz, ls it truey to your knowledge, that in addition to the affirmation of citizenshtp on an voter 1 , reglstration form, that the form r wlth respect to lawful permanent residents who have beccme naturalized U.S. citizens, requires one to state when they became a citizen, in what U .S. distrlct court that took place, and the year? I PRESIDING OFFICER: (SENATOR GEO-KARIS) ! Senator Dudycz, to respond.

Senator, are you referring to the -- the nek form or the o1d form -- the current forms? :

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Garcia. SENATOR GARCIA : I 1 I'm referrlng Eo the form in use currently, and whatever new I I forms may be in effect. The ones that are used currently in Cook County, to your knowledge, Senator.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dudycz, to respond. I :

Staff tells me that you are asked where you were born, but any 35  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 further we don't know. And as far as the proposed language of the new forms, I have no idea, Senator.

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

Madam President, for the beneflt of the sponsor of this resolution, I'd like to inform him that those forms require anyone who became a citlzen through naturalization to give the date, the place, when that naturalization occurred, and that the Board of Election will verify that with the U.S. Immigration Service to further prevent any fraud from taking place. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further dlscusslon? Hearing none, Senator Dudycz, to close.

Thank you, Madam President. You know, enough has been said on this resolution. I'd just like to give a few brief points, reiterate that this ls -- that Natlonal Voter Registration Act is an unfunded federal mandate. The Secretary of State's Office has stated the estimated cost of between four hundred and -- four hundred thousand dollars start-up costs, including tWo hundred thousand in printing -- in printers alone. Some of the -- your fellow former colleaguesr Senator Bowles, other clerks have come to my office and they have said that start-up costs in -- for the clerks would be very, very expensive. Champatgn County Clerk, for example, said with a population of a hundred and seventy-five Ehousand, estimates of the start-up costs for their county alone would be approximately forty thousand dollars. I'd just like to again say that everybody in Illinols has an opportunity to -- to register to vote today. I mentioned a long list of locations. And I an not personally opposed to motor-voter, Senator Stern. You -- you may recall that back in 1990, the General Assembly 36  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 passed a bill, Senate B1l1 2157, Which allowed registration in the State -- Secretary of State's facilities, and since then, cver seventy-six thousand people have been registered at the Secretary of State's Office alone. As a matter of fact, I even cosponsored - - When you were in the House, you sponsored Hcuse Bill 3563. I cosponsored it in the Senate hoping to -- not to disenfranchise: but to enfranchise our citizensr to encourage people to vote. But this unfunded federal mandate that the -- that the Congress has -- has jammed down our throats is -- is making it very difficult for states like Illinois to comply with, and all wedre asking for ls a one-year extension so that the -- the points that I mentioned earlier can be addressed. Thank you.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dudycz moves the adoption of -- of this resolutlon, and we are going tc have a roll call vote on it. So, those in favor will vote Aye. Thcse opposed will vote Nay. The voting is now open. Have a1l voted who wished? Have all voted who wished? Have a1l voted who wished? Take *he record. On this question, there are 32 votlng Aye: 26 voting Nay, none voting Present. And this resolution's hereby adopted. Illinois Information Services requests permlsslon to vldeotape. Hearing no objectionr permission is granted. Senator Watson, for what purpose do you rise?

Yes. Thank you, Madam President. Point of personal prlvllege.

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

We have a resolution that we've introduced for one of our staff members here on -- on our slde of the aisle - Republlcan side of the aësle - who will be retirëns at the end of this year, 37  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 Carolyn Cronin. And I thlnk Carolyn is here. Carolyn, if you E would. Carolyn Works on our press staff, and has worked for us i i for ten years and has been my press staff for khat perlod of time. And I just Want to show my appreciation for the work thak she's done here for us on our side and I'm sure you lve collaborated with *he other side on -- on many of occasions, and you've done an outstanding job. You literally follow me around from commlttee hearing to committee hearing or whatever it may ber and -- and -- and I really Want -- want you to know how much I appreciate the work and effort that youdve put -- put forth for me, and -- and other Members, I'm sure, concur with that. We have some cake here that -- in honor of your leaving us, and we wish you Well, and -- and againy thank you for al1 that you've done for us.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watsonz your comments are well made and for a very deserving individual. Senator Tcpinka, for what purpose do you rise?

Yes. Madam President, there Will be a meeting of the Senate Health Committee as soon as our enclave here dissolves, at my desk on the Senate Floor. We expect it to be extremely minimal in terms of tlme.

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

Thank you, Madam President. I Would like to announce a Republican Caucus immediately following adjournment for some -- a brief period of tlme. Pate Philip 's Office.

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

Thank you, Madam Presldent. There Will be a Revenue Committee 38  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 -- Senate Revenue Committee meeting in Room 212 at 11:45. I

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

Thank you, Madam President. Theredll be a Democrat Caucus in Leader Jones' Office immediately.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you. There's a Republican Caucus immediate after thts morning's adjournment, and a Democrat Caucus immediately after. Senator Hawkinson, for what purpose do you rise, sir?

Thank you, Madam President. There lll be a Judiciary Committee meeting in Room 212 at 12 noon.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Judiciary meeting at Room 212, 12 noon. Would you please look at your Calendars? Page 2. On the top of page 2, on the Order of 2nd Reading, Senate Bill 251. Mr. Secretary, would you read the bill. Madam Secretary.

Senate Bill 251. (Secretary reads title of bill) 2nd Readtn: of the b111.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Have there been any Floor amendments that have been approved for consideration? Madam Secretary.

We -- we have no amendments reported, Madam President.

PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. We pre walting -- if you'll stand at ease for a few momentsy We're waiting for a Rules Committee Report. And then we'll be recessing to the call of the Chair for the purpose of the committee meetings. 39  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leglslative Day December 1, 1994 ( (SENATE STANDS AT EASE) k : (SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR GEO-KARIS) Committee Reports.

Senator -- Senator Weaver, Chairman of the Committee on Rules, reports that the following Measure has been assigned to committee: Conference Commlttee No. l to Senate Bill 1153 has been referred to the Judiciary Committee.

PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further -- any further reports? Hearlng none, there Will be caucuses. There's a Democrat Caucus lmmediately, and there's a Republican Caucus inmediately and the Senate will stand in recessr and our committees taking place after the caucuses. We stand in reCeSS . (SENATE STANDS IN RECESS) (SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR WEAVER) The Senate w11l come to order. Committee Reports.

Senator Weaver, Chair of the Committee on Rules, reports that the following Leglslative Measures have been assigned to committees: To the Committee on Educatlon - Conference Committee Report l to Senate B11l 8817 to the Committee on Local Government 40  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 and Elections - Conference Committee Report to Senate Bill 1366. ! Senator Hawkinson, Chair of the Ccmmlttee on Judiciary, reports Senate Bill 1153, the First Conference Conmittee Report, Be Approved for Consideratlon, and Senate Bill 1232, First Conference Committee Report, Be Approved for Consideration. Senator Topinka, Chair of the Committee on Public Hea1th and Welfare, repcrts Senate Bill 1147, the motion to concur with House Amendments 1, 2, 3 and 23 Be Adopted . And Senator DeAngelis, Chair of the Committee on Revenue, reports Senate Bill 1211, the motlon to concur with House Amendnents 1, 2, 3 and 7 Be Adopted. END OF TAPE TAPE 2

PRESIDING OFFICER: (SENATOR DONAHUE) Supplemental Calendar No. 1 is being distributed within the Genate Chambers. And Ehose within earshot of my voicey will you please make your way to the Floor? Final action will be taken on a number of bills. Messages from the House.

Message from the House by Mr. Rossi: Clerk. Mr. President - I am directed to inform the Senate that the House cf Representatives has concurred With the Senate in the passage of a bill of the following tltle, to wit: Senate Bill 1728, with Hcuse Amendment No . 6. Passed the Hcuse, as amended, December 1st, 1994, by a three-fifths vote.

PRESIDING OFFICER: (SENATOR DONAHUE) 41  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1y 1994 Resolutions.

Senate Resolution 1991, offered by Senator Toplnka. Senate Resolution 1992, by Senator Cullerton. Senate Resolution 1993, by Senator Philip. And Senate Resolution 1994, by Senator Burzynski. They dre a1l congratulatory, Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) Consent Calendar. ...tnicrophone cutoffl...now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all of those read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objectlons filed to any resolution on the Consent Calendar?

No objections have been filed: Madam President.

PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? If not, the question lsy shall the resolutions on the Consent Calendar be adopted. A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the notion carries. And the resolutions are adopted. Channel 7 seeks leave of the Body to take pictures of the Session. Is leave granted? Leave is granted. On Supplemental Calendar No . is Senate Bill 1147. If -- leave of the Body, we'll come back to that. Next ls Senate Bill 1211. Senator Tom Dunn. Read the b1l1# Mr. Secretary.

Senate Bill l211y With House Amendments 1, 3 and 7.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.

Thank you, Madam President. Actuallyz Amendment No. 7 becomes the bill, so 1'11 address myself to that. This bill addresses a 42  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 problem that was created by the Wood River Township Hospital down in southern Illinois. There are four hospitals that are run by townships in the State of Illinois, and thls ls one of them . And 7 what they did was to pass a levy to pay off tort immunity bonds, and the effect of that was to have doubled the taxes in the area for property owners, b0th commercial and residentëal, Without any referendum . This bill Would prevent that from happenin: in the future again by those four hospitals, so that the hospital may : levy taxes for tort immunity purposes only if those taxes remain ' under the limitation. I'm happy to answer any questionsr if there are any.

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

Thank your Madam President. Will the sponsor yield for question?

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yieldy Senator Hawklnson.

Senator Dunn, where are the other three township hospitals that would be affected?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn.

They're in southern Illlnois. And 1'11 have to operate from memory. There -- there are none around you that I recollect.

PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Any further discussion? Seeing none, Senator Dunn, to close. SENATOR T. DUNN: g Urge an Aye vote. l i

PRESIDING OFFICER: (SENATOR DONAHUE) 43  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislatlve Day December 1, 1994 This is final action. The question is, shall the Senate concur in House Amendments No. 1r 2, 3 and 7 to Senate Bill 1211. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. The Senate does concur in House Amendments No. 1, 2, 3 and 7 to Senate Bill 1211, and the bill, having received the required three-fifths najority vote, is declared passed. Do we have leave to come back to Senate Bill 1297? Leave is granted. On Supplemental Calendar No. 1 is Senate is Conference -- under Conference Committee Reports, is Senate Bill 1153. Senator Dudycz. Mr. Secretary, read the bill.

First Conference Commlttee Report on Senate Bill 1153.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

Thank you, Madam Presldent. Members of the Senate, before us today we have Senake Bill 1153, the contents of Which are the result of hard work by many people. And before I go into -- briefly going into the bill, I'd like to recognize the principals that were involved in the creation of what we noW know as Conference Committee Report No. l to Senate Bill 1153. I -- I first I recognize the architects of tbis bill, and that is Governor Jim Edgar and Mayor Richard Daley, Senate Presldent Pate Phllip, Senate Minority Leader Emil Jones, as Well as Speaker Madigan and socn-to-be Speaker Daniels. They were the ones who thrust a11 of us together to hammer out this one-hundred- and-flfty-seven-page document. And secondr I'd like to recognlze the people who did the wark, the -- the people from the various offices of the principals: Mr. Jim Montana and Richard Agin from the Governor's office; Jim Rellly and John Roe from the Mayor's 44  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislatlve Day December 1, 1994 office - Jim Rellly, from the Mayor's office, even came to my office on Thanksgiving morning to hammer out some nlnor points - ' John Roe, who 's creative mind conceived much of the Mayor's initlatives; from our oWn staff, we have Mark Warnsing, Phil Weber and Gideon Baum, who put their heads together and came out with -- with the Senate's perspective towards this package; as Well as Speaker Madigan and Representative Daniel's office, J1ll Wineman and Frank Houser <sic> (Straus). I think thls -- this package is very impcrtant to the people of the State of Illinois, and those people need to be mentioned as being very crucial to puttinq this together. Also, I'd like to recognize the Chairmen and -- of -- other -- Minority Spokesmen of the committee -- the Judiciary Comnittees in the Senate and the House: Senator Carl Hawkinson, who was the -- the lead thrust of the legislative efforts, along with Senator Ed Petka, the Vlce Chairman, and Senakor Tom Dunn, the Minority Spokesman of the Judiciary Committees. They joined wlth our counterparts from the House, Tom Cross and Tom Homer, to put aside their political differences and truly work in a bipartisan fashion to pass this bill. And finally, I would just wish to recognize the 1aw enforcement community of Illinois, which kept the police perspective in focus, as well as the police officer safety - a priority in this package. I met with Chicago Police Superlntendent Matt Rodrlquez, as well as elghteen other sheriffs and police chiefs from the metropolitan area and other parts of the State of Illinois last Week in Chicago, and we received input from them into this package. The crlme bill before us this afternoon has three major components, the first one being the contents of House Bill 381, which passed earlier this summer out of the Senate with a vote of 57 to 1. It toughens the prostitution and juvenile pimping laws; expands child pornography to lnclude ccmputer distributed pornography; fraud in the WIC program - that is the food aid for women, infants and children - 45  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 is attacked comprehensively; the laws agalnst the criminal use cf firearms is strengthened - persons convlcted of the lllegal possession of firearms are subject to a mandatory tWo to five years imprisonment; penalties are increased for the unlawful possession -- of use of guns within one thousand feet of a school; armed violence with handguns, semiautomatic weapons, sawed-off firearms and machine guns will now carry a mlnlmum of fifteen years in prison; a minimum sentence of community service is requlred to minors found delinquent on gang-related crimes. We also have input from the Governor's office, three major provlstons which were eloquently elaborated on in Judiciary Committee about a half hour ago by Directors Howard Peters and Jess McDonald. The Governor's proposals, brieflyy allows delinquent mlnors who cannot E be properly cared for or rehabilitated, after placement with the ! Department of Children and Family Services, to be transferred by the court to a secure residential facility licensed or operated by the Department of Correctlons. The -- the transfer to the Departnent of Correctlons will require recommendation of a special interagency review committee and a court hearing to determlne lf transfer to a secure residentlal facility is justified. And the penalty is increased for compelling membershlp in a gang. And the third and very important provision of this crime package are fourteen proposals from the Mayor's Illinols Safe Neiqhborhoods bill, and they are including the followinq : A presumption is created that certain minors charged with violent offenses of felony drug crimes should be tried as adults; it allows a langer continuance of a -- of a delinquent's adjudicatory hearlng, if for an offense involving death, great bodlly harm or sexual assault; mandates minimum dispositions on juveniles thirteen and older found delinquent for first degree murder; it increases the penalty for intimidation and for threatening jurors and witnesses; it allows the court to conslder an extended term prison sentence for l 46  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December lr 1994 a felony commltted by a gang leader; mandates a minimum sentence of thirty to one hundred twenty hours of communlty service for a gang-related crime; it increases the penalty for commission of a DUI while the person's license Was suspended, revoked or restricted because of a prior DUI or reckless homicide violation; it raises the maxlmum penalty for aggravated DUI which involved an accident resulting in great bodily harm ; imposes mininum two years probation on flrst-time drug violators and requires drug testing and community service; it creates the neW crime of gunrunning to significantly increase the penalty for the unlawful transfer of three or more guns to a person; it also increases the penalty for defacing the serial number of a firearm; it makes it a felony to violate a condition of bail prohibiting the possession of a firearm, and allows the court, as a condition of bail on certain offenses, to require the defendant to surrender his firearms to 1aw enforcement, pending the outcome of his case; it increases the minimum and maximum imprlsonment required for the aktempt murder of a police offlcer or correctional officer or EMT; and finally, it increases the penalty for aggravated battery with a firearm and aggravated discharge of a firearm against a police officerz correctional officer or EMT. Ladies and Gentlemen of the - - of the Senatep crime has no political preference, and in our attempt to deal wlth neither should we. This is a -- a crime package which is a gocd start. Noz it will not eradicate crime in Illinois, but it sure is sending a message to the people of the State of Illinois that the Illinois General Assembly, combined with the Mayor's offlce, the Governor's office, we are worklng together to -- to work against the criminals: so that the criminals know that their days of easy living are going to be comlng to a close. I ask your support on Conference Commlttee Report on Senate Bill for the people of the State of Illinois. 47  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 PRESIDING OFFICER: (SENATOR DONAHUE) i Is there any discussion? Any discussion? Senator Garcia. j

Thank you, Madam President. Would the spcnsor yield for a question? l

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yleldz Senator Garcia.

Thank you. Senator Dudycz, I read thls mornin: a staff analysls of the bill that eame out of the House that Was estimated to be in the range of approximately two hundred and twenty-one million dollars, in terms of its impact on the State of Illinois. Can you explain to us hcw we went from a cost -- a projected cost of two hundred and twenty-one million to a approximately fifteen million, please?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

Yes. Thank you; Madam President. The Correction's Impact Note does show a fiscal impact of fifteen million dollars, and I think that Senator Hawkinson can elaborate on that if... I would yield my time now to Senator Hawkinson.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz yields to Senator Hawkinson.

I think, Senator, Ehere was an understanding among a11 the participants in this negotiation that with the new federal crime bill and the push for the truth-in-sentenclng measures that are going to have to be considered in January in conjunction with the existing crime bill and the potential changes that Ccngress may make ln that crine bill, that we're going to have to revisit the whole sentencing structure next year and that in light of that, 48  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT ! 151st Legislative Day December 1, 1994 some of the sentence enhancementsthatWerecontainedin--in 1 this bill were deferred to January. l

PRESIDING OFFICER: (SENATOR DONAHUE) Leave has been asked for WclA-channel 3 from Champalgn to filn the proceedings. Is leave granted? Leave is granted. Senator l Garcia. I i SENATOR GARCIA: ! Thank you, Madam Preskdent. Senator Hawkinsonz given that we : have a fifteen-million-dcllar price tagz can you briefly explain what that will cover, given that we Will be revislting the fiscal aspects of it in January, as you stated. i PRESIDING OFFICER: (SENATOR DONAHUE) ! Senator Hawkinson.

Director Peters handled that question I -- I thought quite ' well ln Judiciary Commlttee a few minutes ago, and -- and basically the explanation is, that fifteen million ls not thls year's cost. That is a five-year cost. There are some tWo -- 2.3 million, I think, that Will be necessary in terms of the juvenile planning and the juvenile facilities. Much -- much Lf the money that -- that goes in that area, however, is already bein: spent through placements that We dre nakln: out of Statey et cetera . But the fifteen million, even that figure: is a five-year cost flgure on some of the enhancements such as the -- the enhancements for shootin: at police officers, firemen and paramedics - the dramatic and enhanced senkences that We have in there; some of the enhancements that we're getting tough on gang leaders who are committing some of these crimes. But that the -- the costs of those enhancements is spread over a five-year period.

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Garcia.

k : 49  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 I appreciate that; howevery what we're saying is that we don't know -- we don't have a very precise figure of what the cost -- the impact of this bill will be and we plan to, in Januaryy begin I to address that? ! !

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.

Absolutely not. You're -- you're a hundred and eighty degrees off. We do know what the cost Will be; it'll be -- roughly fifteen mlllion dollars spread out over a five-year period, w1th roughly thirteen million of that being the enhancemènt costs, and the 2.3 mlllion being the juvenlle provision cost. But We do have a good handle on the cost of this bill.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Garcla.

For a last question. Senator Hawkinsony can you explain some of the privatlzation aspects of thls bill, just in general?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawklnson.

There was concern raised on that also in -- in committee, and Director Peters again reaffirmed that there's no intention for any juventle facllitles in DOC to be privatized. The language is -- is applicable towards the juvenile secure detention provisions, Which may, in some instances, be licensed private facilities, but there's no intention to expand this beyond those secure detention facilities.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Madam Chair. A question for the sponsor. 50  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 151st Leglslative Day Decenber 1, 1994

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he 'll ykeld, Senator de1 Valle. SENATOR dEL VALLE: Senator Dudycz, in terms of the provisions allowing for the -- putting ten-year-olds and eleven-year-olds in secured facilities licensed by the Department of Corrections for an extended perlod of time, what is in this bill that tells us what is golng to be done with those youngsters during the perlod that theydre incarcerated?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson. I I SENATOR HAWKINSON : j Thank you, Madam President. This, again, Nas discussed at committee taday, Senator. We're talking about ten-/eleven-year-olds who have committed violent crimes, have been adjudicated delinquent and are also wards of the State through DCFS. The concern that I thlnk youdre expressing is to make sure that there continue to be plans developed within the Departnent, to nake sure that there is continual review of these cases, and also that when -- when they are released from the Departmentz that there be planning that takes place Within DCFS and the Department to make sure that they are continued within the services provided i b i y DCFS, and that is the intention of both the Department and DCFS. The Wardship will continue, that you asked me earlier. There is no cutoff of the wardship. They will remain wards of i DCFS.

PRESIDING OFFICER: (SENATOR DONAHUE) All you have to do is punch your button again, Senator del Valle. SENATOR dEL VALLE: i Thank you . My question stlll is: What -- what kind of i activityr what kind of programming, what klnd of rehabilitation i 51  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1994 type of activities are going to take place within that licensed faciltty that may at this point may be operated by a not-for-profit? Is that correct? But down the road there ls a plan to build a D0C juvenile facillty to secure these indlviduals. What type of activities? Becauser as we all know, there's nc such thing as rehabllitation in the Illinois Department of Correctlon's system for adult inmates. And we a11 know that many of these inmates come out a lot meaner, a 1ot angrierr than what they were when they went ln. And that is why we have, in part, such a high recidivism rate. So my questlon is: What are we going to do to make sure that these young individuals - very young indlviduals after they've served their time, are released and not returnlng as a result of the condition that they're in at the time that they're released?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawklnson.

First of all, the facilities for the delinquents under thirteen will be separate from the Juvenile Department of Corrections for those thirteen and older. So it will be a separate facility. 80th Director McDonald and Director Peters assured us that there will be the full continuum of servicesz includtng the mental health services and the other juvenlle servlces, the programmatlc services they'll be developing . In terms of the licensing of the private sectorsr the licenslng standards Will ensure that theredll be that full continuum of services. But it'll be the continuum of services, and lt's not the same as the adult facilities. Indeedr it will be run separately from even the facilitles for the older juveniles.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator de1 Valle. SENATOR dEL VALLE: 52  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislatlve Day December 1, 1994 Madam Chair, to the bill: Yesterday 's Sun Times had an editorial urging this Body to slow down on this bill, and I think ( we just heard, I thlnk, one of the reasons why we should be slowing down. It's really not clear here what we lre going to be doing with ten- and eleven-year-olds. I worked in a Boys' Club for nine years, and I represent a district Where just about everyone will tell youy and w11l agree, that there is a need for Illinols to have a correctional system that lncludes facilities to deal wlth ten- and eleven-year-old violent offenders. Everyone agrees with that. The question is not whether or not Illinois should proceed in that direction, instead of sendinq kids out of State, but how is Illinois going to proceed. I Want those individuals from the City of Chlcago, ln particular, who came down here to lobby for Mayor Daleyls Safe Neighborhoods blll, I want them to know that this bill here today is very, very different from the bill that they were told they were lobbying for. I want my ccnstituents back in my district to know that this bill does not include a 1ot of provisions that were originally in that bill. Thls bill does not, for example, include the ban on the sale of assault weapons. It -- thls -- or, the original bill had greater penalties for gunrunning based upon the number of flrearms delivered. Thls b111 deletes the entire secticn dealing with chlld abuse which prohlbited a person from owning or working at a child care facility lf convicted of certain crimes. This bill does not have truth ln sentencing. Most of the violent offenders in our community are adults. Thcse Were the individuals that we wanted to see locked up for at least elghty-flve percent of the time that they were sentenced to do. Those are the ones thak I'm really worried about. But this bill does nothing about that. And I'm glad, Senator Dudycz, you sald that crime will not be eliminated July 1st or January 1st, Whenever the bill takes effect; that we will still have crimey because that's exactly it. ! 53  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leglslative Day December 1, 1994 We 're not doing anything about the real problems here. But because of some high-profile cases, this Legislative Body once again, along wlth the Mayor and -- and the Governor, have decided that they have to proceed, that they have to show that they 're tough on crime, that they've taken a step . The question is: What kind of step? This step is not taking us where We need to go. This step is not golng to protect our constituents from violent offenders. It's not golng to. And 1et me also say that even though we don't have truth in sentencing in this billr which ls what I think the public wantsr it still will requlre construction of new facilities. And I want to go on record right now, and I want the Mayor of the City of Chicago to go on record once and for all. Corrections is a growth industry in this Statey and it'll continue to be a growth lndustry. And one of the things that shocked me the most was when I came down here a few years ago and was watchlng the local news, I saW this marching band high school marching band. was wondering what the celebration was in the town. The celebration was that they had just been awarded the constructlon of a prison facility. And that town was celebrating . Why? Because of the jobs that would be created. Let's construct these facilltles in the City of Chicago or near the City of Chicago so that people have access to the jobs, so that the klds that are in there that are secured can see some posltlve role models; they can see some black and Hispanic faces of indlvlduals who are working in these facillties and looklng to protect the publlc. That should be done. And we should have a bill next Session that says that future construction of correctional facillties will be in the City of Chicago. Let's make these facilities closer to the loved ones, so that they can then turn and work with those inmates and try to influence them to change their ways. Let's do that. Let's use a more humane approach, rather than creating jobs for some of our friends on the other 54  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 side of the aisle. The Corrections industry Will continue to I grow. But this is not going to protect us; this bill is going to cost. And I'm glad that individuals, earlier todayy sald that We ! shouldn't spend money on the National Voter Registration Act, that that's going to cost us money, and I guess what you had in mind i was rather than spending money to register people, let's set lt aslde so that We can spend noney to lock them up and keep them locked up, so that we can lock up the ten- and eleven-year-olds and not provide any kind of rehabilitation services while they're in there. Well 1et me tell you that some of those ten- and eleven-year-olds are going to get out, and theylre going to come back lnto my district and into your district and theyrre going to be a 1ot meaner and a lot anqrier at society, and then they're golng to do even more damage. And then what are you going say? What are you going say? ''Wel1, at least we secured them for awhile.'' What do you say to the victims of the families? What are you going to say to them? You 've put us in a box here. You've put us in a box; you didn't glve us a chance to partlcipate. Senator Dudycz, I was not consulted on this blll. Our side of the alsle was not consulted on this bill. The Mayor I of the City of Chicago and his staff slttlng up there - they didn't talk to us. They dldn't talk to us. You see? But when I visit these facillties, 1'11 see a 1ot of kids who look like I do. i But they didn't talk to us. What do I say to the famllies? This ls strictly politlcs. That's a1l it is, and you have the upper hand. This Will pass. This is a tough vote, but we will have acted in an irresponsible manner. We will have acted in a manner that is not just. And we are for crime, and don't try to palnt me as a liberal. I want these kids that are violent locked up. I want violent offenders off the street, but I also Want to make ! sure that it's done correctly, and I want to make sure that it's done in a fair manner, and I want to make sure that you don't 55  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leglslative Day December 1r 1994 force my community to suffer in an adverse manner, in a disproportionate manner. And that happens time and time again in this Body. And that's not right; it's not fair. Yes, it plays good with the voters. It certainly does. But this is Wronq. This bill is Wrong. This bill takes us half way to where We need to go. We need to take a full step rather than half a step . And ; for those of you that say, HWe11, let's take care of this in ' January. Let's take care of it in January. Let's clean it up in Januaryr'' yes, I suppose We could do that, but I'd like to hear some commitments here this afternoon that we are going to take i those steps. And I Want to know how we dre going to come up W1th the money to pay for all these additional facilities that are needed, because there are enhancement -- enhanced penalties ln here. And I agree with a 1ot of these penalties, but let's do lt E right.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Palmer. SENATOR PALMER: l Thank you, Madam President. Questlon of the sponsor.

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yield, Senator Palmer.

Senator Dudycz, what are the -- are there any prevention i dollars in the flfteen million that was mentioned as part of this package?

PRESIDING OPFICER: (SENATOR DONAHUE) Senator Dudycz. ! I

No.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

56  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leglslatlve Day December 1, 1994 I I So# was there any consultation with any of the organizations that have a history of working with young people? For example, Ada S. McKinley, as I understand it, had language that Would have enhanced not only the -- putting young people in secure facilities, but would have provided what Senator del Valle was talking about, the actual language to talk about *he kinds of activities that would take place during the time that they are incarcerated. Is that included?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

If I understand your question, Senator, no, I don't belleve that -- orz not to my knowledge. I don't know whether the Ada S. McKinley Organization was consulted from your community, but nelther was the Ncrthwest Netghborhood Federation consulted in the legislative negotiations on this bill from my community. As far as I know that they have -- they have given input over the months and years to the Mayor's offtce, to the Governor's offlce, to your office, to my officer and to all of our colleagues' offices of b0th -- of b0th Houses. And this, Senator, is a result of a11 of the offlces, regardless of political affiliation or -- or reglonal differences, combinlng to come up with somethlng that is meaningful.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer.

To the bill: This is not a meaninqful bill. And 1et me just tell you that I agree with probably what my colleaque, Senator Hendon, is going to say; that we need to be smart cn crlme, as well as tough. Ada S. McKinleyr by the way, is nct in my district; it is a citywide operation. My point is: I live in this community. I am one of these people who has to h1t the floor 57  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1r 1994 at 3 o 'clock in the morning, because people are shooting on the next block. I happen to have Englewood in my community, Which is I ; - - used to be the murder capital of the world a few years ago. The response to al1 this was to turn to organizations, to turn to I the universikies of Illinois and other universitles who have now a body of knokledge and infornation that would have been helpful in i this. The National Tnstitutes of Health, for example, did a study / i on the Englewood communlty: to look at what should be done in a i community that wants to participate in having a safe ccmmunity. i Nowhere have any of these orqanizations, have any of these communities where the problems arer been consulted to be part of ! this. AndTamtiredofalwaysbeingattheend-thetailend - of decisions made by this Body and other bodies to impose upon ) : communlties that ought to be partners in that process. We are talking about families; we are talklng abaut people who 2 legitimatelyshouldhavebeenpartofthisprocess,andthey were 1 I never consulted. They end up calltng my officer they call the I offices of everybody on this side of the aisle, and they are never part of it. Are you aware that a study in New York in 1987 by the I State Unlverslty of New York, funded by the National Institute of l Justice, shows that thls kind of thing dîd absolutely nothing, except lead to more recidivism. We could have had -- had we been I i involved in this, we could have put tcgether a sound juvenlle justice progran, so that when these young people came back and : moved next door to me and down the street from my neighborhood and ln my community, khey could have been citizens and eould have contributed. That has not been the case, and I think this is unfortunate. It would seem to me after *he statewide electionsr that we could get baek to being statesmen and stateswomen and nct I come up with this kind of nonsense.

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Geo-Karis. 58  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1994

Madam Presldent and Ladies and Gentlemen of the Senate, I'n just wcnderlng how my colleagues feel on the other side when we passed House Bill 381, when we amended lt and sent to the House, and sat there and sat there and sat there because of politics. And you want to say this bill is for politics. Well, the Mayor of Chicago, think, has some good common sense, and he has made some recommendations. We couldn't use a11 of them because there is such a thing as cost, and there's alsa such a thing as effect. But when I look at thls billz upon -- upon Which was worked, by the way -- on Which was worked by not only our Chairman of Judiciary and Vice Chairman, but also, I'm sure, your Minority Spokesman from your side was there, and so don 't say you didn't have any input into the bill. That's Why We have committees. You had lnput in the bill. Just because you don't like and you want to blame the Mayor of Chicago for everythlngz doesn 't give you an excuse to say the b1l1 is no good. Now, I'm a Republican and the Mayor's a Democrat. And I'm sure he Wouldn't vote far me, and I probably couldn't vote for him. However, crime is crimey and it's nonpartisan to have an interest in curbing This may not be the best bill, but it's a step in the right direction. If you folks are so interested in really doing more, well, come January start putting your bills in. Put scme bills that will make good sense and really help curb crime even more. But when lock at this package, think it has some very good khlngs in It protects children more. It also -- you go through 1t, lt increases penalties for people from -- who violated when they possess handguns when they're ineliqible by 1aw to possess them ; and unlawful sale of such firearms, the penalties have been lncreased; there's a mandatory imprlsonment for persons who are ineligible under the FOID Act to possess a firearm; and increases penalties for carrying concealed weapons unlawfully; and 59  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1994 enhances the penalty for unlawful use of weapons ccmmitted on or within a thousand feet of a school. How many klds have been gunned down near a school? Quite a few. And if you lcok further, provides the Governor's addition for the Department of Corrections to establish a privatized secure residential facility to house delinquent minors who are too -- too violent to be kept at the Department of Children and Fanily Services. think it's fine to get up before the television cameras and argue how bad the bill Well, I think the bill is a step in the right direction, and I think lf we use our common sense and really care about curbing crime, then let's support this b1ll and get lt out of here and get it over to the House, which I hoper in its Wisdom, will approve the bill.

PRESIDING OFPICER: (SENATOR DONAHUE) Is leave granted permission granted for Channel 2 News to record the proceedings? Leave is granted. Senator Weaver.

I'd move the prevlous question.

PRESIDING OFFICER: (SENATOR DONAHUE) Thank you, Senator Weaver. Further discussion? Senator Collins.

Thank you, Madam Chair. Questlon of the sponsor, please. Senator -- Senator Dudycz, is there any provision in this bill that would prohibit any juvenlle, other than those who are wards of the State, from being incarcerated in thls program?

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

Only those juveniles that have been adjudicated delinquent.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins. 60  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1: 1994

Yeah. The reason I raise that questiony because in your openlng statement you sald that this bill applled to children that were under the custody of the Department of Chlldren and Family Servicesr and that is not the case. Because under the existing 1aw - and this is the part that bothers me, and especially I'm ! coneerned about the ten- to thirteen-year-olds - that the judge could, under existlng laW - and it didn't change under this Act - I adjudicate any kid and place them under the -- the custody of the Department and make them wards of the State, simply by the fact that they had been adjudicated delinquents under the existing 1aW ! and under -- there 's nothing in this particular bill that chanqed that. So it is foreseeable that any case that went to courty any kid, and especially those that didn 't have the money for the klnd of legal representatione as the system works now, cculd in fact be turned over to the Department and then placed into one of these facilities.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

If I can -- if I understand your question right, Senator, the transfer can be made only by order of the court. And it is only - - it is only juvenlle delinquents who have been adjudicated delinquent -- juveniles who have been adjudicated delinquent and, as under current law, have been sent to DCFS.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.

I -- I understand that. I think the confusion here though is, I llstened to the hearin: this morning and they talked about such limited number of children that this program Would actually impact upon, and I$m -- and I guess the truth is that the -- the truth of I 61  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 I the matter is, we really don't know just how many children would be impacted by this particular law, once it's cpened -- the situation is opened up. And 1et me just make it very clear here. I -- I started working on a project, and as a natter of fact, I ! have a whole file here - case flle - asklng and searching -- worklng with DCFS, over a year ago, talking about - and I think ' long before Senator Topinka got involved - with trying to flnd out ! where were our children - those that had been placed out-of-state in out-of-state placement. And there most certainly is a need for us to come up with the klnd of facilities here in Illinois that will negate the -- the whole problem of having to place khese children out of State. I have no problem with that at all. But I thlnk Senator Palmer and Senator Mlguel basically hit on the majcr problems here, and that is: What are you doing w1th those ten- to thirteen-year-old children, who are really just as much of a victlm in this whole process as the people that they harm? Now, we do need to make sure that these children are not put into or taken out of situationsr so that they cannot harm themselves or they cannot hatm other innocent people, but at the same time, we should not place them in that stigma under the Department of Corrections. What is so Wrong -- if tbe money have to come to the I - - from the taxpayers, what is so wron: With the Department of Children and Famyly Services, for that category of children, providing those -- buildin: those facilities or however you want to do those facillties, through -- through private agencies or -- or Ehrough the State-operated agencies, operating those programs themselvesr rather than these ten- and thirteen- -- to thirteen-year-old children being labeled as criminals under Department of Correction? That stigma will go with that chlld the rest of that child's life, and you will nevery ever be able to - in the absence of a real rehabilitative plan - to be able to -- to rise above that stigma so that -- that kid can go on and grow up 62  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 to be a productive citizen. So what the taxpayers is going to be doing is paying for not only that child 's care -- and by the way, 1et me just talk about the cost of this. Senator Miguel del Valle I I talked about a growth industry. Well, youbve never seen a growth industry because this -- right now we pay -- let's talk about the pay here. The lockdown psychiatric care that We pay now per child, per dayr is three hundred and fifty dollars a day - Department of Children and Family Servlce. Lock -- delinquency locked up, We pay two hundred and fourteen dollars per day - per ' day. Nonsecure, a hundred and nlnety-three dollars per day. Well now, that's big business. And so what you're going to do# you're going to see a prollferation of these kinds of facillties and -- and requests for licensings of these kinds of facilities from people in the business to make money. And, yes, we are going to have to supply the product for them to stay in business. And what I'm afraid of: withoue ehe safeguards and the advocacy kinds of programs in this piece of legislation to protect these ehildren - to protect these chlldren - and the absence of a real rehabilitatlve plan to rehabilltate these chtldren: is that We are going to be warehousing these chlldren and more children, encouraged to lock these children up to keep this industry operating. If we're not very careful, thatls what we're going to do. And we 're golng to do a disservice not only to the children, but to the taxpayers of the State of Illinois because taxes are going to have to be raised to pay for it, and that's what we have to be careful about here.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz.

Thank you, Madam President. I -- I appreciate your comments, Senator collins. You know, I've -- just would like to make one brief comment to you. It's personal in nature. I -- I have 63  STATE OF ILLINOIS 88TH GENERAZ ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 l I served in this Body for ten years with you, and the correct pronunciation of my name is Dudycz. Thank you. I

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

Yeah. Thank youz Madam President. I know I feel compelled to make a correction of a statement that have been made. Back in the -- back in the sprlng of thls year when the -- when We Were in Session, I sponsored the Safe Neighborhoods bill, and that bill still currently languish in the Senate Rules Committee. But the bill that we have now is supposed to be a compromise bill, part of which I had -- I didn't partake in. I Want to make that record crystal clear. The bill that I supported was the bill that was a real tiger; the one that the House passed over with a1l the penalties in - all the penalties dealing with the transfer of firearms. Also included in that bill were provisions for youngsters who get -- gocd time off for youngsters who were in these detention centers. So I was not part of the pulling of the teeth out of the bill. Let's make that crystal clear. But had I been part of the negotiation that took place just recently this past Monday, I Would have ensured that protective measures would have been in there for those juveniles who would be incarcerated between the ages of ten and thirteen years of age. So, that we -- What we need in this bill -- and 1911 ask you a question, Senator Dudycz: Are there any rehabilitative programs, or educational programs, included in this legislation for those individuals to be housed in secure facilities? Is there anything in the bill that will ensure that those children who would be incarcerated, some attempt would be made to rehabilitate them?

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Oh! Senator Dudycz.

! 64  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 Yes. Thank you, -- Madam Presldent. Senator Jonesz we have been assured by both Director McDonald and Director Peters that those programs will be -- made available to those juveniles.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones.

Wellr I do have here a letter from Dlrector Peters and Director Jess McDonald indicating through the rule-making process, as we rush to judgement on thisy that those provisions would be included in the rule naking, which I really -- believe it should be statutorily, because if these facilities are golng to mlrror the current adult faeilities that we currently have, then all we 're doing is delaying a big time bomb because these facilities will become, more or lessz training ground for young persons who we -- where there is no attempt to rehabilitate them and they 'll come out worse than what they went in. In any glven society, if you're -- if you can't save the children, you can't save anyone. And I would have ensured that that would have been part of the bill. So even though thts is a blpartisan supporty I must make it crystal clear that When negotiatlons tcck place thls past Monday, I was not there, and so therefore my staff was not there. And -- but had I been there, I would have insisted - I would have insisted - that the language in the -- the bill that came over that would have eliminated good time for habitual juvenile defenders <sic> would have remained; I would have made sure that those persons who transfer these flrearms to one another that kill people would have remained; I would have insisted that those indlviduals who have -- have been convicted of child abuse, I Would prohibit them from working in these facilities. I would not have pulled out a1l the teeth that you pulled out of this bill, when you talk about being tough on crimes, especially as it relaEe to firearms. So I want to make that crystal clear. Wedre rushing 65  STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 to judgement on this issue, but we should have sat down to have the -- the necessary input. I want a safer secure facllity for . these young juvenile offenders, but by the same token, I feel these individuals, many of them, can be rehabilitated, and -- and we should have taken that into consideration. So I Want to make that one point crystal clear as we deal w1th thls bill, 'cause I I Wasn't the one that pulled the t00th -- the teeth out of the tigerls mouth.

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

Thank you, Madam President. This is a crime bill I'm flnally going to be able to vote ony with a11 due deference to a couple of i : my fellow Democrats. As far as being part of the process, 1'11 echo the same sentiments. Notvithstanding thae howevery I think there's a lot in this crime bill to be proud of. I think we got a message in November - a message I didn't particularly care for - q . that something has to be done. I don't know if the individual or set of individuals are around yet, been born yet, to try and figure out what we're going to do about these eight-, nine-z ten-, E eleven-, Ewelve-, thirteen-year-old offenders Who just refuse to behave themselves. Locklng them up is not somethlng that I particularly care for. You know my voting record here. It -- it just bothers me that wedre locking these people up -- orr these klds, in whatever we want to call them - secure detention i ! factlltles. That 's a nice wcrd. But wefre locking Ehem up. That's terrible that our society has to lock up ten-, eleven- and twelve-year-olds. But the sad part isr and my colleagues will i agree, we have to. We have to lock them up . What wedre going to do once we lock them up is somethlng that We better debate, to better debate long and hard in the upcoming Sesslons. Sun Times says webre going too slow. People said wefre not golng fast I 66  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1994 enough. We have to do something. like this bill because it's forclng us to do something. don't see how we 're not going to address So to get assurances that you people, or the Republicans, or the DOC, is going to address it, Well of course you have to. What else can you do? If We lock them upz We 're going to have to teach them; wefre going to have to do something with them. So I believe that somethtng is golng to be dcne, and I still think there's a lot of teeth in this bill. Take a look at it. We 're doing a lot. think we're sending the criminals a message. However, lastly 1'11 say this: I just hope that DOC looks long and hard about privatizlng We are taking care of forty thousand inmates. And to say that we have to privatize taking care of a hundred ten- and fourteen-year-olds, I just don't think it makes sense. I think we have the wherewithal State government. we're going to be there from the beginning, when we arrest themr to what wepre going to do with them when we go tc court, and the State 's going to run it all, now we 're going to hand down a punishment and say, we're not -- We don't have the wherewlthal to carry out the punishment or to carry out rehabilitation - that doesn't make sense. dcn't like the privatization part of this bill. think DOC can do themselves, but the rest of the b111 is terrific. Thank you.

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

Thank you, Madam Presldent. This bl11 is a Hfeel good'' bill. Make the people of this State feel good, feel like we've done something. We really haven't done anything. But it's a ''feel good'' bill. It's the kind of bill that you can run for re-electlon on# even though you haven't accomplished anythlng . Now, my friend, Senator Dudycz, said that our Leader on this side of the aisle had something to do with this bill. Well, you just  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 heard our Leader say he had nothing to do with this bill, and that's one' of my problems. There are some good thlngs in this i bill; there are some bad thlngs in this bill. If We had the opportunity to work together, this could have been a great bill. And some of you say, ''Welly put your amendments in or your changes I ! in, in January.'' Well, when I first :ot herer I tried to put some real smart-on-crime - not just tough-on-crime, but smart-on-crime - legislation through this Body. Couldn't even get them out of committee. Asked some of you for support; couldn 't get it. One, on prostitutlon; arrest the trick, arrest the john. Some of you tough-on-crime people sald to my face, ''Arrest the john; it's 1 unconstitutlonal. Arrest the trick, why you going to do that?'' But you want to lock up the prostitute. That's Wrong. Thatfs not tough on crime. That's selectively being tough on crime. And I believe one reascn that lockinç up the -- the tricks wasn't able to pass is 'cause there's a whole 1ot of men in this Chamber who look like the tricks and they have a problem with arresting themselves. Number two, I had a bill that says take the young people when they first get in trouble at the ages of eight and nine and ten and set up a Scared Straight Program. Now I dld have support on that side of the aisle: as well as support on this side of the aisle, because you're correctl crime is nonpartisan. But yet, that bill failed in committee and it failed in Approprlations. I brought lt up again last year and it continued to fail, because some of you believe you just bulld more jails and tha*'s the solution. But that ls not the solution. Some of our colleagues asked, ''Is there anything in this bill abcut prevention at a1l?'' The answer, ''Nothlng.'' Nothing. Nothing to stop our elght-year-olds and nlne-year-olds and ten-year-olds from ending up in the penltentiary where theysre costing us twenty-two thousand dollars a year. Absolutely nothlng is in thls bill. I tried to :et a program . I trled. I had Republican support, 68  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 because it's a nonpartisan issue; yet, we couldn't even get it out ! : I of conmittee, because people say, ''We1l# you knowy that,s a I liberal idea.'' That's not a liberal idea. It's a ccnservative i 1 idea, because it's conservative When you want to cut cost of E government. If you want to cut the cost of incarceration, stop some of the children from going to jall in the first place. So I'd like to see, those of you Who are honest about thls, that support the Scared Straight initiative when it comes up once againz so that maybe we can stop some of these eleven-year-olds from killing each other and throwing each other out of the Windows and a11 of that kind of thing. My last problem with the bill is - - too many to even talk about. But here I am a victlm of crime. The sponsor of this bill knows I'm a victim of crime, because as a I matter of factz he investlgated a crlme against me. So I know i 2 I Walter knows that I know something about crlme . I live with it I 1 : every day. Three times this year my car was stolen; twice this year my house broken into, and once they shot through my window. I so I understand . So I -- I understand ''tough on crime''. But, I I : Ladies and Gentlemen of thls Bodyr we have to start being ''smart i i on crlme''. There is no intelllgence in this bill. And -- and ! ! being smart on crime, is putting some prevention measures in this - - in this billy and they're not in there. Lastly, you sald that thls bill is only going to cost the people of this State fifteen million dollars. Well kf you believe that, T have the deed eo the Sears Tower right here and you can pick lt up from ne right now for fifty dollars and 1111 sell it to you. This is going to cost a 1ot of money. At least be honest. Tell the taxpayers of this State that theydre looklng at footing a bill of three or four hundred million dollars and then vote for it, because we know it's golng to f1y out of here. But at least tell the people of this State the truth: This is going to cost a lot of money. If they want it, fine, let's pay for it. Other than that, I see no reason 69  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 151st Legislatlve Day Degember 1, 1994 I I to support this billr because it does not have anything to stop the children from going to jail in the first place. 1

PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Senator Raica.

Thank you, Madam President and Ladies and Gentlemen of the Senate. Crime and people getting shot and everybody's supposed to be getting together, hopefully in unity, to attempt to pass a crine package, whether it be the Mayor's package, whether it be the Governor's package, Senator Dudycz's package, or Senator Jones' package. I think everybody's missing the focus on the kids getting killed that are outside this General Assembly, the kids back home in our districts, in a1l of our districts noe just mine ' - Englewood district, Lawndale, Pllsen - people belng thrown out i of housingy publie housing. But yet, we bring up the terms 'jobs'. Well, if -- if thls is -- and someone has problems with jobs. Why don't we just forget somethinî like this? I'd rather build a park or a gymnasium or maybe a YMCA . May that'll be more meanlngful, as far -- as far as putting people to work. Then someone brought up the -- the term ''meanlngful legislations'. I got a phone call yesterday from an emergency room at a hospital. A sixteen-year-old got shot. It Was a trauma bypass to a suburban hospital; ie was from ehe southeast side of Chlcago. The individual was shot in the chest, had difficulty breathing, and as the nurses were cutttng off his pants leg, his pants leg -- the cuff was rolled up. After they cut *he pants leg out, a small gun dropped out of his pants cuff. When they asked him where he got the gun froms he said he just picked it up because someone dropped it. So we 're talking about a sixteen-year-old who plcked up a ueapon, tock time to stop, roll it up in his cuff and continue to run down the street. So I says, 'Q s there something unusual? Do you -- does this individual have any tattoos?'' They says, ''Yes, 70  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 i he does.'' ''And what does he have?'' They saysr ''We11...$' I says, ''Take a look under his eye. Does he have a tattoo?'' They says, ''Yes.'' I says, HIs it a teardrop?'' For those of you Who don't know, there's two different teardrops someone has tattooed cn their eye if there's a gang banger. One is a teardrop that is not colored in. That means that an individual's family member has been killed. Now, indivldual family member could be a gang affiliate or his personal family. They says, ''Well, no, his teardrop is colcred in.'' That means that the individual has retaliated against someone who has violated his family. So now you're looking at a sixteen-year-old who was shot in the chest - oh, incidentally, this is the second time he Was shot; not the first time he went in the emergeney room - who has a gun rolled up in his cuff, who has a colored in teardrop, or means he retaliated against someone already and killed soaeoner and you really think he's going to care lf he kills you? Or a policeman? Or anyone else? If you do, youlre a1l soft. Not saft physically; youdre soft in the headr because he is going to kill you or a police officer, because he has killed a gang member kho he knows - who he knows. And what do you do -- someone mentioned, HWhat do you do about the kid when he gets out of prison and he moves next door to youa'' Ycu know what the real question should be to every Member here: What are you doing back home to make sure the kid never has to get to prison? Not Worried about what he does when he gets out. What are you doing back home to prevent him -- or try to keep hlm from getting in? And I have to bring up that term ''meaningful legislation'' again. You know, this bill deals With enhanced penalties, the minimum and maximum, on attempted murder, aggravated battery and aggravated discharge of a weapon, to a police cfflcer, a paramedic or someoner as a firefighter, who's -- who 's involved in -- in service to the community. Police getting killed. So if you Want to put politics aside, hoW can you go home 71  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leglslative Day December 1, 1994 and say youdre for crime or against crime, When you came down here, you didnlt vote on because it wasn't strong enough? But we're going to pass a bill -- and -- and you all want to do a big gun package for the City of Chicagc to take ueapons off the street; they 're illegal there now. They are illegal there nowz and if you did that, it's not going to stop. Those kids are still going to get shot. Theyfre still going to get shot. Put the strongest gun package together that you wlll. You can't have a gun in the City of Chicago. You cannot legally register one in the City of Chicagor so don't here and talk about a gun package, because they 're outgunned now. We 're losing the fight on gangs and crime and drugs every day - every day. It's time the General Assembly did their jobz today, and passed this package, 'cause I Non't go home today Without voting on this, because, God forbid, a police officer gets shot tomcrrow and I could have prevented it. And I could have put him away for a long time - the individual who shot him . 3ut there's another step. It's not enough that we do our job today; we better pray the judges do their job, because seems like some of them are not. Put politics astde and vote Aye on this b11l, please.

PRESIDING OFPICER: (SENATOR DONAHUE) Further discussion? Senator Petka .

Thank you very much, Madam President and Members of the Senate. It seems like we've literally exhausted ourselves in connection with *he pros and cons of thls bill. For some of us this is actually a very easy vote. We Will be sending a -- implementlng baslcally what most of us in this General Assembly ran on during the last campaign or the last ones We ran in in 1992. But before we pat ourselves on the back, before We tell the people back home that the world is golng to be a little safer tomorrow beeause of what We did, would like to just flash a 72  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 caution sign, because in ny opinion - and I think I do have a little bit of experience in this matter - we dre treatlng: at this I time, symptoms cf the virus. If I may explain: Recently the I State of Wisconsin commissioned a study of those whc are incareerated in the Juvenile Department of Corrections in the ! State of Wisconsin. And what they discovered was the following : I that roughly one-eighth or thirteen percent of the kids Who are there came from the traditional nuclear family - a mom and dad who are narried; forty-five percent of the kids who are there came from a family in which the -- the kid who was incarcerated never I i knew who his father even was; and ancther roughly forty percent came from what we now refer to as broken homes. It seems to me that one of the things that we can do as a government is to encourage policies, literally for our oWn self-preservation, that 1 keep the family unit together: whether that be a tax policyr Whether that be legislation Which encourages and promotes family stabllity. That Would at least be a step. But the battle that we are fighting -- and some have referred to thls as a cultural war, a battle for literally the survival of our civillzationr and I donft mean to be melodramatic about it. When we see eleven-year-olds killing children, thirteen-year-old kids out there having babies: and seventeen-year-old kids in society dying I from sexually transmitted diseases, We have to ask ourselves, ''Why? What is golng on here?'' Idve heard from Members of the other side of the aisle who sayr ''We1l, what we really need to do is have more gavernmenk programs. We need more money in certain selected areas.'' And I do think that there is a humane and reasoned purpose for that. But I think the battle goes actually veryr very much deeper than that, and it may be that it is beyond the capacity of government to win that battle, because what we are talking aboutz my colleagues and Madam President, is a batele for pecple 's hearts and minds, for their very being, for the choice of 73  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1: 1994 free will. Those of you Who nay have had the benefit of an j : edueation in a private school, or a Catholic school, like myself, recognize what maybe I'm talking about. It's deflned very clearly in the Bcok of Genesis - the forces of evil and good. And at the risk of sounding churchy, in my opinion, that ehae is the central ' core of the battle that we are fighting . Government has the -- in 1,virtuous E my opinion, the ability to promote vhat some would eall livingf'. Dr. Bennett has a book on the -- on the book of virtues. But one of the things that government should not do is to continue : to send false slgnals to our population. Let me give you one example: Twenty years ago we - - we embarked on an experiment in ! this State. We chanqed our prisons from the Department of Public Safety to khe Department of Correctlons. Prisons were never l designed to correct anybody's behavlor. They were designed to -- incapacitate pecple, to take away their abllity to inflict serious I harm on other people. And yet, ue continue to labor under the delusion and the false hope that by merely placing people behind barsr that somehow and someway there's golng to be a miraeulous transformation of that person. There are some of us Who believe that if a transfornation comes, it is not gcin: to come because of any correctional officer or any social uorker or any psychologist talking to that person; it ls going to come from a higher source. We refer to that higher source every single day that we assemble here - we start. Our founding fathers knew exactly who it was. It was that invisible hand that should govern in the affairs of man. And sad to say, that simply na longer is the ease. For me to even -- to talk about that in a public forum like that, may very, very readily subject me to ridicule, scorn and eontempt from some our brethren in the medla and in the entertainment world. What We need, as a very basic startr is to take a look and focus on people who, in fact, have made -- made the transitlon. We should try to emulate Amerlcan heroes in our entertainment - 74  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 people who live virtuously. We should not be havin: the entertainment media spilling out violence and pornography and sex that are consumlng the minds of our kids and kllling them and choking them off. And certalnly, last but not leasty I do think that We, as a Body, will be called upon sometime in the future to make some real tough votes, which we'll talk about how we possibly can do things to restore our family as a central -- as the core of American soclety; how we can do things which can root out some of the evils that I've just alluded to. It is my hope and my expectation that we will continue to have further crime packages, and this one is a very tough package. But we have to go beyond slmply talking about attackinq the symptomsy and in my opinion, when we get to that happy dayr we will return to a soctety where people acted with some civility towards one another; where people were kind, courteous and considerate of others; where we had youth who pursued what has been referred to as the upward reach of -- in the heart of man, rather than the most base -- basllar instincts - - and instincts which appeal to the most degenerate of -- that are placed in a man. So without going further and sounding like a Sunday school preachery stand in support of this legislation, but with the caveat that a lot more needs to be done than simply legislating tougher and tougher bills. And with leglslatures not only in thls State, but throughout this natlon' we can truly, truly hope for that day when We can restore the American vision of a good and wholesome society.

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudyczz to close.

Madam President, before close, I would like to request a parliamentary inquiry of the Chair. How many votes would it take at this November date -- December 1st date?

PRESIDING OFFICER: (SENATOR DONAHUE) 75  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leglslatlve Day December 1: 1994 Thirty-slx. l SENATOR DUDYCZ: ' ! Thirty-six. Thank you. I feel compelled to respond to a few comments that were made by my colleagues on the other side of the aisle, especially those by ny good friend, Senator del Valler when he mentioned this was strictly politics. Where Was I on November 8th? You want to talk strictly politics? If we Wanted to be polittcalr Senator, we could have Waited one more month, five or six more weeksy and then come up with a Republiean paekage, sponsored by a Republican in the Senate and the House and slgned by a Republican Governor. We could have been political. We could have been strictly political and waited t11l next year. And there were some that suqgested we should . But we decided, no, it's not - - we shculd not play politics with an issue that is as serious as the death and the injuries of our childrenr our brothersz our sisters, our fathersy and our mothers. Ycu talk about your communlty, and your community, and your eommunlty, and your comnunity, and ''your'' community. You know, I grew up in your communlty. My mcther and father-in-law -- my nother-in-law and father-in-law lived in your community. I have relatives, Senatory that live id your community. Senator Hendon, you know my mother and father are your constituents. I grew up in your community. Your communtty is my community. We are one State. Why do we have to keep bringing politics into this? We could have and waited until January. We said, ''No. We dre not goinî to do that. Welre - - it's *oo important.'' There are people -- l deal with people -- those of you who are in -- in lau enforcement and fire services, and doctors and -- and doctors and nurses. you see these kids getting shot and killed every slngle day. You got to -- you got to -- ycu got to take a stand and put politics aside and do what's right. Senator Jones, I regret that -- that you didn't participate in this process. I have been told that -- that Gideon 76 i  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 Baum , from your staff, was a contributor in this; Senator Dunn, was very, very integral, very important part of this package. The House, both sides Nere, as well as the Mayor's office from the ! City of Chicago, the Governor's office. I mean thls -- if you ever ,I saw a bipartisan package, this was kt. This was not political, ' and I suggest that Ne shouldn't make it political. I -- I Would just hope that we a11 vote for Conference Committee Report No. 1 on 1153, and start the road for -- for good government. Thank you.

PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1153. Those in favor will vote Aye. Opposed, Nay. The voting ls open. Have al1 voted Whc Wish? Have a11 voted who Wlsh? Have a11 voted Who wish? Take the record. On that questlon, there are 52 Ayes, 4 Nays, 2 votlng Present. The Senate does adcpt the Conference Committee Report on Senate Bill 1153, and the bill, having received the requlred three-fifths majority, is declared passed. Senate Bill 1232. Senator Hawkinson. Mr. Secretary.

First Conference Committee Report on Senate Bill 1232. I

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.

Thank you, Madan President. Senate Bill 1232, in the Conference Committee Report, does two thlngs. The first thlng that it does is to reenact, recodify the child shield law. This ls a result of the constitutional amendment sponsored by Senator Shadid and myself in the Senate, and approved by the voters in November. We are reenacting the child shleld 1aw pursuant to that approval of the constitutional referendum. Second thing that it does is to clarify our language regarding boot camps; that Class X 77  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 and other violent offendersr and those Who have previously been convicted of those violent offenses and Class X offenses, aie not ellgible for boot camps. I Would urge the adoption of Conference : Committee Report to Senate Bill 1232, and be happy to try and answer any questions. :

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinson has moved the adoption of *he First ! Conference Committee Report on Senate Bill 1232. Is there discussion? Is there discussion? Senator Shadid .

Yes, Mr. President, thank you. I Would just like to be in support of this, and support what Senator Hawkinson has talked about and ask my colleagues to support this. It's time that we took this kind of action. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Hawkinson, to close? The question isr shall the Senate adopt the Conference Committee Report on Senate Bill 1232 . Those in favor will vcte Aye. ! Opposed, Nay. The voting is open. Have all voted who Wish? Have ! al1 voted who wish? Have a11 voted Who wish? Take the record, ' Mr. Secretary. On that question, there are 58 Ayes' no Nayse no i Members voting Present. The Senate dces adopt the Conference Committee Report on Senate Bill 1232, and the bill is declared passed. Earlier the Body granted leave to Senator Donahue with 7 respect to Senate Bt1l 1147. Okay, on -- on Secretary's Deskr Concurrence, is Senate Bill 1147. Read the bill, Mr. Secretary, please. SECRETARY HARRX: : I nove to concur with the House in the adoption of their Amendments 1, 2, 3, and 23 to Senate Bill 1147. Filed by Senator Donahue.

PRESIDING OFFICER: (SENATOR MAITLAND) 78  STATE OF TLLINOTS 88TH GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1z 1994 Senator Donahue.

Well, thank your Mr. President. Ccnference Committee Report on Senate Bill -- no, it's not a -- it's a concurrence motion on Senate Bill 1147, deals With federal changes in the child support enforcement regulations that are required for a11 fifty states. I We have passed this legislation twlce during the regular Session, and the House actually held it hostage fcr a couple of reasons that were not related to the merlts of the blll. But the tmpact to the State is if we don't pass this legislationr is that it will be a loss of approxlmately forty-five million dollars over a three-year period. I would slmply ask that we concur in House Amendments ly 2 and 3, and Amendment No. 23 eo Senate Bill 1147.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Donahue has moved concurrence with House Amendments 1, 2, 3 and 23 to Senate Bill 1147. Is there discussion? Is there discussion? Senator Smith.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I join in with *he sponsor for Senate Bill 1147. We had it in committee; it has been talked about; it's been voted on pro and con. And so I'm merely saying to my colleagues here on thls side of the alsle that you join me in voting Yes for this piece of leglslation.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Is Ehere further discusslon? Further discussion? Senator Donahue to close.

Ask just for concurrence. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Ladies and Gentlemen, this is final action. The question is, shall the Senate concur in House Amendments 1, 2, 3 79  STATE OF ILLINOIS ; 88TH GENERAL ASSEMBLY I REGULAR SESSION ' SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 and 23 to House <sic> Blll 1147. Those tn favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who Wish? Have a11 voted who wish? Have all voted who wish? Take the record, i Mr. Secretary. On that questlon, there are 57 Ayes, no Nays, l Member votlng Present. The Senate does concur in House Amendments 1r 2, 3 and 23 to House Qsic> Bill 1147, and the bill, having recekved the required three-fifths majorityr is declared passed. Ladles and Gentlemen, on -- again on Secretary 's Desk, Concurrence, is Senate Bill 1297. Senator Syverson. Read the bill, Mr. Secretary. I

I move to concur with the House ln the adoption of thelr i I Amendment No. 10 to Senate Bill 1297. Filed by Senator Syverson. I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Syverson. 1

Mr. Presidentr I'd like to refer this over ko Senator Watson to comment on. i PRESIDING OFFICER: (SENATOR MAITLAND) l ! Senator Watson.

Yes. Thank you, Senator Syverson, and thls, again, is wide-load legislation. We want to make sure that we have a bill on the Governor's desk. This is identical to the bill we passed this morning dealing with the Department of Transportatlon, the State Police, Farm Bureau, Farmers Union and the the Farm Implenent Dealers agreement on what will be the new provisions on traffic safety and bavinq an escort if you have a wide load of over 14 foot 6 inches. The bill flew out this norning, and again, this ls flnal action on this particular piece of legislation. And, thls way we will definitely have a bill on the Governor's desk, and I ( 80  STATE OF ILLINOIS j 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day Decenber 1, 1994 ask your -- fcr your support.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Watson. Is there discussion? Is there discussion? Senator Syverson? Okay. Senator Syverson, you wish to close? A11 right. A11 right. A1l rlght. Ladies and Gentlemen , this is final action. The question is, shall the I senate concur in House Amendments -- House Amendment No . 10 to Senate Bll1 1297. Those in favor will vote Aye. Opposed, Nay. Voting is open. Have all voted who Wish? Have all voted Who .. i wish? Have al1 voted Who wish? Take the record, Mr. Secretary. On that questlon, there are 58 Ayes, no Nays, no Members voting ; Present. The Senate does concur in House Amendments 10 to Senate Bill 1297, and -- and the btll, having recetved the required three-fifths majority, is declared passed. Senator Fitzgerald, for what purpose do you arise, sir? !

Point of personal privileger Mr. Chalrman.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point, sir. SENATOR FITZGERALD: : Ladies and Gentlemen of the Senate, I'm not sure that many of you are aware of this, but for one of our esteemed colleagues who has spent ten years in the Senate, and before Ehat, four years in the Housey this ls going to be her last day - she's now castin: her last few votes in the State Senate - and that's my seatmate, Judy Baar Topinka, who will be sworn in as Treasurer on the 9th of Januaryy and apparently she has to resign her seat in the Senate before we come back. And I just wanted to tell you a llttle story. You know, when I came in here a couple years ago, I was bottom on the seniorlty list. So, I had, I guess, the last pick of seats in the Chamber, and by the time they flnally got the seating chart to me for me to pick my -- my spot, there was -- 81  STATE OF ILLTNOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 there Was only one seat open, and it Was right herer and I 1 . wondered Why thak Was. And I thought: Does nobody like Judy? ! : ! Well I found outr nor everybody likes her, but she smokes a lot. But I -- I got to tell you this: The best thing that ever happened to me was that I got to pick the seat right next to her. Judy, we love you. We're goin: to miss you, and we're happy for you, but the only regret we have ls that we won't have you here anymore. She said she wanted to go out very quietly and she dldn't want me to say anythingz but E said, ''Judy, T can't lmagine ! you going out quietly, 'cause you certainly dldn't come in quietly.'' But, everybody, let's have a standing ovation for ' Judy. PRESIDING OFFICER: (SENATOR MAITLAND) E The Chair recognizes Senator Topinka. SENATOR TOPINKA ; I almost made it out of here quietly until Senator Fltzgerald carried on, and it -- it has been really a wonderful ten years. I have to thank ycu all. You know, sometlmes politicians take a bad rap. Yet when you look at the people in this Chamber, how much time, how much effort, how nuch -- how Ruch real devotion they have to their constituents. And, no, we dcn't always agree, and you 've heard some of the fights here todayr and we've had some even worse. Yetr there 's been a wonderful collegiality and a decency about the group, and I would hope that young people growing up would see that public service is a very noble profession when it's -- when it's handled very correctly. It's been swell, to a1l cf you, to the staff, to Linda and to Jim, Esther ln the phone b00th, both of our staffs - the -- the Republican and the Democratic staffs - super people, to our colleagues both sides of the aisle, to the doormen who have always stood so faithfully with us, to Tracey who keeps the Pages in order and everythlng just works like a top, to Pate and to Emil 82  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSTON SENATE TRANSCRIPT 151st Legislative Day December lr 1994 for their -- their leadership and friendship, to the times we spent together, and you -- you've been there in the good times and bad times, and there have been both. I've been happy here; I've be frustrated here. But, 1'11 tell you, they are probably the best and nost wonderful experience that I uill every have. I Will i miss you all, but I will be back because I'm a consistent and -- and,unfortunately,a meddler. So Twould assume ehat you will J probably see my fingerprints on various things that kind of happen I ; around here. 1911 try to be good. Pate told me I should not introduce too many billse because he wants to go and leave early. So I will do that out of the Treasurer's Office. Thank you very much for a wonderful ten years. I i

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Topinka. i ; : (Applause by the Illinois Senate) PRESIDING OFFICER ! : (SENATOR MAITLAND) ! ! Indeed,Senatorrwewishyouwell. SenatorJones. j 1 I END OF TAPE TAPE 3

Yeah. Thank youg Mr. President. 1, tooy like to Wish Senator ! l 1 Topinka well in her new duties. I fm going to miss her -- I ,m going to miss her really terribly, you know, because -- because she tried to keep me with her habit. And, Senator Fitzgerald, she 83  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 offered me that seat next to you many times. But the prlce I had to pay would have been too nuch. But -- but, Judy, T Wish you well. I'm qutte certain a1l Members on this side Wish you Well. I -- you -- you know we lre good friends. We lve traveled together. I know your son, your family . And we wish you well. Just make sure that our checks are on time. And don't -- and p don't punish us if we vote against your bills. But -- bue again, I Judy, it's been wonderful working with you in thls Chamber, and I'm quite certain you will do quite well as Treasurer of khe State ! of Illinois. And again, with your leaving, perhaps I can quit smoking. i I i

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you very much, Senator Jones. Senator Ralca. ! SENATOR RAICA: ! ! Just a point of personal privilege. I've been informed there's going to be a Local Government hearing immediately upon : I adjournment in Room 212.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Raica . Senator Watson. i

I don't belteve, Mr. Presldent, we will be adjourning. I j : think we will be recessing, and during that period of time, We will also have an Education Committee hearing in 212. So, I believe it will be a quick hearing, and we will be back to the Floor to do our final business.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Watson. Senator Philip .

Thank you, Mr. President, Ladles and Gentlemen of the Senate. Just to bring you up to date Where I think we -- we are. As you know, welre going to have the two committee hearings - Local Government, Education. Hopefully they'll be done shortly. We'1l 84  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 be back here at 3:15. Wedll have one or tWo bills to vote onr and hopefully we'll be gone and welll be back here on January 10th, at noonr in case anything has fallen thrcugh the crack.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. Thank you very much, Senator Philip. Senator Demuzio .

Senator Phllip, the schedule that you passed out indicated we were cominq back on the 11th. Are you noW saying ke're coming back on the 10th7

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip .

Yeah. We -- wedre -- We're coming back in the o1d General Assembly on the 10th. We get sworn in on the 11th. The 11th ls the new General Assembly. That tentative schedule We passed out is for the new General Assembly, starting on the 11th.

PRESIDING OFFICER: (SENATOR MAITLAND) A1l right. Thank you. Any further discussion? Senator Hendon.

Thank you, Mr. President I just kant to Wish everybody a Merry Chrlstmas.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you very much, Senator Hendon, but don't go away; We're not adjourning yet. Any further discussion? Purther dlscusslon? The Senate will stand in recess to call of the Chair. (SENATE STANDS IN RECESS) (SENATE RECONVENES) 85  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Leglslative Day Deeember 1994

PRESIDING OFFICER: (SENATOR MAITLAND) Senate will come to order. Committee Reports.

Senator Watson, Chair of the Committee on Educatlonr reports Senate Bill 881, First Conference Committee Report, Be Approved for Consideration.

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

Message from the House by Mr. Rossiy Clerk. Mr. President - I am directed to lnform the Senate that that the House of Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of the followlng title, to wlt: House Bill 1124, with Senate Amendment No. 1. Non-concurred in by the House, December 1st, 1994. Message from the House by Mr. Rossi, Clerk. Mr. President 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 tikle, to Senate Bill 1233, with House Amendments 27 and 28. Passed the House, as amendedr December 1st, 1994, by a three-fifths vote. We have a like Message on Senate Bill 1279, with House Amendment No. 57 and Senate Bill 1261, wlth House Amendment

PRESIDING OFFICER: (SENATOR MAITLAND) Message from the Houser Mr. Secretary.

Message from the House by Mr. Rossi, Clerk. Mr. Presldent am directed to inform the Senate that the House of Representatives has adopted the fcllowing joint resolution, in the adoption of which I am instructed to ask the 86  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994 concurrence of the Senate, to wit: House Joint Resolukion 181. (Secretary reads HJR No. 181) Adopted by the House, December 1st, 1994.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Donahue, for what purpose do you arise?

Well, thank you, Mr. President. I Would move to suspend the appropriate rules for the immediate consideration of House Joint Resolution 181.

PRESIDING OFPICER: (SENATOR MAITLAND) Senator Donahue has moved to suspend the rules for the purpose of the immediate consideration and adoption of House Joint 1 l Resolutton 181. Those in favor Will say Aye. Opposed, Nay. The ' Ayes have ity and the rules are suspended. Senator Donahue has moved for the adoption of House Jcint Resolution 181. Those ln favor will say Aye. Opposed, Nay. The Ayes have itr and the resolution is adopted. Al1 right. Ladies and Gentlemen, on your i desk is Supplemental Calendar No . 2. Conference Committee Reports. Senate Bill 881. Read the bill, Mr. Secretary .

First Conference Committee Report on Senate Bill 881. PRESIDING OFFICER: (SENATOR MAITLAND) ! Senator Watson. I -- I beg your pardon. Senator O fMalley.

Thank you, Mr. Presldent. Thank you, Mr. Chairman. I move that We adopt Conference Committee Report No. l to Senate Bill 881.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley has noved the adoption of Conference Committee No. 2 <sie> (l) to Senate Bill 881. Is there any discussion? Any discussion? Senator Berman. 87  STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY 1 : REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994

Thank you. I -- I thought he went into too much detail. I wanted to clarify that. Thls bill succlnctly addresses four very important items for Chicago school reform. It addresses a number of items for downstate schools that affect a number of our colleagues. Does not cost any State money. It's a bill that everyone could agree upon. The only problems Were more of what wasn't included rather than what is included, and along those I lines I will defer to my colleague, Senator de1 Valle. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. The first draft of this Conference Committee Report included a provision regarding early childhood bilingual teacher certification; it was the content of Senate Bill 7. Senator O 'Malley and Senator Watsony in conversations regardlng my desire to leave that provision in the Conference Conmittee Report, indicated that they could not support the Conference Committee Report wlth that language included, but did conmit to supporting a new bill that will be filed in the next Session, to do what we've been trylng to do now for a couple of years and that -- and to do what has been supported by this Body on more than one occaston. And so I just want to, for the record, indicate that a commitment has been made and that I think their Word is good. And We also have a commitment on the House side from Representative Cowlishaw that that support Will be there. So I did want to mention that and thank Senator O'Malley and Senator Watson for agreeing to thisy because I did not want this bill held up because there are a 1ot of lmportant provisions in it that are important to several school districts. And I do want to point out one in particular - or I should say two - and that is that this 88  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 151st Legislative Day December 1, 1994 bill will help a couple of school districts raise their debt ceiling in order to be able to construct a couple of schools. Just a few weeks ago we held a -- an informal hearlng in the City of Chicago with local school councils that are concerned about severe overcrowding in their schools, and there are over schools in the City of Chicago Ehat are severely overcrowded and numerous schools that have problems with lead paint and have cther kinds of problems that need to be addressed; facilities need to be rehabilitated. Sor I want to 1et the Members knok that I have no problem supporting the construction of schools in school districts throughout the State, but that next year, as we deal with the problems of the Chicago public schools, that We not forget that there is a serious problem with overcrowding and that we do need to construct facillties and that we do need to rehabilitate buildings that are in dire need of renovatlon. There are life and safety issues involved here, and we will certainly be addressing those. So for the record again, I want to thank Senator O 'Malley and Senator Watson for their commitment for next year and also hope that they will also support our efforts to deal with the facility needs of the City of Chicago. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Senator O'Malley, to close.

Tn -- in the spirie of trying to be brief, I really only have one commente and -- and that is this, and in response to Senator del Valle: I appreciate your expression of -- of appreclation to Senators Watson and O 'Malley, and I hope that we also have your expression of supporE - and -- and I'm not trying to put words in your mouth, but I know you 're going to be this klnd of person in the coming year in that we will a1l work in a very bipartisan manner for the kids of Illinols and public education. With that, I'd request a an affirmative roll call. 89  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 151st Legislative Day December 1, 1994

PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley has moved the adoptlon of Conference Committee Report to Senate Bill 881. The question is, shall the Senate adopt the Conference Committee Report on Senate Bill 881. Those in favor will vote Aye. Opposed, Nay. The voting open. Have a11 voted who wish? Have all voted who Wish? Have al1 voted who wish? Take the record, Mr. Secretary. 0n that question, there are 58 Ayesr no Nays, no Merbers voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 881, and the bill, having received the required three-fifths majorlty, is declared passed. Committee Reports.

Senator Ralcar Chair of the Committee on Local Government and Electlons, reports Senate Bill 1366, the First Conference Commlttee Reportr Be Apprcved for Consideratton.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip, for what purpcse do you arise, sir?

Thank you, Mr. President, Ladles and Gentlemen of the Senate. I just wanted to wish everybody a Merry Christmas and a happy, sober NeW Year's.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you. Thank you, President Philip . Any further business to come before the Senate? If not, the Senate stands adjourned until January 10th, at the hour of noon. Have a happy holiday season, everybody. 90 REPORT: TIFLDAY STATE OF ILLINOIS 95/01/03 PAGE: 001 88TH GENERZL ASSEHBLY 09:23:16 SENATE DAILY TRANSCRIPTION OF DEBZTE INDEX DECEHBER 01, 199R HB-0061 REFUSE T0 RECEDE H8-0282 CONFERENCE HB-0R57 RECALLED HB-0R57 THIRD REàDING H8-1594 CONFERENCE HB-159R CONFERENCE HB-1594 0UT OF RECORD 58-0251 SECOND READING 58-0881 CONFEREMCE SB-11k7 CONCURRENCE 58-1153 CONFERENCE SB-1211 CONCURRENCE 58-1232 CONFERENCE SB-1297 CQNCURRENCE 53-172% CONFERENCE 8R-1896 ADOPTED sR-1926 ADOPTED 5:-1987 RESOLUTION OFFERED 5R-1988 RESOLETION OFFERED 5R-1989 RESOLUTION OFFERED SR-1990 RESOLUTION OFFERED SR-1991 RESOLUTION CFFERED 5:-1992 RESOLUTION OFFERED 5R-1993 RESOLUTION OFFERED SR-1994 RESOLUTION OFFERED HJR-0181 ADOPTED HJR-0181 RESOLUTION OFFZRED SUBJECT MATTER SENZTE TO ORDER-PRESIDENT PHILIP PZGE PRAYER-THE REVEREND JEFF CHITVOOD PAGE JOURNALS-POSTPOKED PZGE COHHITTEE BEPORTS PAG: AT EZSE PAGE SENATE RECONVENES PAGE COMHITTEE REPORTS PAGE RECESS PZGE SENATE RECQNVENES PAGE COMHITTEE REPORTS PAGE HESSAGE FROM THE HOUSE PZGE RESOLUTIONS CONSENT CALENDAR-ADOPTED PAGE RECESS PZGE SENATE RECQNVENES PAGE COMHITTEE REPORTS PZGE MESSAGES FROH THE HOUSE PAGE COHMITTEE REPORT PAGE ADJOURNMENT PAGE