The hour of nine having arrived, the Senate Will please come to order. Will the Members be at their desks; Will our guests in the gallery kindly rise. The prayer this morning by the Reverend Lewis M. Krause, Springfield Southern Baptist Church, Springfield, Illinois. Reverend.
(Prayer given by tbe Reverend Lewis Krause)
Thank you: Reverend. Reading OE the Journal, Kadam Secretary . Senator Hall.
Thank you: Mr. President. Mr. President, I move that readings and approval of the Journals of Wednesday, April 26th) Thursdayr April 27th) Friday, April 28th: Monday, May 1st7 Tuesday, May 2nd; Wednesday, May 3rd: Thursday, May 4th7 Friday, May 5th7 Tuesday, May 9th, Wednesday: May 10th, Thursday: May the 11th7 Friday, May 12th7 Monday, May 15th and Tuesday, May 16th in the year 1989 be postponed, pending arrival of the printed Journals.
Youdve heard the motion as placed by Senator Hall. Is there any discussion? If not: a1l in favor will indicate by saying Aye. Al1 opposed. The Ayes have it. The motion carries, and it is so ordered. Resolutionsy Madam Secretary.
Senate Resolution 314 offered by Senator Ceo-Karis. Senate Resolution 3l5 offered by Senator Jerome Joyee. They dre both conqratulatory.
Consent Calendar.
Senate Resolution 316 offered by Senator J. E. Joyce. STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 It is substantive.
Executive. Committee Report. i !
Senator Carroll, Chairman of the Committee on Appropriations 1, reports Senate Bills Numbered 53, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 1187, 1188, 1189 and 1190 Do Pass. Senator Hall, Chairman of the Committee on Appropriations 11 reports Senate Bills Numbered 19, 439, 442, 443, 1191, 1192, 1193 and 1194 Do Pass. And Senate Bills Numbered 279, 280, 282, 284, 288, 437, 438 and 44l Do Pass, as Amended.
Messages from the House.
A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Repregentatives has passed bills of the following titles, in the passage of whieh I am instructed to ask the concurrence of the Senate, to Wit: House Bills 413, 414, 576, 618, 729, 873, 963, 977, 1051, 1207, 1266, 1269, 1278, 1300, 1338, 1428, 1429, 1553, 1569, 1579, 1623, 1699, 1745, 1866, 1868, 1873, 1878 and 1879. Passed the House May 16# 1989. Filed by John P. O lBrienz Clerk of the House .
Madam Secretary, While we're waitinq for the Members to pick up their files, welll go, with leave of the Body, to the Order of House Bills lst Reading. Page 40 on the Calendar. House Bills 1st , Madam Secretary .
2 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 8a# 1989 House Bill 58. An Act to add -- pardon me, offered by Senator Brookins. (Secretary reads title of bill) House Bill 95 offered by Senator Alexander. (Secretary reads title of bill) House Bill l00 offered by Senator Rigney. (Secretary reads title of bil1) House Bill 156 offered by Senator Madisan. (Secretary reads title of bill) House Bill 207 offered by Senator Topinka. (Secretary reads title of bill) House Bill 25l offered by Senator Berman. (Secretary reads title of bill) House Bil1 302 offered by Senator Rea. (Secretary reads title of bill) House Bill 307 offered by Senator Welch. (Secretary reads title of bill) House Bill 3l3 offered by Senator Jones. (Secretary reads title of bill) House Bill 370 offered by Senator Davidson. (Secretary reads title of bill) House Bill 484 offered by Senator Watson. (Secretary reads title of bill) House Bill 487 offered by Senator Welch. (Secretary reads tltle of bill) House Bill 535 offered by Senator Carroll. (Secretary reads title of bill) House Bill 546 offered by Senator Rea. (Secretary reads title of bill) House Bill 586 offered by Senator Berman. (Secretary reads title of bill) House Bill 620 offered by Senator Welch. STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7: 1989 (Secretary reads title of bill) House Bill 730 offered by Senator Madigan. (Secretary reads title of bill) House Bill 883 offered by Senator Karpiel. (Secretary reads title of bill) House Bil1 93l offered by Senator Woodyard. (Secretary reads title of bill) House 8111...963 offered by Senators Karpkel, Prkedland and Etheredge. (Secretary reads title of bill) House Bill 1094 offered by Senator Thomas Dunn. (Secretary reads title of bill) House Bill 1095 offered by Senator Thomas Dunn. (Secretary reads title of bill) House Bill 1096 offered by Senator Thomas Dunn. (Secretary reads title of bill) House Bill 1116 offered by Senator Rea. (Secretary reads title of bill) House Bill 1117 offered by Senator Luft. (Secrekary reads title of bill) House Bill 1140 offered by Senator Rea. (Secretary reads title of bill) House Bill 1151 offered by Senator Welch. (Secrekary reads title of bill) House Bil1 1153 offered by Senator Alexander. (Secretary reads tikle of bill) House Bill 1261 offered by Senators Hawkinson and Demuzio. (Secretary reads title of bill) House Bill 1286 offered by Senator Davidson. (Secretary reads title of bill) House Bill 1304 offered by Senator Karpiel. (Secretary reads title of b11l) 4 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day MaY 1989 House Bill 1312 offered by Senator Jacobs. (Secretary reads title of bill) House Bill 1314 offered by Senator Watson. (Secretary reads title of bill) House Bi1l 1358 offered by Senator Berman. (Secretary reads title of bill) House Bill 1360 -- offered by Senator de1 Valle. (Secretary reads title of bill) House Bill 1402 offered by Senator Rea. (Secretary reads title of bill) House :ill 1425 offered by Senator Jones. (Secretary reads title cf bill) House Bill 1467 offered by Senator Holmberg. (Secretary reads title of bi11) House Bill 1480 offered by Senator Narovltz. tsecretary reads title of bill) House Bill 1514 offered by Senator Alexander. (Secretary reads title of bill) House Bill 1576 offered by Senator Weaver. (Secretary reads title of bill) House Bill 1665 offered by Senator Jones. (Secretary reads title of bill) House Bill 1670 offered by Senator O'Daniel. (Secretary reads title of bill) House Bil1 1674 offered by Senator Jones. (secretary reads title of bil1) House 8111...1672 offered by Senator Woodyard. (Secretary reads title of bill) House Bill 1723 offered by Senator Jones. (Secretary reads title of bill) House Bill 1746 offered by Senator Daley. (Secretary reads title of bill) 5 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 House Bill 1774 offered by Senator Karpiel. (Secrekary reads title of bill) House Bill 1777 offered by Senator Davidson. (Secretary reads title of bill) House Bill 1789 offered by Senator Watson. (Secretary reads title of bill) House Bill 1881 offered by Senator Berman. (Secretary reads title of bill) House Bill 1896 offered by Senator Watson. (Secretary reads title of bill) House Bill 1940 offered by Senator Brookins. (Secretary reads title of bill) House Bill 1997 offered by Senator Welch. (Secretary reads title of bill) House Bill 2035 offered by Senator Jones. (Secretary reads title of bill) House Bill 2042 offered by Senator Weaver. (Secrekary reads title of bill) House Bill 2061 offered by Senator Jones. (Secretary reads title of bill) House Bill 2064 offered by Senator Welch. (Secretary reads title of bill) House Bill 2077 offered by Senator Jones. (Secretary reads title of bill) House Bill 2280 offered by Senator Weleh . (secretary reads title of bill) House Bill 2313 offered by Senator Daley. (Secretary reads title of bill) House Bill 2323 offered by Senator Jacobs. (Secretary reads title of bill) House Bill 2373 offered by Senator Weleh. (Secretary reads tktle of bi11) 6 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 8aY 1989 House Bill 2374 offered by Senator Welch. (secretary reads title of bill) House Bill 2433 offered by Senator Topinka. (Secretary reads title of bill) House Bill 2514 offered by Senator D'Arco. (Secreeary reads title of bill) House Bill 2757 offered by Senaeor Jones. (Secretary reads title of bill) House Bill 2776 offered by President Rock. (Secretary reads title of bil1) House Bill 2808 offered by Senator Jones. (Secretary reads title of bill) House B1l1 2805 offered by Senator Daley . (secretary reads tktle of bi11) 1st Reading of the bills. House Bill 3l2 offered by Senator Philip. (Secretary reads title of bill) 1st Reading of the bill.
Al1 right. Ladies and Gentlemen, We will begin on the Order of Senate Bills 3rd Reading on Page 1l, Where we left off yesterday, which is Senate Bill 68. So to afford the Members the opportunity to qather their files and themselves, we'll stand at ease for fifteen minutes. SENATE AT EASE SENATE AFTER EASE
I would ask the Members, those who are Btill in their office, we Will be on Page 11 on the Calendar on the Order of Senate Bills 7 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May l7e 1989 3rd Reading. So for those of you wbo have bills on 3rd Reading, this is the appropriate time. Resolutionsz Madam Secretary.
Senate Resolution 3l7 offered by Senator del Valle. Senate Resolutlon 3l8 offered by Senators Geo-Karis and Barkhausen. Senate Resolution 3l9 offered by Senator Karpiel. TheyIre a11 congratulatory.
Consent Calendar. Senator Geo-Karis, for What purpose do you arise?
Mr. President and Ladies and Gentlemen of the Senate, Senate Resolution 3l8 is in -- is a congratulatory resolution, and the man is being honored Sunday. And I Wonder I could suspend the rules for immediate consideration of 3-1-8.
All right. Senator Geo-Karis has moved to suspend the rules for the immediate consideration and adoption of Senate Resolution 318, a congratulatory resolution. A1l in favor of the motion to suspend indicate by saying Aye. All opposed. The Ayes have The rules are suspended. Senator Geo-Karis noW moves the adoption of Senake Resolution 3-1-8. Discussion? If not, all in favor indicate by saying Aye. A11 opposed. The Ayes have it. The resolution is adopted. A1l right. Ladies and Gentlemen, if I can have your attention. We will be on the Order oE senate Bills 3rd Reading. The staffs are in a posture of -- of preparing for our approval the Motions to Discharge from the respective committees, and we will :et to that as soon as that list has -- has been finally approved. We will work until approximately five-thirty or six o'elock this evenins. So I would ask the Members to keep abreast of the Calendar. We wîl1 begin on the Order of Senate à STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE T/ANSCRIPT 31st Legislative Day May l7, 1989 Bills 3rd Reading: Page ll. Senate Bill 68. Senator D'Arco. On the Order of Senate Bills 3rd Reading is Senate Bill 68. Madam Secretary, read the bill, please.
Senate Bill 68. (Secretary reads title of bill) 3rd Reading of the bill.
Senator D'Arco.
Thank you, Mr. President. Senate Bill 68 puts in the Illinois Statutes a definition of death, which heretofore has been undefined. Now, the definition of death is defined in the Anatomical Gift Act, and that Act provides for Ehe donation of a person's organs when the person is, in fact, considered to be dead. This bill Would simply put this definition in the Illinois Statutes for all medical purposes. I want you to know that the Catholic Archdiocese is in favor of this bill. I've been told that Cardinal Bernardkn is in favor of this bill. I've also been told that some Right to Life representatives are not in favor of this bill. But the fact is, and I have correspondence here from people in the Right to Life movement throughout this country that do support this definition of death. So I don't know they lve 9ot their act together. But the fact is that thls has nothing to do with lessening a person's life in -- when a person is in a terminal condition. All this bill says is thaE if a person is brain-dead and the stem of the brain is completely nonfunctional, that person is consldered dead. It's accepted medical practice ehroughout this country. Forty-five states have this definition of death. The Illinois Appellate Court has determined that this is the appropriate definition for death. This has nothing to do with the sanctiky of life. In fact, it defines the sanckity of 9 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 life. I ask your support of this important bill. Thank you.
PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? Senator Topinka.
Ies, Mr. President and Ladies and Gentlemen of the Senate. I would speak in support of this bill With Senator D'Arco, and -- and certaknly do appreciate the leadership that hels taken on this issue. Because as it is, you know, as he has brought outy basically, other than in the Anatomical Gift Act: the definition of death really and truly is not addressed in Illinois Statute. It's strictly done by court precedent. It obviously makes people nervous who have to deal with these kind of instances. Not to mentlon the the anguish it creates to -- to families Who are faced with these kind of difficulties and really have no place to qo. -- with the consistently progressive way khat medical technology has gone forward, and and the way that we can basieally keep dead people almost alive, or at least keep the facade of life going indefinitely, it not only creates pain and anguish; it creates a tremendous expense for the public at large. I think this is a very good bill, and as Senator D 'Arco has pointed out, it has worked very effectively in forty-five states. It's my understanding that the Catholic Council does, indeed, support the bill, and I think if we could :et a positive vote on this, we would be doing something for the citizens of Illinois that would be very korthwhile at this time. Especially in light of what we have seen come out of the town of Cicero in that case of the Linares baby, whlch think gets into this whole issue very. very closely. So I Would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Geo-Karis.
Mr. President and Ladies and Genttemen of the Senate, I rise 10 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 31st Legislative Day 1989 in opposition to this bill. We cannot play God. There have been instances where people have come back, and are living normal lives. And when you say accepted medical standards - supposing a doctor makes a mistake, so we kill the person? I think this is wrong. I rise against this bill. I don't think We should play God, as I saidy and don't think we should take chances on someone else's life like that.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Kelly.
Thank you: Mr. President. I'd like to ask the sponsor a question or two .
PRESIDING OFFICER: (SENATOR DEMUZTO) The sponsor indicates he Will yield. Senator Kelly.
Senator D'Arco, under your billw the individual -- for instance, lf somebody is on a life-support machine the doctor -- a doctor makes an individual decision at that time that the individual is -- is so-called brain-dead and not -- not function%ng, and therefore is legally dead. And it would be a physician that will make that determination, one person? And also, how -- how quickly ks tbat decision made? Is it made, you know, is there any kind of a time framey or can it be made any time that the individual is on this equipment and considered brain-dead?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator D'Arco.
Under normal situations, if a -- if a person ks is on a respirator: he's -- for al1 -- he's alive when they hook him up to a respirator he is, in fact, alive at that time. Nokz subsequently, he might die, and he may lose all respiratory 11 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 8a# 1989 function, or his brain might die. Tf his brain dies, ln effect, he is dead at that point in time, and the determination is -- is made by khe physicians who are -- who -- who are his -- his doctors at the -- at -- who are his doctors. Now, under normal medical practice, it takes more than one physician to make the determination that a person is dead.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Kelly.
So what your intent is, then - if an individual is on one of these machines which is keeping him alive and -- and their brain is still functioning, then you are noE a: that point advocating pulling the plug?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator D'Arco.
I'm glad you brought that up# because that's exactly correct. If this person's brain is still functioning, I am not advocating pulling the plug. want that understood, and I want Senator Geo-Karis to understand this. If a person is in a comatose situakion theydre in a coma; whether or not that person: under this definition of the law, is still alive - their brain is still alive; now whether you pull a plu: in that situation is up to the family, the physiciansy and maybe a coure, dependlng on the circumstances. That has nothlng to do With the definition in this bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Raica. SENATOR RAICA; Thank you, Mr. President and Ladies and 'Gentlemen of the Senate. I stand in opposition to this billz and I guess it's because there's what they call hypothermia. And that's when 12 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May l7, 1989 someone is either submerqed in - if we want to call lake water - or is out in khe cold weather for a lon: period of time, and at that point in time a11 the -- bodily functions at that point are Elowed down. Would thks bill - because Wefre talking about organs - I don't know what the priority in that case would be. Would be the patient that is suffering from the hypothermia, or if it's going to be to save the orqans and give it to someone else. I just, uith this bill, see some kind of time element being put on for khe possibility of saving orçans for someone. And -- and one case that -- that comes to mind às the Jimmy T. case. Jimmy was submerged in in -- in the lake water for a long period of time and is -- is with us today, and I would hate to see an arbitrary decision to -- to pull the plug on someone to try and save an organ, and not a full, earnest attempt on saving that patient's life. So I would have to stand in opposition to this bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Hudson.
Thank you, Mr. President. Ladkes and Gentlemen of the Senate, 1, too, stand in opposition to this bill, principally, because 1 think we are getting in advance of ourselves. We can talk all We want here about accepted medical standards, and yet recognize the fact that at the same time the medlcal authorities are in almost total disarray and -- and and not in agreement as to what conskitute -- really constitutes death. And ib would seem to me that in this case, if we were going to err ak all. we ough: to err on the side of caution, rather than qetting -- moving along too fast puttin: something in the law. And it worries me a litele on the Anatomical Gifts, too, and I1m not knocking that idea. But have a lurking feeling that sometimes we...
PRESIDING OFFICER: (SENATOR DEMOZIO) Excuse me, Senator Hudson. Pardon me. Laöies and Gentlemen, 13 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 1989 can We have some order? Senator Hudson.
. .o sometimes we may be faced with the danger of being so interested in organ donation that we are Willing to come to the conclusion thak a person has actually died. Now I hate to suggest that - but it's a possibility, and think kt's a real possibility - suggest that a person has died before We're absolutely sure they have died. Now I think -- I think -- I Lhink the thing here is tg proceed with great care, and too, would join those who are urging a No vote on this particular bill.
PRESIDING OFPICER: (SENATOR DEMDZIO) Further discussion? Senator Barkhausen.
Mr. President and Members, I think if some of the things vere krue that *he opponents of this legislation have just said, -- I -- I doubt very seriously for one, that you kould find the Illinois Catholic Conference endorsing this bill, as Senator D 'Arco has pointed out. Nor, if there were confusion on medical standards of what really constktutes death, also doubt that you find the Illinois Medical Society endorsing this bill. I would also point out, as Senator D'Arco did, that this legislation is is actually codifying what is noW Illinois common law. Illinois Courts have -- have ruled that the definition of death is as it is written in this bill. So we're really doing nothing new hereg other than putting in Statute what is already the 1aW in Illinois. I would also like to add as a -- as one of Ehe nine Illinois members on the National Conference on Unlform State Laws, that we are seeking ko do With this Uniform Determination of Death Act and also with the revislon to the Uniform Anatomical Gkft Act, we are seeking to make uniform what these standards are throu:hout the country, so that those who are called upon to make determinations of what constitutes death and when lt is 14 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 permissible to make or Eo seek anatomical gifts will have a -- as uniform a standard as possible by which to be guided. So for all of these reasons, also ask your support of this bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discusskon? Al1 rkght. Senator Topinka, for a second time. Senator Topinka.
Yes, and please excuse me, Mr. President and Ladies and Gentlemen of the Senate, in addressing, if 1, may Senator Raica's question, because I know he is very close to issues like this, being a paramedic. But I don't think this Would be applicable to hypothermiaz wherein, indeed, there would be a slowing down of body functionsr and not being a doctor and not wishlng to practice without a license, I do think, though, that the brain waves Would continue under those circumstancesw and hence would not fall under this definition - ige., there would still be life, and it would be preserved to everybody's best possibilities here.
PRESIDING OFFICZR: (SENATOR DEMUZIO) All right. Further discussion? If not, Senator DîArco may close.
Thank you, Mr. President. The objectlon to this bill from Senator Kustra, as Senator Topinka pointed ouk about hypothermia, is absolutely unfounded. Because you can do an electroencephalogram on a person - and I don 't care how much his respirakory sysEem has slowed down - if he's stlll alive, Ehere will be brain activity going on in that person's brain. Itfs only khen *he brain stem is completely dead is this -- does this definition come into play. Now, this bill is the law in forty-five states in this country, and if it Was such a -- if this is such a terrible idea, you would hear about it from these other states that have passed this exact definition. And it is already 15 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17# 1989 the 1aW in Illinois. And it is the law in the -- Anatomical Gift Act Statute of the 1aW of Illinois. And it is absolutely proper that Illinois finally have a definition that is consistent with What ks going on in the real world, and that's a11 this bill does. Make What is put into Statute what We are -- are already doing in the real world . I ask your favorable support on this important measu re .
PRESIDING OFPICER: (SENATOR DEMUZIO) The question is, shall Senate Bill 68 pass. Those in favor will vote -- will vote Aye. Those opposed kill vote Nay. The voting is open. Have a1l voted who Wish? Have a1l voted Who wish? Have a1l voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. 0n that question, ehe Ayes are 32, the Nays are 20, 3 voting Present. Senate Bill 68, having received the required constikutional majority, is declared passed. Senate Bill 70. Senator DfArco. Senate Bllls 3rd Reading. Senate Bill -- 70, Madam Secretary. Read the bill. SECRETAAY HAWXER) Senate Bill 70. (Secretary reads title of bk11) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator D'Arco.
Thank you, Mr. President. Senate 3ill 70 is an attempt to reeruit minority students in the -- in engineerinqg and sciences, and mathematics in our State universities. The Illinois Institute of Technology is very interested in recruiting minority students from our high sehools and trying to get those people that excel or have an aptitude for mathematics, and science, and engineering, to get them interested and recruit them into IIT and other universities that eoncentrate in these areas. Al1 the bill does 16 STATE OF ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 is se* up a pilot program more or less With criteria giving the State -- giving the State Board of Election - strike that - the State Board of Education the power to implement the program and to reach out into our universities and to have them recruit the students who so badly need to be recruited when they show some aptitude for khese -- for these partieular endeavors. This is a good bill. It's a bill that is going to make some scientists in the future from reeruitmeht by our universities, if we have the for foresight to implement this legislation. Thank you, and I ask for your favorable support.
PRESIDINC OFFICER: (SENATOR DEMUZIO) Further discussion? If not, the question is, shall Senate Blll 70 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have all voted who Wish? Have a1l voted who Wish? Take the record. On that question, the Ayes are 40, The Nays are 14w l voting Present. Senate Bill 70# having received the required constitutional majority, is declared passed. Senate Bill 79. On the Order of Senate Bills 3rd Reading is Senate Bill 79, Madam Secretary.
Senate Bill 79. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Maitland.
Thank you very much, Mr. President, Members of the Senaee. Senate Bill 79 seeks to# in my judgment, create a better and -- and more level playing field as we address the issue of salary increases for Menbers of the General Assembly and -- and others. I was one who stood with most of you when the Compensation Review Board was created. It seems to me that that Board does an 17 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17 , 1989 excellent job of seeking proper salary levels for legislators and other State officials. My eoncern With that has always been that once that report has been filed, emotion is found in one or the other Chambere perhaps in both, and first of all, you react to thae ln a -- ln a positive way to defeat the notion. thînk that in itself probably is wrong. It causes a lot of confusion with Members of the Body, certainly with members of the press, and our constituents back home. One who believes very strongly that legtslators ouqht to vote for their own salary increases, and I have done that. I think we must keep legislative salaries consistent. But I think itls also imperative that We a11 vote that issue up or down. seems to me not proper for one House to reject the pay raise, have the other one act on it, and thus allow it eo become law. With the bill that I have before you this morninq, Senate Bill 79, the report will be filed by March l by the Compensation Review Board, and Within thirty days a legislator in either Body, or both, will introduce legislation that contains the components of that report or a -- or a portion of a prorated portion. But that legislation will have to pass b0th Houses and be signed by the Governor to become law. I think this is fair. I think it makes it easier for our constituents to understand What's going on down here. I stand ready to answer any of your questions, and would appreciate your support.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Berman.
Thank you, Mr. thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition to Senate Bill 79. We have heard the phrase many times, and I think it's apropos here ''If ain't broke, don 't fix ito'l It doesn't take much of a memory to recall how virtually impossible it was, before the passage of the Compensation Review Board, to obtain adequate 18 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3lse Legislative Day May l7, 1989 increases, even modest increases, for the Executive Branches and Judicial Branches of Government: not to mention, evene the Legislative Branch. It was virtually like pullinq teeth: and if you recall the process which Will, in fact, be invited back again by the passage of this bill, it was never done in an open process. There was a -- a bill that vas put on àn conference committee on June 30th, and that's where those raises would come from . There was never any public participation. There was never any committee hearings. There was never any opportunity for the people that are affected - legislators, judges: the Governor: executive elected officers, and members of the Executive Branch, to come before the Legislature and justify pay increases. There just wasn't that opportunity, because we were all afraid to even discuss pay raises. Since the passage of the Compensation Review Board, i: has become an open process, and 1et me point out why I say that. The Compensation Review Board holds public hearings. The public comes and eestifies pro or con. Affectede elected and appointed officials come and testify pro or eon. There ls the opportunlty for legislative input before the Compensation Review Board. That's an open processs and that's the process that has worked well. We have been able to inerease in the past few years the compensation levels of the Executive Branch and the Judicial Branch to reasonably adequate levels. When -- last year, When money was very tight: we turned down a pay raise, as we should have, overwhelmingly. I think that this is a giant step backwards. The sponsor of this bill says that he has voted for his own pay raises. So have 1, but I've goE to tell you thaE there are many, many people who don't feel the political security to be able to do that, or have ehe political backbone to do that, and those are tough votes. I urge a No vote on this, not only for ourselves, and I'm not really pleading for ourselves. Buk I think more so for the Executive and Judicial Branches of government, who 19 STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 have benefited by the open process and the method of requirin: both Houses to reject pay raises. We have qiven them reasonable raises in the past. Last year we turned it down. It works Well. Don't throw it out by voting Aye. I urge a No vote.
PRESIDING OFPICER: (SENATOR DEMUZIO) Purther discussion? Senator Rock.
Thank youe Mr. President. Ladies and Gentlemen of the Senatez 1: too: rise in strong opposition to Senate Bill 79, and frankly, was a little - I guess concerned - when Senator Maitland indkeated that the Compensation Review Board - the Rembers of èhich are appointed by the legislative leaders, have, in fact, done an excellent job. They have justified every recommendation that they have made to us by virtue, as Senator Berman pointed out, of public hearings and testimony, and now he seeks effectively a repealer of that system. Back in 1971, when I first got here, Senator Bradley Glass and I sponsored a sàmilar program, and it Was overwhelmingly defeated for, I guess, some of the same reasons, that everybody says, ''Wel1, We've got to stand up and vote for our own pay inereases.'' The fact of the matter is, without this system, we are in serious trouble: and I would urge the Membership to serkously conskder what wefre about. And would urge a No vote on Senate Bill 79.
PRESIDING OFPICER: (SENATOR DEMUZIO) Purther discussion? Senator Fawell.
Thank you very much. I urge support of this bill. Unfortunatelyr what has really happened in the real world, and those of us who are in the Assembly know, that there is another Legislative Body over here that doesn't seem to feel that they should take the blamee or the credit, for voting for a pay raise or for letting it be. Basically, what's been happening, as you 20 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3lse Legislative Day May l7, 1989 well know, is thae they have consistently defeated it' run over to the Senatee and said, ''Now, youlve :ot to pass it.f' It seems to me if theydre going to play the games, then What we ought to do is everybody vote for and everybody take the credit, or everybody kake the blame. We ought to all vote for this bill.
PRESIDING OPFTCER: (SENATOR DEMUZIO) Further discussion? Senator Keats.
Thank you, Mr. President: Ladies and Gentlemen of the Senaee. rise kn support of the position taken by Art Berman and Phil Rock. I have been here long enough now - this is my thirteenth year remember both how this Was done in the past and hoW itls done now. And we have actually acted quite responsibly on the Commtssion's recommendations. At times I felt they Were too hiqh. A* times I felt they Were too 1oW. And When We agreed With them We accepted it, and when we didnlt, we killed 1t. That was What the system was supposed to do. But for a moment: for those of you who have been here a llttle longery remember What it used to be like. I sEill remember 1978: When about one second before midnight, on, you know: whatever the end of the date was after the Session, after the election, the Whole works - all of a sudden a large pay raise surfaced that caused al1 sorts of problems. But because the system had so bottled-up the issue, the only way this could ever be done was sneaky, underhanded, backdoor way. If we abolish this system that's up front with outside people giving us recommendations, you 're going to go back to Ehe same system, because you know and I know there's certain Members of this Body who have a distinctive lack of something - we'll call it backbone. And if they don't think theydre Worth a dime: Well I agree with -- on that with some of them. But the simple fact isz you need an outside recommendation Eo qive you reasonable recommendaeions, so you have some idea what to move forward on. Think about What it 21 STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May l7# 1989 -- what is used to be like, before you do away with a system that actually is Working fairly Well.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Etheredge.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. rise kn support of this legislatkon. Those who bave opposed -- speaking -- spoken in opposition to this bill, have expressed the -- their support of the Compensation Review Board. 1, too, support the Compensation Review Board. I -- I view the establishment of that Board as a -- as a good step that Was taken a number of years ago. I think they've done good Work. view this legislation as not in any Way undermining the work of that Board. They wkll stkll do they -- thekr work. They will make their report to the General Assembly , but then what will happen is that, under this legislation, we will be required to make a positive action to support or to reject the recommendations of this Board. I think this is a this bill represents a step in the direction of greater openness, which one of the opponents has spoken for. So I see this as a naturalr next step for us to take in dealkng Wkth thks very thorny problem of salary levels for members of our Judiciary, for members of the Executive Branch, and yes, even for ourselves. would urge support for this bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis. SENAT9R GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, What's wrong with being up front and honest with the public in advance: so theydll know exactly what Wedre doing? And that's What this bill purports to do, and will do Why do we have to worry about ourselves and hide it? Wedre not hiding it under this bill. Itdll be open to the public in advance. If they want to scourge 22 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7, 1989 us - fine; if they want to agree with us - fine, but at least it's there. And ik's -- itls - I believe in being very direct and forthright, and I certainly support this bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purtber discussion? If not, Senator Maitland may close.
Thank you very much, Mr. President and Members of the Senate. Senakor Rock and -- and Senator Berman I -- I know of no two attorneys on this Floor who I respect more. You argue a ease very well, and youtve done that for a number of years. I'm really I'm really concerned about the argument that you presented for this ease. Your argument Was in favor of the Compensation Review Board, you talked about the excellent job that theydre doingz and how we ought to continue to follow that process, and I agree. The Members on this side Who spoke in favor of my bill said the same thin:. No one for a moment is suggesting that the Compensation Review Board is not doing their job. They are. indeed, doing an excellent job: and they help us achieve this goal. Our only point is, Ladies and Gentlemen, this is the only legislation - this is the only issue that We decide in thks Body or the other Body that becomes 1aw that doesn't -- doesn't -- bring it doesn't call for a need för ratification of b0th Houses and a signature by the Governor. Now: please tell mee what's wrong with that? The media is -- confused on this. 0ur constituents are confused. This puts everything up front. This will not set back pay raises - noE at all. I think -- I think it may legitimize what welre doing. Absolutely wkll. plead my case. This is good legàslatlon - necessary legislation - and I ask for your support for Senate Bill 79.
PRESIDINC OFFICER: (SENATOR DEMUZIO) The question is, shall Senate Bâll 79 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. 23 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 Have a11 voted Who kish? Have a1l voted Who wish? Have a1l voted who wish? Have a1l voted who Wish? Take the record. On that question: the Ayes are tbe Nays are 20z none voting Present. Senate Bill 79, having received the required constitutional majority, is declared passed. Senator Rock, for what purpose do you arise?
To request a verification of the affirmative vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. There has been a request for a verification. Can't find the bell. There's been -- Senator Rock has requested a verification. W1ll all Members be in their seats? The Secretary Wi11 read tbe Members who voted in the -- in the affirmative. Madam Secretary.
Davidson, DeAngelis, Donahuer Dudycz: Ralph Dunn, Thomas Dunn, Etheredge, Fawell, Friedland, Geo-xaris, Hawkinson, Holmberg, Hudson, Earpiel, Mustra, Macdonald, Madigan' Mahar: Maitland, Netsch, O'Daniel, Philip, Raica, Rea, Schaffer, Schuneman, Topinka: Watson, Weaverr Welch, Woodyard and Zito.
PRESIDING QFFICER: (SZNATOR DEMUZIO) Senator Rock, do you question the presence of any member who voted in the affirmative? Senator Rock.
Senator Donahue in the hall?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue is in the phone b00th in the back on the Floor. On the verified roll call, there are 32 Yeas, 20 Nays, ncne voting Present. The -- Senate Bi11 79 is -- having recekved the required constitutional majority, is declared passed. 85. Senator Jaeobs. 86. Senator Jacobs. Page l2. Page l2. 89. Senator Collins. Senator Collins. All right. 0n the Order of 24 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSTON SENATE TRANSCRIPT 31st Legislative Day 8a# 1989 Senate Bills 3rd Reading is Senate Bil1 89. Madam Secretary, read the bill, please.
Senate Bill 89. (Secretary reads title of bi11) 3rd Reading of the bill.
PRESIDING OFFTCER: (SENATOR DEMUZIO) Senator Collins.
Yes. Thank you: Mr. President. This is a very simple amendment. It amends the Abandoned Housing Rehabilitation Act that we passed tWo years ago, and at the request of some of the local housing groups, they thought that the bill Would probably work better if we would eliminate the requirement that the property would have to be delinquent in taxes also for two years. This legislation, as many of you probably have seen, We passed it, think: With almost unanimous vote, and it has become model legislation for other states across the country. And I think this is a great improvement in the Act. And I Would just ask for your considerable support on this bill. And Would be happy to respond to any questkons.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senaee Bill - well, all you got to do is turn your lights on. Senator Topinka.
If -- lf I may ask a question of tbe sponsor.
PRESIDING OFFICER: (SENATOR DEMUZIO) She indicates she will yield. Senator Topinka.
If youbre -- if youdre talking about unoccupled property, and if would be an apartment building, are we talking about the landlord who may not physically oûcupy it but stkll own the 25 STATE OF ILLINOIS 86*h CENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 31Et Legkslatkve Day May 17: 1989 property and still have -- eontrol over it? Or are we taking it down to the last possible tenant? Cöuld you kind of define what is unoccupied?
PRESIDING OFPICER: (EENATOR DEMUZIO) Senator Collins.
Xes. Ves. Senator, I would -- am I on?
PRESIDING OFFICER: (SENATOR DENUZIO) ïou certainly are.
Okay. Senatory although thks -- thts amendment is not dealing With that - the -- the provisions for khat is in the existing law - but unoccupied building means an abandoned building where there is no -- no one living or no use of a building. It is just there open: and it is a menace to the community. is a den by which many of the drug deaiers and -- and other undesirable people congregate to conduct illegal aetivities, and that's khat abandoned means. It does not a landlord kould have to live in his or her property in order for not to be abandoned.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Karpiel.
Thank you, Mr. President. I1d like to ask the Eponsor a question.
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. The sponsor indicakes she will yield. Senator Karpiel.
Thank you. From the way I -- I read the bill very quickly on this analysis, seems like you've got two classifications of property that can be taken. One of them is the tax delinquent property. And then -- another is khat broader definition which 26 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 Would say that if you Eave property that has been a hazard and continuously occupied by persons legally in possession for a -- for a year, that property can also be taken. Is that so? SENATOR COLLINSS Senator, I donêt know whak your staff analysis says, but if khe staff Who did kt Would have tooked ak existinq law - We did noe change anything in the existing 1aw with the exception of allowing now taking away the requirement that the -- that the bill didn't have to be delinquent ln taxes for two years. That's a1l this amendment is doing to existing 1aW. And I don'e know where you all staff getting all of the other concerns fromv because khis bill does not - this anendment to the Aet does not address any of khat. That is already defined in the Statute, and a1l this amendment is doing - it is taking away the double requirement that khe bill didn't have to be delinquent for two years in taxes.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel. SENATOR RARPIELJ Well I'm -- I'm sorryr but I am very eonfused on it. If you look on Page 1 of the bill on llnes l3, 14 and l5, that's neW languagee from what I understand. I mean it's all underlined. That's -- that's new language that you're puttin: into the bill, ''. . . which because of its condition constitutes a hazard to the surrounding area and has been continuously unoccupied by persons legally in possession for the preceding year.'l And Welre putting a whole new category, of property which can be taken, ineo khe Statute by thak language.
PRESIDINC OPFICER: (SENATOR LECHOWICZ) Senator Collkns.
Itm look -- I1m looking at the underlined language: but this was already a condition in the new Act -- in the Act. 27 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislakive Day May 17# 1989
PRESIDING OFFICER: (SENATOR LECHOWICZ) Welle let's get -- maybe Senator Hawkinson can shed some ligh: on this. Senator Davidson.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LCCHOWICZ) Indicates she will yield.
Are you saying that this Act kould become law would by your definition that someone Who owns the property, who have been paying the taxes, and for Whatever reason has left it unoccupied for a year, and someone decides that it's a hazard in a communitye you can go in and take the property?
No. Again if you understood the -- the -- the law on ehe books, they are -- ik established conditions by which you have to go into the circuit the courts. 7ou cannok do this. It is done by the courts.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson.
Senator Collins, you didn't give me an answer. understand clearly what the law is. The 1aw is if there's -- if you havenlt paid the property tax for two years, it is -- declared delinquent: the court can give it to whoever bought the taxes. understand khat clearly. That goes on al1 the time. But what youdre saying in this bill, if it would become lawe that someone who 's a property owner, who has paid the taxes, and for whatever reason has been unoccupied for a year, and someone else decides that may or may not be a hazard to the community, you can go in and take their property. And that's absolutely un-American. You can't go in and take soneone's property, if they've been paying 28 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 the taxes and: for whatever reason, they left it unoccupied. You got buildings in your district, I :ot buildings and property in my district that are unoccupied, that taxes are paid by the owner. This is a terrible bill. This is -- this is golng back eo the days of Hitler.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Demuzio.
Thank youz Mr. President. I -- hesitate to rise in opposition to this bill, but Senator Davidson is absolutely correct. Now, if the Senator would wish to, you know, simply limit this to the areas that have a million inhabitants or more, it may be nore applicable that -- that it Would have my support. But in downstate, the illustration that Senator Davidson has given is absolutely true. I think this is a terrible concept, and wouldn't want it to happen in my counties. PRESIDING OPFICERJ (SENATOR LECHOWICZ) At the request of the sponsor, the bill will be taken out of the record. Senate Bill 90 will be held at the request of the sponsor. Senate Bill 100. Senator Zîto. Senate Bill 107. Senator Severns. Please read the bill, Madam Seeretary.
Senate Bi1l 107. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Severns.
Thank you, Mr. President. Senate Bill is a bill that simply says f'No school - no wheels.'' If a student drops out of school, khey lose their driver's license under the provisions of this bill. Wedve simply written this bill that it not be a 29 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 revocation or a suspension to imply further break in the law --
PRESIDING OFPICER: (SENATOR LECHOWICZ) Excuse me, Senator. Please proceed .
- - but it -- that kt be a bill that provides for cancellation of a driver's license when a student drops out of the classroom. It is intended to provide an incentive for students stayinq in the classroom rather than students dropping out. Our dropout rate in Illinois is exceeding our ability to deal with it effectively. While I don't pretend that this is the answer to the dropout problem, I do believe that it will provide an incentive for students to stay kn the elassroom. Students drop out all too often in a shortsighted decision not well thought out. Thisy I quarantee you, will make students think twice before they drop out of the classroom and suffer a life of -- of -- of a lesser future because of a decision too often made quickly. I would be happy eo answer any questions: and I kould urge adoptlon of this bill.
PRESIDING OFPICER: (SENATOR LECKOWICZ) Any discussion? Senator Barkhausen.
Senator. Wil1 the Senator yield?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates she will. Virginia. Senator Macdonald. Senator Barkhausen's recognized.
Senator Severnse I'm...inclined to view the concept behind this bill with some sympathy. Wonder, however, if you and your staff have by any chance looked at this bill in light of a recent Illinois Supreme Court decisibn known as People vs. Lindner, in which -- in which the court I believe in rulin: on the constitutionality of revoking and suspending licenses for certain offenses that weren't necessarily related to the operation 30 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May l7, 1989 of a vehicle, said that constitutionally that can't be done. And at least as I -- as I read the opinion, and I'm wondering, in light of ehat, khether there isn't a good chance that this billy if it goes into effectz will be declared unconstitutional.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Severns.
Thank you, Senator Barkhausen. We most eertainly bave looked at People vs. Lindner, and find that therels no evidence to suggest that it would be applied to the legislation proposed. The argument can be, in fact, that too often driver's license has something very much to do With the decision for a student to drop out. Unfortunately, many students decide that the idea of seeking a job to earn the money to buy a car is very much -- is part and parcel to their decision in dropping out. Once a studenk has earned the money to buy a car, kf they are ln the classroom, theydve decided too often that they like driving their car better than they like being in the classroom. While I donît pretend that this bill is a cure, I do believe, based on very preliminary evidence, that it Would impact the amount of dropouts today . In West Virginia and in Wisconsin, although the results are only preliminary, it ks suggested that these kind of bills have had an impact. I think it 's important that weîve written cancellation in this bill, rather than revoeation or suspension. That Would be considered under the arguments of -- of anyone who would try to apply People vs. Lindner to this legislation.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kustra.
Thank youe Mr. Pzesident. Question of the sponsor.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Indicates she will yield. 31 STATE OP ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989
Senator Severns, do not have a copy of khe bill in -- in front of me, and if I didr maybe T would be able to answer my oWn question. My analysis say: that in addition to bein: enrolled in school, you also would allow for that student to be enrolled in a GED course. There are a number of okher opportunities for students who might want ko drop out of high sehool and engage in some kind of vocational program for -- in some kind of special study course that might not be considered high school, and it might not be GED, but it is furthering this person's education in some other area. Does your blll account for anything else other than the GED approach? That's
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Severns.
GED and graduatton is the only thinq that is included in khe bill. I think that's a fair concern, and I would be willing to have an amendment applied in the House to address the concern.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kustra.
Well, thank your Mr. President. -- I don't know whether we can trust the -- the House to pass something like that. I khink it ls absolutely critical, because there is languaqe that I think you can use that will glve students more opportunities and allow ehem to embark in studies aside from GED. And I see whak youfre getting at, and frankly Ilm not going to stand up and oppose this billr but I -- I do hope thak we could have your assurance that you'll do everything you can to broaden the opportunities for students to enhance thetr educational opportunities.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Brookins. 32 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17# 1989
Thank you, Mr. President. stand in support of khis bill. know that in my community, once a young person gets an automobiley his mind --
PRESIDING OFFICER: (SENATOR LECHOWIPZ) Excuse me. Senator. Please proceed.
-- Onee a young person gets an automobilep he forgets all about education, all about school, and only think about riding in his automobile. We even have young folks that leave school, take a jobz with the sole purpose of getting an automobile and driving around. think this is a good billy and I stand in support of this bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) ' Senator Severns, to close.
Thank you. Mr. President and Members of the Senate. I would just urge adoption of this bill. It's written in a responsible manner, with cancellation rather than revocation or suspension. For the student who has a legitimate reason for needing to appeal this measure, there is that provision already written into the Motor Vehicle Code. I would urge its adoption and --
PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall Senate Bill l07 pass. All kn favor signify by voting Aye. All opposedz by voting No. Voting is open. Have all voted who wish? Have a11 voted who Wish? Please take the record. On this question. there are 48 Ayes, 3 Nays, l recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senate Bill 112. Senator Berman. Please read the bill, Madam Secretary.
Senate Bill 112. 33 STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31s* Legislative Day May l7# 1989 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman. END 0F TAPE TAPE 2
Thank youe Mr. President and Ladies and Gentlemen of the Senate. This is a bill that has embodked a number of other bills that were originally introduced to address the question of the Board of Higher Education 's minimum admission requirements. And what this bill does is# I think, address a number of concerns that were addressed when the State Board of Higher Education adopted their requirements of fifteen hours. This bill provides for fifteen hours, but allows a degree of flexibility, and that flexàblllty allows three units of coursework ko be redistributed among the categories of the -- in the form of electives. Those electives also would include vocational education, and those people were very eoncerned about the State Board of Higher Educakion's mandate. So we addressed vocational education here. The community colleges have signed off on this bill. because they also were very concerned as to the impact of the communiky college program. And We have still not backed down from the setting of high seandards for our high school graduates for the admlssion to the universities and colleqes of the State of Illinois. I Would be glad to respond to any guestions. There are some coneerns that have been voiced, and I think We ean address that as the bill moves along in the House. 34 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Ralph Dunn.
Thank you: Mr. President. I wanted to, Senator Berman yield?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will yield.
Senator Berman, I understood -- I don't see Representative Kaitland -- there he is. Xou know: I didnlt know whether We had some questions yet on this, or whether we had had them a11 worked out yet or not.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Dunn yields ko Senator Maitland. Senator Maitland.
Thank youe Mr. President and Members of the Senate. Senator Berman, I apologize. I Was off the Floor. knew this bill was on the Calendar, but I -- I -- I -- it *as my understanding that we Were kind of on hold on -- on this bill for the near term . You and I have not yek even discussed the plan and and I thought we were going ep do that. Xou -- I feel very strongly about this issuey and I Want to see sonething get out of here. I'm not sure I suppork What we have on this bill at this particular point in time, and I Would Would ask you to take it out of the record for the near term. And -- and, quite frankly, I thought you moved to 3rd just to -- to get it to 3/d. We'd move it back when there's another amendment. And I I'd Iêd like to see you hold it, if you Would: please.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Berman.
ïou put me on a spot. Iîm just concerned aboue getting back 35 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May l7, 1989 to kt. Let me indicate to you that, you know: thks bill is on has been on 3rd Reading. It was on 2nd. We held discussions. have no -- you know, wane to -- you and I talked abouk this earlier. We had one meetinq. May I suggest that We move it? I1m I'm itds the only bill, I believe, that's still on the Calendar that addresses this, and I thought, in the amendment, that we've tried to address, you knoky virtually everyone's concerns. I -- and I'm not trying to# you know, ram it down your throat. I'm -- I'm just coneerned about getting back to it in ample time.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Maitland. Maitland.
I appreciate thatz Senator Berman. The the point isg I thinkg Senator Del Valle's task force is -- is still meeting. I'm not sure we really have a firm position yet on this. He has spent an incredible amount of time on -- on this issue he and Representative Levin. And -- and there are other vehicles around that can perhaps address this problem, too. And I just hate to see the -- the bill go out of here. I'm not sure we al1 agree with the concept. I Want to support something. I'm not sure this is what I want to support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Sehaffer. SENATOR SCHAFFERI Mr. Presàdent, frankly, I always look forward to listening to Senator Berman's arguments, but I can barely hear him over the din on the Floor. I couldn't hear -- Senator Dunn at all.
PRESIDING OFFICER: (SENATQR LECEQWICZ) Well, Dunn yielded to Maitland.
Well, I knoe, but I couldn': hear him say it, because this 36 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 place was such a madhouse. It would seem to me Wedre having a full day of 3rd Readlngs here. We dve got...
PRESIDING OFPICER: (SENATOR LECHOWICZ) The point is well taken.
.. . a ton of people on the Eloor. Let's -- let's look a little bit more like a deliberative Body.
PRESIDING OFFICER: (SENATOR LECHOWICZ) All right. Vour point is well taken. Will all the unauthorized personnel remove themselves from the Ploor, please? Thank you. Senator Watson.
Yes, Mr. President. Thank you. Question of the sponsor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicakes he will yield.
Senator Berman, there's some confusion on this side, and 1111 have to admit even with myself. You and I discussed thls, and there was, I guess, some sort of an agreement that was reached by the Higher Ed Committee that one vehicle Would come out, and this would be And that it would contain the language that Was in Senate Bill 885, which I was the sponsor, and wbich is the vocational education approach to this particular issue. Is that a fact, Senator?
PRESIDING OFFICER: (SENATOR LECHOWICZ) :enator Berman.
The -- the question of vocational education has been addressed. I don't think there Was a commitment, and I think that Senator Welcb, Who chaired the -- or Senator del Valle, eould better respond to that. But I think what we have done is eo address the question of vocational education in the bill, but I 37 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 donft I'm not aware that there was a commitment. Let me -- 1et me ask the Chair. Could we have leave to come back to this at a specific hour?
PRESIDING OFFICER: (SENATOR LECHOWICZ) I would strongly recommend you take it out of the record for the time being, and we dll -- weêll come back.
Let's take it out. Welll touch base. Thank you.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Thank you. om.tinaudiblel... renegotiates and discuss it. Senate Bill 117. Senator del Valle. Read the bill , Madam Secretary.
Senate Bill 117. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator de1 Valle.
Thank you, Mr. President and Members of the Senate.
PRESIDING OPPICER: (SENATOR LECBOWICZ) Can't hear him . Please proceed.
Thank you, Mr. President and Members of the Senate. This bill would require that all Higher Education Appropriations Bills, except those for community colleqes, shall be itemized by campus location, chancellor's office and school of instruction . We need to increase accountabtlity at the same time that we are increasin: funding. And today's numbers show - for those that are being passed out in -- in a proposal to increase taxes indicate that there would be a significant increase for public higber education . So I think at the time that wedre looking to increase funding - 38 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17w 1989 and I agree we need to increase funding - we also need to know more about how those dollars are being spent: and think that it's important that the appropriations process include additional information that will allow us to better evaluate what is happenin: in public higher education in the Skate of Illinois. . .
PRESIDING OFPICER: (SENATOR LECHOWICZ) Any discussion? .
...Public higher education is increasinq in demand, and I think that it is important that we have this additional information'made available to us. PRESIDING OFFICER) (SSNATOR LECHOWICZ) Any discussion? Senator Maitland. SENATOR MAITLAND) Thank you very much, Mr. President and Members of the Senate. First of all, I kould ask the control operators there to monitorz perhaps a bit more carefully, the the -- the sound on the speakers. Some people we can hear. Some We cannot. We could hardly hear Senator de1 Valle, and thatls not fair to him. And I - - I think that's -- that ought to be taken care of. Senator, to *he -- ko the legislation. once again commend you for all the efforts that you've been -- put forth on the task force. Theyfve done an excellent job of addressing some very serious concerns that we have With higher education. I do rise With -- Mr. President.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Yes, sir. Senator Maitland.
Wellp 1...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Would you give the Gentleman your attentionw please?
39 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkze Day May l7, 1989 We1l, I concur With Senator Schaffer. If weire qoing to do ... business on the Floor, We'd like to be able to hear what we're talking about.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed.
I am concerned, Senator: with -- with what this legislation purports to do. Pkrst of a11# this...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Exeuse me, Senator. Senator Berman, could you bring your group together off the Ploor temporarily? Please proceed.
Thank you, Mr. President and Members. I am concerned about what this bill purports to do. First of all, this information is a1l available to us from the universities. I mean we -- we can get this information very readily and very quickly. What I think your legislation purports to do is to put all of that in the appropriakion bille and -- and it -- I'm not sure it's going to accomplish what you want it eo do. It makes the analysis cerkainly much more confusin: to the Members. A11 the information is available to them whenever they kant it. But I think it will make an incredibly difficult bill With each one of the institutions, for us to understand and for Members to understand. I don't think itês going to accomplish what you want it to. And quite Erankly, to be very honest witb you, I think it might have a reverse effect on -- on what you dre tryin: to do, senator. And I - - I would certainly ask the Body to take this under consideration and perhaps reject the measure at this time.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Weaver.
Well, thank you -- thank you, Mr. President. 1 speak kn 40 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7e 1989 opposition to this bill. I don't think it's Workable with universities that have multi-campuses. Tbe determination of how and the change in circumstances on enrollmene at various campuses; it's just impossible for us to know June 30th how to allocate those funds throuqhout the system. There may be a time Where you want to split these off knto separate boards - separate governance, but one central administration, at, say the U of 1, operates several campuses. They operate campuses in Rockford, Peoria. Ik's just an unworkable progran, and particularly when you get down to conference committees, khe last day eo deal with al1 khose line items, and not break the law throughout the next year and still handle the misston of a11 of khose various campuses ks just unworkable. So I would hope that we give this more thought. If there's any information that any Member needs abouk expenditures at any campus statewide, I'm sure that that information's available: if you ask for So I'd stand in opposition to this.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Demuzio:
Well, thank you, Mr. President. I -- I have a question, if I might' of the sponsor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he wl11 yield.
Eenakor de1 Valle, does this or does this not include line iteming for the Universlty of Illinois and also for Southern Illinois Dniversity?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Demuzio.grsenator de1 Valle. De1 Valle.
This does include the U of I and SIU. 41 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIFT 31st Legislative Day May 17, 1989
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Denuzio. SENATOR DEMUZIOt Well, I hesitate to rise in opposition to your bill. but I mean, if, you would be -- if you would kindly take this Southern Illinois University out of there, perhaps I could support this bill. It just seems to me that in our neck of the woods we really don't need line item -- line iteming, Mr. President. So if perhaps with SIU out of there, perhaps we could -- and I guess Senator Weaver wants the University of Illinois out, and somebody wi11 want somebody else out. It just seems to me to be a terrible precedent.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Brooktns.
Thank you, Mr. President. rise in support of this billz and let me give you some reasons why. Number one, I have requested to see Where the money Was being spent: how it Was bein: spent, and with whom it was being spent. You say it's easy to get this information? It ks not easy to get this information. I think that if it Was designated for them to do thise we would have it readily at our fingertips. We could look down and see Where it's going, if it's being utilized correctlye if it's going to Where we intended it to go to when we passed the appropriations for it to go khere in the beginning. I think this is a right time for this eo be done. We're -- webre thinkinq abouE passlng an lncrêase in the income tax to support them schools. Now would be the appropriate time to do that. And I would imagine that the same people that are opposed to this bill will also, when ve look up at that board when the income tax come, uill be opposed to it also , de1 Valle. I stand in support of this bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 42 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 1989 Senator Ralph Dunn.
Thank -- thank you, Mr. President. too, oppose this bkll. I think it would be a horrendous cost. It'd be a lot of hard Work, and we'd not be able to understand if we had line ikens for -- such as University of lllinois or Southern Illinois University with their multicampuses. We have a campus here in Springfield. We have Edwardsville and Carbondale. And I just think it's an unworkable idea. And, Senator Brookins, if you want to know anything about Southern Illinois University, why I#d suggesk khat you talk ko the Chancellor or the Chancellor's Office, and I'm sure they'll find it for you. So I - I urge you oppose this bill.
PRESIDING OPFICER: (SENATOR LCCHOWICZ) Senator Newhouse.
Thank you, Mr. President. Mr. President, I want to speak very briefly to this issue. Looking at the expenditures of capital from the standpoint of higher education institutions is not an easy job. And I would support Senator del Valle's proposition that this information isn't readily available. Now you must understand that we're talking about limited staff resources and looking into some fairly conplicated problems. And this is only one of many. So that if we're talking about an education system that truly reflects the good of the State, which means the education of all youngsters Who are entitled to tt, we need to know what the distribution of the monies are. For example, ln Ehe City of Chicago, the census request can take an -- enormous amounk of time to -- for response. I've asked, for example, for a mission statement from some of our hiqher educaeion inskieutions. It just boggles the mind to try to figure out Why it takes so long to get some clear understanding of precisely what that institution sees its mission as, and What it how it relates to the 43 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May l7e 1989 communities that it serves. This is simple information. Somehow, if that dollar information Were available to us, we Would know What could be allocated to specifically what job. We'd know who had what kind of responsibility. We'd know Who to go to y for example, to ask for information. NoW I don't know what kind of staff arrangements other legislators have, but you know what our resources are for supportive staff. And isn't very good. So we need the cooperation of a11 institutions in tryinq to look at where the fundinq is they're doing. We want to cast informed vokes for them. We want to help support them . Then we certainly need to know what it is that they are doing, and thak's all that seems to me is being asked here. support this bill. PRESIDING OFFICER; (SENATOR LECHOWICZ) Senator Davkdson.
Well, Ladies and Gentlemen, there is no need of cluttering up the appropriations system, because what Senator del Valle or any other Member Who would Want this kind of information, al1 they got to do is ask the Board of Higher Educatione Who last year sent through the RAMP process - and don 't ask me what R-A-M-P stands for - because I don't know. But khat information that you're seeking by this individual line to clutter up the appropriation process is avallable to you. A11 you got to do is ask the Board of Higher Education for it, and they can do it through the NAMP process without cluttering up the appropriation. And I urge an -- a No vote on this bill.
PRSSIDING OFFICER: (SENATOR LECHOWICZ) Senator de1 Valle: to close.
Thank you, Mr. President. I think probably the U of I is a is a good example exactly why we need this bill. We have no way of -- of really telling, or we have no way of appropriating 44 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7: 1989 dollars to the Chicago campus verEus Ulbana. 1 think that we shouldn't be afraid of information - informatîon that is valuable in the decision-making process. We break ouk other institutions by line. We break out DMH. We break out by institution. We break out these agency budgets. I don't understand why we canlt do the same thing in higher ed. Higher ed is growing. It is important that it continue to grow. And as we appropriate more and more dollars, we need to increase accountability of our public institutions, and this information moves us in that direction. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Senate Bill ll7 pass. Al1 in favor signify by voting Aye. All opposedy vote Nay. The votin: is open. Have all voted who Wish? Have a11 voted who wish? Have all voted who Wish? Clerk, take the record. On this question' there are 21 Ayes, 32 Nays, reeorded as Present. This bill, having failed to receive the constitutional majority, is hereby declared lost. Senate Bill 118. Senator Joyce. 119. Senaeor Joyce. Senate Bill l26 is on a recall. Senate Bill 127. Senator Smith. Please read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. NAKRY) Senate Bill 127. (Secreeary reads title of the bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Smith.
Thank youz Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 127, after its amendment: delete the original bill, and merely provides f0r the repeal of the Kknority and Female Business Enterprise which Would have Sunset Act 9/6/89. And it noW runs to 9/6/94. And I merely ask for your support on 45 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17# 1989 this. This is on the Minority and Female Business Enterprise Act.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senakor Davidson. SENATOR DAVIDSONk Mr. Preskdent and Members of the Senate: I rise in support of this bill. Beinq the originator of this bill when we passed it five years ago, With myself and Senator Rock as sponsors of it. With the five-minute five-year sunset on this bill so we can get any further feel on it, I urge everybody to voke Aye.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Demuzio. Okay. The question às, shall Senate Bill 127 pass. Al1 in favor, vote Aye. A1l opposed: vote Nay. The voting is open. Have a1l voted who Wish? Eave a1l voted Who wish? Clerk, take the record. On this question, there are 55 Ayes, no Nays: none recorded as Present. This bill, having received the constitutional majoriey, is hereby declared passed. Senake Bill 129. Senator Collins. Senate Bill 131. Senator Geo-Karis. Read -- for wha: purpose does the Lady seek recognition? Geo-Karis. SENATOR GEO-KARIS Mr. President, I Would like to put that on recallz if I may.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Pine. 133. Senator Luft. Read the bill: Mr. Secretary.
ACTING SECRETARY: (MR. NAQRY) Senate Bill 133. (secretary reads title of bil1.)
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.
ACTING SECRETARY: (MR. HARRY) 3rd Reading of the bill.
Thank you, Mr. President. Senate Bill l33 is permissive in 46 STATE OF ILLINOIS 86th GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 nature - one part of it. It permits the State Treasurer to accept instruments of the World Bank and Development as collateral for Seate deposits, and also permits the State Qreasurer, with the Governor's approval which is now incorporated in the Treasurer's Ace, to invest in loan participations which are fully guaranteed by agencies of the Federal Government, which is, in this case, *he Commodities Credit Corporation.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Senate Bill l38 pass? A1l in favors signify by voting Aye. A11 opposed, by voting No. Itls 133. Voting is open. Have a11 voted Who Wish? Have voted Who wish? Please take the record. On this question, there are 56 Ayes: no Nays, recorded as Present. This bill, havinq received a constitutàonal majority, is hereby declared passed. Senate Bill 134. Senator D'Arco. Read the bill. It's a recall? Okay. Senator D 'Arco? For what purpose do you seek recognition? SENATOR D 'ARCOI Yeah. The Floor amendment is going to be withdrawn. So we can proceed With 134. PRESIDING OFFICER; (SENATOR LECHOWICZ) Welle itls going to go on the Recall List, John. Senator Marovitz?
There's nothing to recall.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Ohr okay.
As a aecommodation to my good friend and my great leader, John D'Arco: I happily withdrak *he amendment, so the bill doesn't have to be on the Recall List. Is that a11 right?
PRESIDING OFFICER: (SENATOR LECHOWICZ) All right. Fine. 47 GTATE OP ILLINOIG 86th GENEKAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7# 1989 SENATOR MAROVITZI It's my amendment.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Mr. Secretary, read the bill. 134. ACTING SECRETARY) (MR. EARRY) lsecretary reads title of the b1ll.) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator D'Arco.
Thank you, Mr. President. This bill is known as the Grandparentsf Bill of Rights. And what this bill does, it gives the grandparents of a child the right to visitation privàleges in a situation where the childls present environment may be in danger seriously, and that includes his physicale mental and emotional health. This bill really: the genesis of it -- of it comes from grandparents who feel very much beleaguered and -- and -- and very much saddened by situations where they are unable to have visitation privileges with their grandchildren. Thks bill would correct that deficiency in the law, and allow these grandparents Eo see their grandchildren under very very determined circumseances by the judge. It's a good bill. It's a fair bill. It's an equitable bill. And it protects the rights of al1 the partîes concerned.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hawkinson.
Tbank you, Mr. President. rise in opposition to this bill. think it would have been improved had Senator Marovitz's amendment gone on, but that wouldn't have satisfked al1 my objections. I passed a bill here last year, unanimously, dealing with khe same subjeck. And the reason I introduced the blll last 48 STATE QP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 31st Legislatkve Day May l7, 1989 year is the very solid premise that nobody ts against grandparent visitation, but you have to realize that we're ealking about situations where youdre talking about court petitions to interfere ïn - with the deciskons that parents are making With regard to their children. And I passed a bill whlch said that there ought ko be at least the minimal threshold before you get the courts involved in a hostile family situation where, at the very least, the qrandparents ouqht to have to allege that they were being Genied vksktation . see nothing in thks bill that Would require khat threshold. Now there are affidavits required under one of the sections, if there's a reason to believe that the present environment may endanger the child, but there's no threshold requirement such as thae that we passed last year that, at the very leastz before you have the courts knterfering in parental deeision-making: there ought to be a threshold that there's been some denial of reasonable visitation, because the very filing of one of these petitions interferes in family life. Correct me if I'm wrong, Senator, but I believe ehere's a provision in the amended bill which Eays not only can thete be interference wkth parental decision, but the parents can be made to pick up ehe attorney fees for the grandparents in the case, if the court so orders. Now what Senator Marovitz's amendment would have addressed is also a serious problem With this. you can have a situation where there's been no death, no divorce, no family disruption Whatsoever, and yet, under paragraph D, khere can be a petition filedz *he grandparents believe that *he way the parents are are raising the child would interfqre with his moral - moral - M-O-R-A-L health. So all that means is that there has ko be a disagreement between grandparents and parents over morals of some kind or -- or perhaps religion or some definition of -- of -- of what is moral. It seems ko me this is *ay too broad. We're all in favor of grandparents' vîsktation, but this 49 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 opens tHe door to tremendous interference wiehin families. You've got to realize onee youlre in court it's almost an irretrievably hostile situation within that familyz and We ought to have some threshold requirements and burden of proof before these kinds of petition can be filed. I think the -- the bill could be amended to do that - to take care of some of these - but -- but this would overturn the action that We took last year regarding *he threshold of at least alleging that there's been a denial before you inDolve the courts. And until those thinqs are worked out, I would urge a No vote.
PRESIDING OPFICZR: (SENATOR LECPONICZ) Senator Dunn.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he Will yield.
Is khere an agreement that the Word ''moral'' will be removed over in the House from the list of things that would endanqer a child?
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator D 'Arco. D 'Arco. Come on. D 'Arco. No . Would you turn on D 'Arco, please? SENATOR D'ARCO: l Hello.
PRESIDING OPFICER: (SENATOR D'ARCO) There you go.
Okay. Let me -- let me straighten somethin: out: Senator Hawkinsone right now. The moral ue agree to the Rotal amendment, and that's going on in the House. So there's no - so your objection aboue khe moral issue will be taken care of in the 50 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31sk Legislative Day May l7, 1989 Eouse. So that is not -- not an issue. As far as a threshold is concerned, you have to understand, the reason *e put language in the bill was to make this a very restrictive situation in which a grandparent could have a riqht eo visitation privileges. When we put in the bill that it -- a petition had to be filed based on affidavits that there is reason to believe that the child's physical, meneal and emotional health is in dangere that is to protect the court, the child, the parents and the grandparents. And the judge, at his discretion: will determine if there îs a endangerment situation to that childz and allows those grandparents the proper visitation privileges that they have been denied by the parents. That's what this bill is all about. The grandparents are not allowed to see their own grandchildren. And that's the wrong that this bill is attempting to correct. And there's a 1ot of grandparents out there...
PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Hawkinson.
... that feel this wayr Ladies and Gentlemen, and they need your suppore to pass this legislation.
PRESIDING OFFICER: (SENATOR LZCHOWICZ) Senator Hawkinson.
Thank you, Mr. President. I apoloqize for risin: a second time, but I -- I would have a question then for the sponsorz if he wouid yield.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he Wi11.
Senator, am I to understand that -- thate as the bill has been amended, that those affidavits of endangerment have eo be filed wtth every petition for visitation, in a1l situations? 51 STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May 17, 1989
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator D'Arco.
No, not in -- not in every situation. No.
Senator Hawkinson. SENATOR HAWEINSON; In -- in what circumstanees do there not need to be affidavits before - and in those situations, what is the threshold before a petition can be filed?
Senator D'Arco.
The situation in which they have to be filed is when a grandparent is asking the court for visitation privileges. NoW khe -- the threshold that is -- that is at issue is Whether there is endanqerment to the phystcal or -- there is endanger ko the physical, mental or emotional health of the child. PRESIDENT ROCK) Senator Hawkinson.
-- I think from your explanation that your answer then would be yes. That in al1 situations where there 's a petition for visitation, affidavits are required, and if khat's not so, in what situations are the affidavits not required?
Senator D'Arco.
No# wait a mknute. If -- kf an affidavit has to be fkled, kf it's a request by a grandparent, so that doesn't include every situation in which visitation privileqes are requested of the court. 52 STATE QF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Senator Hawkinson.
But in every case where a grandparent is filinq a petition, Whether it be a dissolution or there's an adoption - in all those cases where a grandparent is filing, there must be this kind of threshold affidavit? I was under the impression that the only place khe affidavits were required under your bill, was the absence of a dissolution proceeding or the like.
Senator D 'Arco.
No. That's -- that's Where wefre -- Wedre confused. That what you said is correct. Only in a situation where no dissolution of marriage is pending, is the affidavit required to be filed. But it is required to be filed by grandparents only.
Senator Hawkinson.
I I understand that part of it. The bill -- I -- the sikuation that my bill addreGsed last year Was Where the parents were deceased and relatives were making the adoption. In that situation, the 1aw required no threshold whatsoever. Grandparents were qettin: visitation. yet court proceedings were introduced, and because there Was no threshold, there was tremendous pain. There was no standard for the court to go by. I think you've clarified my -- my questkon by indkcatknq that kn those kknds of sikuation, there will be no -- no affidavik required.
Further discussion? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, I rise 53 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May l7, 1989 in support of the bill. This bill makes it discretàonary on the courts, so no matter what it isy if there are attorney's fees - don't forget if a grandparent files a capricious lawsuit: they're going to be stuck with the fees. I think it's a good bill. It's a bill in the right direction, because we must remember that grandparents are the ones who produce the parents, and sometimes parents are so arrogant and so vicious with their own parents, for no reason, that they really hurt the chkld more. I think kt's very healthy if grandparents do take an interest in a child - the grandchild. As a matter of lnheritance? it will help the child. As a matker of having the love and attention of a grandparent. I've had a case where the parents use to sit and smoke cocaine. What kknd of a healthy attitude ks khat for the child? And the grandparents were concerned; they couldnft do a darn thing about it. I speak in favor of the bill, and I urge your support.
Purther discussion? Is there any further discussion? Senator D'Arco, you wish to close?
Thank you, Mr. President. The -- the kssue kf a parent is deceased is taken care of in this bill, because the grandparent can ask the court for visitation privileges under that section of the law. As Senator Hawkinson indicated, that is not a problem with him. The threshold question really isn't a problem. That's the issue at hand. That's the real issue that Webre talking about here today. These grandparents need the protection of the law , so they can have the right, under our lawr to vislt their grandchildren. That's what this bill is all about. Itls to protecE their interest in the laW regarding their own grandchildrenr and I ask you for a favorable vote.
The question is, shall Senate Bill 134 pass. Those in favor 54 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 will vote Aye. Opposed: vote Nay. The voting is open. Have all voted who Wish? Have all voted Who Wish? Have all voted who Wksh? Take the record. On that question, there are 44 Kyes, 12 Nays, l voting Present. Senate Bill 134, having received the required constitutional majority, is declared passed. 136. Senator Dunn. 141. Senator Welch. Top of Page 142. Senator O'Daniel. on the Order of Senaee Bills 3rd Readingg top of Page l3, is Senate Bill 142. Read the bill.
ACTING SECRETARY: (MR. HAPRy) Senate Bill 142. (Secretary reads title of bill) 3rd Reading of the bkll.
Senator O'Daniel.
Thank you, Mr. President and Members of the Senate. Senate Bill l42 amends the Pence Act. It enforces the full cosk of a division fence to the -- to the person desiring it, when the adjoining owner does not use his or her land for the purpose of requiring an enclosure. We often address the fenctng 1aw since -- since the late twenties, and -- and farming and agriculture has changed so much. I think We need to take a look at this, and don't feel that it's fair for a person that doesn't have livestock or doesn't need his -- his property enclosed to have to pick up part of the cost of a person that -- that runs livestock or.ootinaudiblel...of Ehis naeure. If Ehere's any ques*ions, 1111 attempt to answer them. PRESIDING OFFICERI (SENATOR DIARCO) Senakor Donahue.
Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR D'ARCO) 55 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31Bt Legislative Day May 17: 1989 He indicates he will yield.
Senator, uhat happens in a situation where someone gets out of the business who is in in livestock operation, and then decides to get out of the business? Can he then qo back to his adjoining landowner, and say, 'l7ou owe me for half the fence, because I'm not in the business anymore''?
PRESIDING OFFICER: (SENATOR D'ARCO) Senator O'Daniel.
Oh, I1m sure -- I1m sure that -- that couldn't happen. Why -- why would that -- al1 this does it deals wikh boundary fences. If -- if a neighbor doesn't run livestock, and a neighbor -- his neighbor has livestock, and he wants to build a boundary fence - the one that's a grain farmer; or the person that doesn't have livestock - it just says that he isnêt required to pay for half the cost -- cost of that fence.
PRESIDING OFFICZR: (SENATOR D'ARCO) Senator Rigney. 0h: I'm sorry. Senator Donahue.
I think we, on our side of the aisle: we have some question about the situation where if a farmer - two adjoining landowners were in the livestock business, they pay for a fence and then one -- the adjoininq livestock owner get out of the business and is strictly a grain farmer, then he can go back to his neighboring landowner and say, ''You owe me ror half that fence, because I1m no longer in the business.'' We have some concern about thisr and I know that, for Senator O 'Daniel, thls addresses a -- a -- a specific problem in his area. But this 1aW has been on the books for many, many years, and you're correct, that we haven't adjusted But we feel -- the Farm Bureau opposes it, the Illinois Beef Council is in opposition to this bill. And I feel that, at this 56 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 time, this is something we don't Want to fix.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator O 'Daniel, to close. Wait a minute. No. Senator Rigney. I'm sorry. Senator Rigney.
Well, Mr. PreGident and Ladies and Gentlemen of ehe Senate, I hope we're a1l paying attention on this one. Because this is a major piece of legislation that will affect the agricultural community. What Senator OfDaniel is attempting ko do is to violently change - drastically change - fencing laws wikhin this State. Traditionally: those who have crops to protect or livestock to protect are expected to bear their equal burden for fencing. Now: Senator OlDaniel, in effectz is sayinqz ''We11, the crop farmer really doesn't have any type of an obliqation to protect his crops from a neighbor that might be raising livestock.'' Agriculture's a very fluid situation. I meany people are into and out of livestock farming from year to year, kind of dependinq upon economic terms, and I can see a1l kinds of trouble when someone who has gone to the expense of building a fence suddenly finds that the neighbor now wants to get back into the livestock business. And presumably, I think he has to go over khen and collect from the neighbor, because now the neiqhbor is in the livestock business. Or at least that Was the way the issue was -- was presented, as I understood it. Believe me, this ls nok the sort of legislation that should be casually adopted in this Staee. We've got a loE to proteet here. Livestock farming is qoin: to be very adversely affected by this legislation, and I strongly seek a No vote on -- on this btll.
PRESIDING OFFICER: (SENATOR D'ARCQ) Senator Hall.
Thank you, Mr. President and Ladies and Gentlemen of the 57 STATE OF ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 Senate. For a point of information, will the sponsor yield?
PRESIDING OFFICER: (SENATOR DIARCO) He indicates he will yield.
Senator, I -- I -- I'm looking here, and it says three people decide to put up a fence. And I1m -- theydre surrounding me, and I don't need a fence. Now, do you mean to say, I have to pay, when I don't need a fence? Is that -- is that What goes on right now?
PRESIDING OFFICER: (SENATOR D'ARCO) Senator O 'Daniel. SENATOR O 'Daniel: The Way the fence law is now that - and wedre just talking about boundary fences - if your neighbor has livestock, or wants a fence put up# you have to share half of *he cost. And -- and what this bill does - this is a fair piece of legislation - if a person doesn't raise livestock, or if he -- he doesn't have any reason to have his - his land fenced, he shouldn't have to pick up half of the cost of the of the neighbor's fence. This is a good neighbor bill. You know, of course, my colleagues suspect that -- that Senator Rigney would be a person that Would probably want someone ko pick up his cost. But if youlre going to be fair, this bill is a good piece of legislation. This should have been addressed years ago. Agriculture has chanqed. Most livestock, other than a few cow-calf herds are -- are held in confinement. have a cow-calf herd down in southern Illinois. The neiqhbor's land - al1 it's good for is to hold the world together. You think I should ask those people to -- to share the cost of me building a boundary fence? This is a goode fair piece of legislation. I've talked to people in Senator Rigney's district, and I've asked then. I Said: 'lYou mean to tell me that if you didn't have your neighbor didn't have livestock, you think you should have to 58 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7r 1989 pick up half the cost of the fence?'' And they said, #'We1l, no. Not reallyy'd khat ''the Cattlemen's Association Wants this.'' And talked with the Farm Bureau. The thing that the Farm Bureau told me was that the board had met early. They said they Was going to take a - a position against it. Then they came back and said, they were going to stay neutral. Thatds a1l they ever told me. I've been a member of Farm Bureau for forky years, but it doesn 't mean Ifm a rubber stamp for them, and it doesn't mean theydre always riqht. And -- and this is a good piece of legislatione and and it's really fair, and it should have been addressed years and years ago.
PRESIDING OPPICER: (SENATOR D'ARCO) Senator Hall.
Well: certainly support this legislation of Senator O'Daniel. Why in the World should I be forced to put up a fence, when I have no need for it? I hope that everybody puts a green light up there on this bill.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Schuneman.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OPFICER: (SENATOR D'ARCO) He indieates he will yield.
Senator, I -- think I understand what youdre krykng ko do here, and certaknly there's not the need for fenee laws in Illinois like there were manyr many years ago. But I think Harlan Rigney brought up a point, and I'm not sure that he Was right on that issue, but I -- I want to ask you. If if youdre a livestock farmer, and you want to fence the boundary beeween your farm and mine, and right now I'm a grain farmer, and I don't care 59 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislaeive Day May 17, 1989 whether there's a fence there. I meanr I don 't want to pay for your fence. So then, under this bill, the only alternative would be for you to qo ahead the pay for the fenee, as I understand it, and I wouldn't have eo pay anything. But say next year, my tenant decides that he and I are going to go into the livestock business, and because therels that new fence out therer that you built and paid for, it seems to me that if that's the way it works then khere's no -- no Way that you can colleck from me when I want ko use your fence. You know, that doesn't seem to be quite fair, either. HoW -- hoW do you see that workinq?
PRESIDING OFFICER: (SENATOR D'ARCO) Senator O'Daniel. SENATOR O'DANIEL: Well, this issue is addressed in the legislation. If you decide to go back into livestock, then you have to pick up part of the cost of the fence - half the cost. If itîs ten years from now, you know, fencing is a capital investment, and it's depreciated, so you'll have to piek up a part of that cost if you deeide to get back into -- to the livestock. And there's not only livestock, you know, if you bought some propertyp if I sold some property to a person out of the city to -- to build a -- a home on and a few acres, he shouldn't be required to have to fence my livestock. That -- that -- that should be my responsibility. And -- and there's nothing wrong with this legislation. I had an elderly couple call me that had some -- had some land that they eash rented to a farmer. Just :ot a little bit of income off of it, and they tried to live off that. Their adjoining ngighbor bought a farm; and noW theyfre asking them to build half of a half a mile of fence whieh is very expensive. And they don't have money enough to do that.
PRESIDING OFFICER: (SENATOR D'ARCO) Senaeor Schuneman. 60 SQATE OF ILLINOIS 86th GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 31st Leqkslative Day May l7, 1989
Well, simply to say this to those Members of the Senate - probably the majority of the Members of the Senate - who really are not familiar kkth this issue, that what wedre doing here is -- is changin: ancient law in Illinois. And, you know: maybe ultimately that would be the right thinq to do. The only problem that I see with it is that under current law, there are there are ways whereby disputes - fence disputes - are supposed to be resolved, but I know many times the people that are charged with the responsibility of resolving those disputes won't even meet. I suspect thaty under the scenario that I outlinede it might be pretty darn hard for the neighbor to collect from me for *he fence that he put up, and so this is a major chanqe we're talking about.
PRESIDING OEFICER: (SENATOR D'ARCO) Senator Jerome Joyce.
Thank you, Mr. President. I think this is a good piece of legislation for a couple of reasons. You know, Senator Rigney, you sound like it's earthshaking things welre doing here. You know, ninety-five percent of the fences that are going to be put up are electric fences anyway. Itls one liktle strand of Wire and a fe* posts. We're not talkin: any bi: bucks here at all. The one thing that -- that could happen to your thoughv is if your neighbor decides to put some kind of a cyclone fence or something, it could cost you a heck of a lot of money. And this is trying to prevenE Ehat sor: of khing, and I ehink Bill O'Daniel's right on the money when he said this is a good neighbor's act. It keeps a lot of feuding from happening between neighbors, and -- and if -- if a person just puts up a -- an electric fence around there: it's not that money to begin With, and he can afford to do it. Now, if the guy wants to be a bad guy, he can -- he can really stick you with a -- with a very expensive fence that -- that he probably 61 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislakive Day May l7, 1989 doesn't need, and you don't either, unless he's gokng to raise giraffes or something. And I don't think that's -- that's part of our problem. I'd urge everybody to vote for this bill.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Rigney, for the second time.
Well, again my apologies for the second time. Senator Joyceg the 1aw describes what's a legal fence - division fence. We lre not talking about one strand of wire. That's not a legal fence division fence - and furthermore, there's nothing in the 1aw that could require like a cyclone fence. You know, let's pay attention to what the -- the description is of a legal fence. I think it's basically what - forty-seven inches high or approximately that height. It has to be able to turn livestock. That's really what we're talking about. It's -- it's described in the law. Ifm sorry, I don't have it in front of me# but again I repeaty this is a major change, as far as responsibility in fencing law.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator O 'Daniel, to close.
Thank you, Mr. President and Members of the Senate. You know, there's -- there's a famous saying that Carl Sandburg said, ''Good fences make good neighborso'' And I mkght respond a little bit to Senator Schuneman. You know, wedre not living in the past. Back when I was a kid, We all had fences, and we had a milk cow, and -- and a few hoqs, and that's the way we made our living. But agriculture has changed, and we have to change with it. This is a goodr fair piece of legislation. should be passed . appreciate your support.
PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. The question is, shall Senate Bill l42 pass. Those in favor will vote Aye. Those opposed: vote Nay. The 62 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 votin: is open. Have a1l voted who wished? Have al1 voted Who wished? Have a1l voted who wished? Have a11 voted who wlshed? Take the record. On that question, there are 31 voting Yes, 24 voting Nay, and l voting Present: and Senate Bill 142, having received the required constitutional majority, is hereby declared passed. Senator Donahue, for what purpose do you arise?
I'm sorry, Mr. President, but would like to reguest a verification.
PRESIDING OFFICER: (SENATOR D'ARCO) A11 right. Everyone in their seats. Senator Donabue has requested a verification on the affirmative vote. Will the Clerk please call the roll?
Alexander, Berman: Brookins, Carroll: Collins, Daley: D'Arco.
PRESIDING OPFICER: (SENATQR DIARCO) Hi.
del Valler Demuzio, Thomas Dunn, Geo-Karise Halle Holmberg, Jacobs, Jonesz J. E. Joyce, J. J. Joyce: Kelly, Lechowicz, Luftg Marovitz, Netsch, Newhouse, OlDaniel, Rea, Severns, Smith, Topinka. Welch, Zito and Mr. President.
PRESIDING OPFICER: (SENATOR D'ARCO) All right. Senator O 'Daniels do you wish to question -- I'm sorry, Senator Donahue, do you wish the question the presence of any Senator?
Minus the Or O 'Darco. Berman. Senator Berman .
PRESIDING OPFICER: (SENATOR D'ARCO) Senator Berman. Senator Berman. Senator Berman is here.
Senator Luft. 63 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislatkve Day May l7: 1989
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Luft is here.
Oh, I can't see you, Dick. Senator Welch.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Welch --
- - You 're right therex too. PRESIDING OFFICER; (SENATOR D'ARCO) - - is here.
Anybody else you see: guys? Senakor Carroll.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Carroll. Senator Carroll is here.
Thank youp Mr. President.
PRESIDING OPFICER: (SENATOR DIARCO) The roll call has been verified. There are 31 voting Yes. What was the Nay? What was the Nay? 24 voting Nay, l voting Present, and -- and Senate Bk11 142 is declared passed. Senate Bill 148. Senator Kelly. Read the bill, Madam Secretary.
Senate Bk11 1-4-8. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Kelly .
Thank you, Mr. President and Members of the Senate. Senate Bill 148 ùs very similar to Senate Bk11 1-0-7, whkch Was just considered and approved. It provides for cancellation of driving privileges for students who drop out of school. It's a law which 64 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17# 1989 went into effect in West Virginia. I did pass ou* some information onto your deskg and -- and on national TV, this issue was also reviewed -- that the program is working very effectively. I don't have to tell you that we have drop outs of over fifty percent in -- in many of our schools throughout Illinois, and we know that this translates into problems in society in many other respects. There is provisions in this bill for a hardship, if a student has a -- a problem. And in response to Senator Kustra's question about vocational education, there is a provision in here not only for hiqh schools, but for an equivalency which would cover vocational schools. I Would ask for your support for this bill, and 1111 be glad to answer any questkons you might have .
PRESIDING OPFICER: (SENATOR D'ARCO) Any discussion? Senator Collins. Put on -- put on my light. Senator Collins.
Yesv A question of ehe sponsor, please. PRESIDING OFFICER: (SENATOR DIARCOI He indicates he will yield.
Senakore does this hardship license you're talking about take care of that student who's dropped out of school for whatever reason, recognizin: that the compulsory attendant age in the State is only sixteen? And if they come out of school, according to the 1aw - get a job, go to work, need a car to drive to and from work: because they -- most of them don'k have *he skllls, and ehey they -- they are usuaily have to have laboring jobs, often in suburbs. For exaRple, if you're talking about Chicago, having to go outside of the transportation mass transit area, and would need a car to ge* to and from work. Would -- would your exceptîon in the law allow this person, who has dropped out of school, to -- eo drive to and from work? 65 STATE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 PRESIDING OFFICER: (SENATOR D'ARCO) Senator Kelly. SENATOR KELLX: Yeah . They would consider it. This is under the Secretary of Statep who would have the review privileges on -- on these ' licenses, so they would be the authority thakfll oversee that a rea . PRESIDING OFPICER: (SENATOR D'ARCO) Senator Carroll: for What purpose do you arise? SENATOR COLLINS: . .. not finished. PRESIDING OFPICER: (SENATOR D'ARCO) ïou'll -- youdll get a cbanee to finish. Senator Carroll, for what purpose do you arise? Senator Carroll. SENATOR CARROLL: Why, thank you, Mr. President. Pirst, I apologize to Senator Collins, but on a point of personal privilegee if I may. While these are not quïte o1d enough to be impacted by Senator Kelly 's bill, I have some students from th1 Solomon Schechter School up here in the qallery. I would like them to stand and be recognized by the Senaee.
PRESIDING OFFICER: (SENATOR D'ARCO) Wkll our guests please stand and be recognized by the Senate. Senator Collins. SENATOR COLLINS: Thank you. And thank you: SenaEor Carroll. SenaEor, I Ehink it's too important to leave this up to the discretion of the Secretary of State's office. I -- I Would hope that it would be to find some kind of criteria, established in the lawz that would allow for - that Would insure, rather, that person a rlght to drive to and from work and -- and while I don't support the -- the basic concept, I -- I -- I just think that we are, you know, 66 STATE OF ILLINOIS 86th GENEKAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May 17# 1989 really qekting away from what really ma*ters about education, when we ofeen come up into this Whole concept of tryin: to induce and pay people to -- to stay in school. you know' Welve got to come -- got to begin to produce the kind of atmosphere in the school system that Would encourage and motivate students to seay in sehool' because they recognize the value of education in khis society. And I thlnk that's -- thatls Where welve -- we've just kind of come short of the mark, and why wedre having the problem that we're having nowg because most students don't really see the value of education to them, and -- and now wedre talking about taking away their drivin: privileges and all these other frivolous kinds of things that we do. Doesn't have any real impact at all, but -- but -- but it most certainly will have some impact on that student who is operating under the 1aw that says after sixteen, you don't bave to go to school anymore. You didn't raise that requirement, and therefore this bill poses a contradlction wàth existing law. On the one hand, you say that you don't have to go to school over sixteen, but then if you don't, Wedre going to punish you legallye under the law. That makes no sense at ally and I khink ik's unfair.
PRESIDING OFFICER: (SENATOR D'ARCO) A1l right. Senator Kustra.
Thank you, Kr. Preskdentz Members of the Senate. I donlt really know how many bills we need to pass over to *he House to catch up with what is apparently now a nationwide fad to deny driver's làcenses to students who drop out of school. It seems a little silly to me that we're standing here on a day when we eve qok all kinds of business to do: debating within one hour something that we've just passed on. Senator Severns had the same bill. The only difference is that Senator Kelly has some kind of a proviskon for extenuating circumstances. Xou guys sit next to 67 :TATE 0P ILLINOIS 86th GENERAL ASSEMBLï REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7. 1989 each other. You really ought to talk - figure out a way to Work your extra language, Senaeor xelly, into Senator Severns' bill when it gets over to the House, and Table yours. Look at the list we've got; and here We are engaged in a second debate on the same subject. 1'11 guarantee you one thing: Senator Kelly. If you uere on thks side of the aisle, your bill would be deady whether it Was Tabled or otherwise, because it Would be pointed out to us immedlately that this Was duplicaeive. I would suggest you Table the bill.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Maitland.
Thank you very much, Mr. President, Members of the Senate. I rise -- I rise in opposition to Senate Bill 148. This is a nationwide fad that we do things like thisy and this is supposed to -- to keep young people in school. And as Senator Collins has indicated to you, quite the opposite is true. Driving is extremely important, Senator Kelly, to youn: people. There's no question about that at all. Buk this is not going to deter them from drlving. If they don't have a driver's lieenser they're going to be driving anyway. They simply are. Senator Collins, you were right on target. We have, over the last five years, passed legislation to try to address the drop out rate in this State. The problem is, We're not fundin: those programs. Senator Kelly, we tried to address the Chicago Reform Issue last -- last winter, and -- and I tbink that's goin: to assist us in keeping young people in school. But this kind of legislation simply simply is not going to do that. Let me suggest to you something, sir. What about the young person who -- who drops out of school, and -- and decides to go :et a job someplace? They need the car to drive, obviously, or in many cases they will. And so they end up -- end up# quite franklyz driving without a driver's liaense. 68 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 That young person may very soon realize khe importance of an education. He or she is going to find out Khat, by gollye without a high school education, you can't really get a decene job: and so they mighe go back to school. Thatls what this is al1 about. That's what this is all about. If they drop outz lose a lieense, or don't get one kn the fkrst place, you haven't helped the young person at all. This is very popular legislation, but it happens to be wrong leqislation. I kould urge defeat.
PRESIDING OFFICER: (SENATOR D'ARCO) Al1 right. Senator Woodyard.
Thank you -- thank you, Mr. President and Members of the Senate. Wkl1 the sponsor yield?
PRESIDING OFFICER: (SENATOR D'ARCO) He indicates he will yield.
Senator Kelly: I probably should have directed this question to Senator Severns on her bill. Our analysis of her bill indicated that this reporting of drop outs was voluntary, not mandatory , in private sehools. Thus -- thus a person could drop out of a private school, still retain their driver's license, if it was not reported, whereas, if a person was in a public school: that could not occur. Does your bill address anything with the private school?
PRESIDING OFFICER: (SENATOR D'ARCO) senator Kelly.
It covers public and private schools both.
PRESIDING OFFICER: (SENATOR D'ARCO) Senator Xelly: to close.
Well, I -- I would just ask for your favorable support. I -- 69 STATZ 0F ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 31st Leqislakive Day May 17, 1989 note on the sheet that Senator -- Maitland had made an opposing argument, and he voted for the last bill, 1-0-7. And I certainly -- I don't know why he had a change of conscience in such a short period of time. But I -- I Would like to point something else out ko you. I don't know when Senator Severns began on this, but I know back in November I asked the Reference Bureau to get involved, and I gave them information, and I wanted to pre-file the bill. It took them a long time to put a bill together. And 1111 tell you something else. I've got six bills this Session. That's what I introduced, and this is one of the six. And I think you eould do a lot Worse voting for, you know, I think this is a good bill to vote for. If you don't Want to vote for ik, dondk. But I want to, before I close, ask that both Senator Dudycz and Senator Raica be added as hyphenated sponsors. Other than that, I ask for your support.
PRESIDING OFEICER: (SENATOR D'ARCO) A1l riqht. Is leave granted? Leave is sranted. The question is, shall Senate Bill l48 pass. Those is favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who Wish? Have all voted Who Wish? Have a1l voted who Wish? Have all voted who wish? Take the record. On that question, there are 39 voting Yes, 13 voting No, none voting Presentv and Senate B1ll 148, having recekved the required constitutional majority, is hereby declared passed. Senate Bill 158. Senator Severns. Senakor Severns. Read tbe bill, Madam Secretary.
Senate Bill 1-5-8. (Secretary reads title of b1ll) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Collins, for whak purpose do you arise?
70 STAQE OF ILLINOIS 86th CENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May 17# 1989 To indicate for the record, that had I been noticing my switch I inadvertankly pushed the wrong number. I would like to be recorded No on Senate Bi11 148.
PRESIDING OFEICER: (SENATOR D'ARCO) The record will so reflect. Senator Severns, on Senate B1ll 158.
Thank you, Mr. President. Senate Bill l58 amends khe Purchasing Act in four ways. Pirst: it requires the Comptroller to report annually to the General Assembly on the fiscal impact of bfd-exempt contracts awarded by the Executive Branch of Illinois Government in exceGs of five thousand dollars, it -- beqinning on December 31st, 1990. Secondly, it reguires that no person Who has served in State government for a period of two years shall be the reeipient of a contrace in exeess of five thousand dollars during any fiscal year for the two years thae follows Eheir employment wieh ehe State. Thirdly, it says no business entity in which that person entitled to receive more than seven and a-half percent of that income shall be the recipient of such contract. Finallyp it requires accountability of the Directors of ehe State, by ineluding a letter in advance of the contract, to be filed wieh the comptroller, certifying ehat this eontract bas been awarded in the interest of the State, and that it is necessary that it be nonexempt. Finally, this language follows: almost to the T, the Federal Act adopted many years ago: followin: postgovernment employment. think this bill requires addikional aeeountability. It às a measure of good government, and I would urge its passaqe.
PRESIDING OFFICER: (SENATOR D'ARCO) Any discussion? Senator Pawell. SENATOR FAWELL) Thank you very much. Will the sponsor yield for a queskion?
PRESIDINC OPFICER: (SENATOR D'ARCO) 71 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislatkve Day May 17, 1989 She indicates she will yield.
notice that we are doing al1 these good things to the Executive. Just out of curiosity, are you going to also include former legislators not to receive contracts?
PRESIDINC OFPICER: (SENATOR D'ARCO) Senator Severns.
Thank you, Genator. Senator, LE you would tike to sponsor that amendment, 1'11 be glad to eo-sponsor the measure.
PRESIDING OFPICER: (SENATOR DIARCO) Senator Keats. Senator Fawell.
Would you -- Would you be Willinq to pull khe bill back, and and allow such am amendment to be added, so that we have the same restrictions on former legislators as we are going to put on former direetors, and former employees?
PRESIDING OPFICER: (SENATOR D'ARCO) Senator Severns.
I khink to slow down the process more than it has been sloked down during these last few weeks Would be detrimental to this process. Youdve had the opportunity on 2nd Readlng. No, I would not.
PRESIDING OFFICER: (SENATOR DIARCO) Senator Keats.
A question of the sponsor.
PRESIDING OFFICER: (SENATOR D'ARCO) She indicakes she wi1l yield.
Would khis cover legal services contracts that are 72 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REcuLAa SESEION ! SENATE TRANSCRIPT 31st Legislative Day May 17z 1989 occasionally alleged to be the lawyer-client relationship, in that they need not dàseuss wbat they're doing? Would lt cover the lawyer-client relationship? PRESIDING OFPICER: (SENATOR D'ARCO) Senator Severns. SENATOR SEVERNS: It -- it covers every category of contract that would exceed five thousand dollars in any qiven fiscal year. It covers -- as it relates to the employees of -- of the State Covernment, as described in this bill. PRESIDING OFFICER: (SENATOR D'ARCO) Senator Keats. SENATOR KEATS: Followin: up on that - there's been some argument on the federal level that the legal contracts do not apply, and that 1aw firms do not need to disclose. As an example, it's given to Firm X, of which khat former whakever ls a member. They say there's been tremendous confusion on that subject. My concern is, since the one who would rule on this would be the Supreme Courtz and they normally will hold lawyers exempt from a11 normal statutes, you may have a serious loophole here, in the fact you have not expressly saidg ''Theyfre covered, and it's the firm and the whole works.' It's just a free advice. We'11 think about the bill some more, but it's free advice. I think ehere's a loophole there that's not your intention. I think it's a loophole put -- put upon us by the court system. PRESIDING QFPICER: (SENATOR D'ARCO) Senator Karpiel. SENATOR KARPIEL: Thank you, Mr. President. Will the sponsor yield? PRESIDING OFFICER: (SENATOR D'ARCO) She indicates she will yield. 73 i I I I I STAQE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7w 1989
Senatorr I think youlre probably on eée right track, and I know what youdre trying to 9et at. But it seems to me there are abuses in more than just the deparements of the State. Would you be willing in the House to have an amendment put on that would do what Senator Fawell was talking about - you know, ex-legislators, and perhaps even candidates? You knowy candidates that are noW running or did run for elected office, state office, congress, or something. And Would you like to -- would you agree to include that in your amendment in the House?
PRESIDING OFPICER: (SENATOR D'ARCO) Senator Severns.
I would have no objections, Eenator, to having such language included in the bill. Quite frankly and guite seriously, this is one beqinning step. And I think if we're serious about trying to make some progress, we have to be realistic in terms of what will pass. I would personally have no objection to such language being included. TAPE 3
Senator Karpiel.
Well, Senaeor, if you say this is a first step: do you have any other steps in mind? What's the next step then?
Senator Severns.
74 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3lsE Leqislative Day May 17# 1989 I -- I guess that -- I think there's always plenty of room for improvement in government, Senator, and I don't have an agenda outlined at this moment.
Senator Karpiel.
Well, if we can have a commitment on the amendment that we discussed to the House, perhaps I eould support the bill. But think the bill, whtle as I say, is a -- tryin: to get at abuses in government, certainly doesn't do far enough, if we're just going to ideneify those - the department heads and people that work for State departments. There is a lot qoing on: as we a1l know, in State Government right now with legislators who are in office, legislators Who ran for offiee, people who ran for other offices, and who may have been defeated. mean there's a1l kinds of that kind of ehinq going one and I -- I really think that if kelre going to pass khis bill, we should include everybody.
Further discussion? Senator Geo-Karis.
Wil1 the sponsor yield for a question?
She indicates she %i11 yieldy Senator Geo-Kazis.
Senator, my understanding is tha: this is -- only applies to the Executive Branch. Is that eorrect?
Senator Severns.
That is correct.
Senator Geo-Karis. 75 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 31Bt Legislative Day May l7, 1989 SENKTUR GEO-KARIS) Senator. I wonder îf you would take your bill ouk of the record, so we can put all branches in there? I think this would only be fair, no* only to Executive. Put us all in there.
Thank you, Senator Geo-Karisy
That *- that -- I didn't interpret that as a questkon. Senator Geo-:aris.
Mr. President and Ladies and Gentlemen of the Senate: I'm asking if the sponsor would take the bill out of the record, so we could apply it to all branahes - not just the Executive Branch,...
Senator Severns... S/NATOR GEO-KARIS: .. . and I'd be happy to support kt and be a co-sponsor with her.
senator Geo-Karise I answered a similar question of Senator Fawell earlier. I do not intend to take this out of the record. I would not oblect to such language beàn: added. It has had the opportunity on 2nd Reading in this Body to do that, and if you wish such language to be added: I would not object to it being added in the House.
Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, there was an amendment on this bill whieh took the -- took the Economic and Fiscal Commission out and put it the put a1l the information in it to the Comptroller's Office. Well, I can tell 76 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 you right now, the Comptroller himself usually has about twelve million dollars a year for consultant services. Well, I havenlt been too happy about that, and I feel that the bill, as amended, is not qoing to do the job that it should do. Ik's not fair to ehe -- ko not include the other branches. And regretfully, since you won't take it ou* of the recorde I'm going to have to speak against the bill, and I'm going to oppose, it because it's not fair just to limit to one branch. Put us al1 in. We shouldnlt be any exceptions as legislators.
Eurther discussion? Senator Schuneman.
Thank you, Mr. President. A question of the sponsor.
Indicates she will yield. Senator Schuneman.
Senator, I have not had an opportunity ko look at the bill. We only have our staff analysis in front of us. But it indicates that the bill applies to contracts aWarded by the Executive Branch. Are you talkins about the branch administered by the Governor, or are you talkinq about all constitutional officers?
Senator Sevelns:
These include the Governor's aqencies.
Senator Schuneman.
Well, I'm curious to know why you would exclude the Attorney General: the Comptroller, the Treasurer, the Secretary of State. Why -- why did you only decide that this is a good idea for the offices adminàstered by the Governor of Illinols? STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 3lsk Legtslative Day May 17, 1989
Senator Severns.
I would have no objections having the language include everyone. At this poink, I would like to see this bill passed. If an amendment needs to be added in the House, it can be.
Senator Schuneman.
Thank you, Mr. President. To the Members, I think Senator Severns has wha: is probably a pretty good idea, and a lot of us could support it. But it seems to me that it's narrowly focused. Perhaps we ought to have somethinq llke this apply to everybody in State governmenty but ak this time I think it's it's wrong to single out one parkicular branch of government, and we ought to make it apply to everybody.
Furkher discussion? Senator Philip.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Obviously, it's tt's our time to pick on the Governor's Office. I certainly would thlnk that We ought to inelude the other constitutional officers. 1:11 bet you there isn 't a constitutional officer in this State that doesn 't have an ex-legislator, or his daughter's son, or wife on the payroll. Xou ouqht to tnclude everybody. Inelude the General Assembly, also. And include -- how about the -- the daughters, the sons, and the wives and husbands. If you really want to do it. Be my guest, because I don't have any on my payroll. And 1'11 kell you one thing, there's enough guilt to go around to everybody, and I would suqgest: Senatorr you move this back ko 2nd# prepare an amendment, put it ong and then welll think about passin: it. 78 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7p 1989
Further discussion? Further discussion? If not, Senator Severns may close.
Thank you: Mr. President and Members of the Senate. I have no objections to khe points raised by many Members of this Chamber resarding the expansion of this bill. But I think for any Member of this Chamber to use the excuse that a good idea is not worth doing' because you have failed, or any of us have failed, to expand the idea - it às nothing but an excuse. Let's not kid ourselves, Ladies and Gentlemen of the Senate, the evidence is documented. We wane to speak to the evidence? We ean stand here at length, and speak to the evidence. Iêm not saying itls unique in the Executive Branch. I'm not saying it's unique in the State of Illinois. This is a bill that attempts to require greater accountability. As we do more business of government by contracte this bill is suggesting thak we make those contracks accountable. Nothin: more. Nothing less. If you believe in accountability in the eontracting process of State government, if you belleve khat we need to require our directors and people in government to statewide, contracts must be required, nonexempt, bid-exempt, this bàll does just khat. Por those who believe *he qreater accountability in qovernment is requiredy urge an Aye vote.
The question is: shall Senate Bill 158 pass. Those in favor will vote Aye. Opposed, vote Nay' and the voting is open. Have all voted who Wish? Have a1l voted Who wish? Have all voked who wish? Take the record. On *hat question, there are 26 Ayes, 24 Nays -- 27 Ayesr 23 Nays, 4 votin: Present. Senaee Bill 158, having fakled to receive khe required constitutional majority, is declared lost. 162. On the Order of Senate Bills 3rd Reading is Senate Bi11 162. Read ehe bills Madam Secretary. 79 STAQE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989
Senate Bill 1-6-2. (Secretary reads tiele of bill) 3rd Reading of the bill.
Senator Demuzio.
Well, thank you, Mr. President and Ladies and Gentlemen of the Senate. Thio is our annual exercise with respect to pensions, and certainly this bill will have a number of modifieations, as it Will when it reaches the House. Senate Bill..ysenate Bill 62 <sicb is a bill that would give a three percent annual increase to survivors of the various pension systems, including khe State employees, universities, downstate teaehers, Chicago teachers' system. It also provides, by virtue of two amendments that were Senator Davidson's bills - both Senate Bill 81 and Senate Bill 84 that were incorporated by virtue of Amendments l and 2. The first one would limit the Social Securiky offset, and that estimated cost is somewhere around 3.3 million. And the third amendment with respect ko Senate B1ll 84w which is the increasing the survkvors' and widoWs' benefits at an estimated cose of about three hundred and three thousand five hundred dollars. The accrued liability to the four pension systems obviously is awesome. The annual cost Wtth respect to this bill would be 15.8 to State employees, 18.9 to universîties, 47.6 to downstate teachers, and 22.7 to Chicago teachers. Obviouslyz it Will take a great deal of reform and further discussion, Senator Echuneman, as it reaches the House. My suggestion ls that we simply pue it out of here today, and keep working on it. And I Would ask for your support.
Discussion? Eenator Gchuneman. 80 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Thank you, Mr. Presidenk. The sponsor was unusually frank about the cost impact of this bill. It's sure a 1ok of fun to vote for these bills. Especially when We know there's no money to pay for them. I'm not sure what your numbers total up to, Senator. We have numbers from the Economic and Fiscal Commission which indicate that *he accrued liability of the pension systems would be increased by over a billkon dollars With this bill. That the normal cost - that is, if the State, in fact, was paying what we should be paying to support these increases - ehat the normal cost to the State would be thirty-three million dollars per year. think almost all of us voted for the bill that Senator Netsch and I have been trying to get passed, that would r'equire the State to begin funding the unfunded liability. This Would simply -- and as I remember those numbers, would take around forty million to do that. 'his would simply add another thirty-three million in annual cost to that forty million which we already aren't paying. So while those of you who represent State employeesz and We a11 do, certainly would find it difficult to vote against this bill. We ought to recognize what -- What the cost impact Would be if it really ever takes effect.
Further discussion? Senator Davidson.
Mr. Pcesident and Members of the Senate, 1 rise in support of this bill. This was worked out in a bill ehae Senakor Demuzio and I sponsored from khe five different retirement systems. We added the ewo bills, whieh I had, which were all part of the same package. I urge al1 *he people on this side to vote Aye on this bill.
Further discusslon? Any further discussion? Senator Demuzko, 81 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 you wish to close?
Yes. Senator Schuneman, I don't know Whether or not you said I Was unusually frank or usually frank. I didn't quite cateh it, but we a1l know that this bill is going to receive a number of modifications as reaches the House and before June 30th. And I'm glad Senator Schuneman added up all those accrued liabilities, because I I gave them to you individually and I did not want ko give you the entire number. So I congratulate you on having the courage to do so. We know that these pension systems are are in desperate need of a of new additiönal revenue, and obviously putting this vehicle bill out of here today with respeet to this, affords us the opportunity to continue negotiations between now and June 30th, and I would certainly ask for your support. PRESIDENT ROCMI The question is, shall Senate Bill l62 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who Wish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, there are -- 48 Ayes, 3 Nays, 3 voting Present. Senate Bill 162: havin: received the required constitutional majority, is deelared passed. 166. Senator Netsch. On the Order of Senate Bills 3rd Readàn:. The middle of Page Ladies and Gentlemen: is Senaee Bill 166. Read the bill: Madam Secretary, please.
Senate Bi11 1-6-6. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Netsch.
Thank you: Mr. President. Senate Bill l66 would restore the 82 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7e 1989 AIDS Confidentiality Ack to the form in Which it was initially passed by both Houses of the General Assembly by very substantial margins last -- early last Session. What it deals with is the question of written informed consene When someone is tested. And the change that was made - the language that Was eliminated - indicated that a physician could, without complying With all of the other protections that had been written into the original bill, test someone without notifying them, and most importantly, without providlng the counseling and other information that is considered so critical to the HIV testin: thing. The bill is strongly supported by the Illinois Department of Public Hea1th, Which has pointed out that the -- the written informed consent, and the counseling, and information-givin: that are part of the -- that were part of the original Confidentiality Act are, by al1 of those in the Public Health field, considered absolutely eritical to helping ko stem the tide of this very major disease. I would also point out that the American Medical Association, which normally does not take this kind of a position, has also made ehe point that counseling and information-giving are a critical part of the whole and written informed consent - are a critical part of any testing for AIDS. And this -- this bill, as the amendment proposes *o put ltg is totally consistent With thelr position, and as I indicated: is supported by the Department of Public Health. I'd be happy to answer any questions.
Dkseussion? Senator Raica.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. To the bill, Mr. President, I -- know this bill addresses some concerns of *he Gay and Lesbian Task Force. However, I do not believe that the Public Hea1th Policy should be determined by the potential for discrimination or lqnorance about 83 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May 17. 2989 AIDS. Our Public Hea1th policy should be determined by sound medical practices. The current law recognizes this. And Ie should remain as it is, and that's why I stand up and oppose, and urge a No vote on Senate Bill 1-6-6.
Further discussion? Senator Pawell.
Thank you very much. Will the sponsor yield for a question?
The sponsor indicates she will yieldy Senator Fawell.
Senator Netsch. you and I were on a panel together at Northwestern University when we had a similar diseussion. And I have talked to a number of -- of emergency room people, who are very concerned about the fact that some of these patients are brouqhk in to the emergency room, and -- and are either bleeding and uneonscious, or they obviously don't know What directly is wrong with them. 80th the emergency room people and our discussion at Northweskern had a surgeon from Northwestern Memorial Hospital who said, you knowy this informakion has Eo be known by the physiciansr and particularly the nurses and the doctors in khe emergency room . Have you made an exeeption for those kinds of people?
Senator Netsch .
No* in this particular area. Not in this section. Althouqh I have a dim recollection ehat there are some other parts of the law that bave dealt specifically with -- with that circumstance. This generally is -- has ko do with when a patienk is being examined by a physician, and does not deal specifically With the emergency room procedure. 84 STATE OF ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 31st Legislative Day May 17, 1989
Senator Fawell.
Can you tell ne, what is the position of the Illinois Medical Society? Do you know? PRESIDENT ROCK) Senakor Netsch.
The Illinois Medical Bociety opposes the bill. The American Medical Association, I believe kould not, because it is completely consistent with a major policy that they have adoptedz but the ISMS opposes the bill.
Further discussion? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate: this bill, then ,if there's a paramedic -- picking up oomeone who's bloody a1l over the place'and blood spurting out and touching the paramedic: then would elimtnate the would provide the confidentiality, then the victim who is injured could not be tested. Is that correct?
Senator Netsch.
I think the answer to your questions is No, that is not correct, if I heard your question correcEly.
Senator Geo-Karis.
Well, with a patient who's unconscious, and he's blood is spurting all over from him onto a paramedic who's trying to -help him oute I suggest, Ladies and Gentlemen -- Mr. President and 85 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 Ladies and Gentlemen of khe Senate, that that paramedic is not protected, if this bill is passed. And I think We owe a duty to people who put their lives on the line to help other people - to help thea and protect them . And I think I would oppose this bill on that basis.
A1l right. Any further discussion? Further discussion? Senator Netsch, you Wish to close?
I think I did hear your question correctly, Senator Geo-Karis. Ik has nothing to do with paramedicsz by the way. Let me read you just two sentences from the Illinois Department of Public Health physician's statement - a couple of sentences - and bear in mind if you would, Senator Fawell, that -- that this is the Department that is for al1 of us in charge of the public health consequences - not only of AIDS, but of all other diseases. The statement says, ''The exemption of physicians from obtaining informed consent presents a barrier to health care for persons at risk of HIV infection.'' And later on, ''The current exemption from counseling afforded physicians is detrimental to public health efforts to control the spread of RIV, because it creates a sikuation in which testing is separated from counselingo'' And they go on to point ouk a statement from the President's Commission on the HIV Epidemic, which stated in its report, ''Testing and counseling represent a sinqle set of services to be delivered to an individual. They cannot be separated. The individual interaction that is involved ln counseling offers one of the most effective technkques available to encourage positkve behavkoral training.'' The AMA, the President's Commission, and our oWn Illinois Department of Public HealEh, a11 make the point that testing and counseling are absolutely inseparable. This bil) is contrary -- or the -- the one that we passed last yeary Was eontrary to that. 86 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 This bill would restore that extremely important interconnectlonz and is a major public health piece of legislation.
The question is, shall Senate Bill 166 pass? Those in favor will vote Aye. Opposed, vote Nay. The votin: is open. Have a1l voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 16 Ayes, 39 Nays, l voting Present. Senate Bill 166, having failed to receive the required constitutional majo/ity, is declared lost. 169. Senator Luft. On the Order of Senate Bills 3rd Reading is Senate Bill 169. Read the bill. Senator Luftp the Secretary informs me there is an amendment on file. Is that -- read the bill, Madam Secretary.
Senate Bill 1-6-9. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Luft.
Thank you, Mr. President. In 1984 the Legislature afforded the business community in this State a credit against the Personal Property Tax Replaeement, equal to one-half point. In July, then, of 1986, an additional half point was added, bringing it to a total of one point tax credit against the Personal Property Tax Replacement. In that bill, there was a sunseE provision December 31 of 1989. What wedre doing with Senate Bill l69 is removing that sunset'provision.
Any discussion? Discussion? If not, the question is, shall Senate Bill 169 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a11 voted who Wish? Have a1l 87 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3lsk Legislative Day May l7, 1989 voted who wish? Bave a1l voted who Wisb? Take the record. On that gueskton, there are 55 Ayesr no Nays, none voting Present. Senate Bill 169: having received the required aonstitutional majority, is declared passed. 170. Senator Jones. 179. Senator Welch. 181. Senator Karoxitz. 182. Senator Ethezedge. 185. Senator Jacobs. On *he Order of Senate Bills 3rd Reading, Senate Bill 185. Read the bill, Madam Secretary, please.
Senate Bi11 1-8-5. (Secretary reads title of bill) 3rd Reading of *he bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Senator Jacobs. SENATOR JACOBS. Thank you, Madam Chairmane Ladies and Gentlemen of the Senate. This àa a substantive bill on -- that increases khe bond limit for suppork of civic center authorities from one hundred one million flve hundred thousand to two hundred million. I'd be happy to answer any questions. PRESIDING OFFICERJ (SENATOR COLLINS) Any discussion? The question is, shall Senate Bill 185 -- I'm sorry. Senator Keats.
A a question of the sponsor, please.
PRESIDING OPFICER: (SENATOR COLLINS) The sponsor indicates he will yield. Senator Jacobs.
The question beinge was readinq something Senator Netsch senk us recently, having to do with bondinq. Is this, number one, a hundred million dollar bond increase? Is that the first thing wedre doing?
PRESIDING OFFICER: (SENATOR COLLINS) 88 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7g 1989 Senator Jacobs.
Not in this bill. There is an -- there is an appropriation bill that will follow. This bill is the substantive portion. This does not -- this just allows for it to happen. The appropriation bill is -- will follow. The -- there is an identical bill that has passed the House: Which is coming over to us, which has a -- a flow of revenue to take care of the bonds. And that is the concern khat everyone has as to whether welre going to take it fron the General Revenue Pund or whether we have a a special dedicated source. And we have developed that Sou rce .
PRESIDING OFFICER: (SENATOR COLLINS) Senator Keats.
So this is a hundred million increase in bonding, on faith. Next question. Do we have any input on where this hundred million goes: or is it simply goin: to DCCA and they Will then decide where it goes?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.
The substantive bill, Senator, does name a number of civic centers that are already on line in -- in order from DCCA. DCCA does approve each of these as to whether they are ready to :o. These that are named in the plan are ready to go. There are -- there is a remaining twenty-nine million dollars of civic center funds that remain from the dedicated sources that are already on the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Any further discussion? If notz the question is, shall Senate Bill 185 pass. The voting is open. All voted Who Wish? Al1 89 STATE OF ILLTNOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqkslative Day May l7w :989 voted who wish? A1l voted who wish? Take the record. On -- on that question, there are 47 Ayes, 1 Nay, none votin: Present. Senate B1ll 185, having received the conskitutional majority, is declared passed. Senate Bill 185. Senator Dunn. Thomas Dunn. 186. Read the bill, Kadam Secretary.
Senate Bill 1-8-6. (Secretary r' eads the bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn.
Thank youz Madam President. There are instances where the county board chairman, by Statue, must appoint a person of the same political party when there is a vacancy. What this bill simply does, is permits the out-of-power county chairman to submit a list of prospective appointees who are, in fact, true party members. It does not distinguish between parties, and it cuts both ways.
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? Senator Dudycz.
Thank you, Madam President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR COLLINS) The sponsor indicate he Will yield.
Senator Dunn. My analysis states here that you are excludinq Cook County. Could you explain why?
Yesr Senator Dudycz. Idm excluding it because they asked ko be excluded.
PRESIDING OFPICER: (SENATOR COLLINS) 90 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 Senator Dudycz. SENATOR DUDXCZ: They asked. Who are they: Senator? I donlt understand. Who is they? I am part of Cook County, and there's a feW of us here on this side of the aisle from Cook County, and none of us have asked for it: eo be excluded. PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn. SENATOR DUNN : They are the majorkty in Cook County. PRESIDING OFFICERI (SENATOR COLLINS) Senator Dudycz. SENATOR DUDYCZ: Well, Senatorz I'm going to have to oppose your bill. You, as a member of the minority of your county, and 1, as a member of the minority of my county, I think if it's good enough for Will, it should be just as good enough for Cook County, and I think this is not fair. I am going to oppose it. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate. The amendment is the bill, and the amendment says that in counties with fewer than two million inhabitants, within fifkeen days ' following selection of a county board chairman or county executive, a counEy chairman of a counEy central commikkee of a political party other than -- than Ehe chairman of the county board, shall prepare and submît to the county clerk a list of qualified members of the political party? Since when does that county chairman have to supply a list of about two hundred and sone thousand people? I think it's asinine. That's a silly bill. Ye gods, what are we gettin: into? As much as I love the sponsor: ( 91 I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislakive Day May 17, 1989 I think itls a bill that's way out up in left field. And I'd ask that you vote against this bill. I think it's silly.
PRESIDING QFFICER: (SENATOR COLLINS) Further discussion? Senator Schaffer.
Well, as I interpret this bill, the political -- the political chairman of a particular county will determine who is fit to serve and who is unfit. And kf you don't happen to buy tîckets to their fund raisers be related to their families to do whatever you want, you are disqualified. ïou are unfit. I find that somewhat offensive, to be real honest with you. I would think that if you wanted to use party registration or some other legitimate gauge of who is a Republican or Who is a Democrat, I could be comfortable with that. Prankly, this is going to come to a shock to some of you. There's some real fathead county chairmen of both political parties in existence, who might who might be prepared to disenfranchise, to deny the eonstitutional rights of citizens, simply because they may be honest, they may be outspoken, they may be philosophically unacceptable. don't Want to give that power to a nonelected official, who does not stand for election. I am a Republican Committeeman and I vote for county chairman: but I do not think this is an appropriate role for a political leader, to cast judgment on a1l the citizens of their county as to Who is fit and who is unfit. It's a horrible precedent.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Hawkinson.
Thank you, Mr. President. Will the sponsor yield for a queskion?
PRESIDING OPFICER: (SENATOR COLLINS) Sponsor indicate he will yield.
92 STATE 0P ILLINOIS 86th GENERAL ASSEMBL; REGULAN SESSION SENATE TRANSCRIPT 31st Legislative Day May l7: 1989 Senator -- my -- I don't have the bill in front of mez I just have an analysis. Your explanatlon indieated thak the county chakrman out of power would submit a list of possible appointees. Some of the debate has centered around whether that county chairman would be filing a list of every party member in the county, and I'd like you to clarify which it is. PRESIDING OFFICER: ' ISENATOR COLLINS) Senator Dunn.
It is not the intent, nor is it the language of the amendment, to do that. As a matter of fact. I put the amendment on to prohibit exactly that, so that the county chairman Would not have to submit the primary votin: list to the party in power, but would, in factz select from the voters a true party member. And to address Senator Schaffer, the question about fund raising -- it has nothing to do With fund raising. What it has to do with, and by the Way that cuts both ways - I mean not to suggest that a party out-of-power person wouldn't eontribute to a nonfellow opposition party member - we al1 know thaE happens. But *he intent of the bill is to prevent a person pretendin: he or she is a Democrat or a Republican. And that has happened. happens al1 too frequently. Maybe it doesn't happen in your county, but it has happened in mine. And when T -- the purpose is, that when a vacancy occurs and a Statute calls for a Democrat to be appointed, it really ought to be a Democrat. Or and if it's a Republican, it really ought Eo be a Republican. That's what it says.
PRFSIDING OFEICER: (SENATOR COLLINS) Any further discussion? If not -- Senator Luft.
Thank you, Madam President. I Would rise in support of Senator Dunn's attempt. It happened in my county, where the 93 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 1989 county board is controlled by the Republican Partyy and the county treasurer died, and khe county board picked the weakest possible candkdate that could exkst, to fkll that position. I would suqgest that this could happen, and may have happened, in any counties on both sides of the aisle, and would be something that we should consider. I'm not so sure thak Senator Dunn's bill effectively solves the problem khat I'm talking about, but I Would hopefully -- we could pass this bill ony and try to come to a conclusion with this problem .
PRESIDING OFFICER: (SENATOR COLLINS) Any further discussion? Senator Dunn, to close.
Thank you, Madam Chairman. I've made my argument. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR COLLINS) The question isy shall Senate Bill l86 pass. The voting is open. All who voted who wish? All kho voted Who wish? All who voted who wish? Take the record. Take the record. On that questîon, the sponsor requests Postponed Consideration. PRESIDING OFFICERJ (SENATOR COLLINS) Senate Bill 187. Senator Maitland. Senator Maitland. Senate Bill 189. Senator Kustra. On the Order of 3rd Reading. Senake Bill 189. Read the bill, Madam Secretary.
Senate Bill 1-8-9. (Secretary reads Eitle of bl11) 3rd Readinq of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Maitland. I mean Senator Kustra. I'm sorry.
Thank you, Madam President. The Residential Services Auehority of Illinois ise at this time, preparing a maoter plan 94 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 for service to behaviordisturbed and severe emotionally disturbed children. What this bill does is require thae when khak master plan is submitted, that it be submitted to the directors of al1 of the agencies kho s1t on the Residential Services Authority. I know of no opposition to the -- to the bill. It was requested by the Residential Services Authority just to clarify this issue. I ask your support.
PRESIDING OFFICER: (SENATOR COLLINS) Any discussion? If not: the question is# shall Senate Bill l89 pass. The voting is open. All who voted who wish? All who voted who wish? All who voted wbo wish? Take the record. On ehat questione Ehere are 56 Ayes. no Nays, none voting Present. Senate Bill 189, having recelved the constitutional majority: is declared passed. Senate Bill 195. Senator Kelly. On the Order of 3rd Reading, Senate Bill 195. Read the bill, Madam Secretary.
Senate Bill 1-9-5. lsecretary reads title of bk11) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Kelly.
Thank you, Mr. President and Members of the Senate. Senate Bill 195, which is sponsored by Senator Hudson and myself, requires physicians to determine viability of an unborn child of twenty or more weeks. And it also requires that abortions are done in a hospitalz instead of in a medical clinic. This bill nok only calls on the physicians to use their best medieal judqment in determining viabiliey, but it also provides much more protection ko a mother who's seeking an abortion. The hospital has the life-sustaining procedures and equipment which would be able to address the life of the mother and: hopefully, the unborn child. 95 STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7e 1989 This legislation is supported by the Illinois Pro-Life Coalikion. And I solicit your support. Be glad to try to answer any questions you might have.
PRESIDING OPPICER: (SENATOR COLLTNS) Any discussion? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senater it seems to me that we passed a laW some time ago saying if certain hospitals did not Want to handle abortkons, or go knto anything like it, they wouldn't have to, and someone wouldn't have to go eo that hospital. Number two, the very question that the Senator is bringing forth in this bill is up before the Supreme Court of the United States. I urge my colleagues to vote Present on it till we see what the decision of the United States Supreme Court will come forth and say. And feel that we're being premature in addressing ehe question when we know that it's up before the Supreme Court of the United States.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Netsch. SENATOR NETSCHI Thank you; Mr. President -- Madam President. I rise in opposition to Senate Bill 195. And I think thereds one point that really ought to be made. Again, however you feel about the issue of abortion generally, what this bkll would do would be actually to jeopardize the lives of a great many Women. And something tha: needs to be pointed out is that in this State, as well as in o*her states, the only post-viabàlity abortions that are performed are those khats in fact, do threaten a woman's life. It may be that she is suffering from cancer. may be a whole bunch of okher things. But they do not perform post-viability abortions unless the woman's life itself is really in danger. And that is, of the abortions performed in this country, at least ninety-one percent, 96 STATE OF ILLINOIS 86th GENERAL ASSBMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 remember, are performed in the first trimester, nine percent in the second trinester, and only 0.01 percent in the third trimester. Those are the ones that really involve the health, and life, in mose cases, of the woman involved . What you are sayingy in passinq this bill, is that a -- a physician is risking crininal prosecution if some a -- an abortion has to be performed in an emergency circunseance on a woman who is in that condition. Vote for it if you choose, but please do not be under any illusion that you are saving lives in tbàs case. Xou are probably costkng lives.
PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? senator Hudson.
Thank you, Madam President. Wél1, to argue that a bill of khis type is going to cost lives rather than save, or to mitigate and -- and -- or to act in their defense' to me, seems to be with a11 due respects eo the Senator who so alleged - to be unreasonable, to say the least. seems to me that what this bill is doin: is ko providing -- to -- to provide a much-needed safety net, if you will if you will, for tbose babies who might be aborted and who mlght just might not have died or might need medical assistance: once born. And I think that We all recoqnize that there are cases of that kind, babies born that desperately need -- they were intended not to lkve, but they have lived nonetheless. And What this bill would do is to provide a safety net and some protectàon, some humane consideration, for those little ones who might find themselves in that situation Where life-suppork mechanisms could be brought into play. I think this is a humane -- a humane approach for a rather bad situation or situations that can exist, albeit there may not be too many, but there are enough, I believee to make these protections humane, justàfied, and deserving of your Aye vote. 97 STATE OP ILLINOIS 86th GENERAL ASSEM#LV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day 8a# 1989
PRESIDING OFFICER: (SENATOR COLLINS) Any further discussions? Senator Rustra.
Thank you, Madam President. A question of the sponsor.
PRESIDING OPFICER: (SENATOR COLLINS) Sponsor ildicate he Wi1l yield.
Senator Kelly, I'm -- I'm confused by the remarks of Senator Netsch, beeause What I tcok from those remarks is that somehow webre costing lives in, ehat medical emergencies would prevent certain things from bappening that ouqht to happen on the spot. Ifm readin: our analysis herey an6 unless I'm wronqz your bill specifically exempts the medical emergency. Is -- is that not true? And if that's the case: khen maybe you can respond to Senator Netsch's remarks. I don't understand why, if you're so concerned about the life of the woman or the fetus, you wouldn't want to be in a hospital situation. And I -- I ehink for that reason: thls às a good bill. And àf you could elaborate on the exemption which I think deals with whak Senator Netsch Was concerned about -- thank you.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Raica. Senator Kelly.
Thank you: Madam President. Yes, that's krue, there is a provision for emergencies. We don't want, if a mother has -- has life-threatening problems, we don't want that life to be threatened, either. So there are provisions for emerqenay. want to point out, though, to Senator Netseh -- she mentioned that there arenft that many late-term aborkions. My concern is with the new medical procedures *e havey that incidenk of late-term abortions can be increasedy beaause we know with the information that's avatlable now, we aan find out about defective babies, 98 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7r 1989 whether khey be mental or physical. And there Will be a tendency .l to increase the number of abortions in late-tern aborEions. So, I think it's an area that we should look at. We have to protect a baby if it's unborn. This whole issue is under review, but yes, Senator Kusera, there is a provision for emergency matkers.
PRESIDING OPFICER: (SENATOR COLLINS) Senakor Raica.
Thank you, Madam President and Ladies and Gentlenen cf the Senate. I think what Senator Xelly has done in this piece of legislation shoald be applauded. I really -- when you -- When you take a look at the concept that is ln this piece of legislation, we are saying that you have ko put things in perspective and in a eontrolled environment: remove lt from khe elinic atmosphere. and put khem in a very professional atmosphere, such as a hospital. A lot of these clinies that are performing out there are probably not -- I would hate to use the word professional -- but do not at all times have the patient: whether it be the fetus or the mother, in -- in its best interest. We are taking a look at situations in the press that have been reported over the past four weeks about Cesarean seetions that -- that have been performed -- that -- What they're saying now is that they are so -- theylre being performed every day. And -- and what theyfre trying to do now is take a look at Whether or not they are really needed, or should the nother be allowed ko deliver naturally. think what -- what Senator Kelly's doin: às just saying thak we have to protect bokh the unborn fetus, and we have to protect the mother, and put things in a controlled envlronment and make the physician responsible. That's a1l wefre asking here. And don't think thatfs too far oue of the question. Therefore, I stand in support of -- of Senate Bill 195. PRESIDIHG OPFICBRI (SENATOR COLLINS) 99 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENA'E TRANSCRIPT 31st Legislative Day May l7, 1989 Further discussion? Senator Thomas Dunn.
Question of the sponsor, Madam Chairman.
PRESIDING OFFICER: (SENATOR COLLINS) He indicate he will yield.
What happens to the physkcian Who makes a Wrong judgmene and thinks the fetus is not viable, and, in fact: the fetus is viable, and the fetus subsequently dies.
PRESIDING OPFICER: (SENATOR COLLINS) Senaeor Kelly.
Well, this is within the context of his best, or her best, medical judgment. And that's -- far as I'm concerned -- would cover khat, and would not be a -- a -- problem.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Dunn.
Is -- iS there a criminal penalty aetached to this?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Kelly.
To be honest with youy I donlt know. don't -- I donlt see it on here. But, yeah -- Class 3 felony. Yeah.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Dunn.
So do I underskand then that when he leqitimately makes a wrong decision, his -- his defense is that he used his best judqment, and that he will not be indieted or prosecuted?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Kelly. 100 STATE OF ILLINOIS 86*h GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 SENATOR XELLY: think there's probably going to be some difficulty ln -- in convicking a physician who violates the Acte but that doesn't mean we shouldn't have the Act as part of the law. PRESIDING OFFICER: (SENATOR COLLINS) Senakor Dunn. SENATOR TOM DUNN: Doesn't he noe become a witness against himself in that knstanee? PRBSIDING OFFICER: (SENATOR COLLINS) Senator Kelly. SENATOR KELLY: It would appear that if there is no other witness, he'd be the witness against himself. Yeah. PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman. SENATOR BERMAN: Thank you, Madam President, Ladies and Gentlemen of the Senate. I think that Senator Dunn and Senator Kelly's exchange on the last question really spells out the problem with this bill. We are imposing a Class 3 felony potential criminal sentencing on a relationship that doesn't belong in the criminal sector. This is a decision, that, accordin: to present 1aw and present medkcal prackice, is a decision made between a Woman and her physician. You are now, by passing this bill, putting a chilling effect on that relationship. You aree in factg kntimkdatkng, by the potential indicEment for a Class felony, the decision that should lie between the patient and her doctor. This is the wrong approach, Ladkes and Gentlemen. If we have respect for the medical profession, and we have respect for women, khe vote here should be No. PRESIDING OFFICER: (SENATOR COLLINS) l0l h. STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFQ 31st Legislative Day May 17, 1989 Furthez discussion? Senator Geo-Karis.
I apologize, Madam President, for speakin: a second time, but Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he Will yield.
Why was there a committee amendment accepted which removed the standard requiring the doceorsy when determinin: viability of a fetuse need not use the same care as other doctors engaged in similar practice under the same or similar conditions?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Kelly.
Well, it was -- it was removed in here, and it was replaced by common medical procedures instead. So, the wording was just changed, and we felt it Was better lanquage.
PRESIDTNG OFFICER: (SENATOR COLLINS) Senator Geo-Karis.
I submit by you putting that allowing that amendment on this bill, it required a lesser standard of doctors, and it would worry me about the health of the women. I stkll speak against the present bill until the Supreme Court comes out with a decision. And I am qoing to vote Present accordingly.
PRESIDING OFFICER: (SENATOR COLLINS) Any further dtscusslon? If not, senator Kelly may close. SENATOR XELLYI Welly I just ask for your favorable support. We mkght point out there may be some problems, like it Was said, With this felony being too much. I thtnk you need a penalty. I don't think that's unreasonable. If someone is doing sometbing wrong, there ouqht to l02 STATE OF ILLINOIS 86*h GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislatlve Day May l7, 1989 be a penalty involved. We can change it in the House if that penalty isn't appropriate. But -- anyway, this is the law, and we can't wait for the -- in fact, if we can save one life, and you know, I've heard a lot of incidents about protecting the mother, protecting the physician. I haven't heard any mention from the opponents about protectinq the unborn child . That's my real problem, my real difference, and our opinion on this. And that's who I would support. So I would say, I would appreciate your support. And let's take a vote.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill l95 pass. Those those in favor will vote Aye. Opposed, Nay. The voting is open. A1l who voted who wished? All who voted Who wished? Al1 who voted kho Wished? Take the record. On that question, there are 28 Ayes, 14 Nays, 9 voting Present. Senate the sponsor requests Postponed Consideration. Senate Bill 195. Senator Jaeobs. For What purpose does Senator Dudycz rise?
Thank you, Madam President. On a point of personal privilege.
PRESIDING OFFICER: (SENATOR COLLINS) State your point.
Ladies and Gentlemen of the Senate, we have' some special guests from Chicago this afternoon with us in the rear qallery behind khe Republican side. We have the eighth grade class from st. Bareholemew's, and they are chaperoned by Miss Sharon Johnson, Miss Lois Galleke. And I would like for them for be recognized, please.
PRESIDING OFFICER: (SENATOR COLLINS) Wi11 our guests please rise, and be recognized by the Senate. Senator Karpiel, for what purpose do you rise?
l03 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TEANSCRIPT 31st Legislative Day May l7# 1989 On a point of personal privilege, Madam Presidene.
PRESIDING OFFICER: (SENATOR COLLINS) State -- state your point, please.
Well, -- as long as wedre introducing schools, have eight pages here on the Republican side of the aisle today from -- from the West Chicago High School. And *heir names are Heather Campbell, Tracy Brockman, Steve Uroff, Dave -- Sirovatka, Renee Manninq, Kelly Lee, John Barstad and Kate Donovan, and I Would like to have a thank-you for their help today.
PRESIDING OFFICER: (SENATOR COLLINS) Will our guests stand and be recognized by the Senate? Senator, 198. Senator Jacobs. Read the bill, Madam Secretary.
Senate Bill 1-9-8. (Secretary reads title of bill) 3rd Reading of khe bill.
PRESIDING OFFICER: (SZNATOR COLLINS) Senator Jacobs.
Thank youg Madam Chairman, Ladies and Gentlemen of the Senate. This bill amends the Municipal Code and regards aldermanic terms of offices: and permits by frontdoor referendum staggered terms of office in any municlpality. Elects only one alderman from each ward; is permissive. It takes a frontdoor referendum. It's requested my -- by my eity in East Moline, and ask for your favorable support.
PRESIDING OPFICER: (SENATOR COLLINS) Any discussion? Senator Geo-Karis.
Will the sponsor yleld for a question?
PRESIDING OPFICER: (SENATOR COLLINS) l04 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7: 1989 The sponsor kndicate he will ykeld.
Senator, you're not -- whak you're juse doing then, i' f I understand correctly, is that only if a referendum that can change their form of government is added?
PRESIDING OPFICER: (SENATOR COLLINS) Senator Jacobs.
No, Mayor -- Senator. What -- What actually is the situation here - we have already my city, East Moline: has already chanqed its form of government by referendum. Not form of government, excuse me, changed its number of -- of elected aldermen. And in so doing, the kay it is set up now, in the absence of law, all seven of those council people have to be elected at the same time. We want to make sure that We have some continuity, and so ke break it up ko four and three.
PRESIDING OFFTCER: (SENATOR COLLINS) Senator Geo-Karis.
And to provide for the staggered terms, then your bill provides a referendum for Is that right? Okay, I have no objection.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.
just ask for a -- your support.
PRESIDING OFFICER: (SENATOR COLLINS) No, Senator Hall, before.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR COLLINS) The sponsor indicate he will yield. l05 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7, 1989
Senator, you say this applies only to Moline. Is that is that what youdre saying? East Moline?
PRESIDING OFPICER: (SENATOR COLLINS) Senator Jacobs.
No. What I'm sayin: is any municipality who has single member districts may, by referendumz elect to -- to have those council people elected in stagqered terms. In other words, half in -- in one -- one election, say in '89, and then half in ,91. But it has ko be done by a referendum.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.
jusk wanted to be straight on that, because We reduced our aldermen from sixteen to elqht, and this kill have no effeet on -- on thak at all. We -- ke -- We got eight wards, and we got one aldermanr instead of two in each ward.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.
Senator Hall, it will not affect the outcome of that. What it means is now if you desire toz your board can call for a referendum to where they will elect half of them at one election and half at another election.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Dudycz. SENATOR DUDYCZ) A question of the sponsor.
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yleld.
l06 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17y 1989 Senator, would this bill apply to the City of Chicago?
PRESIDING OPFICER: (SENATOR COLLINS) Senator Jacobs.
Chicago already has this right.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.
You mean by referendum they can vote to have aldermen staqger terms every tWo years?
PRESIDING OFPICER: (SENATOR COLLINS) Senator Jacobs.
Tbey are four-year terms. It's just that their election comes staggered. Yes, it's my understanding that they can do that now. The only people who cannot do that, at the current time, are council-mayor forms of government that are not home rule units.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Pawell.
Thank you very much. As minority spokesman on Local Government: Iîd like to say I -- looked at this bill. This is a good bill, and I suggest some of my colleagues vote for it.
PRESIDING OFFICER: (SENATOR COLLINS) Any further discussion? If not, Senator Jacobs may close.
Thank you. In the absence of Senator Sam, SenaEor Fawell, I -- I accept that. And incidentally, I I miqht add that Senator Sam -- did talk to him last night. He is feeling fairly well, and hopefully he's going to be getting out of the hospital. He wants to return Monday but whether he will or not. But in the absence, Senator, I appreciate that. just ask for your support. 107 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7g 1989
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 198 pass. Those in favorg vote Aye. Opposed, Nay. The voting is open. Al1 Who voted Who wished? All who voted who wished? A11 Who voted who Wished? Take the record, Madam Secretary. On that question, there are 57 Ayes: no Nays, none voting Present. Having received the constitutional majority, Senate Bill l98 is declared passed. Senate Bill 199. Senator Jacobs -- Raica, for what purpose do you rise?
Thank you, Madam Chaizman. A point of personal privilege, please.
PRESIDING OFFICER: (SENATOR COLLINS) State your point, please.
Pirst of all, I would like to thank Representative Terzich for coming over to Ehe Senate to help me welcome a group of senior citizens from our district, who, along With their chaperon, Father Tom , are very very eoncerned With the community and very involved with the community and the church. So if we couldr IId like to welcome the visitors - the seniors from St. Bruno's Parish along with their chaperon, Father Tom.
PRESIDING OFFICER: (SENATOR COLLINS) Will our guests please rise and be recognized by the Senate. Now, on the Order of 3rd Reading, Senate Bill 199. Senator Jacobs. Read the bill, Madam Secretary.
Senate Bill 1-9-9. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs. 108 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7y 1989
Thank -- thank you, Madam Chairman, Ladies and Gentlemen of the Senate. This really is a fairly simple bill. It provides for linited liability for Credit Dnion officers, directors, and persons who serve without compensation. I know of no known opposition, and ask for your support.
PRESIDINC OFFICER: (SENATOR COLLINS) Any discussion? Senator Hawkinson.
Will the sponsor yield for a question?
PRESIDINC OFPICER: (SENATOR COLLINS) He indicakes he will yield.
Is it only uncompensated persons who are exempted under this bill?
PRESIDINC OFFICER: (SENATOR COLLINS) Senator Jacobson.
Yes, Senator.
PRESIDING OFFICER: (SENATOR COLLINS) Any turther discusskon? If notp the question, shall Senate Bill 199 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. All who voted who wished? All who voted who Wished? All who voted who Wished? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. Havinq recelved the oonstitutional majoriky, Senate Bill 199 is declared passed. Senate Bill 200. Senator Holmberg. Read the bill, Madam Secretary. SECRETAR? HAWKERJ Senate Bill 200. (Secretary reads title of bill) 3rd Reading of ehe bill. l09 STATE OF ILLINOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7z 1989
PRESIDING OFPICER: (SENATQR COLLINS) Senator Holmberg.
Thank you, Madam President. This is the Fund Education First Act. It's the bill that youdve talked about when you visited with constituents in your district, when you campaiqned. It's the result that you got when you did polling and surveys. Your constttuents told you that education was their top priority. ''Would you do something about it when you go to Sprinqfield?'lAnd in most cases, you said, ''Xes.'' The problem îs that when we get here, our favorite sewer project, our road project, our civic center intervenes. And so the very last bkll that we put together in the Legislature on June 30th is the Education Punding Bill, and too often it is way short of what we should be qiving our schools. As a result, Illinois is now forty-fourkh in per capita expenditures behind our neighboring state even - Indiana behind Florida. Hiqher Ed# since 1986, has only seen a one-percent gaing when the averaqe of other states in the union is twelve percent. Therefore, this bill does these things: Beginning in Piscal Year '90 and in each subsequent Fiscal ïear, the Governor shall budget and the General Assembly shall approprkate at least fifty percent of total new General Revenue Punds available for appropriation, as well as General Punds available because of budgeted growth and decline of programs for that fiscal year for Elementary and Secondary Education and Higher Education programs. Those amaunts shall conEinue to be appropriated until the sum of General Fund appropriations for Elementary and Secondary Education programs and projected revenues from federal sources meet or exceed fifty-one percent of the State Board of Education's estimate of total spending for public schools in Illinois. Appropriations shall be allocated on the basis of a two-to-one ratio with Elementary and Secondary Educatkon recekving two-thirds and Higher Educatkon 1l0 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 1?y 1989 receiving one-third of total General Funds Appropriations made under this proposal. Under this proposal, we could truly work towards that goal of primary funding, and we would be funding education first.
PRESIDING OPFICER: (SENATOR COLLINS) Any discussion? Senator Kustra.
Thank you, Madam President. May I ask the sponsor a question?
PRESIDING OPPICER: (SENATOR COLLINS) She indicates she Will yield.
Senator Holmberg, we were qreeted this morning with a new tax proposal of Speaker Madigan, and as I understand it, he has a speaific <ay to allocate funds to schools across this Stake and cities. Could you comment on what this newest plan does to your proposal, or how kt fits in with what you're prescrkbin: here?
PRESIDING OPFICER: (SENATOR COLLINS) Senator Holmberg.
As I understand it, and havenlt read through the whole proposal, but I -- 1, too, have heard the news reports. Speaker Madigan's plan does allocate fifty percent of a proposed new income tax to education. So we 're thinking along the same lines. It's my understanding kt's -- kt's but a two-year proposal: and would not necessarily do what Senate Bill 200, does which carries us throuqh until the Eederal and State Governments become the primary source of revenue.
PRESIDING OFFICSR: (SENATOR CQLLINS) Senator Kustra.
Thank you, Madam President. Just a comment on the bill. I -- I certainly would not stand in the Way of an attempt to send 11l STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7: 1989 another message to people across khe State that wedre trying to do something for them in the area of education. On the other handr I wouldn 't want to confuse the people back home inko Ehinking that this bill is going to nake that differencey or this bill is going to send any more dollars back to those schools. 'Cause the fact is, it isn't. It's a good headline grabber. It's a way to qet a lot of attention back home. Itlll be a good press release for you folks, I suppose. But the bottom line is wedve already dealt with this in the Constitution of the -- of the State of Illinois, as a matter of fack. That line that everyone keeps remindin: us of the State shall have the primary responskbklity for financkng schools. What's -- what's the -- what's the problem there? We haven't done that, have we? There's no penalty to that. Just as there - as far as I can tell - Will be no penalty to our not acting on this. So while this is a nice thlng to say, and should a1l make us feel very good as We leave here today at five o 'clock, the fact is, it isn't going to have any effect unless we're willing, as a Legislative Body, convened in the appropriations process -- I mean if you really want to talk about hoW youîre going to provide nore money for schools, Senator Holmberg, I would suggest to you that the Appropriations Committee, which is controlled by your party, eould have done thîs last year, eould have done it the year before, could have done it the year before that. Both Houses of this Legislature are controlled by the Democratic Party, and they are more than able to send budgets to the Governor which provides for the kind of funding you're suggesting we should do now. So I'm not going to vote No. 1'11 go along with you. Let's send another symbol ou* there, but until somebody geEs serious at the funding level of this thing, these symbols are just that. Theydre ways to grab headlines. And I1d suggest to you that instead we reflect on some of the other proposals that are around here, and some ways of redistributing 112 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIUN SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 those dollars. PRESIDING OFEICER) (SENATOR COLLINS) Further discussion? Senator Berman.
Thank you. I'm glad to hear that Senator Kustra joins Senator Eolnberg, myself, and I hope about fifty-eighk others - fifty-six others to make it unanimous. What we do do by this bill is to put into 1aw What a lot of us talk about on the campaign stump e and what we really ought to do and We'11 be able to point to it on June 29th and June 30th. When it comes to these emergencies that we sincerely look at and try to solve each yearz and has caused us to move from seventh to forty-fourth, nobody does it out of malice. Nobody stands up and says: ''I hate the school kids of IllinoiswN But We've allowed, I think the phrase used to be ''benign neglecty'' and that is what we've allowed to happen. I've allowed it to happen. You've allowed it ko happen. This says 'Stop.' Education must come off the top. Half the money goes there. Then - then we will address Emergency A and Emergency B and -- and Good -- Good Cause C. But if you asked your voters in every one of our districks how they vote on this bill, you would have an overwhelming -- overwhelming Aye vote. I hope you can reflect the feelings of your voters? and vote Aye today on Senate Bill 200.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Welch.
Thank you, Mrs. -- thank you, Madam President. I think that this is an outseanding bill. In contrast to what Senator Kustra said, I think he has staked the facts a11 wrong. The Constitution does say that we have the primary responsibility for funding education. That doesn't mean fifty percent plus. That's been determined by the court. It doesn't mean that. To compare this 113 STATE 0F ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION - SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 bill to that Constitutional statement just clouds the issue. This is a definitive statement that we are golng to fund education ak i fifty percent of new revenues. It is a bill that can be taken to court and enforced. The Constitutional statement has been taken to court, and the court ruled it doesn't mean what you just said it meant, Senator Kustra. It doesn't mean that at all. Here 's a bill that, if we don't fund education fifty percent, we can be taken to court, and we can be forced to do what we should have been doing all along. And I think that this is an excellent idea, and I'm proud to be a co-sponsor. We have talked about the income tax increase proposed this morning by Speaker Madigan. Number one, there's no guarantee it's going to pass. There's no guarantee it's not going to be changed. You know hoW bills change as they go through this Legislature. To use that as an issue is a bogus proposition. I think that what we have to do is strike while the iron is hot: khile everybody's worried about funding education. Instead of qettin: built up in this euphoria about khe - - the Madigan proposal in the House and the Rock proposal over here, let's do what we should have been doing. Let's make sure that that tax increase, if there is one, does go fifty percent to education, and this is khe Way to do it. Let's -- let's nake sure that after two years, when that bill expires, that any other income tax increase, or any other increase we have, goes to education at the rate of fifty percent. Let's do it instead of quit talking about it. Let's stop sayin: this is a symbol. This is something solid for a change, and I think iE's a good b111.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. Therels probably been no area that's caused more consternation and frustration than the area of educational funding. In the ten years that I have been down here, 1 ll4 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSPRIPT 31st Legislative Day May l7, 1989 I have watched just a series of devices to camouflage what we are not doing, or to, in faet, send out a signal that indicates we're doing more than What We really are. This is another one of those devices, and frankly, I think we ought to say - and have the guts to stand up and say - ''No more of this.'' I have had to listen to how the lottery was going to save education. I have learned -- I've had to listen to how we finally put that tn the Common School Fund, and all of a sudden we have solved the issue of edueation. What this bill does essentially -- it does four things, none of which is eorrert. First of all, it signals the bankruptcy of the legislative appropriation proeess. It says that We, who serve down here, are not to be trusted, are idiotic, don't know what the needs are, and therefore we are mandated to give this amount of money out. Because we donft have the courage, or we don'k have the integrity, or whatever it is, to do what should be done. Secondly, it does not deal at a1l with the inequity of funding. Not at all. In fact, We talk about educational funding. I would submit that you ouqht to go back and take a look in your oWn districts, and see the differential that exists right noW in your own diskricE - from one school disErict Eo the other. And then kry to justify that from either a fiscal standpoint, from a legislative standpoint, from a rational standpoint. And I want to tell, you there is no way of justifying that. Absolutely none within your own district. The third thing it does - it does not deal wikh the most serious problem confronting education, and that's the need for formula ehange a formula that's been admitted by every Member of the Educational Committee since I've been down here a formula that does not Work, because the tWo premises upon whieh it was based are incorrect. They don't exise. One of khe formula -- the -- the -- the premise that we were going to have increasing enrollment. That doesn't exist. And that we were going to have stable real estate values. That doesn't exist 1l5 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May l7, 1989 either. The fourth thing - it does not, in fact, deal With what is perhaps the biqgest anger of the public against us and the. educational community, and that is the rise of property taxes. And frankly, Senator Kustra, you might Want go to ahead and vote Yes, but I want to tell you right noW it's a bad vote. Because can't qo back to my area, and stand in front of these people who, by the way, are now calling us in to talk to them ask Senator Kelly - and theydre not real happy people when they call you in there. And I don't want to go back and qive them this thinge and say, ''Hey, lookz welre goin: to really take care of you.'' Because 1'11 tell you What theydre going to tell me that it starts with a B, and it ends with a T, and it's :ot eight letters. And I'm going to tell you - I don't want to be any part of that at all. END OF TAPE TAPE 4
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Maitland.
Thank you very nuch, Madam Presidentz Members of the Senate. This issue concerns me a great deal, Senator Holmberg. I -- just to make sure you understand this is not a partisan issue with me, have for many years opposed mandatkng certakn levels of funding for any agency in State Governaent. So my opposition to your bill is -- is philosophical in nature and not political. hope you underskand that. Nobody has worked harder than I have to inerease the funding for Elementary, Secondary, and Higher Edueation. I believe very strongly in it. I think it has to happen. But I've been down here for eleven years. get very l16 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 concerned about the shell games that we -- we tend to play, and, Senatore this is nothing more than a shell game. You and I b0th know that. You're an educator: and you want kncreased fundkng for education, too. We're elected to carry out a job and responsibility down here. I have stood on this Floor now for three years -- for three years, and urged support for an increase in the State income tax to fund not only education, Senator, but every other agency in State Government. I'm in receipt of a letter that Doctor Mandeville sent to you asking for some understanding of what this bill says. Your premise by which you base your revenue eseimates on is wrong, and you know that. And, in fact, there is not the available new revenue for next year that you would suggest by either -- by either aqency mentioned in this letter. In fact, accordin: to my interpretation of the bill, elementary and secondary education would take a reduction in What's proposed in the FY '90 budget, and that has to concern me -- concern me a great deal. What do we tell, Senator Holmberg, what do we tell the Medicald providers? What do we tell foster parents? What do we tell all those other people across this State who are providing services to us as well? Do we say, ''No# we're sorry. The Legislature refuses to raise the income tax to adequately fund Government: and welre going to take it away from you and qive it to someone else''? Is that right? It's tough for ne make that argument on this Floor, being as strong a supporker for education as I am. My name was on the line. I'm committed. This bill doesn't do as Senator DeAnqelis has said what you wanE it eo do# and let's not play thls shell game. Let's be fair with our constituents. Let's be fair with education. Let's be fair with everybody else in this State, and do what has to do. I urge rejection of Senate Bill 200.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Netsch. 117 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Thank you, Mr. -- Madam President. Senate Bill does not do what the Constitution mandates, and I don't think Senator Holmberg has really made that representation. And might pause just a moment and just say something about that sentence - thak famous infamous sentence in the Illinois Constitution, because to be honest I'm the one who wrote it and :ot it inserted into the Constitution. So I -- actually it ought to be my intent that counts. When We -- when we inserted that, we never had the figure fifty or fifty-one percent in mind. In fact, think said at the time that my ultimate goal was that the State would be paying at least seventy or seventy-five percent of the total cost of public education, and that still is my goal, although I clearly am not goinq to live long enouqh to see it realized. But I think the - - the point that was being made when that sentence was taken to court was not that it is meaningless. It is meaningful. In fact, it has helped to keep the hammer over our heads at least, for the last umpteen years, While we struggle and agonize every year because we have not adequately funded public education. What the court deeision said was that you cannot mandate a General Assembly to pass appropriations at a particular level. That will be true even under Senate Bill 200. And I -- Senator Holmberg, has not suggested otherwise. What Senator Holmberg's bill and the one that all of us are co-sponsoring does do, is takes a step in the right direction. It is more than symbolic. It is -- it does have meaning, because it does put a certain obligation on us to -- to dedicate a particular portion of new revenues to education. It does not satisfy the Constitutional Mandate, if indeed it means fifty percent of total funding. But what it does do is it says that we are serious and we are qoing to impose some restraints and constraints on ourselves in terms of how much money we dedicate to public education. It is a step in the right direction an l18 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislatkve Day May l7, 1989 extremely kmportant step, and for tbat reason, it should be supported.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Rea.
Thank you, Madam President, Ladies and Gentlemen of the Senate. I rise in support of Senate Bill 200. And probably my district in the State is as hard h1t as any district, as far as school funding. The need is there. And since I have been in the General Assembly and over the last few years, each year as a crisis comes forth, it seems like that We do it by piecemeal, that we deal with the crisis at the time, and We do not come forth with a long-range plan. I think that this will work out as a long-range plan, that we're finally putting together somethin: that will be neaningful both in the short range as well as in the long range. Regardless of what the intent is of the Constitution: the State should be providing more than fifty percent to the schools. This has dropped drastically over the last feW years. feel we have an obligation. I feel this is a bill that Would get us back on course, and is one that we should support in order to place our priorities in the right order, and placing education at the top of those priorities. Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Sehuneman.
ehank you. A questîon of the sponsor. Senakor, I was off the Floor for a minute, and if someone else has asked this question, I apologize. But one of the things I wondered about under this bill is the possibility that in the future, bills will pass out of here With the -- with an exemption from this particular Statute. All Wedre -- a11 we're doing here is adopting another Statute. And in future yearsr if a bill passes out funding some other program v and 1l9 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 exempts itself from thks particular provision - I guess What I'm asking you is, is that not a possibility? Jusk like we do al1 the time around here with States Mandates Act.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Holmberg.
Senator Schuneman, it would seem that your predictions are merely speculative. I'm not one who has a crystal ball and can foresee the future on any particular bill that may be introduced three years or four years from now. That is certainly not my intent at this time, and it's a very straightforward bill, with no speculation about those thkngs in the future.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Schuneman.
Thank you. My -- my question Was a real one, Senator. But -- and IIm inclined to think that the real answer is itlll work the same way that the -- that the Skate Mandakes Act has worked. However, I happen to think this is probably pretty good show business' and I'm going -- I'm going to vote for the bill, because think the folks back in my district want me to make some of -- some kind of a statement about what we should do about educatàon: but I really don't look to this bill to do a Whole 1ot about it.
PRESIDING OFFICER: (SENATOR COLLINS) Any further diseussion? If not, Senator Holmberg may close. SENATOR HOLMBERGI Thank you, Madam President. To the reference that several of you have made about Senate Bill 200 being a shell game, on the contrary, Senate Bill 200 Will end the shell game. When you lift up the three shells you will find the peay and the pea stands for priority in educakion. I'd like to point out tWo things in closing about educational funding în the State of Illinois. 120 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 First, over the past ten years, new tax dollars which should have gone to education have always been spent on other State needs. Second, even though the Constitution says that the State should be the primary funder of education, the budgetmakers have never had a plan to meet that goal. This is that plan. Senator DeAngelis, Conqress passed such a plan to deal with the deficit. It is time for us to pass a plan to deal with the deficit in education. Senator Maitland, the Bureau of the Budget and the Governor: in their charts, listed the same amount of money that *e are talking about here today. We, in letters back and forth to Mandevillee have agreed on the semantics of it, and have changed the oriqinal bill to cover that. Fund Education First indicates the Legislaturels intent to make education our Stateîs first priority. Even though we are talkin: once again today about a proposed income tax increase, there is nothing in Illinois 1aw to guarantee that it would qo to education. Pund Education First guarantees that half of any tax increase would do so. Fund Education Pirst establishes the means to eventually provide fifty-one percent of funding for our schools. It's supported by the Illinois Education Association, the Illinols Pederation of Teachers, the Chicago Teaehers Union, the Illinois Association of School Boards, the Illtnois Association of School Administrators, the Illinois State Board of Education, the Illinois State Board of Higher Education, the Parent-Teachers Association: Board of Governors, the Board of Regents, the University of Illinois, SIU, the State Universities Retirement System, the University Civil Service Merit Boarde and the Illinois State Scholarship Commkssion. This is more than just a Senate bill. This is a statement, a commitment, and a priority. It's a statement of our intention that education be funded before everything else. A commitment that education is our first priority. Ik's a policy insurin: that khe qreat State of Illinois is willing to invest in its future. It has been said that you can l21 l STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 put off building a road or a bridqe for ten years, and you may not be worse off for it. But if you put off funding for education for another ten years, we will have lost a generation. Letls fund education first. PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall Senate Bill 200 pass. Those in favor will vote Aye. Opposed Will vote Nay. The votinq is open. A11 who voted -- have a1l voted who wished? A1l voted Who Wished? All voted who wish? Take the record, Mr. Secretary. On that question, there are 48 Ayes, 9 Nays, none voting Present. Senate Bill 200, having received the constitutional majority, is declared passed. PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. We're gonna pick up the pace. Senate Bill 204. Senator Jacobs. Senator Jacobs on the Floor? 212. Senator Netsch. 213. Senator Netsch. 219. Senator Schuneman. 220. Senator Schaffer. On the Order of Senate Bills 3rd Reading is Senate Bill 220, Mr. Secretary. Read the bill. ACTING SECRETARV: (MR. WAPRY) Senate Bill 220. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Scbaffer. SENATOR SCHAFPER: Mr. President. Membmrs of the Senate. I have an inEeresEing lesislative district. I qo from South Beloit to Mundelein. In the eastern portion of my district, the major county is McHenry, my home county. McHenry is - and has for the last several years and I suspect for the foreseeable future - is undergoing a tremendous wave of growth. We built more houses in McHenry County last year than they built in Cook, or just about any other county, 122 STATE OF ILLINOIS t 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ; 31st Legislative Day May l7e 1989 with the exception of Dupage. We're gokng ko bukld, I understand, forty-two hundred homes this year, along with I don't know how many shoppinq centers, factories, parking lots - the growth is phenomenal. And any of you that have driven in the area know what I'm talking about. Those of us tbat live there are concerned that this rate of growth and the steps we have to take to proteat the quality of life in the area and the environment. This bill would, by a frontdoor referendum, and increase the bonding power of the McEenry County Conservation District. It has been amended at the request of the County Board to have the board of thls agency expanded from five to seven, Eo require a two-thirds vote for condemnation, and to give them some flexibility in acquiring land that they can dispose of part of it withkn tWo years after acquisition, if it's not appropriate for their mission. This open space district has done a good job in our county. We want to avoid the mistakes of some of the other developing areas. We Want to take advantage of this opportunity, this last opportunity to save as many of the natural areas as we can, to provide for a high quality life, not only now, but in the future of our area. The Chicago Tribune recently described McHenry County as the Dupage County of the l990s. And the universal cry - I hope Senator Philip isn't listening too carefully - is that We don't want to turn out like Dupage County. We want to profit from their mistakes, and we want to profit from their successes. And one of the successes that they in Cook and other counties have had, has been the preserving of open space. What we propose to :et into it now while the natural areas are still there so we aren't forced to buy ateas that we bave to plant trees in. I know of no opposition to the bill. Againy I emphasize a frontdoor referendum. There's tremendous public support in the area for this, and I would certainly be happy to answer any questions, and would appreciate a favorable roll call. l23 STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May l7# 1989
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Discussion? Senator Karpiel, for the rebuttal for Senator Philip. Senator Karplel.
Thank you. Though I'm not about to rebut for Senator Philip or anyone else, although I do rather take umbrage at his Dupage County statements. And I also want to correct him thak you may be faster growing than Dupage, but I don't know that youdre faster growing that Kane, which is now the fastest growing county in the State. I did have a question, however. You did say you did say that well, first of all, this is a Conservation District, so thls is not a Forest Preserve Commissâon, obviously. But you did say that one of the -- one of your County Board requirements or requests kas thak you amend it so that if yon buy property and then decide you do not, in fact, want to use it or keep it, you can then dispose of it. Are We talkinq about condemning property and then turning around and selling it?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.
No. The problem is, for instance, occasionally conceivably, the Conservation District might acquire a stretch of railroad right of way for a bike trail, nok popular things in cereain parts of the county and the State. And it may be -- it may make sense for instance, not to run the bike trail right through the center of town, but to put a loop around the Eown, which then leaves them with a section of track that they -- of land khat they have no use for. And all we're sayin: is that if they acquire it within two years, they have the right to ge* rid of a portion of it, if it is not -- does not --is not part of their goal or mission and doesn't fit into their program. Occasionallyz you get a take-it-or-leave-kt thing. Xou know, for instance, buying a l24 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 stretch of railroad property. The railroad doesn't want to sell you just part of it) they want to sell you all of it.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Karpiel.
Well, when you say acquire it, I mean my concern is acquiring it by buying it or purchasing or whatever. But it's a different thinq to condemn it and then not use it or sell it.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.
Well, this unit of government, unlike a Forest Preserve, has almost never used condemnation, and we also amended the bill to provide a two-thirds vote whenever they do, if they ever do use it in the future. We are very sensitive to that, and that is not a problem in our area and has not been a problem in our area. Lake and Kane, it has been a problem, but not in our area.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Schaffer may close.
This is an important bill to the future of one of the largest counties in the State that's developing very quickly, and We would appreciate your support.
PRESIDING OFFICER: (SENATOR DEMUZIO) Question is# shall Senate Bill 22G pass. Those in favor wil1 vote Aye. Those opposede Nay. The voting is open. Have all voted who wish? Have a11 voted who Wish? Have al1 voted who wksh? Take the record . On that questkony the Ayes are 40 -- 46, the Nays are 2, none voting Present. Senate Bill 220, having received the required constitutional majority, is declared passed. Senate Bill 226. On the Order of Senate Bills 3rd Reading is Senate Bill 226: Mr. Secretary. Read the bill, please. l25 STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7y 1989
ACTING SECRETARY: (MR. NAPRY) Senate Bill 226. (Secretary reads title of bi11) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Ralph Dunn.
Thank you, Mr. President and Members of the Senate. This bill does just what he said -- read in the analysis of it. Deletes a three-hundred-dollar limit on funds that a county board can appropriate for abandoned or neglecked cemeteries. Due ko a change in the law in our consolidation loan, PA -- Public Act No. 84-163, we changed it so that they could no longer levy and collect and tax for any more than three hundred dollars. Union County requests I do this. They spend or have been spending seven or eight thousand dollars a year on cemeteries, so this Would correct a mistake that we made. I'd urge an Aye vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 226 pass. Those in favor Will vote Aye. Those opposed, Nay. Qhe votkng ts open. Eave a11 voted Who wish? Eave a11 voted wbo Wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 55: the Nays are nothing, none voting Present. Senate Bil1 226, having received the required constitutional majority: is declared passed. Senator DeAngelis, for what purpose do you arise? SENATOR DeANGELIS: A point of personal privilege, Mr. President. don't know if anybody else has had this problem, but I notice that with the new system: When you Eay, ''Have all voted Who Wish?'' and the Secretary hits that button: it cuts out earlier than our o1d system. And notice there's been a greater number of people not voting l26 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRRNSCRIPT 31st Legislative Day May 17, 1989 recently: who I think intended to vote. And I got caught twice myself on that koday. So Ilm just wondering if the Secretary would count one thousand, and then hit the button, so that we can get on a roll call. I got on the last one, but 1...
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator DeAngelis, we were having *he same eonversation awhile ago on our side of the aisle, and we arew you know, we are very pleased to learn you're havin: the same problem, too. Because we didn't want to have one side to bave the more disadvantage than the other. But you're absolutely correct; the system is a little slower than it has been in the past. I got caught nyself this morning on a bill, so We will -- bokh Secretaries are here, and -- and we'll take the approptiate consideration on of your request. Senator DeAngelis. SENATOR DeANGELIS: am pleased to find out that the nonfunctioning is nonpartisan.
PRESIDING OPPICER: (SENATOR DEMUZIO) Yes. A1l right. 3rd Reading. Senate Bill 228. Senator Joyce. On the Order of Senate Bills 3rd Reading is Senate Bill 228. Mr. Secrekary, read the bill. ACTING SECRETARYJ (MR. NAAQX) Senate Bill 228. (Secretary reads tktle of bill) 3rd Reading of the bill.
PRESIDING OEFICER: (SENATOR DEMUZIO) Senator Jerome Joyce.
Thank you, Mr. President. This is a -- a bait-and-switch bill that the meat and poulkry industry have asked forg and it's the intent to close three loopholes processors and sellers have been using to circumvent the Meat and Poultry Inspection Act. I1d be l27 STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 happy to answer any questions.
PRESIDING OFPICER: (SENATOR DEMUZIO) Is there dîscussion? Senator Donahue.
Thank youz Mr. President. I would just say that this is a good billz and ask for our side to...
PRESIDING OPPICER: (SENATOR DEMUZIO) Further discussion? If nokr the question is, shall Senate Bkll 228 pass. Those in favor will vote Aye. Those opposed, Nay . The voting is open. Have a11 voted who wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that questions, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 228, having received the required constitutional majority: is declared paGsed. Senate Bill 231, Mr. Secretary. On the Order of Senate Bills 3rd Reading is Senate Bill 231. Read the bill, please.
ACTING SECRETARY: (MR. HAKRY) Senate Bill 231. tsecretary reads title of bi11) It's 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Jerome Joyce.
Yes. Thank your Mr. President. This -- this bill creates the State pheasant stamp. Fifty percent of the funds goinq to aid groups like Pheasants Forever. It's the only one right now that is in existence in the State. It's very similar, in fact, exactly like the -- the duck stamp that we have in this State. And the money is hopefully going to be spent for nesting areas. habitat, and that sort of thing. Ifd be happy to answer any questions.
PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? senator Donahue. 128 STATE 0F ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Thank you, Mr. President. I have a question of the sponsor.
PRESIDING OPFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Donahue.
Senator Joyce, I think we -- we al1 know that this is somethinq that We support and feel very comfortable with, but we're hoping -- or asking the question, 'fDo you have any plans to aRend this in the Housey or have it amended that will deal With a habitat stampz instead of just specific to pheasants?''
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.
ïes, the -- the Department has talked to me about that, and I don't know right now. As this thing goes along, you know, there aren't other -- other agency or other groups like pheasants Forever. I know *here's a Quails Forever, but I don't know that there's a chapter in the State of Illinois. No one has talked to me about that, and -- and it's certainly open for discussion. Yes.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue.
Well, we feel khat there are a number of various hunting orqanizations and such that Would benefit from this type of thingr and we're hopin: that we will be able to come to some accommodatkon. Othet that that, I would -- I Would support thks .
PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Purther discussion? Senator Thomas Dunn.
Question of the sponsor, Mr. President.
PRESIDING OPFICER: (SENATOR DEMUZIO) 129 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17y 1989 The sponsor indicates he will yield. Senator Thomas Dunn.
Whicb -- which sex ks going on the stamp? Which sex is going on the stamp? The hen or the cock?
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator, it must be a rhetorical question. Further discussion? Senator Davidson.
A question of the sponsor.
PRESIDING OFPICER: (SENATOR DEMUZIO) The sponsor indicates that he's yielded enough, but hedll take one more. Senator Davidson.
Two questions, Senator Joyce. One, I understand that the sportsmen 's coalition, khich is a coalition of about fifty or sixty outdoor conservation, huntins groups, etc., had made approach to you to look at a habitat stamp, rather than just say a pheasant stamp. Also: this isn't a question, but for your information, it's Quails Unlimited, and there's a number of chapters in Illinois. If you donlt belong to one, 1.11 be glad to take your dues to belong to the chapter here in Sangamon County. But would like to know Whether youfre givin: any consideration to changing this to a habitat stamp, so quail hunters, which I happen to be one, and people who are rabbit hunters and other people could have an opportunity to participate kn this. As this is. we're eiEher qoinq to have a hunting license that's gonna be ten feet with each individual stampsz or else we could solve this wikh having a habitat stamp that Would help all wildlife.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.
Thank you, Mr. President. Senator Davidsong Senator Donahue 130 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31sE Legislakive Day May l7, 1989 just asked that same question, and I told her that I was considering it. ïes. And We'd certainly want the five bucks from the quail huntersg I Would think, so...
PRESIDING OFFICER: (SZNATOR DEMUZIO) Senator Davidson.
Well, the question I really wanted an answer to, Senator Joyce, did the lobbyists, or the sportsmen, or whoever it is# correct title for the gentleman, from the sportsmen's coalition kalk to youg or make an approach to you to make this a habitat stanp, and What was your response?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce, for the third tine.
Yes, the same response that I just am gonna give for the third time. -- I'm considering it. Yes, he did talk to me, but he said he would back to me with more, you know, names and so forth . And no one has gotten back to me yet.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Joyce may close. The question is...
A favorable roll call, please.
PRESIDING OPPICER: (SENATOR DEMUZIO) The question is, shall Senate Bill 23l pass. Those in favor will vote Aye. Those opposed: Nay. The votin: is open . Have all voted who wish? Have al1 voted who wish? Have all voted who Wish? Take the record. Qn that question, the Ayes are 57# the Nays are none, none voting Present. Senate Bill 231, having received the required constitutional majorityy is declared passed. Senate Bill 243. On the Order of Senate Bills 3rd Reading is Senate Bill 243: Mr. Secretary. l31 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
ACTING SECRETARY: (MR. HAQRY) Senate Bill 243. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Daley.
Thank you, Mr. President and Members of the -- of the Senate. Senake B1ll 243 would transfer responsibàlity for giving veterans preference in employment with the Sanitary District from the Civil Service Board to the Director of Personnel. I'd be happy to answer any questions.
PRESIDING OFPICER: (SENATOR DEMUZIO) Dlscussion? Senator Fawell.
Thank you very much. Will the sponsor yield for a question?
PRESIDING OFEICER: (SENATOR DEMUZIO) The sponsor indicates he will yield. Senator Fawell.
Senator Daley, first of all, Welcome to the to the Senake. I believe this is your first bill. I Would like to ask you a couple of questions. First of all, is this going to be a vehicle bill of any kind?
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Daley.
It is not.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Pawell.
When you talk about veteranss are you talking about veterans - both male and female? 132 STATE OF ILLINOIS 86th GENERAL ASSEMBL; REGCLAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 PRESIDING OPFICER) (SENKTOR DEMUZIO) Senator Daley.
Yes. It's -- it's all veterans.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further -- Senator Fawell.
What about -- What about nurses? Are they included in this? If a nurse wants to work for the Metropolitan Sanitary District, will she be also considered a veteran?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Daley.
Whatever -- Whatever veterans are covered noW by the Sanitary District Would be covered under this bill. PRESIDING OFFICERI (SENATOR DEMOZIO) A11 right. Further discussion? Senator Schaffer.
Senator, is -- is this the bill that al1 the veterans' groups are so worked up about?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senaeor Daley.
It is.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator sehaffer.
Is ehis the -- the group that's picketing Senator Rock's Office at this very moment? Is this the bill that has eaused them so much unhappiness?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Daley. l33 STATE 0F ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 j SENATOR DALEY: ! In support of it. A1l -- al1 of the senators they 're picketing.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.
Hoyl Buk they have the tar and the feathers in the hallway? Is this an honorarium theylre preparing for the sponsor?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Daley. All right. SENATOR DALEYI No, for you.
PRESIDING OEFICER: (SENATOR DEMUZIO) Further discussion? Senator Barkhausen.
Mr. President, will the sponsor yield?
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he Will yield. Senator Barkhausen.
Senator Daley, looking at the synopsis of this bill, I -- I Would have some concern that you seem to be removing this particular function from a Civil Service Board to a personnel director. Does that mean welre taking some jobs out from under Civil Service protection, and potentially subjectin: them to some possible patronage abuses? PRESIDING OFFICERZ (SENATOR DEMUZIO) Senator Daley.
No. This has been the practice of the districte of givin: veterans preference. So Ehere would not be any abuse of the patronage.
PRESIDING OFFICER: (SENATOR DEMUZIO) l34 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May 17, 1989 Senator Barkbausen.
Has the Civil Service Board been doing an inadequate job of performing this function?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Daley.
The Director has always done this: and What wedre doing in this bill is just merely conforming the Statute to What has always been practice.
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Barkhausen.
Are -- are these jobs now under Civil Service protectiony and will they continue to be# or -- or are they not now under Civil Service protection? And what will be their future status?
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Daley.
This does not have to do with Civil Service protection. It deals with veterans preference in employment.
PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discusskon? Senator Jacobs.
One question of the sponsor, if I may. Will he yield?
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Jacobs.
Senator Daley, does this, in any way, involve the Chicago Art Institute?
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis. l35 STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Will the sponsor yield for a question? Did you say that -- your bill wil1 now legalize what was done illegally before?
PRESIDING OFFICER: (SCNATOR DEMUZIO) Senator Daley.
I don't think it was illegal. It was just -- this bill just -- this bill merely conforms to Statute what has -- was the practice. I don't think it was illegal. PRESI9ING OFFICER: (SEXATOR DEMDZIO) Senator Geo-Karis.
Senator Daley, is this your first bill?
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Daley.
Yes. Yes it is.
PRESIDING OPFICER: (SENATOR DEMUZIO) Purther discussion? If not, the question ks, shall Senate Bill 243 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 voted -- oh, my goodness. Have al1 voted Who wish? Have a11 voted who vish? Have a1l voted who wish? Remember this thing's a little -- Have all voted who wish? Have all voted who wish? Take the record . On that question, the Ayes are 57# the Nays are none, none votinq Present. Senate Bill 243, having received the required constitutional majority, is declared passed. Senake Bill 244. Mr. Secretary, read the bill. Senate Bills 3rd Readkng.
ACTING SECRETARY: (MR. NADRY) Senate Bi11 244. (Secretary reads title of bill) 3rd Reading of the bill. 136 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31sk Legislative Day May l7, 1989 PRESIDING OFPICERZ (SENATOR DEMUZIO) Senator Daley.
Mr. Preskdent and Members of the Senate, Senate Bi1l 244 is -- i ' Senate Bill 244 states that When no candidate is to appear on the I ballot for an office, any person intending to seek such office as a Write-in candidate shall provide written notice of intent to seek the office as a write-in candidate with the proper election authority.
PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? Senator Dudycz.
Thank ypu, Mr. President. Senator Daley's correct. This is a noncontroversial initiative of the State Board of Elections, along with the next bill, 245, and We urge its unanimous support.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If noky the question is, shall Senate Bill 244 pass. Those in favor will vote Rye. Those opposed, vote Nay. The voting is open. Have a1l opened who wish? Have all voted Who wish? Have a11 voted Who Wish? Take the record. On that question, the Ayes are 55, the Nays are none, none voking Present. i Senate Bill 244, havlng received the required consEitutional majority, is declared passed. Senate Bill 245, Mr. Secretary. On the Order of Senate Bills 3rd Reading.
ACTING SECRETARY: (MR. HAKRY) Senate Bill 245. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR DEMUZIO) 1 Senator Daley.
Mr. President and Members of *he Senate, SenaEe Bill 245 is a l37 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislakive Day May l7, 1989 State Board of Elections initiative. What it states is that the State Board of Elections may select as many election jurisdictions as it deems advisable, in order -- in order to provide -- have a special test of the automatkc tabulatkn: equipment and programming. At now -- presentlyr they dre limited to only ten percenk, and the Skate Board believes that if they have the authority to administer the -- the elections, that they should not be limited to ten percent.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall Senate Bill 245 pass. Those in favor wàll vote Aye. Those opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have al1 voted Who Wish? Take the record. On that question, the Ayes are 56, the Nays are none, none voting Present. Senate Bill 245, having received the required constitutional majority, is declared passed. Senate Bills 3rd Reading. Senate Bill 247, Mr. Secretary. Read the bill, please.
ACTING SECRETARY: (MR. NAPRV) Senate Bill 247. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Daley.
Mr. President and Members of the Senate, Senate Bill 247 allows khe Sanitary Dîstrict of Greater Chicago, by a two-thirds vote, to make -- transfers of appropriate funds between department between departments. Presently they are...limited only within a department.
PRESIDING OPFICER: (SENATOR DEMUZIO) Al1 right. Discussion? If not, the question is# shall Senate Bill 247 pass? Those in favor will voke Aye. Those opposed, Nay. l38 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TFKNSCRIPT 31st Legkslative Day May 17, 1989 The votin: is open. Have all voted Who Wish? Have all voted who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 56, the Nays are none, none votin: Present. Senate Bill 247, having received the required constitutional majority, is declared passed. Senate Bill 248. 249. Senator Joyce. On the Order of Senate Bills 3rd Reading. 250. On the order -- bottom of Page 14. Senate Bills 3rd Reading. Senate Bill 2-5-0, Mr. Secretary. Read the bill.
ACTING SECRETARY: (MR. HADKY) Senate Bill 250. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR DEMDZIO) Senator Joyce.
Thank you, Mr. President. This requires the Departmenk of Public Hea1th to issue permiks for the construction and operation of all water wells kn khe State OE Illknoks. Currently, only potable water wells are -- have to be registered. There -- tbere are many, many irrigation wells being drilled now that we just don't know where theylre at, and I think that this is something that we ought to do. The Agency supports it, by the way.
PRESIDING OPFICER: (SENATOR DEMUZIO) Discussion? Senator Donahue.
Thank you, Mr. President. I rise in opposition to this bill. We feel that it is technically flawed, and I would correct one statenent, Senator Joyce. The Department supports the concept , but we have other legislation that is coming that they support that does it correctly, and does the way I think we al1 want it to. We feel khat this is flawedz and there's better things coming: guys. Thank you. 139 STATE 0P ILLIXOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Discusskon? Purther discussion? If not, Senator Joyce may close.
Well, 1et me read to you what the Department says . The Department position support the Department currently issues permits for the construction of potable water wells. The Deparkment of Mines and Minerals issues permits for the construction of nonpotable water wells. This amendment is needed so that the permittinq of all water wells is performed by the same agency. Since the Department of Public Health regulates water wells construction and licensed drillers, ik is appropriate that al1 water Wells permits be issued by the Department. Legislation is also being supported by Mines and Minerals whkch would delete thekr authorkty to issue permits for the construction of nonpotable wells. Now, we need to know where wells are being drilled in the State of Illinois, and that's al1 this says -- is that any well that's drilled it gets registered With Public Health. We have a11 kinds of problems surfacing al1 over the State where khere is shortage of -- of water, and we don 't know Where the wells are being drilled. I mean, this is ridieulous to oppose thîs, and I Would ask an Aye vote.
The question is, shall Senate Bill 250 pass. I be: your pardon. Senator Donahue. For a second time --
Mr. -- and I do apologize for the second time, but I -- as stated, they're not opposed to the -- Ehe concept of what youdre trying to do. Theydre opposed to this legislation. And Senate Bill 1036 and Senate Bill 1124 are bills that are comin: down that are better. Illinois Department of Mknes and Minerals and Illinois Department of Public Hea1th support those, too. l40 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day Kay 17, 1989
All rkght. The question is, shall Senate Bill 250 pass. Those in favor w1ll vote Aye. Opposed, vote Nay. The votin: is open. Have a11 voeed who wish? Have a11 voted kho wish? Have a11 voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 29 Ayes, 23 Nays, 2 voeing Present. The sponsor requests that further consideration be postponed. So ordered. 252. Senator Rea. 254. Senator Holmberg. Qn the Order of Senate Bills 3rd Reading, top of Page 15e Ladies and Gentlemen is Senate Bill 254. Read the bill, Mr. Secretary: please.
ACTING SECRETARX: (MR. NAPRY) Senate Btll 254. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Holmberg.
This bill. Senake Bill 254, is an outgrowth of deltberations by the Teacher Certification Board, and was brought to us by the State Board of Education. It basically sets up procedures for early childhood education proqrams, and teacher cerkification procedures. Allows teachers that are holding elementary certificates with experience in kindergarten, or preschool, or baccalaureate degrees in child development, to eeach early childhood programs. It prohibits holders of DCFS licensure from being hired for khese public school programs after the effective date. By July lsk of 198, a11 teachers in these programs shall hold early childhood certificates. It also provides Teacher Certification Board with additional procedures for conductinq revocation hearings and exempts from the Act the part of the meetings of the State Teacher Certàfication Board in which l4l STATE 0F ILLINQIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislatize Day May l7# 1989 suspension or revocation of an individual certificate is deliberated. PRESIDENT ROCKI Any discussion? Senator Bawkinson.
Thank -- thank you, Mr. Presidenk. I -- I asked a question on on 2nd Reading on this amendment. My question was, are the agencies and the employees licensed separately, so that if a certified employee who was grandfathered in under this bill, lost his or her job: they could maintain kheir license and still be grandfathered in as long as they kept their oWn certificate up. ehink my skaff now tells me that the -- it was answered incorrectly, ande in fact, if they lose their job because a child care agency goes out of business or they're laid off or something, that they will no longer be grandfathered in. And I -- I guess thak causes me some concern: and I'd ask -- would ask the sponsor why someone who has been qualified and perhaps wants to switch jobs should not be grandfathered in.
Senator Holmberg.
Thank you -- thank you, Senator Hawkinson. ïes, we did go back and -- and get, you know, verification of your question, and got a little different interpretation. One of the things that We do knok is that if the'-- if the employee Wishes to go to another day care center that is noe a problem. The problem will be if they are involved is the public school program, and they leave -- and they leave wiEhout gekting their early childhood certification. Then they -- they Would not be able to be reemployed.
Further discussion? Senator Fawell. 142 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Tbank you very mucb. As a -- as a former kindergarten teacher, -- I agree with th' e concept of this bill. There is a difference between elementary and secondary education certificates and early childhood certificates. It's a -- it's a good idea and well worth supporting, and I sugqest people on my side do support it.
Further discussion? Senator Kustra.
Thank you, Mr. President, Members of the Senate. As my analysis shows, this bill is part of the agenda this year of the state Board of Education. I think itls a good piece of legislation. Welre spendinq more and more time findinq ways of fundinq early childhood education. It's absolutely critical that the people we entrust to these children's care are properly prepared and certified. This bill does that, and I urge an Aye vote.
Further discussion? Any further discussion? Senator Holmberg, you wish to close? The question then is, shall Senate Bill 254 pass. Those in favor kill vote Aye. Opposed will vote Nay. The voting is open. Have a11 voted who Wish? Have all voted who Wish? Have a11 voted who Wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Presenk. senate Bill 254, baving reeeived the required constikutional majority, is declared passed. 257. Senator Luft. On the Order of Senate Bills 3rd Reading is Senate Bi11 257. Read the bill.
ACTING SECRETARX: (MR. HANRY) Senake Bi1l 257. (secrekary reads title of bill) 3rd Reading of the bill. 143 STATE 0F ILLINOIS 86th GENERAL ASSEMNLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Can I ask that the conference be -- please. Please. Senator Luft.
Thank you, Mr. President. Let me begin by saying that Senate Bill 257 is a vehicle bill. It's designed to satisfy ehe correctional problems we have in the State of Illinois. Specifically, referring to a bill that we passed in the Senate which established the Regional and County Correctional Pacilities Assistance Programz and then a House bill that established the County Jail Revolving Loan Fund, administered by the Department of Corrections. What the vehicle does at this point is increase the General Obligation Bond authorization for correctional facilittes to two hundred million dollars. We expand the Correctional Facilities Grant and Loan Programs to lnclude juvenile centers. We impose an additional penalty of ten dollars for each forty-dollar fine imposed for a conviction of felonies, misdemeanors and traffic offenses, to reimburse the General Revenue Pund to pay for the bonds. As I stated at the beginning, this is a vehicle. We hope to satisfy the problem wedre addressing in a conference committee later on, and I would ask that we pass Senate Bill 257 at this time.
Any discussion? Senator Hawkinson.
A question of the sponsor, please.
Indicates he Will yieldy Senator Hawkinson.
Senator, some counties, fairly recently, have handled their own problems with jails and -- and others and have built new - new facilitles, and wouid bave some deb: tba: theylrê paying off. Is l44 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 there some consideration going to be given those counties in this process, or are we only goin: to deal with eounties that have not yet addressed their problens?
Senator Luft.
Thank you, Kr. President. This bill speeifically deals With thae situation. Those eounties that have already established their facility, and may have a higher interest rate, wlll be able to access bonding through the Illinois Development Finance Authority at a lesser rate. Qhe revenues produced by the fines we're talkinq abou: - part of them will go to relieve the bonds for that purpose also.
Any further discussion? Further discussion? If not: *he question is: shall Senate Bill 257 pass. Those in favor will vote Aye. Opposed: vote Nay, and the voting is open. Have all voted who wish? Have all voted kho Wish? Have a1l voted who Wish? Take the record. On that question, ehere are 57 Ayes, no Nays, none vokin: Present. Senate Bill 257, having received the required constitutional majority, is declared passed. 2-6-7. Senator Rigney. On the Order of Senate Bills -- 3rd Reading is Senate Bill 267. Read the bill, please.
ACTING SECRETARY: (MR. HAPRY) senate Bill 267. (Seeretary reads title of bill) 3rd Readkng of the bill.
Senator Riqney.
Well, Mr. President, this is one of these bills that from time to time you pue ln for one of your constituents, but I khink l45 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 probably the good part is that there's quite a few people in the State that will be affected by One of my constituents, who is president of a school board, is golng to buy the local True Value Hardware Store from his father, and When he buys it, he's going to be limited to no more than five hundred dollars worth of materials within a year that they will be able to purchase from that local hardware store. Nov, kf this individual were serving in municipal qovernnent or county government, they could do up Eo two thousand dollars worth of business every year with that hardware store. So what we're doing here is just sayinq the school board people will be treated the same as other local officialsy and it'll raise this limit to two thousand dollars. We do not, in any way, affect any of the other limitations upon doing business with members of school boards.
Discussion? Senator Etheredge.
On a point of personal privilege, Mr. President.
State your poàntp Sir.
In the gallery over here on the Republican side, I have groups from two schools in Aurora - a group from St. Peterês School: under the leadership of Sister Elise, and a group from Annunciation School under the direction of Sister Ann, and their parents. And I would like for them to rise and be recognizede please.
Will our guests please rise and be recognized. Welcome to Sprinqfield. All right. The question is the passage of Senate Bill 2-6-7. Discussion? Senator Joyce.
146 STATC OF ILLINOIS 86th GCNERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 Yes. First: I have a point of personal privilege on the same matter. In the back of the President's Gallery there's a St. Ann High School. Mrs. Sowell is the teacher. If they Would stand and be recdqnized.
Wi1l our guests please stand and be recogniaed. Welcome to Springfield. Senator Joyce.
ïes. Thank your Mr. President. NoW I have a question on the bill ko khe sponsor. I guess maybe it's more of a comment. Welre now allowing a confliet of interestr it Would seem to me: eo go to two thousand dollars rather than just five hundred dollars. And I think people on this side of the aisle ought to be aware of what what we're doinq here, and, in fact, what we have been doin: for the last several minutes here. think it is -- would be appropriate that We would kind of wake up here and see that, you know, this is a conflict of interest. I don't know. Maybe they ought to require an ethics statement or something. But I would suggestv Members of this side of the aisle, that We vote againsk this.
Further discusskon? Any further discusskon? Senator Rkgney, you may close.
Well, I don'k know if ke look upon a banmer and a fek bolts and nails and so forkh as being a conflick of inkeresE, but I guess maybe tbe fact that we're just simply goin: to equalize it with all other units of government at two thousand dollars . suppose we ought to do one or tWo things - either brin: thts up ko two thousand, or bring a1l the others down to five hundred. Frankly, I think the two-thousand-dollar level makes sense, so I ask for an Aye vote. 147 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislatkve Day May l7, 1989
The question is, shall Senate Bill 267 pass. Those in favor will vote Aye. Opposed: vote Nay, and the voting ls open. Have all voted who wish? Rave al1 voted Who wish? Have al1 voted Who Wish? Take the record. On that question: there are 34 Ayesy 20 Naysr none voting Present. Senate Bill 267, having received the constitutional majority, is declared passed. 270. Senator Berman. On the Order of Senate Bills 3rd Reading is Senate Bill 270. Read the bill.
ACTING SECRETARY: (MR. NAKRY) Senate Bill 270. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Berman.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill deals With crime on the CTA Chicago Transit Authority. Almost on a daily basisr we hear either in the press, the TV , khe radio, or from friends. the overall fear of being assaulted, attacked, When We ride the CTA: Whether it be the Els or the buses. Once in a while, and too often, we read about terrible crimes on the CTA - serious assaults, rapes, and murders. This bill was heard in the Transportation Committee. I think there were six Members present at that time. The two witnesses that I presented on behalf of this bill - one was a expert in public transportatione and the other was the widow of Bruce Plantenberger - a young lawyer from 0ak Park who was killed last year While riding the late Dan Ryan train home from the loop. At the present timeg ladies and gentlemen, as the result of a Suprene Court decision last year, any injury that you suffer as the result of a criminal act on the CTA - you cannot sue the CTA. Regardless l48 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatize Day May l7, 1989 of how negliqene they are, regardless of how disinterested they are in providing some degree of protection for their passengersp you cannot sue the CTA. It's crazy: but that's What the Supreme Court said. This bill addresses in restricted lanquage the situation - not khere therels a chain -- a gold chain pulled off of a rider, or even a purse snatch - this bill doesn't anything in those cases. Qhis bkll is linkted to serious bodkly injury which would include, of course, death or disfiqurement. That is a precondition of this bill. The other condition is that when the authority - the CTA - has notice that an area is unsafe because of past criminal activity within that area in the previous three yearsy and when, because of a failure to provide adequate police proeeceion or security, or to correct the physical condition causing the area to be unsafe, a person is personally injured, or disfigured, or is killed, that's only the time that a lawsuit could be brought against the CTA. Ladies and Gentlemen, this is probably one of the most important bills that your constituents, if they travel the CTA, Wants you to vote for. Because Wlthout this, the CTA doesn't have to give a damn about the safety of the buses, the Els, the platforms, or the stations that you and I and our voters use. I ask your Aye vote, and be glad to respond to any questions.
Discussion? Senator Hawkinson.
Thank you, Mr. Presidenk. I rise reluctantly in opposlkion to this bill, because I agree with virtually everything the sponsor saidz except when he said that they're reinstating it in ''restricted language.'' The language is not restrictivez and is so wide as to open the entire system for liability, because I can't imagine any bus, or any train, or any platform, or any station where there hasn't been some problem within three years. The fact l49 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 is khat in our Tort Immunity Statute, normally you do no* sue local governments for failure to provide police protection. There are limited exceptions, and the problem that the Senator is seeking to address is because the Supreme Court has held that that limited exception does not apply to the CTA. And so there is a problem that needs to be addressed, and it could be done, I suggest. And I think the sponsor's willing to work on this further down the road and in the House. It could be done by using Supreme Court language to narrow the area of liability to those cases where khe system has actual knowledge of a problem that is going on. And examples that have been given, such as a bus driver who has knowledge of a problem and refuses to do anything, should fit exactly within that parameter, and there ought to be liability. But if someone burglarizes your home, you canno: sue the police for not being there. If a crime is committed on our buses downskate or on our streets, and a crime has been committed there before, there is no liability against that unit of government. This would open up a Pandora's box, and make us the guarantors, dollarwise, for failure to provide poliee eoverage. But there ls a specific problem here. suggest that can be done with narrow language, and probably the narrow language that is found on Page 1 of the amendment, that says, 'lto any extent any provision of the Metropolitan Transit Authority Act is inconsistent With this Section: the provisions of that Aek shall control, ''or something to the contrary, and then narrow -- a narrow scope of liability. But to say that that anyk crime Within three years at that location opens you up to liability, thinkp just qoes too far. And I would hope that there would be more restrictive language, so we can put the CTA in the same posture with all other units of government, and -- and not open it up this wide
150 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7, 1989 Further discussion? Senator Joyce.
Thank you, Mr. President. Senator Hawkinson has said most of what I would say. would just remind the Members, any -- particularly those from the City of Chicago, you will have twenty lawsuits coming off every line every night in the City of Chicaqo if you have somethin: like this. This is totally unenforceable. There's no way to deteet What is going ony and I would suggest there is a problem, as Senator Hawkinson has said. Once the pokential defendant is put on notice, you know, we can proceed from that point, but at this point, I would sugqest that We turn this down.
Further discussion? Senator Dudycz.
Thank you, Mr. President. A question of the sponsor.
The sponsor indicates he will yield. Senator Dudycz.
Senator Berman, I'd like a clarification on your explanation. -- heard you right, you said that this bill Will allow the citizens to sue the CTA if a citizen is injured on CTA property, if they are injured by a act of -- of just breaking the law, of somebody robbing them or injuring them in some way. Is thab correct?
Senator Berman.
Robbery isn't covered here. Only if you're injured as a resulk of a criminal act, where the CTA knew that the area was ptone to crime and doesn': do anything to -- to address the -- *he criminal in dangerous area where that takes place. l51 SQATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Senator Dudycz.
But the responsibility of the security on the CTA property is to the Chicaqo Police Department. Is that not correct? PRESIDENT ROCKI Senator Berman.
No, and that's just the reason this bill is here. When you pay a dollar to get on the -- to ride the CTA, youfre entitled to some degree of protection from criminal acts. The CTA has seen fit to contract with, or work out a deal with, the Chicaqo Police Department, but that doesn't relieve the CTA of their responsibility to kheir passengers. And, in fact, 1et me point out to you: in the item that I passed out here, the -- the Chicago Police Department in its discretion has removed forty officers from the CTA patrol now. Why? Because it's the summertime. They need those policemen to patrol the beaches, and, therefore, there's even less protection on the CTA. While I Would Buggest to you When you pay a fare on the CTA, the CTA is responsible to provide a reasonable degree of protection for you as the fare-paying customer.
Senator Dudycz.
Well, Senatory then jusk for khak same reasone khe p/rson who is suing the CTA ean inelude the Chicago Police Department also, if they are withdrawing their police officers from patrol. I take it that they can say, ehat the person who is suing can say: ''Well, since you removed the security that Was on the CTA property, you are part of the lawsuit.l'
l52 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 Senator Berman. guess. Was that a question?
Senator Dudycz, as a lawyer, the answer fs no, you couldn't.
Further discussion? Senator Raica.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. The question; first, before a comment, can will he yield?
The sponsor indicates he Will yield, Senator Raica.
Senator Berman, hoW long a:o did the police department remove these individuals from the CTA platforms?
Senator Berman.
I'm reading from an item in the Chicago Tribuke dated April 19th, khere it was announced that they Were disbanding a special strlke force formed last fall to patrol the Chicago Transit Authority Lines.
Senator Raica.
I Mr. President and Ladies and Gentlemen of the Senate, wouid have to agree with senator Joyce, and ak Ehis Eime. aE least, vote aqainst this bill. There's a new administration in the City of Chicago. I know that a lot of the effortls being put by the new mayor and the organization are against the criminals who have been invadin: the CTA properties and all the other various problems that they have Within the City of Chicago. And I would very -- I don't know if this Would cause harm to the neW l53 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 administration and what they're attempting to do. For that reason, I would like to -- I would just ask for a No vote at the present time, to see what changes are going to be made Within the administration.
Further discussion? Senator Collins.
Thank you, Mr. President and Members of the Senate. I rise in support of -- of this bill. Not necessarily ignoring some of the problems are legitimate problems which has been raised by several of khe Members here. But I think the basic concept and philosophy behind what Senator Berman is trying to do here is right. The only reason that the Chicago CTA is noW -- probably have immunity is because of the -- the cost factors involved, and many of you raised before, and that is true. But when you talk about and consider the lives and safety of the people Who ride that system, and you pit that against the cost, then I think that the rational, and sane, and fair thing to do is to be more considerate of the welfare of the people who are forced to ride that system. And Eheir lives and safety should not be pitted against or determine the worth of that of whether or not the CTA has money. Now, I'm for one Who feel that this bill should, in fact, stay alive. We should work on it. There's no doubt about it. There are some problems in it, but at this point, I think it should proceed through the system. And the fact that We do have a neW adminiseration - it will send a message, and I think would focus on and highlight the urgency of the neW administratlon working with the CTA, to try and come up with better means of security and protection on the CHA -- I mean CTA. Nowy it Was my district back here not long ago where -- and I think it becomes a different story once you are faced -- faced head-on -- face-on with your constituents of survivors who have to -- who's been -- someone has l54 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 been killed or maimed by riding the CTA and, find out that there's absolutely no help, no nothing, no support after all of this is over. The person is deady and whether or not there are expensive hospital bills, to say that no one is responsible for paying for think is absolutely wrong. We do have to keep this bill alive, and move kt on to the House, and then work with the sponsor, work with the new administration and the CTA, to see What we can do to ensure and protect the safety and welfare of the passengers that ride CTA in Chicago. And for that purpose, I skrongly support Senate Bill 270. PRESIDENT ROCKI Further discussion? Senator Barkhausen.
Kr. President and Kembers, too, rise in opposition to this bill. Most of my comments have been made by the other speakers. So 1111 1'11 be brief. I would simply point out that the -- the costs of this legislation, if it were to be passed and approved, would be -- Would be really substantial. Not only in the possible costs of judgments against the CTA, but even to a greater extent, the cost of actually simply defending the lawsuits. The cost of merely defending one lawsuit could very easily, in many or most cases, equal the salary of one patrolman on the CTA. So I would -- I Would suggest that the the best way to protect our citizens is not to open up the CTA to liability; the best way to do it is to try to provide the -- the kknd of polkce protection that I'm sure many of us have confkdence that the new city administration, working with CTA officials, will provide to these individuals. To the extent we open up the CTA to this Widespread potential liability, we not only raise the potential cost to the patrons of the system through higher fares. We all recognize that the system these days is substantially subsidized by residents of the ckty and the region, and -- and 155 STATE OF ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 3:st Legislative Day May l7# 1989 yes, even the State. So it is a cost that all qf us throughout the State would bear, and I ask you a11 to -- ko keep that in mind in urging you to vote against this legislation.
Purkher discussion? Senator Brookins.
Thank youw Mr. President. Will the sponsor yield for a question?
The sponsor indicates he will yield, Senator Brookins.
Senator Berman, have you any idea of the cost of this legislation would -- would be to the CTA?
Senator Berman.
No. If they do a good job, the cost ls aero.
Senator Brookins.
Senator Berman, there's a line Which is called the Jackson Park elevated llne, that runs from Twelfth Street to Sixty-third and Cotkage. Is it any idea What effect this leqislation would have on that line of CTA that runs -- the E1 that runs that distance?
Senator Berman.
Yes. 1:11 eell you what this bill will do. It w111 requîre the bureaucrats at the CTA to provide some safety: some patrolmen, some guards, some security for the people that ride that line. Those are your voters. They are entitled to that kind of 156 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 proteckion.
Senator Brooklns.
'hank you, Mr. President. To the bill - thak line runs through the heart of a troubled area. In that area are unemployed youn: folks that have not got the proper education that we should be providing for them in this Chamber. It is a troubled area where khere's high unemployment, and desperate people looking for a Way out: and looking for anything, and that line runs through there. But also on the other end of that linep there are people that work, good taxpayers, tax-paying citizens that have to use that line to go to work. I can envision that what would happen is that they would cancel that routey cancel it out, not run a line through there, under the pretense of cutting cost. Nok only khat line - there's lines that run up and down the Eisenhower, that runs that way, and that same condition is happening. We have passed bills in here and has said that we are going to add more police officers to the CTA. We were proposed that. There's a a piece of legislation that will do that that is coming up . Also, we know that there is a special ôquad set aside which -- from the Chicago Police Departmenk that is not moved because of summer or What have youy Senator Berman, to give thae added protection. I can envision more protection being given and shifted where it's needed. I think that this bill, in effect, would put CTA out of business, that it would put kransportation a: a premium, and the cost of transportation out the reach of the averaqe workkng man.
Further discussion? Senator Lechowicz.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I was one of those Members that sat on the Transportakion 157 STATE OF ILLINOIS 86th GENERAL ASSEMBLI REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 Committee, and liseened to the pros and cons on this blll. I also am probably one of the few fellows that probably take the El downtown, and know firsthand some of the reservations of the average consumer - the rider of the CTA, whether it be khe bus or the El. And what their concerns are, one, they Want to have a dependable service; two, they want to make sure theydre able to get to and from work as quick amount of time as possible; and three, the most important thing in their minds is safety. As you take a look at the ridership of the CTA and the City of Chicagow your highest percentage of riders are durkng the Workkng hours in the morning and in the afternoon. After six o'clock everybody 's a little bit hesitant getting on the El. Why? Because they have a problem with security. What do I tell a family? In fact, I felk very hurt when I listened to ehis lady testify in committee about her two children. A very skronq family man, a lawyer, comin: from his loop office going home to Oak Park: a very active individual within the community, a civie leader, slain ae a very youn: period of his life. What do you tell his wtfe and two kids? Sayz ''NoW, well: yeah, your dad was a model in our community. He Was fun to be with. He *as a delightr but unforkunately under our system you have no retribution from the CTA. He took his chances and losto'' In my opinion, khae is totally Wrong. What do I tell the family when I made the Wake the young Hispanic boy that was killed on the Fullerton Avenue Bus? Knifed in the afternoon, and the bus driver didn't even try to summon the additional police aide because he didn't know Whak was :oing on in the back of the bus. There were too many kids on the bus. What did I tell that family when I saidg ''Well, I'm sorry. Youdre going to have to go to the Court of Claims, and you're going to have to get your Crime Victimfs Compensation. And we 'll give you some money from the Ward Organization to help you bury your son.'' I don't think that was right: either. What do 158 STATC 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17: 1989 you tell the young lady who was molested on a busz say, ''Well, unfortunaeely under this jurisprudence system, we don't have any recourse.'' This is your recourse, Ladies and Gentlemen. If you're concerned about the riders, you would strongly consider that if it's a terrible, heinous crime, there should be some retribution and proeection for the rider. That's who we're supposed to be representing down here - the people of Illinois who 'll be using this system, and I Would strongly encouraqe an Aye vote.
Senator Dunn.
Thank you, Mr. President. I have not heard the opponents mention the duty that the RTA or the CTA oves eo iks passengers. For those of you who do not know, in the law: END OF TAPE TAPE 5
they are what's called a common carrier, and they oWe the highest degree of care there is to their passengers, because they are, in fact, carrying people; they are not carryin: cans of soup. What this bill does is provide an incentivez a motivator: to them eo do their job. No, I don't think they ought to cancel a line because ik goes through a bad neighborhood. don't think that's being responsive. But What I do think is that maybe they'd get off their duff and put some more policemen on khere to protect the people. What are you going to tell the slain father? Nothinq. ''Hope you had insurance.l' You have no remedy - zero - none. This l59 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 will get the CTA moving.
Further discussion? Any further discussion? Senator Berman, you Wish to close?
Thank you. passed out some newspaper clippings. I've got a lot more, but I didnlt want to burden you With them. Let me tell you what's happening. Ridership on the CTA is deelining. Herefs a headline - December 22, 1988 - ''Serious crime up sixteen percent in CTA trains and stations.'' Ridershlp is down and crime is up. The people *hat speak against this are saying, l'Leave it ko the CTA.H ''Leave it to the administration.' 'Leave it tq somebody else.'' Ladies and Genklemenz this is what happens when you leave it to somebody else. Ridership goes downg because people are fearful, and crime goes up . This bill addresses not a blanket situation, but let me tell you what it addresses. If on the laee California Line, there are five rapes in the past six nonths, and tomorrow niqht somebody else is rapede and it can be shown that the CTA didnlt put any guards there, didn't put any safety measures at that -- at that place, they ought to be sued and sued heavily, because theydve encouraged that kind of crime. If on the Dan Ryan Lake Extensions there are repeated holdups at a station right in Senator Brookins' district, and every week there 's a different holdup - armed robbery, time and time and time again - and tomorrow night that armed holdup results in a guy being killed, the CTA ought to be sued and -- and Bhould be -- a judgment should be entered, if it is shown that they didn't put anybody there to protect the passengers, after all of those armed robberies. It makes sense. Don't sayy 'lThe bureaucrats Will do it.'' Because the bureaucrats Won't do it. They haven't done it. The statistics show that they haven't done it, and ridership will continue to decrease and crime will continue to increase. The :60 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 bill is limited, and I have no problem in amending the bill as suggested by Senator Hawkinson, over in the House. But let me tell you something, Ladies and Gentlemen, when we talk about good faith, I announced that the bill -- that this bill Would be introduced last December. I have been in touch With the i lobbyists for the CTA on a weekly basis. When the bill was in conmittee, I suggested to them that they give me language -- give me language that is as restrictive as they could live with. Ladies and Gentlemen, I have received nothing -- nothing. Now that is an insulte not to Senator Berman, but to this process. I ask for your Aye vote. PRESIDENT ROCK: The question is, shall Senate Bill 270 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have al1 voted who wish? Have a1l voted Who wish? Take the record. On that question, there are 25 Ayesz 27 Nays, 3 voting Present. The <-N ' sponsor has requested a further consideration of Senate Bill 270 be postponed. It will be so ordered. 272. Senator Smith. 273. 292. Senator Netsch. 293. Senator Berman. 294. Senator Marovitz. We -- we have to read the resolution in. 1'11 get to it. 297. Senator Joyce. 298. Senator Marovitz. Bottom of Page l5, Madam Secretary. 0n the Order of Senate Bills 3rd Reading is Senate Bill 298. Read the bill, please. SECRETARY HAWKER: senate Bill 298. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDENT ROCK: Senator Marovitz. SEXATOR MAROVITZ: Thank you very much, Mr. President and Members of the Senate. 1,y6y . STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7, 1989 This is basically a cleanup bill that was recommended by the Task Force on Child Support and the Legal Assistance Foundation. It's been indicated to us that judges are not applying the guidelines for child suppor: when entering temporary support orders, because the Statute doesn't specifically indicate that those guidelines apply. That's What this bill does.
Discussion? Senator Geo-Kazis.
Wi11 the sponsor yield ko a question?
He indicates he will yield, Senator Geo-Karis.
Are you saying, Senator, that under the present Statute, Chapter 40, that -- is your bill saying that if there is an order entered, it can be chanqed when there's a final judgment entered? Is that what youtre saying?
Senator Marovitz.
don't quite understand the -- the essence of your bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.
Would you repeat your question?
PRESIDING OFFICER: (SENATOR LUFT) Senator Geo-Karis.
Would you give me the essence of your bill? I -- I didn't quite understand it the way you explained it.
PRESIDING OFFICER: (SENATOR LUPT) Senator Marovitz. 162 STATE OP ILLINOIS 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 31sk Legislative Day May 17, 1989 SENATORMAROVITZ: j Again -- 1et me explain it again. Basically, what this is q saying that the -- the child support guidelines that we passed for regular, permanent orders will also be for temporary orders. The Statute wasn't clear. The -- the Task Force on Child Support and Legal Assistance asked for this: as dîd the judges, to make it i clea ! r. That's al1 this is.
PRESIDING OFPICER: (SENATOR LUFT) Senator Geo-Karis.
Are you trying to make it clear that they are permanent orders - the guidelines? This is what I'm saying. Are the guidelines going to be permanent under your bill? '
PRESIDING OFFICER: (SENATOR LUFT) Senator Marovitz.
The guidelines are permanent under Statutes that We passed. 1 They are permanent. But the Court hasn't been applyinq them to temporary orders. So they -- this makes it clear that those same guidelines should be enforced under temporary orders as well. PRESIDING OFFICER: (SENATOR LDFT) 2 Further discussion? Eurther discussion? If not, the question ' is, shall Senate Bill 298 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted who Wish? Have a1l voted Who wish? Have all voted who wish? Take khe record, Madam fecreEary. On that ques*ion, *he Ayes are 56 e none voting Nayy none voting Present. And Senate Bill 298, having received a constitutional -- majority, is declared passed. On the top of Page 16 -- on khe top of Page 16 is Senake Bill 300. i I Senator Smith. Senate Bill 300. On the Order of 3rd Reading. I Senator Netsch . 301. Ilm sorry. Read the bille please, Madam Secretary. l63 STATE OF ILLINOIS 86th GENERAL ASSRMRLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7: 1989
Senate Bill 301. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPPICER: (SENATOR LUFT) Senator Netsch.
Thank you, Mr. President. Senate Bill 3-0-1 deals with the circuit breaker. It is identical to leglslation which the Senate, and indeed the House, passed last Session. And which Was vetoed by the Governorz just as part of his general, ''I won't veto anythin: that has' -- I mean, ''I wonfk sign anything that has any dollar repercussion at a11.'' It does a very simple thing with respect to the circuit breaker. It provides that where there are two people living together who are sixty-five or disabled, and their joint income - their household - income exceeds the current fourteen thousand dollars, which is the ceiling, and takes them a litkle bit above that, that they might still be eligible for the circuit breaker. What often happens is that if there is a slight increase in Social Security benefits or in someone's pension benefit, it might mean that the -- their household income goes above fourteen ehousand. But there are still two of them, and it skill means that they can have a very difficult time in other respects meeting their expenses. So this just gives that one circumstance a -- an additional threshold, if you will, of sixteen thousand dollars household income rather than fourteen thousand. The cost is very modest. I believe it is -- I'm looking for the fiqure right now I think it is only about two million dollars or less. It does not do anythin: else to the circuit breaker except this. And I think al1 of us aqree that if, as the Session goes onr it's possible to do some addiklons to the Pharmaceutical Assiskance Act or perhaps even qenerally to raise the income l64 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSIQN SENATE TRANSCRIPT 31st Leqislative Day May 17, 1989 ceiling for the circuit breaker, that would be very desirabley and we Would like to do it. In the meantime, this is really, as much as anything, a matter of fairness to those who are just missing eligibility for khe circuit breaker. I Would be happy to answer questions. If not, Would again remind the Legislature that we did pass this last Session almost unanimously. In fackp I think we passed it on several occasions.
PRESIDING OFFICER: (SENATOR LUPT) Discussion? Senator Sehuneman.
Thank you. A question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR LUFT) She indicates she Will yield.
Senator, I -- I must be hearins this wronge but the way this came throuqh to me was that you're raisin: the threshold for people who are living toqether and not marriede but not raising khe threshold for people who are married. Did I -- did I miss something in the interpretation? PRESIDING OFFICERI (SENATOR LUFT) Senator Netsch.
You did. That is not What I hope that is not what I said. That is certainly not what I intended to say.
PRESIDING OFPICER: (SENATOR LUFT) Senator Schuneman.
Well, I -- I find that I'm not the only one that got that impression, Senator, so maybe you'd better expound on that a little bit.
PRESIDING OFFICER: (SENATOR LUFT) Senator Netsch. l65 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May l7# 1989
Lek me read you the lanquage. This is the language of the basic determination of eligibility for grants. Current law; ''Any individual. sixty-five years or older, or any individual who will become sixty-five years o1d during f84 or a subsequent calendar year in which elaim is filed, and any disabled person whose ''income -- whose -- annual household incomey'' I'm sorry,'' is less than fourteen thousand dollars.'' Thls is the new language: ''If such taxpayer is no* livin: with a spouse, or is livinq with a spouse who is not disabled. or who is less than sixty-five years old during the ealendar year, and sixteen thousand dollars if such taxpayer is livin: with a spouse who is disabled or Who is or will be sixty-five years old during the calendar yearwl' That is the new languaqe. It refers specifically to living with a spouse. PRESIDING OFFICERI (SENATOR LUFT) Further discussion? Senaeor Rigney .
Particularly to my friends on this side of the aisle: we know that there are a 1ot of various tax giveaway schemes that have been proposed in this Session of the General Assembly. Buk looking over the whole bunch: think this is the one that makes more sense than any other one single bill that's been proposed. And the qood part is itds affordable. So, if we're goin: to pass someehing in behalf of senior citizens, I think this is the one bill khat deserves consideration.
PRESIDING OFFICER: (SBNATOR LUPT) Further disaussion? Senator Netsch, to close.
Thank you. As Senator Rigney said, itls a matter of basic fairness. It is very modest cost. Welve approved it before. I hope we will approve it again.
PRESIDING OFFICZR: (SENATOR LDFT) l66 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7: 1989 A11 right. Tbe question is, shall Senate Bi'll 3-û-l pass. Those in favor Will vote Aye. Those opposed: vote Nay. The voting is open. Have all voted who kish? Have a1l voted who wish? Have a11 voted who wish? Take the record, Madam Secrekary. On that question: the Ayes are 55, none voting Naye and none voting Pzesent. Senate Bill 3-û-l, having received the constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bil1 3-0-2. Senator Netsch. Read the billw please, Madam Secretary.
Senate Bill 3-0-2. (Secretary reads title of bill) 3rd Reading of khe bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator Netsch.
Thank you, Mr. Preskdent. Senate Bill 302 is a relatively sàmple bill which simply requires the -- the Department of Stake Police. to make public, on an annual basis, compilations of crime statistics. which Ehey are already required to compile. IE was particularly requested by the Illinois Coalktion Against Sexual Assault, and the reason, again, is fairly simple. It helps enormously àn beinç able to track the effectiveness of State criminal laws - and mosk particularly the Illinois Criminal Sexual Assault LaW that we passed several years ago - to know the kinds of statistics that are provided for here. The Department of Police said they had no philosophical objeceion ko What We Were tryinq to do. I would sollcit your support.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not: the question is, shall Senate Bill 3-0-2 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have all voked Who wish? l67 STATE 0F ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislaeive Day May 17, 1989 I I Have a11 voted who wish? Have a11 voted who wish? Take the record, Madam Secrekary. On that question, the Ayes are 55# none voking Nayy none voting Present. And Senate Bil1 3-0-2, having received a constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 3-0-8. Senator Berman. Read the bill, please, Madam Seeretary. SECRETARY HAWKER : Senate Bill 3-0-8. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR LUET) Senator Berman. SENATOR BERKAN: Thank you. This bill is to correct an error that took place When we passed a bill dealing With tenure for teachers that participate in -- in joint agreement districts where they have special edueation services. Al1 *he bill does is change from September 23rd: '87 to July 1: I87 - the date upon which their commencement of service should take place. Ild be glad to respond to any questions. I knou of no... PRESIDING OFFICER: (SENATOR LUPT) Discussion? Diseussion? If not, the question is, shall Senate 3-0-8 pass. Those in favor will vote Aye. Those opposede Nay. The votinq is open. Have a11 voted who kish? Have a11 voted Who Wish? Have a11 voted who wlsh? Take the record: please, Mr. Secretary. On that question, the Ayes are 57: the Nays are none: and none voting Present. And Senate Bàll 3-0-8, havinq received a constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 3-0-9. Senator Berman. Read the bill, please, Mr. Secretary. ACTING SECRETARY: (MR. NAPRY) Senate Bill 309. ; l68 I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDINC OFPICER: (SENATOR LUFT) Senator Berman.
Thank you. This also deals With joint agreement districts. It provides for *he details of multiyear contracts with the directors of such joint agreement operations. Be glad to respond to any questions, and solicit your Aye vote.
PRESIDING OFFICER: (SENATOR LUFT) Questions? Queskions? If not, the question is, shall Senate Bill 309 pass? Those in favor will vote Aye. Those opposed, vote Nay. The voting ls open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the recordy please, Mr. Secretary . On that question, the Ayes are 57z none voting Nay. The Presents are none. And Senate Bill 309, having received a constitutional majority, is declared passed. On the Order of Senate Bills 3rd Reading is Senate Bill 3-3-3. Senator del Valle. Senator de1 Valle on the Floor? I'm sorry. On the -- Senate Bill 3 on the Order of Senate Bills 3rd Reading is Senate Bill 3-3-8. Senator Smith. Out of the record. On the Order of 3rd Reading, in the middle of the Page, is Senate Bill 3-3-9. Senator Carroll. Out of the r'ecord. Senate Bill 341. Senator Brookins. On khe Order of 3rd Reading is Senate Bill 347. Senakor Severns. Read the bill, please, Mr. Secretary.
ACTING SECRETARY: (MR. HANRY) Senate Bill 347. (Secretary reads title of bi1l) 3rd Readinq of the bill.
PRESIDING OFPICER: (SCNATOR LUFT) Senator Severns.
l69 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 Thank you, Mr. President and Members of the Senate. Senate Bill 347 simply extends immunity from civil action to those individuals, primarily restaurant owners and others, who in good faith, donate food to soup kikchens aeross this State. Riqht now nearly every oney except restaurants, are covered under khe Aet. This bill stems from a request from the food kitchen in Decatur, who has had problems now with concerns over liability and is -- with restaurants who no longer want to donate. And that's what this bill attempts to address. I know of no organized opposition. 1'11 be glad to answer any questions. PRESIDING OFFICERI (SCNATOR LUFT) Questlons? Questions? Senator Hawkinson.
Thank you, Mr. President. Will the sponsor yield for a...
PRESIDING OFFICER: (SENATOR LUFT) She ïndicates she will yield.
Senator, how is good faith defined in the bill?
PRESIDING OFFICER: (SENATOR LUFT) Senator Severns.
Simply by usinq those terms. PRESIDING OFFICER) (SENATOR LUFT) I'm sorry . Senator Hawkinson.
I guess my only concern -- our analysis kndicates that this might cause some laxiey in the use of outdated shelf products, or other things that -- that can no longer be sold by regulation. Is there -- is there any proteceion against blatant negligence: if -- if there should have been reason to know that a product is tainted or something? That -- that shouldnît be given? Would that be under your definition of good faith? That if Ehere's that kind of l70 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legïslative Day May l7, 1989 situation where -- where a donor ouqht to have known that a product is tainted that that -- that Would not come within your definition of qood faith?
PRESIDING OFFICER: (SENATOR LUFT) Senator Severns.
That is correct.
PRESIDING OFFICER: (SENATOR LUPT) Further discussion? Senaeor Geo-xaris.
Just a question of the sponsor...
PRESIDING OEFICER: (SENATOR LUFT) She indicates she will yield.
Senatory would this apply, for exampley to senior citizens who get together at the -- at their various senior citizens centers, and, you know, bring food and donate it? Would that apply eo them too?
PRESIDINC OFFICER: (SENATOR LUPT) Senator Severns.
Yes. It does.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Furkher discussion? If not, the question is -- did you wish eo close? I'm sorry, Senator Severns. Okay.
No.
PRESIDING OPPICER: (SENATOR LUPT) The questlon is, shall Senate Bill 347 pass? Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted Who Wish? Have al1 voted who wish? Take the record, please, Mr. Secretary. On that question, the Ayes are 57. l71 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAQ SESSIQN SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 the Nays are none, and none voting Present. And Senate Bill 347, having received a constitutional majority, is declared passed. On the Order of 3rd Readinq is Senaee Bill 348. Senator Berman. On the Order of 3rd Readinq is Senate Bill 354. Senator Xarpiel. Read the bill, please, Mr. Seeretary.
ACTING SECRETARX: (MR. HAKRY) Senate Bill 354. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OPFICER: (SENATOR LUFT) Senator Karpiel.
ïes, thank you, Mr. President. Senate Bill 354 simply changes the word ''may'' to ''shallg'' and states that the Department of Children and Family Services shall accept for care and training any child who has been adjudicated delinquent, addictede a truant ninor in need of supervision, or a minor requiring authorieative intervention. And ik provides that *he Department, shall, instead of may, make qrants for the programs to reduce or eliminate the involvement of youth in the child welfare juvenile justice syskems. The Department i: -- is -- is ae the present time, providing this service: and is making grants for this service. But it -- right now it is, you know, they can choose Whether or not to fund these programs. These prograns have had problems in the past With havin: their fundln: cut. Theybre never totally sure Whether they're golnq to be funded, and ehis would put them into the budget process.
PRESIDING OPFICER: (SENATOR LUFT) Discussion? Diseussion? If not, the question às, shall Senate Bill 3-5-4 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted who Wish? Take the record, l72 STATE OF ILLINOIS 86th GENERAL ASSEMNLV REGDLAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 please, Mr. Secretary. On that question, the Ayes are 51, the Nays are 4: none voting Present. And Senate Bill 354, havinq reeeived the required conskitutional majorityy is declared passed. At the bottom of Page l6, on the Order of 3rd Reading: is Senate Bill 355. Senator Jones. Read the bill, please, Mr. Secretary. ACTINC SECRETARYI (MR. HAKRX) Senate Bill 355. (Secretary reads title of bill) 3rd Readinq of the bill.
PRESIDING OFFICER: (SENATOR LUPT) Senator Jones. SENATOR JONES) Yes. Thank you, Mr. President and Members of the Senate. Senate Bill 355 is included in Senate Bill 29, which is minimum funding for State Retirement System, which passed thts Body last year. Also, the County final averaqe salary will be calculated based on the last twelve months, and it removes the power of attorney from Municipal Pension Board at no cost. see no objection to the bill, and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? Senator Schuneman.
Thank you, Mr. President. This bill basically affects the Chicaqo Firemen Pension Fund, and While it may be of great interest to the City and the firemen in the Càty, there ls -- there's no direct involvement for the StaEe of Illinols in this issue.
PRESIDING OFFICER: (SENATOR LZPT) Further discussion? Further discussion? If not, the question is: shall Senate Bill 3-5-5 pass. Those in favor Will vote Aye. Those opposed, vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who Wish? Have all voted Who wish? Take l73 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 the record, please, Mr. Secretary. On that questiony the Ayes are 57, none voting Nay, and the Presents are none. And Senate Bill 3-5-5, having received a constitutional majority, is declared passed. On the top of Page l7, on the Order of 3rd Reading is Senate Bill 3-5-6. Senator -- On the Order of 3rd Reading is Senate Bill 361. Senator Jones. I'm sorry. At the top of the Page again, on Page 17, on the Order of 3rd Reading is Senate Bill 3-7-0. Senator Demuzio . Read the bill, please, Mr. Secretary.
ACTING SECRETARY: (MR. NAARY) Senate Bill 370. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzio.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 370 amends the Farm Development Act. It increases from a hundred and forty million to a hundred and seventy mlllion dollars the aggregate principal amount that the State guarantees authorize under this Act. Basically, what it amounts to is that this measure is designed to assists farmers who have been affected by the 1988 drought to restructure their -- their -- their loan from the Farm Development Authority . I know of no opposition, and I think a number of Members had asked the Secretary today to be a hyphenated co-sponsor. And I have no objections to that, and would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR LUFT) Questions? Senator Watson.
Yes. Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR LUFT) He indicates he Will yield. l74 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Senator, what's a -- what kind of a fail rate have they had? Do you have any idea of hoW much -- how many loans have gone south on them?
PRESIDING OFPICER: (SENATOR LUPT) Senator Demuzio. SENATOR DEMUZIO Z -- I don't -- I don't happen to have that information before Ne.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Donahue.
Thank you, Mr. President. Just to make a quick answer to that, Senator Watson, it's two or three. So it's very few loans have gone sour with the Illinois Farm Development Authority. I Would tell this side, this is a good bill, and it's something we want on the books for future with the Drought Assistance.
PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzàoe do you Wish to close?
Well, wish we'd quit pickàng on the south. ïou know: a couple of these might have Went north, too. I would ask for your favorable support.
PRESIDING OFPICER: (SENATOR LUFT) All right. The question: is shall Senate Bill 370 pass. Those in favor will vote Aye. Those opposed, voke Nay. The voting ls open. Have all voted who wish? Have all voted who wish? Take the record, please, Mr. Secretary. On that question, there are 56 Ayes, no Nays, and none voting Present. And Senate Bill 370, having received a constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 371. Senator Demuzio. Read the bill: please: Mr. Secretary. l75 STAQE 0P ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Le4islative Day May 17, 1989
ACTING SECRETARY: (MR. HADRY) Senaee Bill 371. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR LUFT) Senator Demuzio.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 37l does have a couple of detractors, an told. It Would direct the Commerce Commission to exclude from the rate base al1 costs for any electric generating facility recovery thak was not begun by January the lst of 1990, unless such a facility would be fully needed within two years and Would provide power at lower cost and alternative supplier sources of -- or conservation programs. This commission Would -- ls currently directed to include in lts rates only the value of the ukility investment Which is prudenely incurred and used and -- is useful. And I would, Mr. President, noW yield to my hyphenated co-sponsor, Senitor Severns, for further comments. PRESIDING OFPICER) (SENATOR LUFT) Senator Severns. Senator Severns, please.
Thank you, Mr. President and Members of the Senate. I rise in strong support of Senate Bill 371, and I think it's a -- a bill that al1 Members of the General Assembly should support. We -- We applied this in the rewrike of the Public Utllikies Act a feW years ago. It's been reiterated with resolutions that have passed out of this Body overwhelmingly in the past two years, and again ik was reiterated in January with the Dnited States Supreme Court rulin: in Duquesne versus Pennsylvania Light and Gas Company. This is a measure that -- that requires the Illinois Commerce Commission ko the rigorous standard that we intended in the 176 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31sE Legislakive Day Ma# 1989 rewrite of the Public Utilities Act. It is a measure that the United States Supreme Court in January said is quite approprlate for State Legislatures to apply. It is a measure finally that -- that we ohould adopt in fairness to the consumers of this State. It is somethinq that should not be looked at as unfairy but sonethinq that is quike in line with the rulings of governmental bodies and the coures a: every level. I Would urge strong support of ehis measure.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Macdonald.
Will the sponsor yield for a question?
PRESIDING OFPICER: (SENATOR LUFT) He or she indicates -- she indicates that she will yield. SENATOR MACDONALD Senator Demuzio, how do you define llfully'' in your bill - fully needed for reliability? What standards -- what definition do you have there? That seems to me to be very broad and difficulk to define.
PRESIDING QFPICER: (SENATOR LUFT) Senator Demuzio.
Let me -- give me a minute to look at the bill here. Havenft had a chance to -- welly apparently it is -- it is not defined, but apparently that is language that has been used with respect to decisions that have been rendered by the court and previous cases on this same subject.
PRESIDING OFFICER: (SENATOR LUFT) Senakor Macdonald.
Reluekantly, IIm golng to have to oppose this particular piece of legislation. I khink that it is vaguely written, and I Ehink l77 STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 that it can cause maybe ultimately the building of more power plants because of it. So I'n rising in oppooition to this bill.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Maitland.
Thank youe Mr. President. A question of the sponsor if hedll yield.
PRESIDING OFFICER: (SENATOR LUPT) He tndicates he will yield.
Senator, our -- our analysis indicates that the -- the ICC order suqgested that there was only twenty-seven percent usefulneôs or I I assume that means that the power plant at Clinton was only used twenty-seven percent of the timer or at twenty-seven percent capacity. Is that -- is that What that order said?
PRESIDING OFPICER: (SENATOR LDPT) Senakor Severns: you Wish to answer that question? Senator Severns.
The -- the Illinois Commerce Commission Hearinq Examiner -- Examiner showed us determined that the Clinton Power Plant, as one example of many throughout the State, was determined used and useful only kwenty-four percent of the time, or that twenty-four percent, more specificallyy of that eapacity was needed to meet the demands ot a summer that experienced the highest of drought.
PRESIDING OFFICER: (SENATOR LUFT) Senator Maitland.
I guess what I'm trying to determine, Senatory Whofs -- who's Who 's the Sponsor of this blll? I meane who are we suppose to be kalking to -- I -- 1... 178 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May 17, 1989
PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzio and Senator Severns.
I Want to address the right person. Okay. Senator Demuzio? Okay. It's -- it's my understandin: that at one point last sunmer and for a period of time, the Clinton Power Plant was at -- was at one hundred percent capacity. And I understand that was because that at least one fossil fuel plant was -- Was closed down for -- for renovation or for work or -- or for something. And what I'm -- what I'm trying to determine here is hoW does the twenty-four percent, or whatever it is, fit into the scheme of things here?
PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzio.
Well, Ekrst of all, Senator Kaktland, 1et me refer to the fact that as long as I've been around here, there are hyphenated co-sponsors on these bills, and I have yielded to Senator Severns with respect to that -- to those -- to that question, and I will. yield again.
PRESIDING OFFICER: (SENATOR LUFT) Senator Severns.
First, to -- to correct the record, Senator Maitland, the plant has not been up and running for a hundred percent capacity. It is nok. Going back to part of your question, and in response to the earlier question and/or statement by Senator Macdonald, the intent of khis bill, quite simply. is thaE current 1aw in Illinois and throughout the United Stakes permits a standard of excess capacity. It permits a guaranteed rate of return for utilities. What the intent of this legislation is is to simply say the capacity and -- the need and capacity must be in line. ïou cannot build a plant With the anticipated use. ïou cannot build a plant l79 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7g 1989 unless the need is demonstrated, and expect to be able to place the cost of the building of that plant: and the use of that plant, on consumers on the hope and prayer that someday it might be needed at a hundred percent capacity.
PRESIDING OFFICER: (SENATOR LUFT) Senator Maitland. SENATOR MAITLAND : We1l# thank -- thank your Senator. am -- I understand what the law is. I was part of the rewrite. We're not talking about construction here at all. I don't know Where you get the construction aspect of this. The plant's already built. As our understanding is, thks deals with rate increases. Isndt that what this bill deals with? Whatls that got to do with construction?
PRESIDING OFPICER: (SENATOR LUFT) SenaEor Severns.
As it relates to the construction of any plant. That is, for example, With the Illinois Power Case, very much a part of what the rate case was about. To kry Eo claim the full cost of construction for a power plant that has not been determined under existing law in Illinois, and verified by the Court at the U.S. Supreme Court level to be determined under our definition in Illinois and elsewhere as totally used and useful.
PRESIDING OFFICER: (SENATOR LUFT) Senator Maitland, are you finished? Senator Maitland. SENATOR MAITLANDI Well, thank you, Mr. President. I'm -- I guess What welre krying to determine here is -- as I read the bill, it doesnlt match the explanation that I just got, and I'm -- I'm just trying to, you know, to try to eliminate some of the confusion here. Have misunderstood, Senator, something youdve said? Are We on the same bill? l80 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislatkve Day May l7, 1989
PRESIDING OFPICER: (SENATOR LUFT) Senator Severn:.
1111 try to make it clearer. Unless a plant that is being constructed or has been constructed is fully used and useful - and the used and useful language is part and parcel to this bill, and to the intent of this bill - unless that plant is fully used and useful - not twenty-four percent, not fifty percent, not seventy percent or seventy-five percent - unless a plant is fully used and useful Within two years after the completion of the construction of that plant, when the switch has been turned on, it would not meet the standards set by this legislation to be able to apply those costs ko the consumers.
PRESIDING OPPICER: (SENATOR LUFT) Senator Maitland.
Well, in essence, what you're saykn: ks they -- they -- they cannot file for a rate increase if -- if that new plant or any other new plant isn't at least what percent?
PRESIDING OFFICER: (SENATOR LUFT) Senator Severns.
Currently, it is suppose to be considered fully used and useful. I would like to just pause for a moment.
PRESIDING OFPICER: (SENATOR LUFT) We will pause for a moment. Would you like ko eake this bill out of the record, and have leave to come back at a later time, or do you kant to proceed? Senator Demuzio, What's your wish?
Why don't we take it out of the record for the time being and get back to i*?
PRESIDING OFFICER: (SENATOR LDFT) l8l STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May 17y 1989 A1l right. We will take Senate Bill 371 out of the record for the time being, with leave to come back with it if the sponsor so desires. And welll -- proceed on the Order of 3rd Reading on Page 17 on Senate Bill 373. Senator O'Daniel. Read the bill: please, Madam Secretary.
Senate Bi11 3-7-3. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFEICER: (SENATOR LUFT) Senator O 'Daniel.
Thank you, Mr. President and Members of the Senate. Senate Bill 373, as amended, creates the Private Enterprise Review and Advisory Board for the purpose of studying the impact of having privake enterprise perform activities currently being done by the State and local governments. I've had a lot of inquiries about from the private sector of small businesses concerned that they were competing with the -- with the State, and they could do it more efficient. So the Small Business Administration gave me this leqislation, and 1'11 attempt to answer any questions.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? If not, the question is, shall Senate Bill 373 pass. Those in favor will vote Aye. Opposed, vote Nay. The votinq is open. Have all voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record, pleasey Madam Secretary. On that question, the Ayes are 47, the Nays are 3, 1 voting Present. And Senate Bill 373, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 374. Senator Smith. Read the bill, please, Madam Secretary.
l82 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May 17# 1989 Senate Bill 374. (Secretary reads title of bil1) 3rd Reading of the bill.
PRESIDINC OFFICER: (SENATOR LUFT) Senator Smith.
Thank you, Mr. President and Ladies and Genelemen of the Senate. Senate Bill 374 -- it merely requests that no contract for coverage issued by *he Health Maintenance Organization shall exclude eoverage of emergency ambulance service, as defined in the Emergency Medlcal Services System Act. An HMO shall, upon reasonable demand by a provider whose emerqency ambulance service Was arranged by HM0 for its enrollees, pay promptly for such services provided to its enrollees. Ambulance operators are complaining that the Hea1th Maintenance Organizations often refuse to pay them, and if the HM0 later determines that the emergency transportation was not even necessary or improperly -- authorizede or if the patient Was taken to a hospital that does nok even participate in HMO, they refuse to pay. The -- many times the ambulance providers -- they respond to the emerqency, and the payments are denied because the pakient HM0 later determines it Was not necessary or it was not even an emergency, and so therefore they are entitledz so they think, not to pay the providers. This billg 374, will merely help to clarify that HM0 conkracts must include provisions for emerqency transportation by ambuiancese as defined in Ehe Emergency Medical Servlce. This Was a request of the Illinois Ambulance Association.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Dudycz.
Thank you, Mr. President. I just wanted the record to reflect that on the previous bill, I had intended to vote Yesp and I l83 STATE OF ILLINOIS 86th GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 erroneously voted No.
PRESIDING OFFICER: (SENATOR LUFT) Will the record please reflect Senator Dudycz's intent. Further discussion? Senator Barkhausen.
Mr. President and Members. I -- I'm not sure exactly what possible problem exists that this bill is attempting to -- to rectify, but I I do note that it was passed on an -- on an attendance roll call apparently on an agreed bill list in the Senate Insurance Committee. And some individuals representing HMOs who wanted to express their concern about an opposition to the bill didn'k have a chance to testify. I -- I think what their concern is -- is the open-ended definition in the bill as to what constltutes an emergency. The first paragraph of the bill references for the definltion of emerqency - The Emergency Medical Services Systems Act. And if you look at the definition of emergency in that other legislation, it says that ''Emergency shall mean a condition or situation in which an individual declares a need for immediate medical attention.'' The problem apparently is that that judgment or standard is left solely in the judgment of the -- to Ehe judgment of the individual patient, and there is no more objective way eo determine when, in fact, there is an emergency that might justify the calling of an ambulance. And so, the -- the HMOs are -- are in the position where they are -- mlght potentially, if this legislation is approved, have to pay for ambulance care that is not really of an emergency nature, but -- buk rather is dictated by the -- by the particular opinion of the individual patient that they are -- have for one reason or another want to -- want to get to a doctor or a hospital, and perhaps an ambulance: in their opinion, is the most convenient way to get there, but it isn't neeessarily an emergency. So I think that unless this definition is -- is tightened up, I strongly feel l84 STATE QF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 that we ought to oppose the bill at the present time.
PRESIDING OFFICER: (SENATOR LUFT) Purther discussion? Did you wish to comment on that, Senator Smith, or do you Wish to wait till you close? Senator Smith? Senator Smith? -- I'm -- I got you. Senator Smith.
Comment now. Thank you. 1111 be happy to When we get to the House, if we can improve on it. But this is very important, because people have died because their providers have said they didntt think it was quite necessary for them to go to the hospital. And when a person calls for an ambulance, I think that it's very important that ke -- and then if a provider does give them that service: they should be repaid for what theylve done. I merely ask for your favorable vote. PRESIDING OFFICERI (SENATOR LDFT) Ilm sorry. I didndt want you to close. 1'm sorry. There were other lights blinklng here. I simply asked if you wanted to respond to Senator Barkhausen. Further discussion? Senator Davidson.
A queseion of *he sponsor.
PRESIDING OFFICER: (SENATOR LUFT) She indicates she will yield.
What kind of impaet -- fiscal impact does this have on the existing HM0 contractg if you are goinq to, by law, mandate and many of ehese contracts for HMOs are more than a year old, and the thrust behind khem are to try to get some reasonable control on medical cost. Does this violate the existing contracts thak would be in place, as to what they cover or not cover when it becomes law, if it becomes law? And I certainly hope it doesn't PRESIDING OFFICERZ (SENATOR LUFT) l85 STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 Senator Smith.
I do not know about the fiscal impact on that. HM0 would have to do that. But the merely thing that Wedre trying to do is eo see that they will provide for the providers Who are serving them.
PRESIDING OFPICER: (SENATOR LUFT) Senator Davidson.
Mr. Presidente I rise in opposition to khis bill. I happen to be in one of those health care professions that is excluded fr' om HMos, but that doesn't mean we should have -- by legislation go by another qroup. What you and I may decide is an emergency, and what is truly an emergency that ambulances be called, is two different thinqs; it's in the eyes of the beholder. A number of people - being in the health care profession - a number of people need something in an emerqency, and I have participated in seeing people at midnlght, or ewo o'clock, or on Sunday, which was not an emersency, particularly when they say it's something they've had for a week or tWo weeks and suddenly declde. And I think this is a wrong attack, if you're qoing to try to have any reasonable control on -- on cost in the health care delivery system. Thls may be supported by the Illinois Ambulance Association. If I *as a member of ehem, I'd probably support it. But I think you need to think twice before you vote Yes on this bill, 'cause youdre gonna violate whak's a contract between those who are covered and the person who's providin: the service. And I think you need to khink very seriously putting a Yes vote down on this, and I urve all of you to vote No.
PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Senator Schuneman.
Thank you, Mr. President. As I read your billw Senator Smithy 186 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 21st Legislative Day May l7, 1989 lt seems like a very reasonable proposal. I think what youfre asking is that the HMOs simply provide khe coveraqe that is customarily provided now under most health care policies. And while HMOs may not want this provision in their conkracts, certainly people who require emergency care should have the -- the assurance that theydre not gonna have to pay their -- their ambulance bill themselves. And it seems to me, too, that when tbis bill gets to the House, you may want to amend it so that you don't give everybody a blank check to pay for transportation by ambulance, if theylve got a black eye or something. But on balance, I think youêve :ot a bill that I can certainly support.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, I have been jaundiced with some of the HMOS, and ik's -- and I think it's high time they took some responsibility. First of all, they can always check with the doctor - was it an emergency or not? And think the bill should be passed, and I vote -- I support it.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senaeor Raica.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. The word ''emergencyg'' as defined in the EMS Act states khe energency is determined by the caller. Various departments or city agencies or municipalities determine Whether theydre going to send an ambulance, or whether theylre not goinq to send an ambulance. They al1 have call cards khat New York and oEher states have adopted as far as rating different types of emergencies. I think this bill is -- is an excellent bill. It helps a lot of the senior citizens. And quite frankly, if you're going to determine that a nosebleed isn't an emergency - it's like l87 STATE 0F ILLINOIS 86th GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 if the patient has hiqh blood pressure, that definitely is an emergency situation. And I think al1 we're trying to do is assist those patients Who have to use ambulances by means of getting to hospitals. There are protective provisions that are put on by various departments. I think this is a good bill: and solicit an Aye vote.
PRESIDING OFFICER: (SENKTOR LUFT) Purther discussion? Senator Topinka.
Yes, Mr. President and Ladies and Gentlemen of the Senate. I would like to think that if a person were in need of an ambulance: that there would be some question on their part on whether or not they would call one out, because payment were -- were questionable or would -- would stand hiqh priority in their mind, and rather just let them die on the spot than go forward and do what they had do. I think this bill is a very Wellintentioned bill. It's a bill that is easily supportable. If there is need: it can be amended in the House: but I think, you know, Senator Smith is on the right track. And I would urge your support.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Smith, you wish to close? Senator Smith.
Thank you, Mr. President. I merely ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LUFT) AI1 risht. The question is, shall Senate Bill 3-7-4 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who Wish? Have all voted Who Wish? Take the record, please, Madam Secretary. On that question, the Ayes are 50, 4 voting Nayy none voting Present. And Senate Bill 374, having received the required constitutional majorityy is declared passed. On the Order of 3rd Reading is l88 STATE OP ILLINOIS 86th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 3ls* Legislative Day May l7, 1989 Senake Bill 375. Senator Smith. Senator Smith.
Yesw thank you.
PRESIDING OFFICER: (SENATOR LUFT) Read the bill, please, Madam Seeretary.
Senate Bill 3-7-5. (Secretary zeads title of bi11) 3rd Readinq of the bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator Smikh.
Thank you, Mr. Presidenk and Ladies and Gentlemen of the Senate. Senate Bill 375 is a recommendation from the Illinois State Ambulance Association. The purpose of this bill is to allow ambulance providers to participate in the decision-making process concerning services for trauma viceims. Currently, the Protocol Commitkee is made up of Level I Trauma Center Dtrector -- Medical Director, Level Trauma Center Medical Director in the Emergency Medical System, Project Medical Director of the Emergency Medical System, and Project Medical Directors: administrators and nursing directors of the Associate Hospitals of the Energency Medical Systen. And the providers are askin: if they might be -- have representakion with these trauma centers in helping to make a decision. That's a11 it is.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? If not, the question ise shall Senate Bill 375 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Senàtor Netsch is seeking someone's attention. Have all voked Who wish? Have all voted who kish? Take the record, please, Madam Secretary. On that question, the Ayes are 56y none voting Nay, none voting Present. And Senate Bill 375, having 189 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 received the required constitutional majority, is declared passed. On khe ûrder of 3rd Reading is Senate Bill 376. Senator Smith. Read the bill, please, Madam Secretary.
Senate Bill 3-7-6. (Secretary reads title of bill)
PRESIDING OFFICER: (SENATOR LUFT) e Senator Smith.
Out of the record.
PRESIDING OFFICER: (SENATOR LUFT) I'm sorry. 16 sorry. On the Order of 3rd Reading is Senate Bill 383. Senator Jones. Read the bill, pleasey Madam Secretary.
Senate Bill 3-8-3. tsecretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR LUFT) Senator Jones.
ïes. Thank you, Mr. President and Members of the Senate. Senate Bil1 383, as amended, removes the arbitrary fine that the Department can impose on a nursing home. Now there was much complaint as related to other aspects of the bill, but those provisions have been restored since they 're -- filing quarterly reports, and also khat part as relate ko knowingly transmitting false informaeion aqainst a nursing home. A1l those parts have been restored to the bill. A1l the bill does now is remove that arbitrary onehundred-dollar fine: and I ask for a favorable voee.
PRESIDING OFFICER: (SENATOR LUPT) Discussion? Discussion? If not, the question isy shall Senate Bill 383 pass. Those in favor will vote Aye. Opposed, 190 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULKR SCSSION SENATE TRANSCRIPT 31st Leqislative Day May l7F 1989 vote Nay. The voting is open. Have a1l voked Who wish? Have al1 voted Who wish? Have al1 voted Who wish? Take the record: please, Madam Secretary. On that question, the Ayes are 56g none voting Nay, the Presents are none. And Senate Bill 383: havin: received the required constitutional majorityz is declared passed. On the Order of Senake Bills 3rd Reading is Senate Bill 384. Senator Jones. Out of the record. Senate Bill 388 on the Order of 3rd Reading is Senator Zito. Read the bill, please, Madam Secretary.
Senate Blll 3-8-3: pardon me, 3-8-8.
PRESIDING OFFICER: (SENATOR LUFT) Oops. I'm sorry. It's 388.
(Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator Zito.
Thank you, Mr. President and Members. This bill, Senate Btll 388, would permit the bank for savings and loans to serve a1l financial institutions, rather than just Ehe Savinqs and Loan Associations. We've discussed this with the Commissioner. He's in support. I donlt know of any opposition to Senate Bill 388. Be happy to answer any questions, and Would nove for iks passage.
PRCSIDING OFFICER: (SENATOR LUPT) Discussion? Discussion? If not, the question is. shall Senate Bill 3-8-8 pass. Those in favor will vote Aye. Those opposedp vote Nay. The votinq is open. Have a1l voted who wish? Have a1l voted Who Wish? Take the reeord, please, Madam Secretary. On that guestionr there are 56 Ayes, the Nays are none: and none voting Present. Senate Bill 3-8-8, having received l91 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 khe required constitutional majority, is declared passed. On khe Order of 3rd -- 3rd Readln: is Senate Bill 389. Senator Demuzio. Senator Demuzio. 389. Read the blll, please, Madam Secretary.
Senate Bill 3-8-9. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzio.
Thank you very much, Mr. President and Ladies and Centlemen of the Senate. This ts the rewrite of the Land Surveyors Aek. It it is a compromise that has been worked out now between the Deparement and the land surveyors. I know of no known opposition, and I would ask for your favorable support.
FRESIDING OFFICER: (SENATOR LUPT) Discussion? Senator Schuneman.
Thank you. Mr. President. I'm reliably informed that What senator Demuzio has just represented to you is, in fact, the view of the Department, and so we stand in support of ât -- the bill.
PRESIDING QFFICER: (SENATOR LUPT) Further discussion? You wish to close? He indicates he does not. The question is, shall Senate Bill 389 pass. Those in favor will vote Aye. Qhose opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a11 voted Who Wish? eake the record, please, Madam Seeretary. On that question, the Ayes are 56, the Nays are none, none votinq present. And Senate Bill 389, havin: received the required constitutional majority, is declared passed. On the Order of 3td Reading, at the bottom of the page, is Senate Bill 391. Senaeor Welch. Out of the record. I'm sorry. SenaEor Hudson, for khat purpose do you 192 STATE OP ILLINOIS 86th GENEPAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17e 1989 seek recognikion?
A point of personal privileqe.
PRESIDING OFPICER: (SENATOR LUFT) State your point, please, Senator.
May I have the record show that had I been able to vote on Senate Bill 373 -- had I been ae my seat here -- desk, where should have been I Would have voted Yes.
PRESIDING OFFICER: (SENATOR LDPT) All righk. Would the record please reflect Senator Hudson's intent. At the bottom of the page, Senate Bill 392 on 3rd Reading. Senator D'Arco. Before We :et to Page l8, Senator Demuzio, do you wish to return to Senate Bill 371?
No.
PRESIDING OFFICER: (SENATOR LPFT) Thank you. On the top of Paqe 18# Senate Bills 3rd Reading, is Senate Bill 393. Senator Welch. Out of the record. Senate Bill 400. Senakor larroll. On the Order of 3rd Readingz Senate Bill 449, Senator Severns. Yes, please read the bill, Madam Secretary.
Senate Bill 449. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER; (SENATOR LUFT) Senator Severns.
Thank you, Mr. President. Senate Bill 449 simply changes the compulsory school attendance age from sixteen to eighteen. If if we Want to fighe the dropout problem in Illinois: if we don't l9à 1 STATE 0P ILLINOIS I . 86th GENERAL ASSEMBLX I REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 want to condone students dropping out at the age of sixteen, I believe that we should raise the age to eighteen, unless theydve met prior graduation requirements. 1'11 be qlad to *ry ko answer any questions. I Would move for its adoption. PRESIDING OFFICER: (SENATOR LUFT) Questions, questions? If not, the question is, shall Senate Bi1l 449 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted who wished? Take the record: please, Madam Secretary. On that question, the Ayes are 31, the Nays are l8, 4 voting Present. And Senate Bill 449, having received the constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 452. Senator Rea. Read the billy please, Madam Secretary. SECRETARY HAWKER: Senate Bill 452. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR LUFT) Senator Rea. Can we have some order, please? Senator Rea. SENATOR REA: Thank youp Mr. President, Ladies and Gentlemen of the Senaee. Senate Bill 452 creates the Citizens Council on Water Resourcese and, as amended, also includes the Citizens Council on Senior Citizens. There is a great need for a Citizens Council on Water Resources to deal with a very valuable resource khat Ne have here in the State of Illinois. We -- this will deal both with the quality and quantity issues that affects us. Many time we have ehis type of resou<ce, and we do not pay enough attention to it# and do not plan for the future. This Will study, revlew, make recommendations that will also get into the legislative ackion, not only for Waeer resources, but also for senior citizens. And: l94 l STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Leqislative Day May l7, 1989 of course, Illinois ranks sixth ïn the total sixty-five-plus population, and 1 Would certainly move for approval.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Senator Karpiel.
Thank you, Mr. President. I'm sorry. Wlth the noise level in herey I really could not hear very well, and I don't have a copy of the bill in front of me - just our analysis. Are you creating, Senakor Rea, are you creating two more councils?
PRESIDING OFPICER: (SENATOR LUFT) Senator Rea.
Xes, I an kndeed, because these are two areas that are very importank to ehe State. We do have some Citizen Couneils now that are dealing with some very important issues includinq children: economic development, energy resources, mental healthz public aidy school problems and wonen. PRESIDING OFFICERI (SENATOR LUFT) Purther discussion? Senator Karpiel. Senator Karpiel.
Ilm sorry, Mr. Presàdent. still can't hear. Would you -- still don't understand what...
PRESIDING OPPICER: (SENATOR LUFT) Could *e -- could we please have some attention. Wedre having a little trouble with the dialogue on this .bill. Thank you very mucho Senator Karpiel.
0ne of them, from wba: understand has to do with water resources. That's what it says up there, so that's what I'm assuming it does. It doesn't spell ie out in my analysis here what the other one does. I still couldn 't hear that.
PRESIDING OPPICER: (SENKTOR LUFT) l95 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day Ka# 1989 Senator Rea.
The -- the other one creates the Citizens Council on Senior Citizens, and this, as I mentioned earlier, We are sixth in terms of sixty-five-plus population in the State of Illinois as compared to other states. This is an importane area that we should study what their needs are: make recommendations. We should develop a plan - an integrated, coordinated approach to our problems here in the State of Illinois.
PRESIDING OFFICER: (SENATOR LUPT) Senator Karpiel.
Thank you, Mr. President. see now that that Was added yesterday by amendnentz and I do seem to remember when we discussed it. Well I stand in opposition to this -- to this bill. I don't know that we need all these councils to be studying a1l this. We do have at the State a State Department of Agings and I would assume the Department of Aging takes as a part of kheir -- their jurisdkction planning: and -- and -- and taking into account the needs of the senior citizens of Illinois. And I don't know that we need another council. I would just ask for a -- a No vote on this.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Topinka.
Mr. President and Ladies and Gentlemen of the Senate, as you know, the Citizens Assembly has joint chairmen - one in the House and one in the Senate, and I am the one in the senate. As we created these councils, the original seven councils, as a result of all of the hullabaloo that Went on in the Legislature roughly two or khree years ago when everybody decided that the volume of commissions that we bad floating around the General Assembly, on l96 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 every issue that you could conceive of, was just gettinq to be a bàt unwieldy and unbearable. And so We created khese seven commissions that are now in existence. They do a very good job, and they cover the topics that have been assigned ko khem. 0ur budget certainly Would not be able to attract or sustain any further such councils. We're jusk barely holdin: it together, and I think we do a real good job on a shoestring. But this is qonna break the strinq, and we don't have enough bubble gum and baling wire to -- to be able to support this. would also submit that we have individual legislative committees that we sit on ehae cover these areas of endeavor, and therefore public hearings or any type of legislation, or any type of an agenda can be run through those. We also have state Agencies that deal with these various problems, and those can be enlisted to deal with this. On the flooding issue alone. the Governor's Task Force was created, and I think did a very admirable job. So there are many Ways that this can be accomplished Without once again creating commissions pell-mell under the gulse of councils, or whatever else you uant to call them. So unless We Wish to return ko yesteryear, When we had everybody taking care of their pet project through a commission, I would strongly suggest We not vote for this bill.
PRESIDING OPFICER: (SENATOR LUFT) Purther diseussion? Senator Weaver.
Well, *hank you, Mr. President. I think that if the State of Illinois adequately funded Ehe Illinois State Water Survey: that many of these problems could be identified and dealt with, but for years we 've not adequately funded. The head count and the teehnicians are down probably thirty-five percent over the last few years, so I really see no need for this, Senator Rea.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Davidson. l97 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7e 1989
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LUFT) He indicakes he will yield.
Is this Citizens Council on senior citizens? Wow. I heard the Floor shake: she dropped so much. They already exist - the Illinois Council on Agings Which -- a couple Members in this august Body are on that - maybe Cour. Are you trying to duplicate what they're -- as I read your amendment, this Cikizens Commissàon will be an identical duplication of the dueies and -- that the Illinois Council on Aging are supposed to do - meet with the Director of Aqing: review legislation and make recommendations, ete. Is that a duplieation that you're trying with this Commission?
PRSSIDING OFFICER: (SENATOR L2FT) Senator Rea .
Absolutely not. In factr this is to brinq about the lack of -- to prevent duplication and to brin: about a coordinated approach, Which is very badly needed. And -- and to also go a step furthere this will also bring in much more of the public input, which is also very important to this process, and would be no different than the other councils that are in operation.
PRESIDING OPFICER: (SENATOR LUFT) Senator Davidson.
Well, I rise in opposition to this -- this amendment. I don't know anythin: about the water part, but I know that some of us in this Chamber are on the Illinois Council of Aqing. And we do exactly what you were sayin: this Commission's gonna do. We have public members. We have hearinss. We have reeommendations. We l98 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 31st Legislative Day May 17, 1989 have recommendations for -- for proposed legislation. position on legislation. It Works in concert with ehe Department of Aging. It must, by the Statute requirement in the Department of Aging -- nust Work With us. Knd I Would urge a11 of you to zote No.
PRESIDING OFPICER: (SENATOR LUPT) Further discussion? Senaeor Demuzio.
Well, khank you Mr. President and Ladies and Gentlemen of the Senate. I rise in strong support of Senaee Bill 452. I think it's hiqh time that we have some innovation, and creativity, and of the nature of the proposal that is before us# and I would hope that every Member Would look positively With respect to the proposals that are being proffered in this -- in this bill. And I would ask for your support.
PRESIDING OFPICER: (SENATOR LUFT) Further discussion? If not, Senator Rea, you wish to close?
Thank you, Mr. President. Actually: youdve -- youdve :ot to also remenber that this Will provide a great opporkuniky, as ik does with the other Citizens Councils, for the publie knput. These people do serve Without compensation. As I listened to Senator Topinka: I would think that she might be sugqesting thak you abolish a1l of the Citizens Councils, from her arquments there, and this, I'm sure, is not what it's all about. This would' as a result, because when she talks about, ''We1l, there's other committees. There's committees in Ehe Senaee. There's agencies.'' Well, we could take any one of the ones that have already been established, and we could say, ''Hey: there is a department, or there is a Senate committee that deals somewhat with these issues.'' But not wieh the public input, which I feel is so important to have, and these are two great areas that we really need to devote some attention Eo, and give some direction l99 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 31st Legislatkve Day May l7, 1989 over the next few years. So I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR LDFT) The question is: shall Senaee Bill 4-5-2 pass. Those in favor Will vote Aye. Opposed, vote Nay. The votin: is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted Who wish? Take khe recorde please, Madam Secretary. On that question, the Ayes are 29w Nays, 25, Presents voting two. Senator Rea asks for Postponed Consideration on Senate Bill 4-5-2. On the Order of 3rd Readtng is Senate Bill 472. Senakor Lechowicz. Read the bill' please, Madam Secretary.
Senate Bill 4-7-2. (Secretary reads tiele of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR LPFT) Senator Lechowicz.
I believe Senator Berman Wants to be...
PRESIDING OFFICER: (SENATOR LUFT) I'm sorry. I'm sorry. Senator Berman, for what purpose do you seek recognition?
Thank you, Mr. President. 0n a point of personal privilege.
PRESIDING OFPICER: (SENATOR LUFT) State your point: please.
I inadverkently pressed the wrong button on Senate Bill 449. I Want the reaord to indicate I intended to vote No.
PRESIDING OFTICER: (SENATOR LDFT) The record will so indicate. Senator Brookins, for what purpose do you seek recognition?
200 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 While welre under rise on a point of personal privilege also.
PRESIDING OFFICER: (SENATOR LUET) State your point.
Mr. President, a record was made here on Monday, May l5, 1989. The first time in history in the 86th General Assembly a woman - Assistant Majority Leader Earlean Collins - presided over this Body. just wanted to make note that it was a point of history. That kt has never happened before in this Chamber, and may we give her a hand?
PRESIDING OFFICER: (SENATOR LUFT) A1l right. On the Order of 3rd Reading, we Will return to Senator Lechowicz on Senate Bill 473.
Thank you, Mr. President and Ladies and Gentlemen of the Senate...
PRESIDING OFFICER: (SENATOR LUFT) - - I'm -- Senatory I'm sorry. Senate Bill 472. I read the...
HoW about 472?
PRESIDING OFFICER: (SENATOR LUPT) Thakls what I said. Senate Bill 472.
Thank you, Mr. President and Ladies and Gentlemen of the senate. senate Bill 472 requires thaE the Department of Public Health shall conduct the hearing of nursing home complaints no laker than ten Working days after notice of the hearing is mailed or delivered. Currently the Statute requires they're going to be held within ten days after notice is given. The bill specifies working days. I know of no opposition, and I ask for your favorable support. 201 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 PRESIDING OFFICSR; (SENATOR LUFT) Discussion? Discussion? If not, Senator Lechowicz moves for -- a11 right. Senator Topinka, youdre on.
Mr. Presidenk and Ladies and Gentlemen of the Senate, if I may stand in support with my joint sponsor, Senator Lechowicz. It makes qood sense. I would like one commitment out of Senator Lechowicz though, if I could. You don't assume that this will be a vehicle bill in the House, where something else Will come back on it# do you?
PRESIDING OFFICER: (SENATOR LUPT) Senator Lechowicz.
Noe I do not assume thate but it may happen. I don't know.
PRESIDING OPFICER: (SENATOR LUFT) Further discussion? If not, the question is, shall Senate Bill 472 pass. Those in favor will vote Aye. Opposedr vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Take the record, please, Madam Secretary. On that question, the Ayes are 56, none voting Nay, and the Presents are none. And Senate Bill 4-7-2, having received the required conseltutional majority, is declared passed. END OF TAPE TAPE 6
PRESIDING OPPICER: (SENATOR LUFT) 3rd Reading of Senake Bill 473. Senator Lechowicz. Read the bill, please, Madam Secretary.
Senate Bill 4-7-3. (Secretary reads title of bill) 202 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May 17, 1989 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator Lechowicz.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This amendment -- the bill, as amended, on Senate Bill 4-7-3, is a recommendation of the Illinois Long Term Care Council. The amended version expands the time frame under which the rates are calculated. This amendment cuts off one year of the time frame, reflecting the previous year's cost instead. There is no fiscal impact in Pkscal .90. There is a projected fkscal impact of approximately fifteen million dollars in Fiscal :91. There is some discussion on that between the Long Term Care Council and the Department, and that's What the extent of this bill is, as amended. I would imagine there's gonna be further negotiations on this bill When it gets to the House. And I'm sure Wedre gonna see it back from the Long Term Councilz Pete Peters, and the department, at that time. I have no I have no further --
PRESIDING OFFICER: (SENATOR LUFT) -- Discussion? Senator -- Senator Lechowicz. Senator Lechowicz.
That is the exkent on the amendment on -- on 473. will be more than happy to answer any questions. If notr 1111 ask for your favorable support.
PRESIDING OFFICER: (SENATOR LUFT) Discusskon? Senator Topinka.
Yes, Mr....Mr. President and Ladies and Gentlemen of the Senate, I -- I support Senator Lechowicz on this. do have many homes for the aging in my district. I would like to make note: though, in our latest staff analysis - because I do like to kind 203 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May l7, 1989 of keep track of how we spend pocket change around here. I do show a fiscal impact on this bill of 18.8 million dollars.
PRESIDING OFPICER: (SENATOR LUFT) Further discussion? Senator Demuzio.
Wellp thank you, Mr. President and Ladies and Gentlemen of the Senate. I1d like to: if I miqht, ask Senator Lechowicz some questions
PRESIDING OFFICER: (SEXATOR LUFT) -- He indicates he vill yield.
Just recently in the -- Senator Watson's area, and mine, and a number of others, there were some rates that -- rate formula that Was filed *1th the Joink Committee on Administrative Rules that took away, and reallocated, the money within the Department 's reimbursement for -- for nursing homes; recalculated the amounts to the extent that the -- nursing homes in the northern part of -- of Illinois received a higher rate than those of us in the central and southern area. Will this have anything to do with that rate? Or does this codify that which was -- was submitted to the Joint Committee on Administrative Rules, and the formula by which under they are operating today?
PRESIDING OFFICER: (SENATOR LUPT) Senator Lechowicz.
Two ikems, Mr. President. One, to respond to Senator Topinka - - Topinka, I menkioned in my explanation the bill, as amended: Would have no fiscal impact in Fiscal 1990, and the projected for '9l is fifteen to eighkeen million dollars. There is no projection in 1990. Number two, as far as the reimbursement rate between upstate and downstate, it is not addressed in this bill. But I would imagine the whole purpose of this is to qet everybody 204 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 involved in talking on this subject matter of reimbursement. And it's the intent of myself, Senator Topinka, the Lon: Term Care Council, the Departments, and the nursing homes, to make sure whatever's gonna be done is gonna be done equitable.
PRESIDING OFFICER: (SENATOR LUPT) Further discussion? Senator Demuzio.
Well, I'm not sure I'm ready to support thls bill today. It just seems to me that when we realloc4ted the current resources -- khe current funding within the budget this year, it took a substantial amount of money out of our nursing homes in -- in downstate. And to send this over here codifying that which don't -- simply don't agree with, seems to me to f1y in the face of what I'm a11 about here. What assurances do I have that thks bill's coming back, Senator Lechowicz?
PRESIDING OFFICER: (SENATOR LUFT) Senator Lechowicz.
Well, rest assured it's gonna come back. Because theredll be an amendment adopted in the House that's gonna come back here. 1111 tell you who the sponsor's gonna be in the House, too. It'11 be Bugielski.
PRESIDING OFFICER: (SENATOR LUFT) Senator Demuzio.
I'm more intêrested in What the amendment Will be adopted lnto the House than I am àn the sponsor.
PRESIDING OFFICER: (SENATOR LUFT) Senator Lechowicz.
Well, let me just point out to Senator Demuzio, and anybody who's interested in khis area, I will be more than happy to 205 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 1989 discuss any type of amendment that will be discussed in the House with you and anybody else. I've always been open and aboveboard, and I don't intend on chanqinq.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? You wish to close, Senator Lechowicz? All right. The question is -- the question is, shall Senate Bill 4-7-3 pass. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have al1 voted Who wish? Have a11 voted Who Wish? Take the record: please, Madam Secretary. On that question, there are 32 Ayes, the Nays are l5, 4 voting Present. Senate Bill 4-7-3, having received the required constitutional majority, is declared passed. On khe Order of 3rd Reading is Senate Bill 4-7-7. Senator -- Senator O'Daniel. Out of the record, Madam Secretary. On the Order of Senate Bills 3rd Reading, 4-7-9. Senator O 'Daniel. Read the bill, please, Madam Secretary.
Senate Bill 4-7-9. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPPICER: (SENATOR LUFT) Senator O 'Daniel.
Thank you, Mr. President and Members of the Senate. Senate Bill 479, as amendedg requires khe Department of Transportation safety kest of trucks, truck tractors, trailers, semitrailers and buses to be conducted accordinq to the Federal Highway Administration's standards contained in the Federal regulations, and as this is amended it's agreed to by the State Police, the Department of Transportation, and the Trucking Association.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is, shall 206 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 Senate Bi11 4-7-9 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who wish? Have al1 voted who wish? Have all voted who wish? Take the record, please, Madam Secretary. On that question, the Ayes are 56, Nays none, none voting Present. And Senate Bill 4-7-9, having received a constitutional majority, is declared passed. On the Order of 3rd Readinq is Senate Bill 480. Senator O'Daniel. Read the bill, please, Madam Secretary.
Senate Bill 480. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator O 'Daniel.
Thank you, Mr. President and Members of the Senate. Senate Bill 480, as amended, clarifies the bridge formula of maximum Weight limits on certain semi trucks, and cozzeets arithmetic errors in the weight limit -- weight limit table for five actual trucks. It just clarifies some legislation we passed here last Session.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? 'If not, the question is, shall Senate Bill 4-8-0 pass. Those in favor will vote Aye. Opposedy vote Nay. The votkng is open. Have all voted Who wish? Have a11 voted who wish? Have al1 voted who wish? Take the recordp Madam Secretary. On that question, khe Ayes are 52, none voting Nay, the Presents are none. Senate Bill 480, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 4-8-1. Senator O'Daniel. Read the bill, please: Madam Secretary.
207 STATE 0F ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 Senate Bill 4-8-1. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LUFT) Senator O'Daniel.
Thank you, Mr. President. Senate Bill 481, as amended, includes, as nonreportable offenses, various equipment violattons concerning lighting, brakes and loads.
IRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? If not, the question is -- I'n sorry...tmachlne cutoffl..wsenator Geo-Karis.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LUFT) He indicates he Will yield.
My analysis says that -- it provides that certain lighting offenses, as well as defective brakes, and spilling loads on the highway would not be reported to the Secretary of State. Is that correct?
PRESIDING OFFICER: (SENATOR LUFT) Senator O 'Daniel.
Spilling loads and safe -- protruding components was amended ouE of the legislation, Senator Geo-Karisv in Amendment No. l and 2.
PRESIDING OFFICER: (SENATOR LUFT) Senator Geo-Karis.
As much as I have the highest -- respect for the sponsor, Mr. President and Ladies and Gentlemen of the Senate, I feel that khen 208 STATE OF ILLTNOIS 86th GZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 3lsk Legislative Day May l7p 1989 they don 't report defective brakes we are we are really gambling wïth the lives of people. And under this bkll, the way it's been amended -- the Way it isz rather provides that defective brakes would not be reported to the Secretary of State. And I rise against a bill that that's in, and I would suggest that the sponsor take it out of the record, and leave that in.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Watson.
Thank you. A question of the sponsorr please.
PRESIDING OFFICER: (SENATOR LECHOWICZ) He indlcates he'll yield.
Right now, I believe in -- a brake violation is considered a moving violation. And are you just simply changin: that to be an equipment violation, or are you just taking it out altogether?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator O'Daniel.
It's a -- it's a equipment violation, and these are a11 still arrests. It just -- instead of it being reported on the -- against the driver's -- driving record, it will be reported as equipment violation. It's still fined and everything. It just doesn 't go aqainst the driver's record. The driver shouldn't be responsible for that kind of -- the condition of the equipment. He 's still fined, and allg but this doesn't hurE his driving privileges. That's all this does, and I I don't think there's any opposition to it now.
PRESIDING QFFICER: (SXNATOR LECROWICZ) Senator Keats -- I'm sorryr Senator Watson.
I appreciate -- okay. Frank, go ahead. 1'11 finish. 209 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17: 1989
PRESIDING OFFICER: (SENATOR LECHOWICZ) Watson. Senator Watson.
Yes. Thank you. I understand there's no such thing as actually a moving violationz but if you get three tickets and itls a reportable offense to the Secretary of State, then that becomes one of those violations that accumulate to get three tickets so youdll lose your license. Is that correct?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator OlDaniel.
Yes. That's correct.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.
Alright. So a11 we're saying then is that it will no it Won't go against your drivin: privilege. That the brake violation Will not go against your driving privileqe - those three violations that would eliminate your license. That's all youdre doing here.
PRESIDING OPPICER: (SENATOR LECHO%ICZ) Senator O 'Daniel.
Correct. That's -- that's a11 wedre doing. Theydll still be fined, and all, but it just doesn't go against their driving privileges.
Thank you .
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Watson.
Yes, thank you. Well, I'm -- I1m gonna speak on behalf of the 2l0 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 legislation, because Ilve -- Ilve had several cases Where drivers who either rent, or they work for someone else, rent a truck, work for somebody else. They -- tbey go into the -- into the place of business in the morning. They -- the truck's there. They got to take the truck out. They aren't really experts in the area of equipment. And that should be the responsibility of the owner, not necessarily the driver. And I've had drivers that have gotten their license revoked or suspended for the three -- three violations, and I don't think that that's simply right. If theylre out there speeding, that's one thing. But this should be an equipment violation, and shouldn't qo against your driving record and -- and accumulate those three violations. So I'm in support of the legislation. Thank you.
PRESIDING OPFICER: (SENATOR LECHQWICZ) Senator Keats.
First, I khink there's a misunderstanding. The Illinois Department of Transportation is on record in opposition to the bill. And I know youlve experieneed the big trucksr and I do too. You know, we use some pretty bi9 hauling equipment. I'm not going to argue whether it ought to be on the guy's driver's license, or whether it out to be on the equipment thing. But the simple fact is under Federal Law, khe driver's foolàng W1th a kruck that weighs more than twelve thousand pounds -- he has to, by Federal Law , do a walk-around inspection - includes brakes, etc. You don't want trucks of that size on Ehe road with questionable brakes. Now, I'm noE going to argue it should be *he driver. I'm not going to argue it should be the owner. The simple fact is the driver, under Federal Law, has to inspect it. Therefore, if he doesn't want to take a look at itr or wants to ignore it - do you really wan: that truck with questionable brakes out on the road? We just had -- well, I won't get into the 21l STATE OF ILLINOIS 86th GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7# 1989 aceident we just had yesterday that killed a young kid from Peoria. ïou can't have these big trucks out there like that. You have to look at brakes. That is probably the second most important thing on the Whole vehicle.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Kelly. Okay. Senator Pawell.
Thank you very much. Let me tell you in my in my real life in the past, I was on the Board of Directors of a -- of -- of the largest privately owned Erucking company in the State. We had an extremely larqe -- large fleet of trucks and -- and cabs and trailers. There was no Way that We, as owners of the company, could have pousibly known if a truck didn't have a light, didn 't have good brakes. We depended on oùr drivers to 1et us know those kinds of things. And if youire going to allow these trucks to get on the road, so the drivers don 't have to stop and tell us those kind of things, you, in effect: are -- are, potentially, causinq a lot of accidents. The second problem youlve got, is youdve :ot a 1ot of gypsies qoinq through Ehis -- this State, who are -- are disobeying a 1ot of our laws with their overloaded trucks, and their bad brakes: and their bad lights, and Wedre not gonna be able to stop them' either. And I think this is a bad precedent to -- to start. I think we ought to vote No. PRESIDING OFFICER; (SENATOR LECHOWICZ) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, I apologize for speakin: a second time: But the committee amendmenk deleted the references to unfastened protruding components, and the -- Amendment No. 2 deleted references to spilling or unsafe loads. If a driver's gonna take a truck, think it's incumbent upon him to try to test it and see if the brakes are Working, and 2l2 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May l7, 1989 he certainly -- if he sees anything protruding, he should call it to the attention of the people givkn: hkm -- the truck to drkve. think We have to fiqure out the safety of people. And I certainly cannot feel comfortable votinq for this bill, in its present form. I would suggest that the sponsor take it out, and let's put the safety factors in this bill, because right now this bill gives a license to go ahead and drive carelessly. It'll apply to any one of the gypsy drivers, as well as some of the ones that have regular jobs.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator O 'Daniel, to close.
Yes. This legislation doesn't have anything to do with a safe truck or all, anything of that nature. All this says is that hepll be fined, just like he always is. He still has to be responsible for that truck. It just doesn't go against his driving privileges. And -- and I think, you know, this is a very fair piece of legislation, and -- and in regards to what Senakor Fawell says, don't think she knows what she's talking about, because drivers with a good trucking firm they -- they keep a log of what's wron: with that truck during the day, and they see it's corrected in khe evening, and the driver comes and gets ik the next morning. But this isn't creating any more of a safety problem. This is a good piece of legislation. It should be passed. Appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The question isr shall Senate Bill 48l pass? All in favor signify by voting Aye. Opposed, voting No. The voting is open. Have a1l voted Who Wish? Have al1 voted who wish? Clerk will take the record. On this queseion, *here are 31 Ayese 23 Nayse none recorded as Present. This bi11# havkng recekved the constitutional majority, is hereby declared passed. 489. Senator 2l3 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 Topinka. Read the bill, Madam Secretary.
Senate Bill 4-8-9. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.
Yes, Mr. President and Ladies and Gentlemen of the Senate. Senate Bîl1 489 amends the Abused and Neglected Child Reporting Act in the Criminal Code, and provides that transmitting a false repork of child abuse and neglect Eo DCFS is a Class A misdemeanor, with a subsequent false report becominq a Class felony. It's basically designed to just up the ante on thisy because of the number of false reports.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Senate Bill 489 pass? All in favor will vote Aye. A1l opposed, vote Nay. Xour light Wasn't on. Senator Hawkinson.
Thank youy Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates shedll yield.
Senator, I assume under the current law that these false reports have Eo be knowingly false before the penalty applies.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.
It's not specified in the Statute.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hawkinson. 2l4 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7y 1989
Xou mean someone, who in good faikh: makes a report of child abuse that later turns out to be false, could be a felon under your proposal?
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senakor Topinka.
The Statute ks just sklent on bhat, though I would have no problem in seeking my House sponsor on this measure, should it get out, to add that into the legislation.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Any further discussion? Senator Collins.
Yes, thank you, Mr. President. I Would be very eoncerned about that. You talk about a deterrent for people reporting suspected child abuse. We would have most people just saying, ''Forqet about it.'' ''I don't want to be involved.'' And we don't want to do anything to let a bill out of here and that --
PRESIDING OFFICER: (SENATOR LECHOWICZ) -- The lady indicates shedll take an amendment in the House.
I don't care about the -- we -- We need to amend it before it goes out of here. Now, Senator Topinka is one of those people who are adamant about puttinq a bill into its -- you know, proper form before you Move it. And I'm not one to get up on the Floor and -- and speak against her bills...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Topinka.
But -- but following her own...
PRESIDING OFFICER: (SENATOR LECHOWICZ) I think she's gonna do that. Senator Topinka. 2l5 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7: 1989
If -- if I may respond to -- to Senator Collins. The current 1aW already...
PRESIDING OFFICER: (SZNATOR LECHOWICZ) No -- no -- no -- no. She Wasn't finkshed. I'm sorry.
Sorry.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Collins. Senator Collins. Please proceed.
Yeah, I still say that -- I say we don't pass this bill out of here like thak: because child -- reporting of child abuse the law says ''suspected.'' It did not say that if you were right or wrong - if you suspect, and you may be wrong. So anythin: that Would deter people from reporting suspected child abuse, we most certainly should not let it out of here on the ho/es that it will be amended in khe House. So, therefore, would encourage all of my colleagues on this side of the aisle to, please, vote against this bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.
Senator Topinka, did you intend for this legislation to include the word ''knowinqly,'' so that intent scienter would be part of the legislation?
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Topinka.
I think we should understand that there is already Statute Which does, indeed, you know, carry on and make penalties available now for false -- false calls and -- and -- and false reportkng. We are making it tougher. That's a11 wedre doing. 2l6 ' ù STATE OF ILLINOIS I 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 PRESIDING OFPICER: (SENATOR LECHOWICZ) Does that answer your question, Senator Marovitz? Al1 right. SENATOR MAROVITZ: No -- no. It didn't answer the question. I mean, could you repeat the last sentence that you just said, and keep my light on? SENATOR TOPINKA: I said already the Statute has penalties for false reporting. All we are doing is making them tougher. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz. SENATOR MAROVITZ: I understand you're making them tougher, but in the bill, where you're making them tougher, you're -- you dre not providing for any -- for any knowledge that there's a false report. And I think -- I understand what you're trying to do, and I think everybody over here understands what you're trying to do, except if you take the intent out of there, you discourage peoples with such a harsh penalty, from making these reports. I think there needs to be knowledge that, indeed, itls a false report. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. Since I raised the question, I think it's only fair to point out - as I understand your bill - she's not changing the scienter requirement at all. She's only increasing the penalties, and I have no problem with thak. We -- one of us probably should have raised Ehis issue when we -- when the original 1aw -- when the original 1aw was passed, not this bill. I don't see any problem with this bill. And -- and with -- With the sponsor's agreement to add ''knowinglyl' in the House, actually wedre gonna not only stiffen the penalties, but wedll improve the existing lawz which is way -- probably the way it i 217 i STAT: 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 ouqht to have been passed in the first place. So, with that understandinq, 1'11 support the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.
Thank you, Mr. President. 1, too, stand in support of this bill: because there have been many instances, I know in my districk, and I suppose al1 over, of false reports of child abuse. And I've heard of men: for instance, who have spent up to twenty thousand dollars in legal fees defendinq themselves against these kind of charges, only ko be found that they were not child abusers at all: and there is a problem with this. I think this is a good bill. PRESIDING OFFICERI (SENATOR LECHOWICZ) Senator Topinka: to close.
I would just seek your favorable vote.
PRESIDING OPPICER: (SENATOR LECHOWICZ) The question is, shall Senate Bill 489 pass. Al1 in favor Will vote Aye. A1l opposed, vote Nay. The voting is open. Have a1l voEed who wish? Have a11 voted who wish? The clerk will kake the reeord. On this question: there are 51 AyeG, Nayg none recorded as Present. This bill, havln: received the constitutional majority, is hereby declared passed. Senate Bill 495. Senator Holmberg. Read the bill, Madam Secretary.
Senate Bill 4-9-5. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Holmberg.
218 1 ! sThTs oe zsczxozs 86th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 Thank youy Mr. President. This bill amends the Nursing Home Care Act Eo require that new residents, at the time of admission, be informed of federal and State impoverishment rights. Current 1aW does not specify that spousal impoverishment rights must be communicated. It was further defined in an amendment that the definition of those rights would be by reference to specific existing defknktions kn State and federal law . Neither the Department of Public Health or the Department of Public Aid' opposes this bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Geo-Karis. SENATOR GEO-KARIS: Would the sponsor yield for a question? PRESIDING OFFICER: (SENATOR LECHOWICZ) She indicates she will. SENATOR GEO-KARIS: Could you just give me, briefly, a definition of spousal impoverishment rights? I meanr I don't Want to refer to some other legislation... PRESIDING OFFICER: (SENATOR LECHOWICZ) We heard the question. Senator Holmberg. SENATOR HOLMBERG: The Department felt that those do change from time to time because of Ehe Statukes, and the purpose of the bill is just to communicate what they are from year to year, so that the reference would be to the existtng State and Eederal lawy and the nursing homes would communicate that to those entering. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Geo-Karis. SENATOR GEO-KARIS: All Ilm asking is just tell me What they are at the present timee because I don't really know. I'm a lawyer, and I don't 2l9 STATE OF ILLINOIS 86th GENEAAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 understand what you mean.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Holmberg.
We have here that effectkve in -- September 30th, 1989, states must permit the at-home spouse to maintain a monthly income of at least a hundred and twenty-two percent of the Pederal 'threshold for a two-person household, which is seven hundred and sixty-ekght dollars. This level would increase to a hundred and fifty percent by 1992. The minimum resources that a spouse Would be allowed to retain will be twelve thousand. However, states have the option of increasing allowed resources to as much as sixty thousand.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Holmberg, you Wish to close?
Would just ask for a favorable vote.
PRESIDING OPFICER: (SENATOR LECHOWICZ) The question is: shall Senate Bill 495 pass. All in favor, vote Aye. Al1 opposedy vote Nay. Voting's open. Have a1l voted who Wish? Have all voted who wish? The clerk will take the record. On this question, tbere are 54 Ayes, no Nays, one recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senate Bill 498. Senator Friedland. Read the bill, Madam Secretary.
senate Bi11 4-9-8. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Friedland.
Thank you very much, Mr. President, Ladies and Gentlemen of 220 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 the Senate. Senate Bill 498, sponsored by myself, Senators Jacobs and Karpiel, would amend the Environmental Protection Act to provide that persons shall be liable for their proportionate share, rather than a1l the costsz for removal of release of hazardous substances. It's...it's endorsed by the IMA and other groups and DCCA. It was -- had a very good hearinq in eommittee, and it passed 9 to 3, and I'd urge your favorable support. PRESIDING OPPICERZ (SENKTUR LECHOWICI) Any discussion? Senator Welch.
Thank you. I have a feW questions of the sponsor, Mr. President. If he'll yield.
PRESIDING OFFICER: (SENATOR LECHOWICZ) He indicates he will.
Senator Friedland, is this bill in response to the Lenz Oil recycling contamination?
PRESIDING OFEICER: (SENATOR LECHOWICZ) Senator Friedland.
Thank you, Mr. President. Senator Welch, youdre the chairman of that committee that the bill was heard. I don't recall. Now what...what ...how did it end up in committee? What did we determine?
PRESIDING OFFICER: (SENATOR LECHOWICZ) senakor Welch.
Well, to paraphrase your testimony, yes, it was in response to the Lenz Oi1 site contamination.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Okay. Senator Friedland, he thanks you. Senator Welch, any further questions? 221 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7g 1989
Maybe 1911 have to answer that one too, but the second question is this. This -- the purpose of this bill ks to limit l i each generator's responsibility to his or her proportionate fault in causing environmental damage. Is that correct? PRESIDING OFFICERI (SENATOR LECHOWICZ) Senator Friedland.
Xes, that's correct, Senator. Say, for example, you had two gallons of waste oil, and the government wanted to sue you, ory you knowz make you remove iE, you'd be liable only for those kwo gallons, and not the other thousands that may be in there. Thatls what we're tryin: to do.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.
Isn't that exactly what happened in the Lenz Oi1 case? In thak particular case, each generator, including small -- oil users and Commonwealth Edison of their large oil depositors, ended up paying a proportionate share. That's exactly what your bill would do.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Friedland.
Thank you, Mr. President. Not only that, I think over a hundred or more persons were involved in that. Yes.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch.
So in other words, we pre currently doinq what your bill is tryin: to propose to do, with respect to the Lenz Oil case and other sites. 222 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legkslative Day May l7, 1989
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Friedland.
No, don't believe so. Now come on# Mr. Chairman. ïoulre the chairman of the committee. You heard all the testimony khere. And it passed out 9 to 3. That's not exactly what transpired.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch .
Welly I'm trying to point out that this bill is terrible, Senator. Frankly, what youdve introduced -- and I and I've got a -- you know, there's an article here from a fellow named Jerry Paulson, who is from McHenry County Defenderds, up near your area ... (inaudible remark by unidentified Member)
Well, fine. I've got three from Peru. And franklyx...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Please --let the gentleman conclude his remarks. Senator Welch.
... 1 will have a bill next week to take care of them . Number one, this bill is not going to Eake care of the people Who have been charged in the Lenz Oil site. This bill is not retroactive. Itfs not going to affect them. Secondly: there is no knstance where the State has required one responsible party to clean up an enkire site. That has never happened in the history of the State. Third, in the Lenz Oil caser each individual generator paid a proportionate share, bpt, even then, we could only track down approximately three million dollars of the liability. The Stake paid seven million dollars towards cleaning up that site. This doesn't sound like generators are being stuck with one hundred 223 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 percent. What you're goinq to have here, if this bill passes, is this: when you say that I dumped two gallons of oil into a pot, and I'm supposed to pay for two gallons of oil to be cleaned up, you 've qot -- the State will have to prove that put in two gallons of oil. Do you think very many generators of oil are going to come forward and say, ''yeah, I put in two gallonsl', ''I put in ten gallons''# ''I put in twentyu? They dre not going to -- they're not going to give you any information at all. Sog what's going to happen is the State is going to end up cleaning up a11 these sites. Theydre going to be paying one hundred percent, and then have to sue and try to prove certain amounts of liability on the part of each generator. And it's going to be impossible to do. This bill is not khe answer to that situation, Senator. It's a very terrible situakion. Next week, I have an amendment coming that is qoing to affect that situation. It's going to take care of the small generators that you dre trying to take care of. think that this bill should lay where it is. Lay it back on the Table where it belongs, and let's get about solving that particular case, instead of theoretical cases that don't really exist in this State, but when they do happen, we'll end up with the State paying millions of dollars that We don't have. I would urqe a No vote on this bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Schuneman.
Thank youy Mr. President. I'm not sure what the right ahswer is to the problem, and I'm also not sure hoW many of my colleagues even know there's a problem out there. This matter came to my attention just within the last week, When I Was contacted by three or fou'r of my constituents who, years ago, sold used motor oi1 to this Lenz 0il Company. And in the case of one of them, a farm equipment dealership, which is not enjoying the greatest business 224 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legkslatkve Day May l7, 1989 in the World now, theysre being asked to pay. They got twenty-eight cents a gallon for the oil that they sold and this guy took away. The EPA then found out that Lenz had not properly disposed of the -- of the fuel, and theygre coming back to our people, saying that they are the generators of this waste, and demanding that they pay like four dollars a gallon noW for that. 6o, in this -- ùn this one instance, a small business is being called upon to pay four thousand dollars to help clean up. I think what Senator Maitland -- or Senator Friedland is trying to accomplish is to make sure that nobody gets stuck for the entire bill, Which is apparently the Way the laW reads noW that that -- that under the right set of circumstances, one person or one firm could get stuck for Ehe entire amount. Might not' be a bad idea to put this bill out, and your bill, Senator Welch, because I think *e have to find a solution to this problem. It's -- it seems unfair to me, the way our current law is set up, that these people who were -- who thought they were disposing of waste properly by giving it to a licensed operator, a State-licensed operator, then to find out that years later they have to pay the cost of cleaning up some -- some storage site. That's not right, either. So, I think we need to maybe move both these bills along, and find a solution to the problem.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jacobs. Jacobs.
Thank you, Mr. Chairman and Ladies and Gentlemen of khe senate. stand in favor of this legislation. If we remember, When We go back to the original standpoint, there was a disproportionate share that was to be spread across the litigants. And because there were some khat Were bankrupt, and some that Went out of business, and they were not able to :et to through negotiated settlement through the courts, then they come up with a 225 i i 86S tT hAT GENo ER vAI LLL AS IN So EM IB sLY REGULAR sEsslox SENATE TRhugcRlpT i 31st Legislative Day May l7, 1989 proportionate share. So what has happened here, and what welre trying to do with this legislation, is to remove the courts from the issue, and I don't think thatls ever a bad idea. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President, Ladies and Gentlemen of the Senate. I rise in -- support of tbis bill, because it's not fair to charge someone for something that theydve shipped to someone elsey and then something happens and they get stuck with the whole bill. I think the proportionate representation on it -- the payment: is the only fair way to :o, and I speak in favor of the bill. PRESIDING OFFICER: (SENATOR LBCHOWICZ) Senator Berman. SENATOR BERMAN : Well, thank your Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition to this bill. And I rise in opposition on the grounds that what you are doing here is imposing a -- an invitation to pollute the environment. Because the extent of the exposure will never be more than as was described, a couple of gallons here, and a couple of gallons there. Thatls no way to enforce and try to maintain khe cleanliness of our environment. I think that there may be problems, as Senator Schuneman points out, but this is not the way to solve it. And I would suggest that this bill be defeated. Let us look at the proposal that Senator Weleh is gotng Eo have next week. because Ehere ought to be responsibility on the people that are pollutersg as to their exposure. It doesn't do us any good if there is pollution and everybody is pointin: the other finger at the other person. It ought to be eleaned up. The -- What happened in the case that was in court is that the court undertook, and Was able to delegate, the responsibility. That's okay, if everybody is before the court I 226 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 and they can show so that a hundred percent is covered. With E i this bill, you may only have ten percent covered, or twenty percent covered. Who picks up the tab for the resk? I don 't think that it ought eo be the taxpayers. I don't think it ought to be the State. It ought to be the people that contributed to the pollution. I urge a No vote. PRESIDENT ROCK: Further discussion? Senator Welch. SENATOR WELCH: Mr. President, I would just point out that some of the speeches in behalf of this bill don't relate to this bill. This wkll do nothing for the Lenz Oi1 case. Itls not retroactive. That liabiliky has been determined. And the question is whether it's going to be paid. The bill I'm goinq to propose next week will hold those people harmless, the small generators that wedre trying to take care of. Secondly, Senator Jacobs has said that, % well, this takes it 'away from the courts. Ik does exactly the opposite. Right now there's an incentive for individuals to settle with the EPA: to avokd qoing Eo court. That's hoW youfve got so much paid in already. Commonwealth Edison has settled. Other large generators have settled. What you're going to do is make Ehe State prove every single gallon of oil up and down the skreet. There's going to be no incentive to settle. Everybody is going to be encouraged not to settle. So you 're going to end up in more lawsuits. This is going to end up creating more pollutionz and encouraginq people not ko settle these cases. Sog you knowy this may be a great bill 'for environmental defense lawyers, but beyond that, it's terrible policy and it's terrible for the rest of khe people of the State of Illinois. And I Would urge a No vote. PRESIDENT ROCK: Furkher discussion? Senator Keats. 227 STATE OF ILLINOIS 86th GENERAL ASSEMBLX RZGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989
Quick question of the sponsor, please.
Sponsor indicates he wk11 yield, Senator Keats.
Thank you, Mr. President. Senator Friedland, this is strictly hazardous waste, not municipal waste: just hazardous, correct?
Senator Friedland.
Affirmative.
Senator Keats.
Thank you. I just wanted to ascertain Whetber or not I had a conflict. I do not. Thank you very much.
Any further discussion? Further discussion? Senator Freidlande you wish to close?
Thank you: Mr. President. Just in closing, that the responsible parties would be liable for their proportionate share in this. You know: I understand a committee chaîrman when his view doesn't prevail in committee. Being in the minority, I understand khat, but the -- unfortunately, his view didn't prevail khat day, and I hope again iE won't Eoday. Suppor: this qood piece of legislation.
Question is, shall Senate Bill 498 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On khat question, there are 38 Ayes, 17 Nays, 228 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7, 1989 voting Present. Senate Bill 498, havin: received the required constitutional majority, is declared passed. Ladies and Gentlemen, I think we have come to the end of a rather long day. We have a motion filed by Senator Philip and I to discharge bills in accordance wkth the agreements between the respectkve conmlttee chairs and minoriky spokespeople, and we have some resolutions to deal with, and that will conclude our business until nine o'clock tomorrow morning. Resolutionsg Madam Secretary.
Senate Resolution 320 offered by Senakor Berman. And Senate Resolution 321 offered by Senators Daleyy J. E. Joyce, President Rock and all Members. They're both conqratulatory. PRESIDENT R0C:: A1l right. Senator Daley on -- Senate Resolution 321. This is an congratulatory resolution. The other will go on the Consent Calendar, Madam Secretary. But 321: it is a congratulatory resolution that the Senator wishes to present later. And so he has moved to suspend the rules for the immediate considerakion and adoption of Senate Resolution 321. All in favor of the Motion to Suspend kndicate by saying Aye. All opposed. The Ayes have it. The rules are suspended. Senator Daley nov moves the adoption of Senate Resolution 321. All in favor indicate by saying Aye. A1l opposed. The Ayes have it. The motion carries, and the resolukion is adopted. (Machine cutoffl...senator Watson, with respect to your motion, perhaps we can just puk it on the calendar and deal with it tomorrow? You had a motion to What is Ehe motion, to reconsider? Right. The bill's not going anywhere, as long as that motion's filed..olmachine cutoffl...
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.o.tmachine cutoffl...
229 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May l7y 1989 Thank ypu, Mr. President, Ladies and Gentlemen of the Senate. After long hours of meetings and negotiations, Senator Philip and I have filed a Motion to Discharge the Senate Speckal Temporary Committees from further considerations of the bills listed on the aktached LIS printout, a copy of wbich I think has been distributed to every Member. These bills represent those agteements by the committee chairmen and the minority spokesmen as to bills that can be, or should be, readily discharged. Those of you who have bills yet remaining in committee, on both sides of the aisle, and wish to file an individual motion, those will be dealt With on Monday, pursuant to our agreement. In the meantimez I would suggest that We deal With this motionp so that khese bills will appear on komorrow's Calendar on the Order of 2nd Reading. And so I Would move you, Mr. President and Ladies and Gentlemen, khak the above-described bills be placed on the Order of 2nd Reading, and that this motion be effective immediately. And would solicit a voice vote affirmatively.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Karpiel: for What purpose do you arise? Alriqht. Alright,you've heard the motion. Senator Rock has movedy pursuank to Senate Rule l0, to discharge the applicable Senate Special Temporary Committees from further consideration of the bills listed on the attached Legislative Information Service printout, which will be -- that's why I'm reading it inko the record. And he further moves that the above-described bills and their respective commiteees khêre Ehey repose be placed on the Order of 2nd Reading. Those in favor of that motion will indicate by saying Aye. Opposed, Nay. Tbe Ayes have it. Those bills are discharged and will be placed on Ehe Order of 2nd Reading. Is there further buslness to come before the Senate? Senator Rock moves that the Senate stand adjourned until the hour of nine o'clock tomorrow morning. Senate stands adjourned. 230 STATE OF ILLINOIS 86th GENEQAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 31st Legislative Day May 17, 1989 END OF TAPE 23l y 74.'* REPORTZ TIFLDAY STATE OF ILLTNOIS PAGE l :3:54 ôôTH GENERAL AGGEMBLY 03/k5/90 SEN/T6 DA1t# TRANSCRIPTIDN 0F DEHATE IIkDEX NAV 17, 1969 H8-0058 FIRST REAOING PAGE B H8-0095 FIRST RE/OING PAGE 3 HB-0tûc FIRST READING PAGE 3 1 HB-Ot56 FIRST REAOING PAGE 3 j H3-0207 FIRZT REAOING PAGE 3 H8-0251 FIRST READIfMG PAGE 3 H8-:3*2 FIRST READING PAGF 3 H8-0307 FIRGT READING PAGE 3 HB-G312 FIRST READING PAGE 7 H:-O315 FIRST READING PAGE 3 8:-0370 FIRST READING PAG6 3 H:-04ö# FIRST READING PAGE 3 HB-048T FIRGT READING PAGE 3 H8-0535 FIRST READING PZG6 3 H8-0516 F1R35 REZDING PAGE 3 88-0586 FIRST READING PAGE 3 H3-0620 FIRST REAOING PAGE 3 HB-0730 FIRST READING PAGE 4 H3-0883 FIRST READING PAGE # HB-0931 FIRST READING PAGE h H8-0963 FIRST READING PAGE 4 . HB- :394 FIBST READING P4Gf 4 88-1095 FIRST READING PAGE # HB-tO96 FIRST READING PAGE # HB-1116 FIRST REAOING PAGE # HB-1tl7 FIRGT READfNG PAGE # HB-t1#0 FIRST READING PAGE * HB-1t5t FIRST READII4G PAGE # HB-1153 FIRGT REAOING PAGE & HB-126) FIRSr READIQG PAGE 4 H8- 1286 FIRST READING PAGE & H:-1304 FIRST READING PZGE # H%-13t2 FIRZS READIIkG PAGE 5 H3-t3t# FIRST READiNG PJGE 5 HB-l358 FIRGT REAOING PAGE 5 H3-1360 FIRST READING PAGE 5 HB- 1402 FIRST READING PAGE 5 HB-t425 FIRST READING PAGE 5 HB-1467 EIRST READING PAGE 5 HB-t480 FIRST READIC4G PAGE 5 H8-t5t4 FIRST REAOING PAGE 5 88-1576 FIRST RE40IlkG PAGE 5 H3-1665 FIRST READING PAGE 5 HB- 1ô?0 FIRST READING PAGE 5 H8-1672 FIRST. READING $ PAGE 5 HB-tô74 PIRSI READING PAGE 5 HB-1;23 FIRST READING PAGE 5 Hb-1716 FIRST READING PAGE 5 HB-177# FIRST REJDING PAGE + HB-1777 FIRST READJNG PAGE 6 HB-t759 FIRST ZEADING PAGE 6 H;-1881 FIRST REABING PAGE 6 aa-l89ô FIRST READING PAGE 6 H6-19é0 FIRST READING PAGE 6 88-1997 EIRST READI&G PAGE 6 H8-2535 FIRST READING PAGE 6 H1-20*2 FIRST READING PAGE 6 H8-206t FIRST REAZING PAGE 6 Hb-20&4 FIRST READING PAGE b H3-20:7 FIRST READING PAGE & 88-2280 FIRST READING PAG6 6 H8-2313 FIRST REJDING PAGE 6 H8-2323 F1R35 READING PAGE 6 H8-23Y3FIRSTREADING PAGE 6 1 ! REPORTI TIFLOAY STAFE 0/ ILLINOIS PAGE 2' t3:5# 86TH GENERAL ASSEHBLY 03/:5/90 1 DAILY TRANGLRIS PE TN IA OT NEOF DEBATE INOEX 1 MAY17, 1989 1 H8-2374 FIZST READING PAGE 7 H6-2:33 FIRST k6ALING PAGE 7 HB-25l# FIRST AEADING PAGE 7 H8-2757 FIRST READING PAGE 7 H8-2776 FIRST READING PAGE 1 H3-2805 FIRGC READING PAGE 7 H3-2808 FIRST READING PAGE 7 SB-DD6B THIRO READING PAGE 9 SB-OOTO THIRD READING PAGE 16 SB-0O7# THIRD READING PAGE :7 SB-0089 THIRD READING PAGE 25 SB-U0B9 UUT Gf RECOR: PAGE 29 S3-0107 THIRD READING PAGE 29 S9-0112 THIRD READING PAGE 33 SB-21l2 0UT Qf RECOR: PAGE 38 S:-0tlT THIRD READING PAGU 38 58-0127 THIRD READING PAGE 45 SB-0l33 THIRD READIàG PAGE 66 S8-0t34 THIRD READING PAGE *1 58-01*2 THIRD RFADfNG PAGE 55 SB-0l#8 THIRD READING PAGE 6* S5-0t5d THIRD REABIQG PAGE T0 SB-0t62 THIRD READING PAGE 79 SB-0l68 THIRD READING PAGE 82 SB-0t69 THIRD READING PAGE 87 SB-0185 THIRD READING PAGE 88 Sb-ûl:6 THIRD READING PAGE 90 SB-2k86 POGTP9NED CDNJIDERATION PAGE 9* 58-0189 THIRO READtNG PAGE 94 58-0195 THIRD READING PAGE 95 Gb-Qt95 POGTPDNED CO/kSIDERATION PAGE t03 5:-0198 THIRO READING PAGE 1û# SB-0199 THIRD READING PAGE Lû8 SB-O2OU THfRD READING PAGE 109 SB-02dG THtRB READTNG PAGE 122 38-0226 THIRD RFADfNG PAGE t25 58-0228 THiRD READING PAGE l2' SB-O23t THIRD READING PAGE 128 SB-02G3 THIRD RFADING PAGE 13ï ZB-02## TBI'RD READING PAGE t36 5:-0245 THIRD READING PAGE 13' :8-0247 THIRD READIRG PAGE t38 53-0250 THIRD REAOING PAGE t39 53-0250 POSTPSNED EORSIDERATION PAGE 1#l SB-U25* THLRO READING PAGE 1#1 53=025T THIRD READING PAGE l#3 S3-0e6; THIRD READING PAGE 145 SH-02Tn THtRD READING PAGE l#8 SB-027O POôTPONED EONSIDERATIGN PAGE t6t 5:-0298 THJRD READING PAGE 16t S8-G3ût THIRD READING PAGE l63 58-0302 THIRD READING PAGE 1ô2 3b-030: THIRD READING PAGF 168 38-:309 THIRD READING PAGE l68 5:-03*7 THIRD REAOjNG PAGE l69 S8-035# THIRD READING PAGE t72 53-0355 THIRD READING PAGE l73 S2-û3;0 THIRD READING PAGE 17# 58-0371 THIRD ZEADING PAG/ t75 SB-0371 DbT OF REEORO PAGE 182 58-0373 THlilD REABJNG PAGE t32 SB-037# THIRD REAZING PAGE t82 53-03:5 THIRD READJNG PAGE l39 58-0376 THIRO READING PAGE l90 ! i , REPORT: FIFL:JY STATE GF ILLINOIS PAGE 3 t3z5# 88TH GENERAL AGSEMHLY 03/15/90 ZENATE DAILY TRANSERIPTION OF DEbATE IN9EK @AY 17: :989 S:-O3T6 0UT OF REEORD PAGE 58-0383 THIRD READING PAGE SB-038# GUT 06 REGORD PAGE 58-0388 THIAD READING PAGE 58-0389 THIRO READfN: PAGE SB-0##9 THIR; READING PAGE 58-0452 TaIRD READING PAGE 58-0452 DISCUSSED zN0 POSTPONED PAGE 5:-9472 THIRD READING PAGE SB-û473 THIRD REAOING PAGE S;-0#79 THIRD READING PAGE Zô-0480 THIRD READIf4G PAGE SB-0#8t THIR: READING PAGE 53-0*89 THIRD REASING PAGE 58-0:95 THIRD REJDDMG PAGE S3-O#98 THIRD RHADING PAGE 53-0#99 THIRO READING PAGE SR-03l# RESOLUTTON OFFERfD PAGE SR-0315 RESOLUTION OFFERED PAGE SR-03tG RESOLUTIQN OFFEREP PAGE SR-n3L7 RESOLUTION OFFERED PAGE SR-0318 ADOPTED PAGf SR-O3t9 RESOLUTIOtM OFFERE: PAGE 5R-0320 RESOLUTION OFFERED PAGE SR-D321 APDPTED PAGE ZUdJECT f4ATIER ZENAYE TD ORDER - PRESIDENT ROCK PAGE t PRAYER - REVEREN; LEWIS M. KRAU3E PAGE t JOURNALS - POSTPONED PAGE t COMHITTEE REPORTS PAGE 2 MESSAGES FROM THe HOUSE PAGE 2 SENATE àT EASE PAGE 7 S:NATE AFTER EAG: - PZESIDENT ROCK PAGE 7 SENATOR DEBUIIO - PAPSIDING OFFICER PAGE to SENATOR LECHOMICI - PRESIOING OFFICER PAGE 27 PRESIDFNT RUCK - PRESISING PAGE 52 SENATOR D*ARCG - PRESIDING OFFICER PAGE 55 PRESIDENT RULK - PRESIDING PAGE 1% SENATOR COLLIRS - PRESIDING OFFICER PAGE 36 G6NATOR OEMUZIO - PRESIDING OFPICER PAGE 122 PRESIUENT RUCK - PRESIDING PAGE l#0 SENATOR LDFT - PRESIDING nFFTC6R PAGE l62 SENATOR LECHOHIEZ - PRSSIDfNG OFFICER PAG6 209 PRESIDENT RD2K - PRESIDING PAGE 227 3:NAT0R DEMUZIO - PRESIDING UFFICER PAGE 229 3ENATOR ROCK RfI MOTION T0 DISCHARGE PAGE 23O ADJOORNMENT PAGE 230