The hour of 11:30 having arrived, the Senate will please come to order. Will the Members be at their desks, and will our guests in the gallery please rise. Our prayer this morning by Pastor Michael Koschmann from Riverton Immanuel Lutheran Church, Riverton, Illinois.
(Prayer given by Pastor Michael Koschmann)
Reading of the Journal, Madam Secretary.
Senate Journals of Wednesday, January 10, and Thursday, January l1, 1990.
Senator Smith.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Wednesday, January 10th, 19907 Thursday, January 11th, 1990. Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
You 've heard the motion as placed by Senator Smith. Is there any discussion? If not, a1l in favor, indicate by saying Aye . A1l opposed. The Ayes have it. The motion carries, and it is so ordered. Senator Smith. Thank you. 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 Representatives has adopted the following Joint Resolution, in the adoption of which I'm instructed to ask the Concurrence of the Senate, to wit: STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 House Joint Resolution 93. (machine cutoff) House Joint Resolution 93. (Secretary reads HJR 93)
Senator Demuzio .
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Joint Resolution 93 is the resolution that calls for us to convene, guess, at twelve o 'clock to hear the Governor's message. Would move to suspend the rules for immediate consideration and adoption of House Joint Resolution 93.
Al1 riqht. Senator Demuzio has moved to suspend the rules for the immediate consideratlon and adoption of House Joint Resolution 93. A1l in favor of the Motion to Suspend, indicate by saying Aye. Al1 opposed. The Ayes have The rules are suspended. Senator Demuzio now moves the adoption of House Joint Resolution 93, which calls for us to convene in Joint Session in about ten minutes, across in the House Chamber. All in favor, indicate by saying Aye. All opposed. The Ayes have it. The motion carries. The resolution is adopted. (machine cutoff) All right. Ladies and Gentlemen: if I can have your attention. In a very few minutes we will be going across to the House for the purpose of the Governor's final Budget Address to the General Assembly and the people. The Committee on Escort will consist of Senators Netsch, Carroll, Senator Hallg Senator Davkdson and Senator Fawell. So the Committee on Escort - Netsch, Carroll, Hallg Davidson, Fawell - we'd ask you to meet at the front door of the House for the purpose of escorting H1s Excellency into the Chamber. Senator Geo-Karis, for what purpose do you arise?
Mr. President, Ladies and Gentlemen of the Senate, there will 2 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 be a Republican Caucus in Senator Pate Philip's offiee immediately after the Governor's Message. Please be there.
A11 right. Republican Caucus immediately after the Message in Senator Philip's office. Senator Vadalabene. Vadalabene.
Hello. Yeah, thank you, Mr. President. There'll be a Democratic Caucus in Room 2l2 immediately after the Governor's Budget Message.
A1l right. Democratkc Caucus immediately after the Message in Room 212. After fourteen years, the Governor has qiven me his personal assurance that the Message is no longer than twenty minutes today. So we're going to hold him to that. At the end of twenty minutes I want al1 the Senators to walk out. Senator Keats, for what purpose do you arise?
Thank you, Mr. President. At the convenience of the President, we have an agreement on, as you may remember, House Bill 2045, that had dealt with dealers and General Motors and their relationship . There was a Veto Override fkled. There haK been an agreement reached, and would like to read in the statement. Is now or later a more appropriate time for you?
I think later is more appropriate.
Okay. Thanks.
We have, Ladies and Gentlemeny I can have your attention and direct your attention to the President's Gallery, we have a couple of special guests, Mr. Phil Gonet from the Governor's Office and Garrett Deakin from Southern Illinois University, in 3 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 the company of two gentlemen, a Mr. Homa and a Mr. Ishikawa. They are the Deputy Director General of the Department of General Affairs for the Japanese Government and the Deputy Consul General, the Chicago Japanese Consulate. They are in Illinois to plan the first meetin: of the Illinois Nigata Council on Education and Economic Development, which is scheduled for April l2th# 1990, in Nigata City, Japan. And I Would ask that we reeognize and welcome our guests. Welcome to Illinois. Please stand and be recognized. All right. Ladies and Gentlemen, I hope everybody has heard the sequence of events. We have four or five matters of substance that the Senate will deal with later this afternoon, but kmmediately after the Governor's Message, the Democrats are to convene in Room 212 for the purpose of a caucus: the Republicans will convene in Senator Philip 's office for the purpose of a caucus. And then we will a1l reconvene on the Floor and handle our business, hope, with some dispatch. In the meantimeg Senator -- we -- Berman will move that the Senate stand in recess unkil the hour of approximately quarter to two - one-thirty or quarter to two - for the purpose of attending the House Chamber's Governor's Budget Message. And I Would ask the Members to please gather at the front door for that purpose. And remind Senators Netsch, Carroll, Hall, Davidson and Fawell that they have the aWesome responsibility of escorting His Eminence. (SENATE STANDS IN RECESS FOR GOVERNOR'S MESSAGE) (APTER RECESS)
All right. The Senate Will please come to order. Senator Rea, for what purpose do you arise, sir? Senator Rea . 4 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990
Point yesg point of personal privilege, please.
State your point, sir.
Ifd like to introduce the Marion High School Show Choir from Marion, Illinois, up here in the gallery. And We'd like for you to stand, and a1l of us welcome them to the Capltol today.
Will our guests please stand and be recognized . Welcome to Springfield. Senator Topinka.
Yes, point of personal privilege, Mr. President.
State your point, please.
Yesterday, apparently, in the House, there was some action taken on House Sill 2045 that's not goin: to come over here, but does resolve a question on which we've a1l been getting mail. And I've been asked to read something into the record so that We a1l know what went on in the House, and where we fall on this . And it reads: ''General Motors Corporation is placing a moratorium on the Delco-Tech Program for at least eighteen monthsg except where a letter of intent or the like is in place: until there is further review of the effects of the current Delco-Tech's service centers on dealership operations and customer satisfaction. Based on considerable dealer concern voiced through dealer councils, General Motors Corporation is stopping the rollout of the program until there is agreement between General Motors and al1 of its customers, including General Motors dealerships, that Delco enhances customer satisfaction and helps owners, dealers, and General Motors.n The agreement process would be through the 5 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 General Motors Dealers Policy Committee, which would include NADA, that's N-A-D-A, line group dealers, and division dealer council presidents. And that comes to us from GM. And apparently reflects House action yesterday.
All right. Ladies and Gentlemen, if can have your attention, the Chair will yield to Senator William Marovitz. We have some special guests that I would ask Senator Marovitz to introduce to us.
Thank you very much, Mr. President, for giving us the time. I want to introduce to the Illinois State Senate two young people who I met recently in Israel, and who are Ambassadors from the State of Israel to the United States - Goodwill Ambassadors. Every year the State of Israel selects a few teenagers for a youth delegation sent by the Israeli Ministry of Foreign Affairs and the Ministry of Education. This visit will introduce Israel to American high school students, and acquaint Americans with the life of young people in Israel. I think if you will listen to these youn: people and hear some of the experiences that they've had, you will be enriched and have a little better idea about -- about life in Israel today, and how they compare that with high school teenaqers that they've met in the United States. proud to introduce two wonderful young people, Alina Trachtenblit and Ohad Flinker from the State of Israel: to the Illinois State Senate.
(Remarks by Alina Trachtenblit)
(Remarks by Ohad Flinker)
Thank you very much, and Wedre certainly qlad you're here. 6 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 And I hope that you enjoy your stay in the United States.
Messages from the House.
A Messaqe from the House by Mr. O'Brien, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has accepted the Governor's specific recommendations for change, which are attached to a bill of the following title, in the adoption of which I'm instructed to ask the concurrence of the Senate, to wit: House Bill 1487. I am further instructed to deliver to you the objections of the Governor which are contained in the attached copy of this letter to the House of Representatives. Adopted by the House, March 6, 1990. John F. O 'Brien, Clerk of the House. A message from the House by Mr. OfBrien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I1m instructed to ask the concurrence of the Senate, to wit: House Bill 2402. Passed the House March 7th, 1990.
Rules Committee.
A Message from the House by Mr. O 'Brien, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has adopted the following Joint Resolutiong in the adoption of which I'm instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 85. Ilve got a like message on House Joint Resolution 86y 88, 89, 90, 9l, 92, 94, and 95. They're a11 eongratulatory. 7 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 PRESIDENT R0CK: Consent Calendar. Resolutions.
Senate Resolution 758 offered by Senator Alexander. Senate Resolutions 759 and 760 offered by Senator Brookins. Senate Resolution 76l offered by Senator Brookins. Senate Resolution 762 offered by Senator Severns. Senate Resolution 763 offered by Senator Savickas and others. Senate Resolution 764 offered by Senator Lechowicz. Senate Resolutions 765 offered by Senator Watson. Senate Resolutions 766 and 767 offered by Senator Mahar. Senate Resclution 768 offered by Senator Zito. Senate Resolutions 769 and 770 offered by Senator Thomas Dunn. Senate Resolution 77l offered by Senator Brookins. Senate Resolution 772 offered by Senator Karpiel. Senate Resolution 773 offered by Senator Lechowicz. Senate Resolution offered by President Rock, all Democratic leaders, and Senator Jacobs. Senate Resolution 775 with the same sponsorship. Senate Resolution 776 offered by Senator Hall and all Members. Senate Resolution 777 offered by Senator Savickas, Senator Davidson, and al1 Members. Senate Resolution 778 offered by Senator Vadalabene and a1l Members. Senate Resolutions 779 and 780 offered by Senator Vadalabene and all Members. Senate Resolution 781 offered by Senator Brookins. Senate Resolutions 782 and 783, 784 offered by Senator Brookins. Pardon me. I'm sorry. Senate Resolutions 782 through 785 offered by Senator Rea. Senate Resolution 786 offered by Senator Jerome J. Joyce. 8 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 Senate Resolution 787 offered by Senator Jones. Senate Resolutions 788, 789, 790# 791: 792, 793 offered by Senator Jones. Senate Resolution 794 offered by Senator Zito. Senate Resolution 795 offered by Senator J. E. Joyce. Senate Resolution 796 offered by Senators Hawkinson and Luft. Senate Resolution 797 offered by Senator Mahar. Senate Resolutions 798 and 799 offered by Senator Dudycz. Senate Resolutions 800, 80l offered by Senator Dudycz. Senate Resolution 802 offered by Senator Rea. Senate Resolution 803 offered by Senator Berman and a11 Members. Senate Resolution 804 offered by Senator del Valle. Senate Resolution 805 offered by Senators Friedland, Karpiel and Etheredge. Senate Resolution 806 offered by Senator Rigney. Senate Resolution 807 offered by senator Mahar. Senate Resolution 808 offered by Senator Kelly. Senate Resolution 809 offered by Senator Lechowicz. Senate Resolution 8l0 offered by Senator Keats. Senate Resolution 81l and 8l2 offered by Senator Macdonald. Senate Resolutions 813 through 827 offered by Senator Topinka . Senate Resolution 828 offered by Senator Zito. Senate Resolution 829 offered by Senator Raica. Senate Resolution 830 offered by Senator Daley and al1 Members. Senate Resolution 83l offered by Senator Ralph Dunn. Senate Resolution 832 offered by Senator Ralph Dunn. Senate Resalution 833 offered by Senator Ralph Dunn. Senate Resolution 834 offered by Senator Lechowicz. Senate Resolution 835 offered by Senators Fawell, Topinka, Philip , Hudson and others. 9 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 Senate Resolution 836 offered by Senator Topinxa and al1 Members. Senate Resolution 837 offered by Senator Topinka and a1l Members. Senate Resolution 838 offered by Senator Ralph Dunn. Senate Resolution 839 offered by Senator Jones. And Senate Resolution 848 offered by Senator Jcnes. They're all congratulatory and death resolutions.
Consent Calendar.
Senate Resolution 840 offered by Senators Rea, Ralph Dunn, O'Daniel and others. Senate Resolution 84l offered by Senator Collins. Senate Resolution 842 offered by Senator Collins. Senate Resolution 843 offered by Senator Rea. Senate Resolution 844 offered by Senator J.E. Joyce. Senate Resolution 845 offered by Senator Kelly. Senate Resolution 846 offered by -- 846 offered by Senator Kelly. Senate Resolution 847 offered by Senator Kelly. They're a11 substantive.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea, for what purpose do you arise?
Mr. President, I'd like leave to consider a Senate Resolution.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea, what's the number?
8-4-0.
All right. Senator Rea has sought leave of the Body to 10 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 suspend the rules to consider -- immediately consider, resolution - Senate Resolution 840. Is leave granted? Leave is granted. 0n the Order of Resolutions, Senator Rea.
Thank you, Mr. President and Members of the Senate. As you know, coal is a major resource in the State of Illinois -- over fourteen thousand coal miners. And we have acid rain legislation that is pending in Congress. And this resolution would call for a cost-sharing, so that everyone would -- would share in the cost of the -- in a -- lnstalling of various clean air devices for the use of Illinois or high-sulfur coal. And I -- this Will be important to Illinois, particular, and would ask for your adoption.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Is there discussion? If notg Senator Rea has moved the adoption of Senate Resolution 8-4-0. Those in -- has moved to suspend the rules for the immediate consideration and adoption of Senate Resolution 840. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have The rules are suspended. Senator Rea now moves the adoption of Senate Resolution 8-4-0. Those in favor will indicate by saying Aye. Opposed, Nay. The Ayes have it. Resolution is adopted . The remainder of those resolutions that Were read will go to the Executive Committee. Resolutions.
Senate Joint Resolution Number 18 <sicl (118), Constitutional Amendment. Senate Joint Resolution 119, Constitutional Amendment. Senate Joint Resolution 120, pardon me - those two resolutions were offered by Kustra, Philip, Weaver, DeAngelis, Davidson, Schaffer and Geo-Karïs. Senate Joint Resolution offered by President Rock and Senator Philip . 11 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 Senate Joint Resolution l21 offered by Senator Madigan. Senate Joint Resolution l22 offered by Senator Topinka. They're all substantive.
PRESIDING OFFICER: (SENATOR DEMUZIO) Executive. (machine cutoff) Resolutions.
Senate Joint Resolution 123 offered by Senator Daley. Senate Joint Resolution 124 offered by Senator Daley. Senate Joint Resolution l25 offered by Senators Hudson and Mahar. Senate Joint Resolution l26 offered by Senator Macdonald. Senate Joint Resolution l27 offered by Senator Macdonald and all Members. Senate Joint Resolution l28 offered by Senator Topinka and al1 Members. And Senate Joint Resolution 129 offered by Senator Daley and all Members. Theyfre both congratulatory and death .
PRESIDING OFFICER: (SENATOR DEMUZIO) Consent Calendar. Introduction of Bills. Introduction of bills, Madam Secretary.
Senate Bill 1511 offered by Senator Jacobs. (Secretary reads title of bill) Senate Bill 1512 offered by Senators Severns and Kelly. (Secretary reads title of bill) Senate Bill 1513 offered by Senator Rea. (Secretary reads title of bill) Senate Bill 1514 offered by Senator Brookins. (Secretary reads title of bill) Senate Bill 1515 offered by Senator Karpiel. (Secretary reads title of bill) STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 Senate Bill 1516 offered by Senator Hawkinson. (Secretary reads title of bill) Senate Bill 1517 offered by Senator del Valle. (Secretary reads title of bill) Senate Bill 1518 offered by Senator Collins. (Secretary reads title of bill) Senate Bill 1519 offered by Senator Collins. (Secretary reads title of bill) Senate Bill 1520 offered by Senator Collins. (Secretary reads tltle of bill) Senate Bill 1521 offered by Senator Collins. (Secretary reads title of bill) Senate Bill 1522 offered by Senators Berman and Topinka . (Secretary reads title of bill) Senate Bill 1523 offered by Senator Jones. (Secretary reads title of bill) Senate Bill 1524 offered by Senator Jones. (Secretary reads title of bill) Senate Bill 1525 offered by Senator Netsch. (Secretary reads title of bill) Senate Bill 1526 offered by Senator Smith. (Secretary reads title of bill) Senate Bill 1527 offered by Senators Smith and de1 Valle. (Secretary reads title of bill) Senate Bill 1528 offered by Senator Smith. (Secretary reads title of bill) Senate Bk1l 1529 offered by Senators Smith and de1 Valle. (Secretary reads title of bill) Senate Bill 1530 offered by Senators Smith and de1 Valle. (Secretary reads title of bill) Senate Bill 1531 offered by Senator Schaffer. (Secretary reads title of bill) STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 Senate Bill 1532 offered by Senator Jones. (Secretary reads title of bill) Senate Bill 1533 offered by Senator Jones and Smith. (Secretary reads title of bill) Senate Bill 1534 offered by Senator Jones. (Secretary reads title of bill) Senate Bill 1535 offered by President Rock and Senator Philip. (Secretary reads title of bill) Senate Bill 1536 offered by President Rock and Senator Philip . (Secretary reads title of bill) Senate Bill 1537 offered by President Rock and Senator Philip . (Secretary reads title of bill) Senate Bill 1538 offered by Senator J.E. Joyce. (Secretary reads title of bill) Senate Bill 1539 offered by Senator J.E. Joyce. (Secretary reads title of bill) Senate Bill 1540 offered by Senators de1 Valle, Smith and Hall. (Secretary reads title of bill) Senate Bill 1541 offered by Senators Geo-Karis and Jacobs. (Secretary reads title of bill) Senate Bill 1542 offered by Senator Fawell. (Secretary reads title of bill) Senate Bill 1543 offered by Senator Topinka. (Secretary reads title of bill) Senate Bill 1544 offered by Senator Topinka. (Secretary reads title of bill) Senate Bill 1545 offered by Senators Woodyard and O'Daniel. (Secretary reads title of bill) Senate Bill 1546 offered by Senators Woodyard and O 'Daniel. (Secretary reads title of bill) Senate Bill 1547 offered by Senator Kelly. 14 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7 , 1990 (Secretary reads title of bill) Senate Bill 1548 offered by Senators Karpiel and Etheredge. (Secretary reads title of bill) Senate Bill 1549 offered by Senators Rigney and Watson . (Secretary reads title of bi11) Senate Bill 155û offered by Senator Keats. (Secretary reads title of bill) Senate Bill 1551 offered by Senator Watson. (Secretary reads title of bi11) Senate Bill 1552 offered by Senator Fawell. (Secretary reads title of bill) Senate Bill 1553 offered by Senator Fawell. (Secretary reads title of bill) Senate Bill 1554 offered by Senator Fawell. (Secretary reads tltle of bill) Senate Bill 1555 offered by Senator Maitland. (Secretary reads title of bill) Senate Bill 1556 offered by Senator Maitland. (Secretary reads title of bill) Senate Bill 1557 offered by Senators Ralph Dunn, O 'Daniel , Eenny Hall, Rigney and others. (Secretary reads title of bill) Senate Bill 1558 offered by Senator Schuneman. (Secretary reads title of bill) Senate Bill 1559 offered by Senators del Valle, Smith and Hall. (Secretary reads title of bill) Senate Bill 1560 offered by Senator Marovitz. (Secretary reads title of bi1l) Senate Bill 1561 offered by Senator Marovitz. (Secretary reads title of bill) Senate Bill 1562 offered by Senator Marovitz. 15 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 (Secretary reads title of bill) Senate Bill 1563 offered by Senator Madigan. (Secretary reads title of bill) Senate Bill 1564 offered by Senator Maitland. (Secretary reads title of bill) Senate Bk11 1565 offered by Senator Lechowicz. (Secretary reads title of bill) Senate Bill 1566 offered by Senator Hawkinson. (Secretary reads title of bill) Senate Bill 1567 offered by Senator Maitland. (Secretary reads title of bill) Senate Bill 1568 offered by Senator Schuneman. (Secretary reads title of bill) Senate B11l 1569 offered by Senator Schuneman. (Secretary reads title of bill) Senate Bill 1570 offered by Senators Jacobs and Madigan. (Secretary reads title of bill) Senate Bill 1571 offered by Senators Jacobs and Madigan. (Secretary reads title of bill) Senate Bill 1572 offered by Senator Schaffer. (Secretary reads title of bill) Senate Bill 1573 offered by Senator Brookins. (Secretary reads title of bill) Senate Bill 1574 offered by Senator Barkhausen. (Secretary reads title of bill) Senate Bill 1575 offered by Senator Barkhausen. (Secretary reads title of bkl1) Senate Bill 1576 offered by Senator Barkhausen. (Secretary reads title of bill) Senate Bill 1577 offered by Senators Fawell and Philip. (Secretary reads title of bill) Senate Bill 1578 offered by Senators Davidson and Demuzio. 16 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 (Secretary reads title of bill) Senate Bill 1579 offered by Senators Karpiel and D'Arco. (Secretary reads title of bill) First Reading of the bills.
PRESIDING OFFICER: (SENATOR DEMUZIO) Rules Committee. A11 right. Ladies and Gentlemen, on -- Supplemental Calendar No. 1 has been passed out. It should be on your desks. Supplemental Calendar No. 1 is Conference Commkttee Reports. House Bill 595. Madam Secretary.
First Conference Committee Report on House Bill 595.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would like to give my time to Senator Rock on this bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 595, the First Conference Committee Report, has stripped everything that was previously in the billy and now is a single item appropriation - the sum of one hundred thousand dollars, or so much thereof as may be necessary, appropriated to meet the ordinary and contingent expenses of the joint committee, which is that committee composed of the four leaders. The purpose for this appropriation is to implement the Phase Two Census Bureau Agreement that we have made. As I'm sure your well aware, the four leaders have agreed to work With the Census Bureau in what they call Phase Two, which is the furthered subdelineation of the census tract maps to reflect the existin: political precinct lines across the State. And for that purpose, we intend to hire some 17 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 people to help. And that's the purpose of this appropriation. I know of no objection. I would solicit an Aye vote for the First Conference Committee Report on House Bill 595.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? Discussion? If not, the question is, shall the Senate adopt the Eirst Conference Committee Report on House Bill 595. Those in favor will vote Aye. Those opposed, Nay . The voting is open. Have a1l voted who Wish? Have a1l voted who wish? Have al1 voted who wish? Al1 right. Have a11 voted who wish? Take the record. On that question, the Ayes are 52# the Nays are none, none voting Present. The Senate does adopt the First Conference Committee Report on House Bill 595, and the bill, having received the required constitutional majority, is declared passed. 1287. Senator Kelly. Senator -- I beg your pardon. Senator Luft. Youdve filed a motion with respect to this bill? A1l right. House Bill 1287, Madam Secretary.
Second Conference Committee Report on House Bill 1287.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.
Thank you, Mr. President. Let me begin by thanking Senator Marovitz for the use of this vehicle. This Conference Committee Report reflects only a situation to our knowledge in the city of Peoria. And it took place many years ago, when the then Pleasure Drive and Park District in Peoria was merged with the City Recreatkon Department. At that ttme, the rate for the tax levy Was .0365, and the rate that has been used is .09, which is the rate that is allowable under the Park District. There's been an objection filed because of the rate believed to have been, and should be, .035. What we do with this Conference Committee Report is simply allow the rate that has been used for the last ten to 18 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 fifteen years: .09, to be codàfied. And I'd try to answer any questions, or appreciate your support.
Discussion? Is there any discussion? not, the question is, shall the Senate adopt the First -- Second Conference Committee Report on House Bill 1287. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have al1 voted Who wish? Have al1 voted who wish? Have a1l voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 49 Ayes, Nays, none votlng Present. The Senate does adopt the Conference Committee Report on House Bill 1287. And the bill, having received the required constitutional majorityz is declared passed. Al1 right. Ladies and Gentlemen, if I can turn your attention to Supplemental Calendar No. 2. Supplemental Calendar No. 2. (machine cutoff) Al1 right. Take out of the record, Madam Secretary. Senator Marovitz. We are at that order. All right. Supplemental Calendar No. Ladies and Gentlemen, on the Order of Specific Recommendations for Change: there is a Motion in Writing that has been filed With the Secretary with respect to House Bill 1487. Madam Secretary.
I move to accept the specific recommendations of the Governor as to House Bill 1487 in manner and form as follows: Amendment to House Bill 1487 in acceptance of Governor's Recommendations. Filed by Senator Marovitz.
Senator Marovitz.
Thank you very much, Mr. President and Members of the Senate . move to accept the Governor's amendatory changes, and for a favorable roll call on House Bill 1487 - the Statewide Grand Jury 19 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day Mareh 7, 1990 bill. I said when We considered this bill originally, and I repeat now , that the War on drugs is much too important to :et bogged down in some political rhetoric. Now I believe it's too important to -- to defeat, for reasons of a technical nature, even though those reasons are very substantial. This bill, in my opinion, will strongly assist state's attorneys and other 1aw enforcement officials in çetting at the core of the legal drug activity. That is the enormous profits reaped by drug dealers and drug kingpins. Now I don't want to stand up here and tell anybody that this bill is a panacea - that the be all, end all. That it's going to solve al1 the problems. It's not. This bill alone is not going tc solve the drug problems, and nobody is alleging that it is. But I think it will make a dent. I think it will make a large dent. It's golng to help. Itdll add another tool for law enforcement officials in their investigation to use. will allow that tool by the use of use immunity. It'l1 allow that tool by the use of additional eavesdropping capabilities, and it will prevent stonewalling of the investigation by witnesses who have information, but who heretofore have not supplied ehat information, because of immunity. But I must be honest, and I must be consistent, and before I do that, I want to just run over briefly the amendatory changes. The amendatory veto changes the language which allows the AG to apply to the Chief Justice of the Supreme Court to begin a Statewide Grand Jury. specifies how the AG must allege the elements to apply. It states that the Statewide Grand Jury should be able to investigate and indict any felony offense discovered in its investigation as part of the drug investigation. Defines property subject to forfeiture under the Narcotïcs Profit Forfekture Act. It allows substitution for property which may be legally obtained if they cannot find the illegal fruits of the drug deal. changes from transactional immunity to use immunity. It changes circumstances allowing the 20 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 nonconsensual eavesdropping. think I have to be honest with this Body, and although I am strongly in favor of this motion -- making this motion because of the import of this bill, and the import of the drug issue in our society, but have to be honest and consiskent with my colleagues. As Chairman of the Senate Judiciary Committee and as chief sponsor of this bill, I have expressed, and continued to have, serious reservations about certain provisions in the bill, and question the constitutionality of some of those provisions. This veto message -- this amendatory veto message is more that just tinkering with the bill. This is a major legislative overhaul of a bill that went through the committee process and saw substantial debate in b0th Houses of the Legislature. Ladies and Gentlemen, I call your attention to Page 8 of the Amendatory Veto Message, and I will quote for the record . I am quoting the Governor of the State of Illinois, ''While believe that use immunity should be the 1aw of the State in all criminal investigations, is beyond my amendatory veto power to accomplish.'' Now, Ladies and Gentlemen, I want to call your attention to Page 13 and 14 of the actual changes, and if you take a look at that, you will see that by the language that has been stricken by the Governor, in fact, he changes, in all cases in the State of Illinois, ''transactional immunity'' to ''use immunity ,'' in fact, doing what he says on Page 8, quote, ''it is beyond my amendatory veto power to accomplish.'' He also, in regarding eavesdropping -- and I think we ought to clarify for my colleagues the difference between eavesdropping and wiretapping, so that when everyone votes, they know what they are voting on. Wiretapping is nonconsensual in nature. Eavesdroppinq is an overhearing with consent by one party. The Governor's changes allow, for the first time in the history of the State of Illinois, there to be an overhearing of a conversation without judicial oversight. I want to repeat that. The Governor's changes allow, for the first time, 21 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 overhearing of conversations without any judicial oversight. He also removed the sunset provision that was requested by many in this Body so that We could see how this bill worked, and it would not be done for politieal purposes. And the other chanqe that I%d like to ''hone in on'' is the change which allows the substitution of legally obtained property for the illegal fruits and profits of drug dealing if those illegal fruits and profits cannot be found. Yes, I have great reservations with the Governor's power to have overstepped his boundsy and acted as a legislator in making major changes that did not go through the committee process. We've seen bills with a 1ot less changes than this ruled in noncompliance, and in my opinion this bill should be in noncompliance with our rules. I think the courts will make that ultimate determination, but we are here to decide what the priorities of drug dealinq and drug trafficking ks areg and in my opinion - and that is the reason I am making this motion - the overriding concern in this State and this nation is druqs, and anybody doesn't believe that, I believe you will hear from your constituents if you vote No on this motion, because it is very tough to explain to somebody how you voted No on a bill to get tough on drug dealers and qet at the profits of drug trafficking, when you voted No on this bill. I want my colleagues to know that a bill has been drafted and is being introduced to correct what think is the greatest concern in this bill, and that is the judicial oversight taken away from al1 eavesdropping cases involved in this bill. I have a bill drafted so that once again you will need judicial permission before eavesdropping, under these cases, is allowed. That bill has been drafted and will be introduced, and with your permission, and with your vote, will be passed by July 1st. This bill does not go into effect until January 1, 1991. So if we correct that great oversight, i.e., not allowinq judicial oversight over eavesdropping cases under this bill, that will take effect - can 22 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 take effect by July 1st, a full six months before this bill ever takes effect. So I think we will have corrected the greatest concern of this bill, and I solicit your Aye vote, and am willing to answer your questions.
All right. Discussion? Senator Lechowicz.
Very briefly, Mr. President, Ladies and Gentlemen of the Senate. Senator Marovitz pointed out the Governor's amendatory veto, and he read from Page 8, but he didn't really complete the entire paragraph. And I thinky in a11 fairness, it should be put in the record as well, that the Governor further stated, ''However, under a bill that of necessity allows parallel investigations to proceed. sometimes without knowledge of each other's existence, use immunity is an essential tool for avoiding immunization errors which could have the effect of making hard-won evidence useless. The purpose of this bill is to make it easier to prosecute criminals, not to create loopholes Which would allow them to evade justice.'' I think thatls a very important item that was missed. I had the opportunity of attending a Omni affair at the Ambassador West over the weekend, and a number of individuals in the private sector, in conjunction with Father Clements, and the theme was ''In Unison, Chicago Aqainst Drugs.'' This bill, even as amended, is an additional tool creating a Statewide Grand Jury to go after the profits of drug dealing. don't believe there is anybody -- anybody in this State or in this nation who wouldn 't be in support of this type of legislation. 0ne of the most heinous items a family can be exposed to is drugs and how it relates to the respective family individuals. 0ne of the criminal elements as far as the criminal justice system in Cook County - fifty-five percent of it is drug-related. Take a look at the report that just went across our desks the other day, where we have 23 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 twenty-three thousand inmates presently in our correctional system in the State, and even with new facilities coming on lineg the projection for 1991 is over twenty-seven thousand inmates above and beyond the capacity of the existing criminal justice system of the State. This is an important tool. It has my full support. I would hope that this entire Body would join in unison in making sure that drug dealing and its profits is thoroughly investigated, at every level, as quickly as possible. Thank you, Mr. President.
Further discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I guess I have a little bit of a problem. Whenever I came down, I made a commitment. I don't like to back down from my commitments. but that was yesterday, and then I flnd out a little bit today -- a little bit more about what this bill can do. And I hear tbe discussion about this is a tough-on-drugs piece of legislation, and I get a little bit concerned with that. I guess we could go back to the late '30s and the early '40s in Germany and probably use Hitler's line ''burning of the books.'' Had an ulterior motive, and it was a good thing, too. And not to make a -- maybe such a poor analogy, but I have a definite problem in -- in eavesdropping on innocent people's conversations. Now we can say that's not the intent of the legislation, and I don't believe that is the intent of the legislation, but that can happen, and I think anyone in this Body knows that I am not a bleeding: blooming liberal. In fact, I consider myself to be fairly conservative, but I think, at the same time, I agree with Senator Marovitz's positiong and I am not sure hoW I am going to vote on this yet, but I just want to say that I am sure that I agree with Senator Marovitz's position. If I had a guarantee, Billy, that we could get the new bill containinç the judicial oversight language, and we had a guarantee 24 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 from this entire Body, this entire Legislature, and the approval that the Governor Would sign it, I'd be on board this in a minute: but I am little bit concerned, and I don't know if we have those guarantees, and I guess rather than to make a speech, 1'11 end up by saying do you have an answer to that question?
Is there further discussion? Further discussion? Further discussion? Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. And I certainly ought -- we a1l ought to be concerned about this bill. As you remember in the normal Session, I put an amendment on it to sunset it after two years, because it was controversial . It'd certainly give the Attorney General more power than he's ever had. Wefve had -- I can remember way, way back when I was in the House, when Bill Scott had this same bill. The Governor, in his wisdom, decided to take out the sunset provision. I don't know what he was trying to do. I guess I can guess. Knd there are two other provisions I think that you ought to think about. One of them is the Statewide Grand Jury. In my judgment today, the Attorney General of the State of Illinois can come in any of the hundred and two counties in the State of Illinois and ask the local state's attorney to convene a grand jury. And I will tell you one thing there isn't a hundred and two of those elected state 's attorneys that would say no to the Attorney General. Now he has been there for seven-and-a-half years. and he hasn 't asked any of the hundred and two counties' state 's attorneys to convene a grand jury - period. Secondly, wiretap. That ought to scare the hell out of everybody in this Chamber. I understand under the law today, that the Attorney General can come into the chief judge of a circuit court, and ask that chief judge for a wiretap, and under proper circumstances, that chief judge can issue permission 25 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 for a wiretap. So he can already do it rkght now. He has been able to do it for seven-and-a-half years. To my knowledge, he hasnst ask for one wiretap in this State. But 1'11 tell you one thing. -- I say I have mixed emotlons - if there is anybody for law and order around here, check my record - but 1411 tell you one thing - I wanted a sunset. It was in the bill. We agreed to that in the House and the Senate, and for some reason, the Governor decided to cut that out. I think you ought to thknk twice before we do this to ourselves.
Further discussion? Further discussion? Senator Jones.
Yeah. Thank you, Mr. President and Members of the Senate. Will the sponsor yield?
Sponsor indicates he will yield, Senator Jones.
Senator Marovitz, you touched on lightly, but is contained in the Governor's amendatory veto - unlimited wiretapping? Can you explain what that actually means?
Senator Marovitz.
In essence -- in essence, the wiretap provisions have not been changed. Okay? think we are a1l getting confused between the terms wiretap and eavesdropping, and they are different. They are not the same. In essence, there hasn't been a change in the wiretap provisions. Okay? Basically, we passed a bill well. Okay. Let me -- 1et me get to the eavesdropping, which is the change - which is -- okay, the change is not in the wiretap. Regarding eavesdropping for the crimes stated within this bill, drug trafficking and money laundering, you can have an 26 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 eavesdropping an overhearing - with the consent of one party, and the 1aw enforcement officials can do that now, under this bill, without getting a court order to do that. Without going to court first to get approval to :et a warrant to do that, they now , for the first time, with the consent of one party - with the -- working in conjunction with the law enforcement agencies - can do an overhearin: of that other nonconsensual party. That's eavesdropping, and that's limited just to drug trafficking and money laundering. So we're not -- we dre not opening up eavesdropping. We are not touching wiretappingg and we are not opening up eavesdropping to al1 crkmes. We're only doing it for those crimes enumerated in this bill, L.e.g drug trafficking and money laundering. And I miqht add that I have said the bill is prepared. do not believe that any eavesdropping should be allowed without judicial oversight. The bill is going in, and will be introduced under my sponsorship - I'm happy to have you as a co-sponsor so that we will need judicial oversight even in those cases which is the 1aw today. And think if I get a sense of the Body, that we can pass that by July lst -- long before this bill goes into effect.
Senator Jones.
Well, for the concern I have, recall the issue was up before on the eavesdropping, but I do have grave concerns about thate because from your testimony, an innocent party, not knowing that someone else is involved in money laundering -- that conversation will be eavesdropped on, and then perhaps out of that evidence, charges -- or some unrelated charges can be brought against that person. Am I correct?
Senator Marovitz. 27 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Leqislative Day March 7, 1990
Would you repeat the question?
Senator Jones.
I have some person may be talking to their banker or their lawyer on some other business, and not even knowing that this other person is involved in money laundering, for example, and . . . Whkch person? The knnocent person - the person that has not consented to the eavesdropping. And so therefore that conversation and business Will be come into play in the event that you have -- I trust most of our law enforcement people are -- are - - are honorable, but then too, innocent persons can qet entrapped in this. Am I correct?
Senator Marovitz.
Under the example that you are givingg you are tellkng me that the money launderer is the one that is giving consent for the eavesdropping. That's your example, the money launderer. The person who is doing the drug trafficking or the money launderer is the one giving consent for the eavesdroppinq. It sounds like an example that would likely work the other way: but not that way.
Senator Jones.
Well, now I do have grave concerns about this portion, and let me say this for the record, as far as the Members of this Body, and my concern on -- on drugs. You know, I personally believe that persons convicted of trafficking and selling of drugs that they should receive the death penalty. That's my personal view , and have sponsored and passed the drug-induced homkcide 28 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 leqislation. However, I donft think that we should -- personally, do not believe that we should trample on the rights of innocent citizens when you come to eavesdropping. have qrave concerns about that, and even though you indicated that you Would sponsor legislation, but in my opiniong the Governor of this State has gone too far. He has began to legislate, and I thought that was left to the Members of the General Assembly. And so I have mixed emotions about this. I don't know What I am going to do on this legislation, but I don't like the idea of innocent persons beimg eavesdropped on: as was contained in this bill.
Eurther discussion? Senator Welch.
Thank you, Mr. President. Ladies and Gentlemen, many of the speakers have said that this is a very tough bill. Well, it's meant to be a tough bill, because fighting crime is a tough thing to do, and those people who are dealing with drugs are tough. And someone has to get tough with them, and it's about time we did in the State of Illinois. It's unfortunate that this bill has become somewhat of a political football. Senator Philip has said that the Governor vetoed the bill amendatorily - he thought he know why the Governor had vetoed it. I think we on this side knew why he vetoed it, as well, but I think it's important that We not lose the chance to pass this legislation, in spite of the Governor's act. Certainly if it is a lost cause, it will be the Governor who has made it a lost cause. The previous bill had passed and it was sittkng on his desk. He coukd have signed it, and we'd be fightin: drugs today with a Statewide Grand Jury. But he chose not to do so. But who really loses lf this bill loses? It's not going to be Governor Thompson. It's not going to be Neil Hartigan. Itdll probably be a generation of youth Who might be able to grow up drug-free if we could go out there and fight the 29 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR'SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 drug abusers, the drug kingpins. So I would urge an Aye vote on this bill.
Further discussion? Senator Davidson.
Question of the sponsor.
Sponsor indicates he will yield, Senator Davidson.
Senator Marovitz, in your explanation of eavesdropping about one party does it with his knowledge, and the other party doesn't. Would -- to this non-lawyer, would that be example what Bruce Earl did when he taped the conversation on Deon Thomas?
Senator Marovitz.
That would be a clear example of eavesdropping.
Senator Davidson.
Well, I think Senator Jones talked about innocent parties being victim of circumstances and no knowledge. I think the question I just asked, and you answered positive that's eavesdropping -- should be enough for everybody to be really concerned about this bill, and what it could do to innocent people.
Further discussion? Senator Dehngelis. SENATOR DeANGELIS: Thank you, Mr. President. Question of the sponsor.
Sponsor -- Mr. Sponsor? Indicates he will yield. 30 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 SENATOR DeANGELIS: Senator Marovitz, do you like this bill?
Senator Marovitz. SENATOR DeANGELIS: Do you like this bill, as
Senator Marovitz.
I have reservations With the bill as amended. PRESIDENT ROCK:. Senator DeAngelis. SENATOR DeANGELIS: Are there many or any parts of this bill that you violently opposed previously?
Senator Marovitz.
I am not a violent man.
Senator DeAngelis. SENATOR DeANGELIS: Did you passionately oppose it?
Further discussion? I am sorry. Senator DeAngelis. Senator DeAngelis. SENATOR DeANGELIS: I didn't hear his answer.
There are some things you can't deny.
Senator DeAngelis. STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 SENATOR DeANGELIS: Well, if -- if I hear this correctlyy you 're asking us to vote Yes on a bill that you basically don't like. I asked you -- I asked you if you liked it -- with reservatlon. What does that mean? That means you don't like it. Now -- so you want us to vote for this bill that you have some strong reservations about, and then you are going to come back in the spring to fix it. But, in the meantime, if you don't get a chance to fix it, you have put in place a mechanism by which the bill can be nullified, 'cause you have stated publicly that the Governor exceeded his amendatory veto powers in doing this. Now, if this bill is not what should be, and if in fact, might not even become lawg because of what you said already, and if you think this is so important and we a11 do - and you have to wait for the spring to make it work anyhow, why don't we just wait till the spring, and 1111 be happy to be your co-sponsor on a bill that will take of what you perceive to be your reservations, and perhaps you can take care of my reservations, and we will not have the threat of the bill being nullified because of what you have spoken. So why don't we just do that way? END OF TAPE TAPE 2
Further discussion? Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate, I listened very carefully to Senator Marovitz's discussion on this bill, and there is no doubt in my mind that he doesn't like the bill, when 32 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Leqislative Day March 7, 1990 he has such reservations. I have reservations, too. I fight drugs a11 the time in my own community. But I can tell you right now, the bill that we voted for did not contain that eavesdropping business, and I worry about how it'd be effective, and how it would be used on innocent people. And since Senator Marovitz graciously said he has a bill that he is drafting now which will take care of some of our reservations, I certainly will be willin: to wakt for your bill, and Billy, let's work on something that's constructive and fair and will do the job the way it should do it, instead of making it a political football. Therefore, I cannot support this one now.
Further discussion? Senator Brookins.
Thank you, Mr. President. Will the sponsor yield for a question?
Sponsor indicates he will yield, Senator Brookins.
Senator Marovitz, I need you to clear up the eavesdropping situation here. Are you sayinq that the wiretap which is beinq used - eavesdrop and Wiretap - is the wiretapping legislation still in effect, and in order to institute the eavesdropping portion of this bill, they would have to go to court and get permission from the judges to wiretap in order to institute the eavesdropping?
Senator Marovitz.
I think it's very important that we clear this up: so that nobody has any misunderstandings, before we actually vote. We cannot use the words ''wiretapping'' and ''eavesdropping'' 33 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 interchangeably. This bill really does nothing in terms of wiretapping. We have already passed legislation two years ago, when Richard Daley was the State's Attorney of Cook County, which allows nonconsensual wiretappkng in drug cases. So that's the law today. That is the 1aW in Illinois today. If anythingy this adds drug trafficking to that law. Okay? But it really doesn't make much change in terms of wiretapping, other than acting -- add drug trafficking. It makes a change regarding eavesdropping . That change is a federal 1aw now. That change has been tested constitutionally and found constitutional. It is used in many states, and it is used across the country by the Federal Government and the federal courts. So that's the law of the United States, and it says that in these cases of drug trafficking and money launderkng only, where you have one party 's consent to try and get at the drug trafficker or get at the money launderer, and you have the cooperation of a law enforcement agency or official: then you don't have to go to court to get a court order. And what I am -- that is the federal law. What I am saying is that the bill that's going to be introduced by me will say that even in those limited cases those limited eavesdropping cases - you will still need judicial oversight.
Senator Brookins.
Thank you, Mr. President. To the bill. think I am a ' co-sponsor of this bill, and had reservations because it stated in discussion When we passed the bill, though, that the.o.the rights - - the civil rights of minorities are being tread upon throughout the United States, and we just recently had enforcement of laws and wiretapping and sting operations and everything else concerning subjects such as this. And we look at the jails, even here in Illinois, where it's loaded with minorities. Minorities 34 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 are the only ones seem to be creating -- committing any crimes, and we seem to be the only one that are dealing in drugs. We look at the TV , and the only people we see arrested on the TVs and et cetera on the six o'clock news is minorities, specifically blacks , then comes Hispanics, but specifically blacks, and we build four or five neW jails or three new jails just to contain these minorities, these desperate people. So it's very, very hard for minorities to vote on this, to give these type rights to prosecutors who are going to seem to target minority groups. Here we go now with eavesdropz that they are going to just listen in on any conversation - anybody's conversation - and then enforce the law, and say that we are going to do it in the name of drug enforcement laws. Now my community has been devastated and is being devastated by drugs, and I am sensitive to that . And I have passed and voted on more drug bills than, would say, almost any legislator in here, and will continue to do so, but we are going to also have to invest in changing the psychological effect and the thinking of these people, through educational laws. So it's going to go hand-in-hand. Just for us to pass legislation for enforcement Will not work alone. This is -- this is a terrible, terrible bill. I donft know where I am on this bill as I talk to you, but it is very, very awful, and in a couple of minutes 1911 be making up my mind what to do. This is terrible, Brother Marovitz. This is a terrible bill. And what we need to do is bypass committee, and bring something right back to the Floor .
Further discussion? Senator Alexander.
Thank you, Mr. President. am merely makkng this statement for the record . That am totally - and have been always - supportive of any laws dealing with enforcement around drug trafficking. However, I cannot support any legislation that just 35 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 might trample upon the rights of innocent citizenry of the State of Illinois. I will support any other piece of legislation dealing on that subject that does not blatantly trample upon those rights.
Further dkscussion? Senator Hawkinson.
Thank you, Mr. President. I think Senator DeAngelis hit the nail on the head here. The defense attorneys must be rubbing their hands with glee to have seen the passages that the Governor put in the bill that it was beyond his power to do something, and then the fact that he did it anyway. And then the chief sponsor's admission that this bill is beyond the power of the Governor. The first time you indict somebody under this, any defense attorney worth his salt is qoing to go in and point out the record in this case, and is golng to nullify the law . Why don't you take it out of the record, clean up the provisions, put the sunset back in. You have done some good things with this bill. There is some good provisions in it in the war against drugs, but letfs make an enforceable bill, and something that everybody -- every 1aw enforcement officer in this State can live with, and let's come this spring and do it right.
Is there further discussion? Further discussion? Senator Marovitz, to close.
Thank you very much, Mr. President and Members of the Senate. Well, despite the fact that I have been here for fifteen years, and may be getting a little gray, I am not Judge Marovitz, and I can 't tell you what the courts of the State of Illinois are going to determine are constitutional and is not constitutional. Isve stood up here many times and told many of you that a lot of the 36 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 right-to-life bills that we passed in this Body were unconstitutional. Nobody listened to me then. Many of them were f3und unconstitutional, but don't remember anybody refusing to vote or refraining from votin: because of the constitutionality problem. hear some of my colleagues talking about eavesdropping, and saying, ''We11, this would allow any conversation to be eavesdropped.'' That's not what this bill does. Now I have explained it in the record at least six times. That is not what this bill does. It doesn't allow any conversation to be eavesdropped at all. It doesn 't change what can be eavesdropped. It doesn't change that at all: and I don't Want anybody voting No believing, or using as an excuse, that this changes someone's ability to eavesdrop on innocent individuals, be they minorities or not minorities. This bill is aimed at getting at drug traffickers. The consensual individual Who is giving permission for a conversation to be overheard will be with a law enforcement official to overhear a drug trafficker so we can get at that drug trafficker or that money launderer. Senator DeAngelis asks I'Why yes? Why do we do this? Why do you want to go ahead with this bill if you have reservations?'' Yes, I have reservations, but our job here in the General Assembly is to weigh and balance things, and in my opînion, the public good in getting at drug dealers and drug traffickers now, far overrides the problems that may be in this bill. And since this bill does not take effect until January l of 1991, we can take care of those problems. No, there are no guarantees. Death and taxes are the only guarantees in this country, but there are fifky-nine people in this Body, and if you have some objections - if Senator Philip wants the -- wants the sunset provision back in, and I agree With you, We'l1 put it back in. If we want judkcial oversiqht for eavesdropping kn these limited cases, and I agree, I have the bill to do that. And that will pass by July lstz a full six months before this bill ever 37 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 becomes effective. So any problems that we have can be rectified long before this bill ever becomes effective. The time is now to pass this bill and to make a statement. The Governor could have signed this bill as we passed it overwhelmingly. The Governor could have signed that bill, and if he had reservations, put in his own bill -- put in his own bill that could have been effective by July 1st. But he chose not to do that, jeopardizing the passage of this very important piece of legislation, and if doesn't pass, it's because the Governor didn't sign it. Make no mistake about The bill was there to pass. The effort was there to use. We made a statement in this Senate. The Governor -- a1l he had to do was sign the bill. He chose not to do it. If it goes down, shame on him . I think the Governor used his amendatory pen to excess. That's my opinion. think he legislated. That's my opinion. think that the courts may find it unconstitutional. That's my opinion. They don't need a case to do that. Somebody can take that case up to the courts immediately. That's my opinion. But the fact is I also think, in my opinion, that this issue of drug dealing, drug trafficking, is the most important issue on people's minds today. Number one, and I repeat, if you vote No# I think youdll find out where the desires and the concerns of your constktuency are. I solicit that you vote Yes on this bill. I think it's a very important piece of legislation, and together you have concerns - we'll pass those concerns by July 1st, a full six months before this bill becomes effective. This is the time to make a statement against dru: dealing in the State of Illinois. Thank you very much.
The question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 1487 in the manner and form just stated by Senator Marovitz. Those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have 38 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 1990 a1l voted who wish? Have all voted who wish? Have all voted Who wish? Have a11 voted Who wish? Have all voted who wish? Take the record. On that question, there are 18 Ayes, 20 Nays, 10 voting Present, and the motion fails. Senator Marovitz, you wish further consideration postponed? Senator Marovitz Wishes further consideration postponed, Madam Secretary. Resolutions. All right. Ladies and Gentlemen, if I can have your attention, what remains before us is the Resolutions Consent Calendar. Senator Madigan has a motion with respect to a resolution that is currently residing in Executive Committee, and then the Resolutions Consent Calendar, and then the Adjournment Resolution. Senator Madigan, for your motion, please.
Thank you, Mr. President. With the consent of the Chairman and Minority Spokesman of the Executive Committee, I would miss - move to discharge that committee from further consideration of Senate Joint Resolution 121, and ask for its immediate adoption. It merely changes the recording date from March the lst to December 31st of 1998.
A1l right. Senator Madigan has moved to discharge the Committee on Executive from further consideration of Senate Resolution l2l -- Senate Resolution l21 for the -- Senate Joint Resolution l2l -- and asks for its immediate consideration and adoptkon. Al1 kn favor of the Motion to Discharge, indkcate by saying Aye. A11 opposed. The Ayes have it. The motion carries. Senator Madigan now moves the adoption of Senate Joint Resolution 121. Any discussion? Senator Joyce indicates his approbation. All in favor indicate by sayinq Aye. A1l opposed. The Ayes have it. The resolution is adopted. Resolutions.
Genate Resokutkon 849 offered by Senators Davkdson, Philip , 39 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 President Rock, and a1l Members. Senate Resolution 850 offered by Senators Schaffer, Philip , President Rock, and a1l Members. They 're both death resolutions.
Consent Calendar. With leave of the Body, we 'll add those to this Consent Calendar. Introduction of Bills.
Senate Bill 1580 offered by Senators Donahue and O'Daniel. (Secretary reads title of bill) lst Reading of the bill.
Rules Committee. Message from the Governor.
A Message from the Governor by Steven F. Selke, Director of Legislative Affairs. Mr. President the Governor directs me to 1a# before the Senate the following message: State of Illinois Executive Department. To the Honorable Members of the Senate, Eighty-sixth General Assembly. I have nominated and appointed the following named persons to the offices enumerated below, and respectively ask concurrence in and confirmation of these appointments of your Honorable Body. A Message from the Comptroller by Michael F. Danielse Legislative Liaison. To the Honorable Members of the Senate, Eighty-sixth General Assembly. I have nominated and appointed the following named person to the office enumerated below , and respectively ask concurrence in and confirmation of this appointment by your Honorable Body. Flled by Roland W. Burris, Comptroller.
Committee on Executive Appointments. Senator Demuzio, do you have a copy of House Joint 98? Thank you. Resolutions: Madam 40 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 Secretary. Messages from the House -- I'm sorry.
A Message from the House by Mr. O 'Brien, Clerk. Mr. President am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I'm instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 98.
Senator Demuzio.
Thank you: Mr. President.
Well, why don't We - we'll 1et the Secretary read in. Ladies and Gentlemen, if I can have your attention, this is the Adjournment Resolution. Madam Secretary.
(Secretary reads HJR98)
Senator Demuzio.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Joint Resolution 98 is the Adjournment Resolution. When we adjourn here in a few minutesg would call for us to come back on Tuesday, April the 3rd at the hour of twelve o 'clock -- hour of noon. I would move to suspend the rules for the immediate consideration and adoption of House Joint Resolution 98.
Al1 right. Senator Demuzio has moved to suspend the rules for the immediate consideration and adoption of House Joint Resolution 98. calls for us to return to Sprinqfield on Tuesday, April the 3rd, at twelve o'clock noon. A1l in favor, indicate by sayin: 41 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 72nd Legislative Day March 7, 1990 Aye. Al1 opposed. The Ayes have it. The rules are suspended. Senator Demuzio now moves the adoption of House Joint Resolution 98. Discussion? If not, all in favorr indicate by saying Aye . A1l opposed. The Ayes have The resolutfon is adopted. A11 right. The Resolutions Consent Calendar has been distributed. Madam Secretary, I am told no objections having been filed, and with leave of the Body, we added Senate Resolution 828 through 840 plus 848, Senate Joint Resolutions l20 and l23 through 129, Senate Resolution 849 and 850. If there's no objection, no discussion, Senator Demuzio moves the adoption of the Resolutions Consent Calendar. Any discussion? If not, al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. Those resolutions are declared adopted. Ladies and Gentlemen, it -- it appears that we have concluded our business: and is there any further business to come before the Body? Any announcements? Senator Philip, we are - if there is nothing further, Senator Vadalabene moves that pursuant to House Joint Resolution 98, the Senate stand adjourned until April the 3rd Tuesday, April the 3rd -- Tuesday or Wednesday -- Tuesday -- Tuesday, April the 3rd, at the hour of noon. Don 't forget the White Sox open on the 2nd and the Cubs open on the 6th, so we 'll be here on the 3rd. The hour of noon. Senate skands adjourned. 42 'REPORTZ TIFLDAY STATE 0F ILLINOIS PAGE t 15:*7 8&TH GENERAL ASSEMBLY 03/29/90 SENATE DAILY TRANSCRIPTION 0F DEBATE INOEX MARCH 0T, 1990 H3-0595 CONFERENCE HB-128; EONFERENCE 83-1187 POSTPONED CONSIDERATION HB-:#87 VETO ACTION SB-151l FIRST READING SB-l512 FIRST READING SB-1513 FIRST READING S:-15lG FIRST READING SB-t5t5 FIRST READING SB-t5t6 FIRST READING SB-15tT FIRST READING SB-15t8 FIRST READING 58-1519 FIRST READING 58-1520 FIRST READING 58-1522 FIRST READING SB-t523 PIRST READING SB-t52# FIRST READING 58-1525 FIRST REAOING 58-1526 FIRST READING 53-:528 FIRST READING 58-1529 FIRST READING SB-t530 FIRZT READING SB-tS3t FIRST READING SB-t532 FIRST READING 58-1533 FIRST READING SB-l531 FIRST READING 58-1535 FIRST READING 58-1536 FIRST REAOING 58-1537 FIRST READING 58-1538 FIRST REAOING :8- 1539 F IRST READING SB-15#0 FIRST READING SB-15Gt FIRST READING :8-:512 FIRST READING SB-15#3 FIRGT READING S3-l5*< FIRST READING SB-l5G5 FIRST READING SB-15#6 FIRST READING SB-t547 FIRST READING SB-t5*8 FIRST READING SB-l5#9 FIRGT REAOING S8-t550 FIRST READING SB-155k FIRST READING 58- 1552 FIRST READING 58-1553 FIRST READING SB-l554 FIRST READING 58-1555 FIRGT READING 58-1556 FIRST READING 58-1557 FIRST READING 58-:558 FIRST READING 5:-1559 FIRST READING SB-t550 FIRST READING S8-t58l FIRST REAOING 58-1562 FIRST READING 58-:563 FIRST READING SB-156# FIRST READING SB-t565 FIRST READING SB-t5&& FIRST READING :8-1567 FIRST READING 58-1568 FIRST READIKG :8-1569 FIRST REJDING ZB-t570 FIRST READING SB-l571 FIRST READING 58-1572 FIRST READING REPdRTZ TIFLDAY STATE OF ILLINOIS PAGE 2 tsz47 86TH GENERAL ASSEHBLY :3/29/90 SENATE DAILY TZANSCRIPTION OF DEBATE INDEX MAREH 07. 1990 SB-15T3 FIRST READING SB-l5T4 FIRST READING 58-1575 FIRST READING 38-1576 FIRST READING SB-t577 FIRST READING 58-:578 FIRST READING SB-t5T9 FIRST READING SB-t58O FIRST READING SR-0T58 RESOLUTION OFFERED 5R-0759 RESOLUTION OFFERED SR-G760 RESOLUTION OFFERED SR-076t RESOLUTION OFFERED SR-0T82 RESOLUTION OFFERED GR-07&3 RESOLUTION OFF6R6D 5R-076# RESOLUTION OFFERED 5R-G765 RESOLUTION OFFEREP SR-076& RESOLUYION OFFERED SR-O78; RESOLUTION OFFERED 5R*0768 RESOLUTION OFFEREZ SR-0T89 RESOLUTION OFFERED SR-0770 RESOLUTION OFFERED $R-07Tt RESQLUTION OFFERED SR-0T72 RESOLUTION OFFERED 5R-07T3 RESQLUTION OFFERED GR-077# RESOLUTION OFFFRED 5R-0775 RESOLUTICN OFFERED SR-07T6 RESOLUTION OFFEREP 5R-0777 RESOLUTION OFFERED SR-0T78 RESOLUTION OFFERED SR-BT79 RESOLUTION OFFEREO SR-O78n RESOLUTION OFFERED SR*078t RESOLUTION OFFEREO 5R-8782 RESOLUTION OFFERED 5R-0783 RESOLUTIGN OFFEREO SR-0T8# RESOLUTION OFFERED 5R-0785 RESOLUTION OFFERED SR-078& RESOLUTION OFFEREO SR-0;87 RESOLUTION OFFEREO 5R-0788 RESOLUTION OFFEREO SR-07:9 RESOLUTION OFFERED SR-0790 RESOLUTION OFFEREO SR-079t RESOLUTION OFFEREO 5R-0792 RESOLUTION OFFERED 5R-0:93 RESOLUTION OFFERED SR-O79* RESOLUTION OFFEREO 5R-0795 RESOLUTION OFFEREP SR-0796 RESOLUTION OFFERED 5:-0797 RESOLUTION OFFERED SR-n;98 RESOLUTION OFFERED 5R-:799 RESOLUTION OFFERED SR-O8OO RESOLUTION OFFERED SR-080t RESOLUTION OFFERED SR-0802 RESOLUTION OFFERED 5R-G803 RESOLUTION OFFEREO SR-0B0# RESOLUTIIN OFFEREO 5R-0805 RESOLUTION OFFEREO SR-n808 RESOLUTION OFFEREO SR-08G7 RESOLUTION OFFERED SR-0808 RESOLUTION OFFERED SR-0809 RESOLUTION OFFERED SR-08t0 RESGLUTION OFFERED SR-081l RESOLUTIGN OFFERED 5R-0812 RE3OLUTION OFFERED SR-08k3 RESOLUTION OFFERED REPCRTZ TIFLnAY STATE OF ILLINOIS PAGE 3 tsz#7 86TH GENERAL ASSEHBLY 03/29/90 SENATE DâIL# TRANSERIPTION OF DEBATE INDEX HARCH 0T, :990 SR-08tG REZOLUTION OFFERED SR-B815 RESOLUTICN OFFEREO SR-08t& RESGLUTIBN OFFERED 5R-0817 RESOLUTION OFFERED SR-0818 RESOLUTION OFFERED SR-08t9 RESOLUTION OFFEREB SR-0820 RESOLUTION OFFERED SR-082k RESOLUTION OFFERED 5R-0822 RESOLUTION OFFERED 5R-0823 RESOLUTION OFFERED SR-082# RESOLUTION OFFERED 5R-0825 RESOLUTION OFFERED 5R-0826 RESOLUTION OFFERED SR-Q827 RESULUTION OFFERED 5R-0828 RESOLUTION DFFERED 3R-0829 RESOLUTION OFFEREO SR-083G RESOLUTION OFFERED SR-0831 RESOLUTION OFFERED 5R-0832 RESOLUTION OFFEREO 5R-0833 RESOLUTION OFFEREZ SR-C83# RESOLUTION OFFERED 5R-0835 RESOLUTION OFFEREO 5R-0836 RESOLUTION OFFEREO 5R*0837 RESOLUTION OFFEREB 5R-0838 RESOLUTION OFFEREO 5R-0839 RESOLUTION OFFEREB SR-:8#G ADOPTED SR-O8#0 RESOLUTION OFFERED SR-08#1 RESOLUTION OFFERED SR-08*2 RESOLUTION OFFERED SR-08*3 RESOLUT ION OFFER ED SR-08## RESOLUTION DFFERED SR-08*5 RESOLUTION OFFERED SR-O8#6 RESOLUTION OFFERED SR-0B#7 RESOLUTION OFFERED SR-08#8 RESOLUTION OFFERED 5R-0849 RESOLUTION OFFERED SR-0850 REZOLUTIDN OFFERED HaR-0093 ADOPTED HJR-0098 ADOPTED SJR-;ll8 RESOLUTION OFFERED SdR-01l9 RESOLUTION OFFERED SJR-G120 RESOLUTION OFFERED SJR-Gt21 ADOPTED SJR-0t2k RESOLUTION OFFERED SJR-0t22 RESOLUTION OFFERED SJR-0t23 RESOLUTION OFFERED SJR-0l2# RESOLUTION OFFERED SJR-0125 RESOLUTION OFFERED SJR-0l26 RESOLUTION OFFEREB SJR-0t27 RESOLUTION OFFEREB SJR-0128 RESOLUTION OFFERED SJR-0129 RESOLUTIGN OFFERED SUBJECT MATTER SENATE T0 ORDER - PRESIDENT ROCK PAGE t PRAYER - PASTOR MICHAEL KOSCHMANN PAGE l JOURNALS - APPRSQED PAGE 1. MESSAGE FROM THE HOUSE PAGE l RECESS PAGE SENATE RECONVENES - PRESIDENT ROCK PAGE ?# SENATOR TOPINKA R6I REMARKS Gd/DELCO-TECH PAGE 5 REMARKS - ISRAEL GOODWILL AMBASSADORS PAGE 6 REPùRTZ TIFLnAV STATE OF ILLINOIS PAGE * 15:47 86TH GENERAL ASSEBBLY 03/29/90 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 0'T 1990 SUBJECT MATTER MESSAGES FROM THE HOUSE PAGE ''l SENATOR DEMUZIO - PRESIDING OFFICER PAGE kt PRESIDENT ROCK - PRESIDING PAGE l9 HESSAGE FRO: THE GOVERNOR PAGE 4.0 MESSAGE FRO: THE COMPTROLLER PAGE fi0 MESSAGE FROM THE HOUSE PAGE *1 RESQLUTIONS CONSENT EALENDAR - ADOPTED PAGE 42 ADJOURNMENT PAGE é.2