Illinois Senate Floor Debate — January 10, 1995

(Prayer by Pastor Jamle Allen)

Reading of the Journal. Senator Butler.

Senate Journals of Tuesday, November 29th; Wednesday, November 30th7 and Thursday, December lst, 1994, Mr. President.

Senator Butler.

Mr. President, I move that the Journals just read by the Secretary be approvedr unless some Senator has additions or corrections to offer.

Senator Butler moves to approve the Journals just read. There being no objections, so ordered. Messages from the House.

Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred wiEh the Senate in the passage of a bill of the following title, to wit: Senate Bill 1457, with House Amendments 1, 2 and 15. Passed the Housey as amendedy December 1st, 1994. We have a like Message on Senate Bill 1751, with House Amendments 3 and 4.

I l  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10 , 1995 .. . have your attention for a minute . The Chicago Tribune , Phll Green and the Sun-Tlmes have requested permission to photograph the Session. Is leave granted? Leave is granted. Also the -- the Illinols Information System has asked permission to fi1m thls afternoon. Is leave çranted? Leave is granted . NoW it gives me great pleasure to introduce Senator Karpiel, for the purpose of an introduction.

Thank you , Mr . President . Senator Woodyard , do you want to come up here with me? Because this has a Watseka connection also , I guess . It is my honor and my pleasure to introduce to you Mrs . Illinols, Carolyn Morris , and her husband , Bil1z Who reside in my district, in Bloomingdale, Illinois, and she Would like to say a few words to you . But I would like for you to welcome Carolyn Morris and her husband. Mrs. Illinois of 1994.

(Remarks by Carolyn Morris, Mrs. Illinois)

You are probably wondering why I 'm involved in a presentation of Mrs . Illinois When I have a district in east central Illinais and she is from Bloomingdale. Well, she happened to have been at a campaign activity of Governor Edgar at a high school in Watsekaz Illinois , which is from my district. And the amazing thlng and I know after seeing her you can 't imagine that thls Would happen , but as she walked in that roomr in that gymnaslum, with the Governor, she got a much greater ovation than the Governor did# and I think you can probably see why . But anyway : I certainly welcome you to the Illinois Senate , Carolyn, and -- and wish you the very best of luck in you tenure as Mrs. Illinois. Thank you for comlng to the Senate today .

Messages . 2  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 152nd Legislative Day January 10 r 1995 SECRETARY HARRY: I Message from Senator Lapaille addressed to Senatcr Jones y Minority Leader. Dear Senator Jones, I hereby resign my position as State Senator from the 11th Legislative District -- effective January 2nd, 1995. This will allow for a s11100th transition from ny office to Senator-elect Louis Viverito, and Wl11 afford Senator-elect Viverito service in the current General Assembly . It has truly been an honor serving the constituents of the 11th Legislative District and working with you as Senate Denocratic Leader. Best wishes , Gary J . Lapaille . A Message from the Secretary of State. Dear Mr. Secretary - This office is forwarding herewith a copy of the certificate of appolntment and oath of office for Louis S . Viverito , who was appointed to fi1l the vacancy created by the resignation of Gary J . Lapaille in the office of State Senator , 88th General Assembly , 11th Leglslative Dlstrlct . Dated January 9th , 1995 , and signed by George H . Ryan , Secretary of State .

Senator Jones, for what purpose do you rkse?

Yeah. Thank you, Mr. President. I'd jtlst like for us to welcome the newly -- newly appointed Senator from the 11th Dëstrict who is here to cast his vote for the people of Illinois , and that is Senator Lou Viverito. He's right here.

Well , thank you , Senator Jones . And 1et me add my two cents : Congratulations . Very nice to have you here , and I know that you'11 do extremely wellr and we couldndt be any more happier. Good luck. Messages.

3  STATE OF ILLINOIS 88TH REGE UN LE KRAL SEA SSS IE OM NBLY 1 ' SENATE TRANSCRIPT 152nd Legislative Day January 10z 1995 ' A Message from Senator Topinka addressed to the President of the Senate. Dear Mr. President - It has been Wonderful serving with you and other Members of the Illinois Senate. I found your leadership to be exceptionally pleasing and I regret to some extent that I cannot stay so as to help you in fomenting State policy. However, and as you knou, I was lucky enough to Win the State Treasurer's Office on November 8th and noW must go about my other duties, leaving the Senate in your trustworthy hands. To that end I herewith submit my resignation and wish you and my cclleagues well as you go about your pursuits. Very truly yours, Senator Judy Baar Toplnka . A Message from the Secretary of State. Dear Mr. Secretary - This office is forwarding herewith a copy of the Certificate of Appointment and Oath for Thonas J. Walsh, who was appointed to fill the vacancy created by the ' resignation of Judy Baar Topinka in the office of State Senator, 88th General Assembly, 22nd Legislative District. I Filed January 9th, 1995, by George H. Ryan, Secretary of State.

Senator Demuzio, for what purpose do you rise? i

Well, thank you, Mr. Preskdent. I just wanted the record to ! ! reflect thak a number cf our Members from Chicago were scheduled to f1y down this morninge and obviously they are fogged ins and many of them now have sought other neans of transpor*ation, I I basically, I understand it, by -- by car. And so Senators Cullerton, Carroll, Berman, Shaw and Garcla, that I know of, wlll be here momentarily, and that is the reason Why they aren't here I at the moment.

The record will so indicate. Also, Senator Hawkinson is not 4  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995 here today, because the President cf ehe United States is in h1s district. And I've been left to believe that he is entertaining the President. So will the record so indicate? Senator Demuzio.

Well, in that case, I'm sure he lll -- hepll be excused. A lot - - 1ot of folks over here would be delighted to have somebody from the Senate representing.

Now, Senator Walsh: congratulations. Nice to have you here. Senator Walsh and I go back a longr long tlne. served With h1s father in the Illinois House for eight yearsr and hls uncle. So - - as you knovw he's been in the House for a couple of years and has done extremely well. We couldn't be anymore happier, Tomr to have you here. Congratulations.

PRESIDING OFFICER: (SENATOR DeANGELIS) For what purpose does Senator Demuzio seek recognltion?

Thank you, Mr. President. Alsoz for the record, Senator Jacobsy am told, is also back in his district because the President of the United States is in hls district, so he's not here today, along with Senator Hawkinson.

PRESIDTNG OFFICER: (SENATOR DeANGELIS) Let the record please note that. Committee Reportsy Mr. Secretary.

Senator Weaver, Chair of the Conmittee on Rules, reports that the following Legislative Measures have been considered by the Committee: Be Approved for Consideratlon - Conference Committee Report No. 1 to Senate Bill Conference Committee Report No. l to House Bill 6l, Conference Committee Report 1 to House Bill 3975, and the motlon ko concur with House Amendment 5 to Senate Bill 1279. 5  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION j ' SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995

PRESIDING OFFICER: (SENATOR DeANGELIS) Channel 3-WCEA requests permission to videoeape. Ts leave granted? Leave is granted. Resolutions, Mr. Secretary.

Senate Resolution 1995 and Senate Resolution 1996, b0th offered by Senator Woodyard. Senate Resolution 1997: by Senator Syverson and al1 Members. Senate Resolution 1998, by Senator Syverson. q k Senate Resolution 1999, by Senator Colllns and al1 Members. f Senate Resolution 2000, by Senator Cullerton and a11 Members. i 1 Senate Resolution 2001, offered by Senator Lauzen. Senate Resolution 2002, by Senator Tom Dunn. Senate Resoluticn 2003, by Senators Jones: Smith and others. i i Senate Resolutlon 2004, as uell as Senate Resolution 2005, by Senator O 'Daniel. Senator Sieben offers Senate Resolution 2006. Senate Resolutlon 2007, by Senator Jones and a11 Members. Senate Resolution 2008, by Senator Woodyard. I 1 Senate Resolutlon 2009: by Senator Tom Dunn. Senate Resolution 2010, by Senator Dudycz. Senate Resolution 2011, by Senator Hall and all Members, as is I Senate Resolutlon 2012. Senator Trotter offers Senate Resolution 2013. Senate Resolution 2014, by Senator Jones and a11 Members . And Senate Resolution 2015, by Senators Donahue, Hasara and others . They're a11 congratulatory and death resolutlons, Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) Consent Calendar . Resolutions .

Senate Resolution 2016, offered by Senator Dudycz . (Secretary reads SR No. 2016) 6  ( STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995

PRESIDING OFFICER: (SENATOR DeANGELIS) i Senator Dudycz moves to suspend the rules for the purpose of the imnediate consideration and adoption of Senate Resolution 2016. Those in favor will say Aye. Opposed, say No. The Ayes have it. The rules are suspended. Senator Dudycz, to explain the resolution.

Thank you, Mr. -- thank you, Mr. President. Senate Resolution 2016 does exactly what the Secretary read. It -- I -- I move to suspend the rules for the immediate conslderation of 2016. It appoints a committee of three to approve the final Journal.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dudycz has moved for the adoption of Senate Resolution 2016. Those in favor, say Aye. Opposed/ say Nay. The Ayes have it and the resolution is adopted. Resolutions.

Senate Joint Resolution 204, offered by Senator Dudycz. (Secretary reads SJR No. 204)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dudycz moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 204. Those in favor will say Aye. Opposed, say No. The Ayes have it. Senator Dudycz, to explain the resolution.

Thank you, Mr. President. Senate Joint Resolution 204 does exactly what the Secretary read. It is the adjournnent resolution. It states that, When We adjourn today, We will effectively concluded the business of the current 88th General Assenbly and we will be adjourning sine die.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dudycz has moved for the adoption of Senate Joint Resolutlon 204. Those in favor, say Aye. Opposed, say No. The 7  STATE OF ILLINOIS 88TH GENERAL ASSEMBLX 1 REGULAR SESSION SENATE TRAHSCRIPT I 152nd Legislative Day January l0, 1995 Ayes have it and the resolution is adopted. The Supplemental Calendar has been distributed. And the intent of the Chair is to proceed to those ltems on that Calendar. This is flnal action, folks: so lek's have a llttle order. On the Order of Secretary 's Desk is the concurrence motion on Senate Bill 1279. Madam Secretary, please read the bill. i

! I move to concur with House Amendment No. 5 to Senate Bill 1279. ! Filed by Senator Farley. PRESIDING OFPICER: (SENATOR DeANGELIS) E : Senator Farley.

i Thank you z Mr. President, Ladies and Gentlemen of the Senate . I would move to concur with Conference Conmlittee Report No. 1 Ksic> to Senate Bill 1279. What House M endment No. 5 does is becomes the bill and it contains the provisions of Senate Bill 357, that Was Senator Dudycz's bill that %le passed tn November, 57 to nothing. What this does is lt briefly states that the bl1l as amended by khe House clarifies that several provisions of Public Act 88-537 be tlghtened; that the TIF' Act Were effective prospectively and not retroactively. The Governor's recommended -- recommendations are reflected in this amendment. Brkefly, What -- what happened was a bill was passed , Senate Bill -- Senate B111 357, and the effective date Was 1/1/94; however, the Governor d1d not sign it until 3/1/94, which made a discrepancy in Ehe tlning, and thls would correct that -- that error. So I would move, Mr. President and Ladies and Gentlemen, that we do concur in Senate Conference -- or, Conference Com ittee No . 1 Ksicl .

PRESIDING OFPICER: (SENATOR DeANGELIS) Senator O 'Malley .

8  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0, 1995 Thank you, Mr. President. I rise to clarify for the record. I know it looks up there on our -- our total that I am a sponsor of this legislation. And while it was true in its origlnal forn that I was, I am no longer a member of this, and I have processed the paperwork earlier today. I Would urge people to vote against this. I think this is not the -- the type of legislation at this point in time that we should be dealing With. I think we have an opportunity with the efforts underway to take a hard look at TIFs, to deal with this issue and other issues in the next few months and come out with something that's nore comprehensive. In any event, I appreciate your indulgence.

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

Well, I would just reiterate, Mr. President, Ladles and Gentlemen, that this is the same as Senate Bil1 357, Senator Dudycz's bill, that passed 57 to 0. So with that I would move for a favorable roll call.

PRESIDING OFFICER: (SENATOR DeANGELIS) The question 1s, shall the Senate concur in House Amendment No. 5 to Senate Bill 1279. Those in favor: vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who wlsh? Have al1 voted who wish? Have al1 voted Who Wish? Have a11 voted who wish? Take the record. On that question, there are 43 Ayes, 9 voting Nay, none voEing Present. And the Senate does concur in House Amendment No. 5 to Senate Bill 1279, and the bill, having received the required constitutional majority, is declared passed. ! The next order of business is Conference Committee Reports on the Supplemental Calendar on page -- on the Supplemental Calendar . Madam Secretary , do you have on fi1e a ccnference committee report on House Bi11 61? 9  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislatlve Day January 10, 1995

Yes. First Conference Committee Report on House Bill 6l.

PRESIDING OFFICER: (SENATOR DeANGELIS) The Chair recognizes Senator Madigan.

Thank you, Mr. President. Conference Comnittee Report No. to House Bill 61 contains two provisions. It first of a1l guts the original bill and replaces that with two items. First item anends the State -- Finance Act and several licensing regulating Acts to create the General Professions Dedicated Fund, which is similar to a bill that We passed, House Bill 3625. And secondlyr it adds language to establish the limited liability companies for Realtors. That language was contained in House Bill 3685, Which passed this Chamber by a 59 to nothing roll call. Be glad to answer any questions to it. There is no known opposition to either one of these provisions. And absent any questions, I Would ask for the adoption of Conference Committee Report No. l to House Bill 6l.

PRESIDING OFFICER: (SENATOR DeANGELIS) The Senate the question is, shall the Senate adopt the oonference Commlttee Report on House Bill 61. Those in favor, vote Aye. Those opposed, vote Nay. The voting ls open. Have a1l voted who wish? Have a1l voted who wish? Have a11 voted Who wish? Take the record . On that questlon, there are 53 Ayes, none voting Nay. The Senate does adopt the Conference Committee Report on House 3ill 61, and the bill, having received the required constiEutlonal majority, ls declared passed. Madam SecreEary, do you have on file a conference committee report on House Bill 3975?

Yes. First Conference Commlttee Report on House Bill 3975.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Weaver. Senator Weavere on House Bill 3975, the First 10  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995 Conference Conmittee Report. Senator Weaver. Senator Weaver.

Thank you, Mr. President. The Conference Committee Report on 3975 has four items on it. All of them have been through this Chamber before in both Houses. It Would change the Auditor ! General's -- it's based on the recommendations of the Auditor General on housing policy and standards, enployee eligibility, et g cetera. Allows the Department of Publlc Hea1th to conduct a study i from existing resources as to t*e social and economic l effectlveness of the freestanding hospice residences in Illinois. ' It amends the State Police Act to requlre that officers found not : 1 guilty in a suspension hearing be awarded back pay for a period of suspenslon plus seven percent interest. Amends the Health Faciltties Plannkng Act to make technical clean-up changes. And I that's what it does, if anyone has any questions. PRESIDING OFFICER: (SENATOR WATSON) ! Is there any discussion? Is there any further discussion? Senator 5m1th.

Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. I might add that our now current Treasurer, and 1, Was a sponsor of this bill. And I simply want to say that this was agreed in the conference report. And I sincerely hope that a1l of our colleagues here in the Senate will find thls favorable and vote for its passage. Thank you. I

PRESIDING OFFICER: (SENATOR WATSON) Is there any further dfscusston? Any further discusston? Senator Weaver, would you like to close?

. .. favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall the Senate adopt tbe Conference 11  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995 I Commlttee Report on Senate Bill -- pardon mer House Bill 3975. , A11 those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have a1l voted kho wish? Have all voted Who wish? Have a11 voted who Wish? Take the record. On that question, there are 52 voting Yes, no voting No# no voting Present. The Senate does adopt the Conference Committee Report on House Bl11 3975, and the bill, having received the required constitutional majority, is declared passed. We are remaining on Supplemental Calendar. Senator Geo-Maris, for What purpose do you rise? SENATOR GEO-KARIS: Mr. President, on a point of personal privllege. PRESIDING OFFICER: (SENATOR WATSON) Please state your point, Senator. SENATOR GEO-KARIS: Mr. President and Members of the Senate, I have the pleasure of introducing to you a nember of our County Board of Lake County, in fact, from my district, Robert Neal, known as Bobby Neal, from Wadsworth, Illinois. PRESIDING OFFICER: (SENATOR WATSON) Very good, Bob... SENATOR GEO-EARIS: Let's kelcome him. PRESIDING OFFICER: (SENATOR WATSON) Welcome to the Senate, Bob. Thank you. Senator Peterson: for whab -- What purpose do you rise? SENATOR PETERSON: Thank youz Mr. President. Point of personal privilege. PRESIDING OFFICER: (SENATOR WATSON) Please state your -- your point, Senator. SENATOR PETERSON: Ltke to introduce a constituent of mkne: Ken Cabay, from Deer 12 i  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995 Park.

PRESIDING OFFICER: (SENATOR WATSON) Ken, welcome to the Senate. Pleasure to have ycu here. Senator Klemm, for what purpose do you rise?

Well, thank you, Mr. President. I Wanted to introduce to the Chamber our Barrington Township Committeeman and Trustee of Barrington Township, Dave Schmldt, who's joined with us today. David .

PRESIDING OFFICER: (SENATOR WATSON) Very good . Welcome to the Senate. Back on Supplemental Calendar, Senate Bill 33. Madam Secretary, do you have on file a conferenee committee report on Senate Bill 33?

Yes. First Conference Committee Report on Senate Bill 33.

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Last year We passed a bill which was a freeze on senior citizens' assessed valuations contingent on certain conditions. The Governor vetoed it. It had a deadline for filing of December 1st. We overrode the veto the day before. And what this simply does, it extends the deadline for that for Cook County till March lst and downstate till February 15th ko apply fcr that exemption.

PRESIDING OFPICER: (SENATOR WATSON) Is there any discussion? Senator Tom Dunn.

Thank youz Mr. Presldent. I want to join with Senator DeAngelis in this bill. This is a very important bill to the seniors, who, literallyy only had two days notice to apply for their exemption, and this will create a -- a much larqer window, 13  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10p 1995 giving them, in fact, almost five weeks in addition. Most of then are aware of it now, but this will gtve them a greater opportunity to make application for this, which they should have been given the time, but there was nothing we could do at that time, and this corrects that. So I urge an Aye vote.

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

Thank you, Mr. President. I compliment the sponsor for initiating this ehange. As Senator Dunn has said, what We wanted to try to do we were prevented to -- from -- perhaps prevented from doing because of the of the clock running With the override Session. However, do have a question, Senator DeAngelis. Calling your attention to page 2. lines l through I am advised that at least in Cook County, and belkeve in other counties when a person comes in and applies for a an exemption or a freeze and their status is such that they could have applled for this exemptlon or freeze in previous years, the assessor has the discretion to issue certificates of error for the years prior to the application. Now, as I read this language, and asking for a clarification, specifically on line 2, it says that the base year means the taxable year prior to the taxable year for which the applicant first qualtfies and applies. That -- that word ''and applies'' is is sort of a new trigger. our legislative intent to prevent Ehe assessor from issuing certificates of error to seniors who would have -- who would have qualified previously but just did not apply? Could you answer that for the record?

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Yes. This is supply-side tax relief. you have to really 14  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995 apply for it yourself. We -- we do not make exceptlons for people who may have failed to do so and go back and pick it up . And by the way, While we're talking about that, 1et me stand corrected on i l a comment I made. In Cook County, the assessor will set the deadline for the applications, but he will also notlfy the ! taxpayers of that date.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman. i

Are you able to indicate - again because this is a departure i from our existlng practice where we allow really the discretion in I the assessor for issulng certificates of error for prior years - Where that applicant would have qualified, Why are We changing it now as it affects seniors? :

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Well, we're not picking on the seniors per se. This bill puts a significant burden on a lot of these taxing bodies and the people that have to send out the notices. I think it would be very unfatr for them to have to go back three yearsr find out lf the person really lived therey verify their income at khat time and find out whether the age Was correct. That's just too cumbersome.

PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.

All right. To the bill: It's -- I mi:ht take issue with this inasmuch as we're changing a practice that apparently a1l of the taxing bodies and the assessors have been able to live with, but I'm not going to make an issue out of thls at this time. It's too inportant for us to move forward, but 1'11 soliclt Senator DeAngells' attention later in the Session and we'll talk about 15  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10 , l995 perhaps changing it. But 1et me just add one comment to the addendum that the sponsor made regarding the assessor ln Cook ! ; County . The assessor Will in Cook County -- we 've set a date for a11 the other counties : February 15th, 1995. The Assessor in Cook County will have the discretion to set the date as he sees fit, but must glve notice to the taxpayers by mall or by publicatlon. I compliment, again, the sponsor for maklng these changes so that we can fu1fi1l the expectations of our seniors who were looking for this kind of relief for fiscal -- for tax year 1994. I solicit everyone 's support.

PRESIDING OFFICER: (SENATOR WATSON) F'urther discussion? Senator Sleben .

Thank you, Mr. Presldent and Ladies and Gentlemen of the Senate . As one of the Members who voted in favor of givlng seniors this assessment freeze, I must speak just briefly on behalf of the assessors in some of our rural downstate counties. They're having tremendous difficulties in implementing this -- this legislation, and certainly extending the deadline to February ' 15th will allow sone additional senlors to get the paperwork done and qualify for the assessment freeze, but it won't solve some of the problems that the assessors have been faced with Ln trying to I implement this legislation; namely; first of all, that the forms I that they were supplied by the Department of Revenue had considerable technical flaws in them and misnomers ln those -- in that paperwork, which has served to create confusion among the assessors, confuslon among senior citizens, and I think ralsed some false hopes and false expectations in terms of what is I actually happening with this legislation. And I think What we're I seeing here today ls probably just the first of probably several things that Will be done over the next few years to change or modify or clean up this assessment freeze legislation for senior i ! 16  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0# 1995 citizens. And one area I think that is going to need some additlonal attention ls the validation of income; that the assessors are indicating to me that they have considerable doubts about the accuracy and the honesty and the validity of the afffdavlts ehae's being used to substantiate the / thirty-five-thousand-dollar threshold for income. So I would suggest to the Body that although we kill probably contlnue to support this legislation, there are going to be difficulties and problemsr and there's going to be a need for additional clean-up legislation. So I think wedll -- wepll do this today, but I don't thlnk it's the end of our problems with this legislation. PRESTDING OFFICERJ (SENATOR WATSON) Further discussion? Further discussion? Senator DeAngelis, to close. SENATOR DeANGELIS: I just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR WATSON) The question is, shall the Senate adopt the Conference Comnittee Report on Senate Bill 33. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted whc wish? Have a11 voted who wish? Have a1l voted Who wish? Take the reccrd. On that question, there are 50 voting Yes, no voting No, no voting Present. Senate B111 33, having received the -- Conference -- I1m sorry. The Senate does adopt the Conference Committee Report on Senate Bill 33, and the bill, havlng received the required constitutional majority, is declared passed. Senator Geo-Karis, for what purpose do you rise?

Mr. President and Ladies and Gentlemen of the Senate, many of my constituents are here this weekend -- this weekr rather, and one of them is here, too. 0ne of our good friendsz Charles Willms - W-I-L-L-M-S - from Waukegan, Illincis. And I'd like you to 17  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0w 1995 welcome him .

PRESIDING OFFICER: (SENATOR WATSON) Very good. Welcome to the Senate. We will now proceed to the order of Resolutions Consent Calendar. With leave of the Body, a11 thcse read in today will be adopted -- will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any resolution on the Consent Calendar?

No -- no objections have been filed, Mr. President.

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, the questlon is, shall the resolutions on the Consent Calendar be adopted. A11 those in favor, say Aye. Opposed, Nay . And the motion carriesy and the resolutions are adopted. Senator Donahue, for what purpose do you rise?

Thank you, Mr. President. Would like to announce a Republican Caucus immediately. Originally We 'd called for lt for 2:30, but we are saying immediately in Pate Philip's office, and it will last an hour.

PRESIDING OFFICER: (SENATOR WATSON) Senator Hall, for what purpose do you rise?

Thank you, Mr. Chairman -- I mean, Mr. President. I Want to make announcement that we'd like to have a Denocrat Caueus in the our Leader's office, righE afker adjournment. Okay. Senator Jones' office.

PRESIDING OFFICER: (SENATOR WATSON) After adjournment? 0r... Senator Demuzior for What purpcse do you rise?

I want to ask a question. Is it -- is it Senator Donahue's 18 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0, 1995 request to have a -- a caucus immediately, before we adjourned? ' Or are we adjourning and then caucusing? What's... I PRESIDING OFFICER: (SENATOR WATSON) It would be before we adjourn: Senator. SENATOR DEMUZIO : Thank you. Before we adjourn, so We'llo..tmicrophone cutoffl...before we adjourn. PRESIDING OFFICER: (SENATOR WATSON) Senator Hall. SENATOR HALL : ...Mr. President. PRESIDING OFFICER: (SENATOR WATSON) So there will be a Democrat and Republican Caucus immediately in their respective offices. And the Senate will stand in recess until 2:45. (SENATE STANDS IN RECESS) PRESIDING OFFICER: (SENATOR WEAVER) I Committee Reports. SECRETARY HARRY: @ Senator Weaver, Chair of the Committee on Rules, reports the following action: Be Approved for Consideration - motion to concur with House Amendments 3 and 4 to Senate Bill 1751. (SENATE RECONVENES) ! PRESIDENT PHILIP: The Senate will please come to order. Supplemental Calendar No. 2 has been distributed. On the Supplenental Calendar No. 2, 19  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10# 1995 I the Order of the Secretary 's Desk, Concurrence. Mr. Secretary, i I read the bill.

I move to concur with the House ln the adoption of their Amendments 3 and 4 to Senate Bill 1751. Filed by Senator Barkhausen.

Senator Barkhausen.

Thank your Mr. Presldent. The request and recommendation for concurrence here comes about largely as a result of a request that we Ln turn have had from the Secretary of State's Office. And that goes to Amendnent No. 4, whlch would give the Secretary of State's Office some flexibility in -- in the design of the annual report that corporations under the Business Corporation Act and General Not For Profit Corporation Act have to file, so as to make it less expensive or so as to avaid a greater expense for corporations fillng annual reports. In additiony there is a request that comes from the CPA Society, at whose request we passed this last Session a -- legislation authorizing limited liabikity partnershlps, and so part of Amendment No. 3 cleans that up. Another part of Amendment No. 3 acts upon a recommendation from the Auditor General that the basis for charging for copies made by the Supreme Court be changed somewhat. Another part of Amendment No. 3 cleans up what was known as the Baby Richard legislation, House Bfll 2424, now Publtc AcE 88-5G0. And that deletes what we were supposed to have done. My understanding is, was to have deleted the underlying bill before passlng that conference commiktee report, which we did not do at the time, and thts now does that. Another part of House Amendment No . 3 makes certain clean-up changes, at the reconmendation of the Department of Public Aid, to the Uniform Interstate Famlly Support Act, which 20  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995 is now Public Act 88-550 alsoz and so We hereby accomplish that. And then finally, another part of House Amendment No. 3 is a request from the Recorders to make certain changes in the i dimensions of papers that are filed with them . I'd be glad to try to answer any questions the Members may have, and otherwise request concurrence in these two House anendments.

Is there any further discussion? Senator Berman.

Thank you, Mr. President. I have a questlon of the sponsor.

The sponsor indicates he will yield. Senator Berman.

In the portion of the anendment that deals wlth the Interstate Family Support Act, our -- our analysis says that the Department of Public Aid would be the initiating tribunal, but they would not have to flle any documents in the circuit court. Could you explaln a little bit about how do you go about collectlng child support if you're not going through the court system? Or am I misreading this?

Senator Barkhausen.

I -- I Nish I had more handlers here, Senatcr Berman. I know what we're trying to do in general with this leglslation is to make it easier to collect child support in the situation Where *he payor - the obligor - has moved to another state. If it's true that something doesn't have ta be filed within the circuit court, I assume that doesn't mean that a filing wouldn't have to take place in the -- in the court in the new jurisdiction in the state to which the payor, or the obligor: has moved. As I said, these provisions here are recommended by Public Aid, and beyond taklng a i 21  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0' 1995 stab at what may be the reason for that provision, my honest answer is I don't know.

Senator Berman.

All right. -- I -- you knowr this is a tough time to try to get into some of these details. Senator Barkhausenr if you would just have sonebody from Public Aid who is very familiar With this touch base with me, any time today or tomorrow, would appreciate it. We'l1 move -- we'11 move ahead that way.

Senator Berman, that -- that request is certainly ln order. Senator Hall, for what purpose do you rise?

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

He indicates he will. Senator -- Senator Hall.

It says, according to the Adninistrative Office of the Illinois Courts, this legislation is intended to correct an audit finding released May the 11th of last year. The findin: held tha: the Clerk of the 1st Appellate Court did not charge the proper fees for eoples. The current -- the currenk requirement of fifteen cents per cne hundred words is archaic and lmpractlcalg according to the office. How did that occur?

Senator Barkhausen.

What was the last part of the question, senator? How d1d that occur? PRESIDENT PHILIp : 22  STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0r 1995 Senatcr Hall.

During -- the Office of the Illinois Courts, this legislation is intended to correct an audit finding released May the 11th, 1994. The finding held that the Clerk of the lst Appellate Court did not charge the proper fee for copies. What was the proper fee? The...tmicrophone cutoffl...did that. The current requirement of fifteen cents per hundred words is archaic and impracticaly according to the office.

Senator Barkhausen.

Yes. Apparently the requirement has been that a court impose a charge of fifteen cents per hundred words, and this would give them the authority to charge a certain un-stipulated amount per page. Now, obviously the Clerk isn 't going to sit there and count ouk the number of words in a document. Sor you know, they don't really have any sound basis for figuring out what they should charge under the current system.

Senator Hall.

Yes. But they have a job to -- Why did this occur?

Agaln.

Senator Barkhausen.

I don't know.

Answer it for us.

23  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I i REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January 10, 1995 Senator Barkhausen.

The Auditor Generalz I suppose; maybe the Clerk of the Court. I

Any further questionsr Senator Hall? Senator Hall.

I think it's Wrong for if a court -- if a clerk sits there and 1 he doesn't charge the proper fee. Now sonething's wrong if that I i could happen a11 that time. That's what I Want ko knoW: Why? I

Senator Geo-Karis.

Will the sponsor yield for a question?

Sponsor indicates he will.

My understanding is that What this bill does is -- is clean up a couple of errors and omissions. Am I correct?

Senator Barkhausen.

Yes, Senator. A1l non-substantive.

Senator Geo-Karis.

And these deficiencies in the bill Were promised to be corrected by the lobbyists involved and I guess it wasn't done, so this amendment straightens it out. Is that -- is that correct?

Senator Barkhausen.

Yes . I 24  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0, 1995

Well, Mr....

Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, I don't know why we 're wasting any more time. Let's vote for the bill. Itfs a good chan:e and it's needed, and I support lt.

Senator Berman. ; i I SENATOR BERMAN: I I apologize, Mr. President, for rising a second timey but I -- I just think that there's a provision in here that, at least, We ought to know what we're voting on. The -- the existing 1aw says the circuit court is the - ''the'' - meanlng the singular tribunal i for determining paternity and child support. Paternity and child support. This amendment changes that, and it allows -- and it says that instead of being ''the'' tribunal, the courts are only ''a'' trlbunal. A second tribunal is now the Department of Public Aid, under which the Department is given the authority to determine paternity and, as I read itz chlld suppcrt. But paternity is going to be determined by the Department of Public Aid, not necessarily by a court. That is a dramatic change. Very dramatic change. And 1111 be lnterested to hear What the Department says as to their procedures. But I'm just telling you, Ladles and Gentlemen, this is no longer a issue -- paternity is no* going to be decided by a court; it's going to be decided by somebody in the Department of Public Aid. That's a dramatic change. Thank you, Mr. President.

Any further discussion? If not, Senator Barkhausen, to close.

25  STATE OF ILLINOIS l 88TH GENERALASSEMBLY REGULAR SESSION 1 SENATE TRANSCRIPT i 152nd Legislative Day January 10, 1995 I -- I -- I don't think -- again, it might have been obvious from my earlier comments that 1 may be without some of the facts, j I but my staff tells me that -- that the Section of the bill to 1 : Which Senator Bernan refers does not represent a change in at i E least what has been the Department of Public Aid's practice; that rather, this is language that is meant to nake -- to brinq about a consistency between practice and -- and statutory language here in ! i this new Act. Otherwise, Mr. President, I'd ask for a favorable roll call. PRESIDENT PHILIP: Now, this is final action. The question is, shall Senate concur in House Amendnent 3 and 4 to Senate Bill 1751. Those in favor will signify by saying Aye. Those opposedv Nay. The voting is open. Have you all voted who Wish? Have you al1 voted who wish? Take the record. On the question, there are 44 Ayes, no Nays, 9 votlng Present. S1x votlng No <sic>. The Senate does concur in Hcuse Amendment 3 and 4 to Senate Bill -- 1751. The bill, havin: received the required constitutional majority, is declared passed. Is there any other further buslness to come before the Senate? If not, we're going to go to the death resolution and then adjourn. Will the Members please be in their seat? Will the staff please retire to the gallery, and will the doormen please secure the doors? Senator Sieben moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 201. Those in favor will signify by saying Aye. Those opposed, Nay. The Ayes have it. The rules are suspended. Please read the resolution. SECRETARY HARRY: Senate Joint Resolution 201, offered by Senators Sieben, Burzynski: Woodyard, Philip , and all Menbers. (Secretary reads SJR No. 201) PRESIDENT PHILIP: 26 I  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SEHATE TRANSCRIPT 152nd Legislative Day January 10, 1995 : Senator Sieben. I

Thank you, Mr. President. November 23rd, in the middle of the night, Harlan passed away unexpectedly With a massive heart attack. Jn fact, it was a shock to his family and to his friends and all the people that had known him. And he'd spent twenty years here in this Legislative Chamber. In fact, I think he used to sit right over here where Senator Watson sits. I think they both have the same barber, if I remember. But Harlan -- and far nany of us, we lost a distinguished Member of our Hshort caucus''. But in splte of Harlan's small staturez he stcod up big for farmers; he stood up big and tall for family values; he stood up big and tall for taxpayers tn this State. And I know Harlan always took great pride in the fact that he was always able to return a portion of his district office allowance and not spend it allz and he was a very frugal manz had a very small office in the basement of an insurance building in Freeport. Certainly a dedicated public service -- servantr havin: served on Con Con twenty years ago, being involved in that process. And the family was quite impressed at -- at *he funeral service, on Saturday following Thanksgiving, that the -- the Governor chose to be there and make remarks at the funeral, and George Ryan was there and gave the eulogy, and Dawn Clark Netsch Was there in attendance, and many of you on both sides of the aisle were there in Cedarville that Saturday after Thanksgiving, to remember a dear and beloved colleague ln Ehis -- in this Chamber. We pve done the resolution, and we had it printed and had a copy of it framed, and last Wednesday night, Representative Lawfer and I went out to see Margie and went out to the farm about 6 o'clock in the evening and took a copy of the resolution to tMe family. And Tom and Tammy were there. We talked for about twenty ninutes about Harlan, and then we talked about farming . We talked about a lot of issues and ! 27  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0, 1995 i about the Republlcan elections, and by the time we were done, it I I was probably an hour and a half that we had been there. And I don't know how many of you have had an opportunity to present the family with a copy of a death resolution, but it was truly a moving experience that night - that cold Wednesday night - in Cedarville out in the countryside in Stevenson County on the farm that Harlan had loved so dearly. But Margle wanted me to share with you that that copy of the resolution is going on the wall in I I the kitchen, right next to that list of ten ''Rigneyisms'', I think it was that Laura and some of the other Members helped prepare to i present to Harlan when he retired, along side the various remembrances that Harlan and the family have of his twenty years ln the General Assembly. They appreciate that. It's a meanlngful experience, and I just wanted to express the -- the appreclation of the family to everyone Nho was there at the service and the visitation and participated in sharing this resolution with the Rigney family.

Senator Geo-Karis.

Mr. President and Ladies and Gentlemen of the Senate, Harlan Rigney and I went into the House at the same time. We Were colleagues with George Ryan. It Would be twenty-tWo years ago todayy as a matter of fact. And he was very knowledgeable about agriculture. He was very knowledgeable about revenue. He knew hoW to save a dollar, and he really did try to save the taxpayerls dollar. His death was very unpredictable. In fact, we Were a11 shocked, and it's a great loss to al1 of us in Illinois. We certainly give our condolences to his fine wife, Marge, and his children. He will be Well remembered by a11 of us Who knew him .

Senator Sieben moves the adoption of Senate Joint Resolution 28  STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day January l0, 1995 201. All those in favor, please rise. The resolution is adopted. The the Senate of the 88th General Assembly <ill now stand adjourned slne die. 29 REPORT: TIFLDâY STATE OF ILLINOIS 95/01/13 PAGE: 001 88TH GENERAL ASSEHBLY 1k:q9:19 SENATE DAILY TRZNSCRIPTION OF DEBATE INDEX JANUARY 10, 1995 HB-0061 CONFERENCE H8-3975 CONFERENCE SB-0033 CONFERENCE SB-1279 COKCVRRENCE SB-1751 CONCURRENCE 5R-1995 RESOLUTION OFFERED 3R-1996 RESOLUTION OFFERED 5R-1997 RESOLUTION OFFERED SR-1998 RESOLUTION OFFERED 5R-1999 RESOLUTION OFFERED SR-2O00 RESOLUTION OFFERED SR-2001 RESOLUTIOK OFFZRED SR-2002 RESOLOTION OFFERED 5:-2003 RESOLUTION OFFERED SR-200R RESOLUTION QFFERED SR-2005 RESOLUTION OFFERED SR-2006 RESOLUTIOK OFFERED SR-2007 RESQLUTIQN OFFERED SR-2008 RESOLUTION OFFERED SR-2009 RESOLUTION OFFERED SR-2010 RESOLUTION OFFERED SR-2011 RESOLUTION OFFERED SR-2O12 RESOLUTION OFFERED SR-2013 RESOLUTION OFFERED SR-201V RESOLUTION OFFERED SR-2015 RESOLUTION OFFERED SR-2O16 ADOPTED SR-2016 RESOLUTION OFFERED SJR-0201 ADOPTED SJR-0201 RESOLUTION OFFERED SJR-0204 ADOPTED SJR-020R RESOLUTIOM OFFERED SUBJECT HATTER SENATE T0 ORDEH-PRESIDENT PHILIP PZGE PRZYER-PASTOR JAMIE ALLEN PAGE JOUBNALS-APPROVED PAGE HESSâGES FROH THE HOUSE PAGE INTRODUCTION OF GUEST-SENZTOR KARPIEL PZGE GUEST SPEAKER-HRS. ILLIMOIS CZROLYN MORRIS PAGE MESSâGE FROM SENATOR LAPAILLE PAGE HESSZGE FROH THE SECRETZRY OF STATE PAGE HESSAGE FROH SENATOR TOPINKA PZGE HESSAGE FROM THE SECRETARY 0F STATE PAGE COMHITTEE REPORTS PàGE RESOLUTIONS CONSENT CALENDAR-ADOPTED PZGE RECESS PAGE COMMITTEE REPORTS PâGE SENATE RECONVENES PAGE ADJOURNHENT-SINE DIE PZGE