The hour of twelve-thirty having arrived, the Senate will please come to order. Wlll the Members be at their desks, and ) t' . will our guests in the gallery please rise. Prayer this afternoon by the Reverend Herbert Hubbard, Calvary Baptist Church , Taylorville, Illinois. Reverend.
(Prayer given by the Reverend Herbert Hubbard)
Thank you, Reverend. Reading of the Journaly Madam Secretary.
Senate Journals of Tuesday, April 24 and Wednesday, April 25, 1990.
Senator Hall.
Mr. Presidenty I move that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer. Mr. President, I move that reading and approval of *he Journals of Thursday, April 26th: in the year 1990, be postponed, pending arrival of the printed Journals.
You dve heard the motion as placed by Senator Hall. Is there any diseussion? If noty a11 in favor, indicate by saying Aye. All opposed. The Ayes have The motions carry, and is so ordered. Committee Reports.
The Rules Committee met at 11:30 a.m. on Tuesday, May 1, 1990. The following Senate Bills were unanimously recommended for referral to the Committee on Assignment of Bills: Senate Bill 1479: 1723, 1845, 2037, 2134, 2239 and 2255. Filed by Philip J. Rock, Chairman. 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 62nd Legislative Day May 1, 1990 Senators Demuzio and D'Arco, Co-chairmen of the -- Committee on the Assignment of Billsw refers the following bills to committee: Agriculture and Conservation - Senate Bill 20377 Executive - Senate Bill 21342 Finance - Senate Bill 1723: Judtciary - Senate Bill 1845: and Revenue - Senate Bill 1479 and 22557 and Transportation - Senate Bill 2239.
Madam -- what've you got now? More committees? Well. With leave of the Body. those bills that were just released, we'll waive the six-day posting notice, so they can, in fact, be heard before the deadline, Which is Friday. don't think there's any objeetion to that. A1l right. Leave is granted. Committee Reports.
Senator Welch, Chairman of the Committee on Energy and Environment, reports Senate Bills numbered 2087, 2091, 2102, 2115 and 2150 Do Pass. And Senate Bills numbered 1482, 2000 and 2111 Do Pass, as Amended. Senator Alexander, Chairman of the Committee on zlections and Reapportionment, reports that Senate Bills numbered 1663 and 1994 Do Pass. And Senate Bill 1849 Do Not Pass. Senator smith, Chairman of the Committee on Public Healthe Welfare and Correetions, reports Senate Bills numbered 1623, 2û54, 2089, 2093 and 2108 Do Pass. And Senaee Bills numbered 1577, 1850 and 1906 Do Pass, as Amended. Senator Brookins, Chairman of the Committee on Transportationy reports Senate Bills numbered 1531 and 1550 Do Pass. Senate Bills numbered 2088 and 2094 Do Passz as Amended. And Senate Bill 1544 Do No* Pass.
All right. Reports Recelved, Madam Secretary. STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990
The Senate -- received the Report on the -- Compensation Review Board an May 1990.
All righk. With -- with leave of the Bodyy that Report Will as -- as has happened in the past, be journalizedz and will be referred to the Senate Executive Committee. Resolutionsw Madam Secretary.
Senate Resolution 991 offered by Senator Hall. Senate Resolution 992 offered by Senator J.E. Joyee. Senate Resolution 993 offered by Senator Joyce. Senate Resolution 994 offered by Senator Hawkinson. Senate Resolution 995 offered by Senator Topinka. Senate Resolution 996 offered -- offered by Senator Dudycz. Senate Resolution 997 offered by Senator Savickas. Senate Resolution 998 offered by Senator Topinka. They're all congratulatory. Senate Resolution 999 offered by Senator Topinka. It is a death resolution. Senate Resolution 1000 offered by Senator Dudycz. is substantive. Senate Resolution 1001 offered by Senator Brookins. Ik is also substantive.
A11 right. ResoluEions 991 eo 999, Consent Calendar. The others will go ko Exeeutive. Resolutions.
Senate Joint Resolution 165 offered by Senator Woodyard. It is congratulatory.
Consent Calendar. 3 STATE OF ILLINOIS 86th GCNERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990
Senate Joint Resolution l64 offered by Senators Davidson, Philip and others. Senate Resolution 1002 offered by Senators Topinka, Philip and President Rock. It is also substantive.
Executive. Senator Barkhausen, for what purpose do you arise, sir?
Mr. President, I would like to ask that Senate Bill 1887, which has jusk recently been assigned or reassigned to the Judkckary Committee, that it initially been asskgned to Publkc Health, be heard in the Senate Judiciary Committee this afternoon, and for that reason would ask that the posking requirements be waived.
All right. The Gentleman has requested the posting requirements be -- Waived on Senate Bill 1887. Wlthout objection, leave is granted. All right. Ladies and Gentlemen, if I can have your attention. There has been a number of requests to videotape the Senate Session, WLS-TV, WICS-TV Channel 20, and WCIA Channel Without objection, leave is granted. Senator Woodyard, for what purpose do you arise, sir?
A point of personal prkvëlege.
State your point, please.
Thank youy Mr. President. In the gallery, ko the rearg is a -- a school from Danville, Illinois, the Holy Famlly School from Danville, Illinois. And kidsz Would you a11 stand up. 4 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1# 1990 PRESIDENT ROCK) Will our guests in the gallery please rise and be recognized . Weleome to Springfield. And if I ean direct take the prerogative of the Chair and direct your attention to the center aisle, a former presiding officer of this Body has jolned us, and we are always delighted to see the State's Attorney of the County of Cook, the Honorable Cecil Partee. Ladies and Gentlemen, if can have your atkention, please. If I can have your attention, *e have with us a very special guest, that Was to have been introduced in this Chamber by Senator Calvin Schuneman, who obviously is indisposed and not with us. And so he has asked Senator Rkgney to do the honors. Tbe Chail Witt yield ko Senator Rigney.
Mr. President and Ladies and Gentlemen of the Senate. It's my privilege to introduce a Lady from Dickson, Siberia. And she has been teaching in the Dixon school system this last semester. Her name is Nadezhda Naumenko' if I have pronounced that correctly. And at this time, I'd like to have her have the opportuniky to say a few words to the Senate.
(Remarks by Ms. Nadezhda Naumenko)
Senator Demuzio, for what purpose do you arise?
Thank yous Mr. president. Por the purpose of re-referring a bill. Senate B:ll 2102 was inadvertently put inko Local Government Committee - Would like to re-refer that bill to the Committee on Agriculture and to waive the -- the -- I'm sorry - - 2101, and waive the posting rule.
Al1 right. The Gentleman has moved to re-refer Senate Bill 5 STATE OP ILLINOTS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT :2nd Legkslative Day May 1, 1990 2101 to Local Government to the Executive Committee and Waive the appropriate posting. Without objection, leave is granted. Senator Fawell, for what purpose do you arise?
Well, as minority leader of the -- I mean, the ninority spokesman of Local Governmentw it would have been nice if somebody had come over and said somethin: to me.
You are correct. A11 right. Ladies and Gentlemeng with leave of the Body, wedll move now to Page 9 on the Calendar. Page 9 on the Calendar. And would call the attention of the sponsors, if they wish to call their measuresr al1 they have to do is ask. That's Senators Netsch, Watson: Macdonald, Kustra, Kustra and Dudycz. Al1 right. This is final action or will be final action if called for by the sponsor: so I'd ask the Members to please be in their seats, and I'd ask the staff to take their conferences off the Floor. Senator Philip, you want to introduee your -- Senator Philip, you Want to introduce your distinguished guest before we :et started here? You know the one I mean. Fred, I mean. Senator Philip.
All right. Thank ycu, Mr. President, Ladies and Gentlemen oe the Senate. We have Fred Poreman, the distinguished State's Attorney from Lake County and the appointee for the U.S. Attorney for Northern Illinois, - and his lovely daughter, Melanie kho has been a Paqe over the House.
Fred, welcome. Melaniez welcome. A1l right. Ladies and Gentlemen, top of Page 9, on the Order of Constitutional Amendment 3rd Reading, HJRCA Senator Netsch. Madam Secretary, read tbe amendment.
STATE 0F TLLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 House Joint Resolution Constitutional Amendment 4. (Secretary reads HJRCA No. 4) 3rd Reading of the resolution.
Senator Netseh .
Thank you, Mr. President. HJRCA 4, whieh ës co-sponsored kn the Senate by Senator DeAngelis, is the Constitutional Amendment that deals uith the subject of tax delinquent property, and is designed to help speed up the -- reactivization of tax-delinquent property so that it can get back on the tax rolls and be usefully used for affordable housing and other such purposes . Basically, what it does is to change the redemption periods that are constitutionally provided for for delinquent property for nonpayment of taxes. It allows a six-month redemption period for multifamily, commercial, industrial and vacant non-farm properties that are tuo or more years delinquent. That is currently five or more years delinquent. And it allows a one-year redemption period on the same cateqories of property, if the property, is one year delinquent. Let me emphasize one thing - two things, really. One, this is exaetly the same Constitutional Amendment that Was overwhelmingly passed by both Houses of the General Assembly and placed on the ballot in 1988. It failed by less than one percent of the required sixty percent referendum approval, and the only reason we believe, Why it failed - because it had total support of everybody across Ehe EEake - was Eha: at tHe same time , ehere was on the ballot the question of calling a Constitutional Conventiony which was a slightly controversial issue . A lot of people were being encouraqed to vote No on that and our belief is that that No vote just carried over to the vote on this constitutional proposal. We believe that the -- there really Was no basis for any kind of opposition, and it simply had not been expressed. The 7 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislakkve Day May 1, 1990 other thing that I want to make absolutely clear is that this does not affect residential property, single-family or under six units. absolutely has nothing to do With lowering the redemption period on ordinary residential property. And I think that ls quite critical, so no little o1d lady of eighty-five years old is goin: to lose her property because of tbis. It deals only with commercial and other property that we want back on the tax rolls. Thank you.
Discussion? Is there any discussion? If not, the question is# shall HJRCA 4 be adopted and approved. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who Wish? Have a1l voted who Wish? (Machine eutoffl...all voted who wish? Take the record. On that question, there are 56 Ayes, 1 Nay, none voting Present. HJRCA 4, having Iecekved the required three-fifths constktutional majority, is deelared adopted and approved. Senator Watson? On the Order of Constitutional Amendment 3rd Readinq is SJR 14. Madam Secretary, read the amendment.
Senate Joint Resolution Constitutional Amendment l4. (Secretary reads SJRCA No. l4) 3rd Reading of the resolution.
Senator Watson.
Yes. Thank you, Mr. President. That was quite lengthy, but I want to assure the Members that we're only :oing to add an additional twenty-one lines to the Constikueion, but We have ko read the whole section when the amendment is read. This is the State Mandates Aet. And as you knoW, We have in our Statutes language which was really -- the intent, I think, was to protect 8 STATE OF ILLINOIS h 86th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 the units of local government from -- from those of us here in Springfield who would like to pass on mandates and direction in policy to our communities, school boards, counties, townships throughout this State. And the intent of that leglslation Was to really put some restraint into that -- that type of policy. Well, as you know , we -- we now exempt ourselves from -- from that language generally, and as a result, we can -- we still continue to mandate those policies and legislation on to units of local government. What wefre told is the one Way to accomplish what the original intent was, is to put it in the Constitution. Spell le out as to how a mandate could be actually passed on to a unit of local government. That's the intent of this particular Constitutional Amendment. What the bill will do, and the amendment will do: is simply say that if we are to pass on to a unit of local government, a State mandate, and it passes by three-fifths majority - three-flfths majority of both the House and the Senate - if it passes by three-fifths majority, then we can mandate this particular policy on to that unit of government. If it doesnlt, and it stlll passes by a majority, then We must fund that mandate. If we fund that mandate, ehen - obviously, we can pass that on to that unit of government. The intent is simply to try to protect our -- our units of government back home Who are having problems, and we are hearing from them daily. We try to address those problems this last Session with a temporary tax increase, trying to help the eommunities and counties. A 1ot of the problems - financlal problems - khat our communities are having comes from several different areas. One is we have destroyed, literallyz the kax base in a lot of our communities, especially the rural area in my area, Where the tax base haE been really driven down by legislation that we pass here. This would help prevent that type of policy in the future. When we pass on those mandates to those -- those units of governments , we expect 9 ! i ! STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legkslative Day May 1, 1990 them to pick up the costs of those -'- that goes alonq kith that. That truly, really, simply isn't fair. And T've got a letter here - just happened to get today, from a community in my district, which is saying that We have legislation here to prohibie the rise of property taxes, and this letter really says, ''If it wasn't for the General Assembly sitting up here telling us hoW to run our business, then we could -- we could meet the needs of our peopleo'' But as We dictate policy back to those communities, that -- with that goes a cost, and as a resulty oftentimes property taxes have to go up at the local level to meet those demands. Thatls al1 this Constitutlonal Amendment does, Mr. President. And I'd be glad to answer any questions. PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Netsch. SENATOR NETSCH: Thank you, Mr. President. Senator Watson, let me pose a question to make sure that we are crystal clear about what the amendment doese because for some reason we are lacking a text right at the moment. What it does is to provide, in effect: an option to the General Assembly. If it is going to impose costly programs or mandates on local governmenty it can do one of two things. Either have an extraordinary vote of -- of the General Assembly, or it can do what the Statutes have said right alongy Which is impose the mandates, but reimburse. Now, is that an accurate statement of your amendment? PRESIDTNG OFFICER (SENATOR DEMUZIO): Senator Watson. SENATOR WATSON: Yes. That is an aceurate statement, and that is the intent. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Netsch. SENATOR NETSCH : 10 , I STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Thank you, Mr. President. Well, I think in that form , it makes a good deal more sense than perhaps some of the others that have been suggested. It is too bad that we even have to think about constitutionalizing the requirement that the Legislature reimburse for mandates ehat imposes on local government. The law has been there in place for some time. As a matter of fact: my recollection is that Senator Jeremiah Joyce Was the sponsor of thak legislation six or eight or more years ago. It clearly has not aehieved its purpose as of the moment, because what happens ks that every time we do, in fact. have a local government mandate, we simply include -- the sponsor of the bill simply includes the provision which exempts the -- that particular bill and that particular program from the Mandates Act, and I would note parenthetically that I have probably voted against maybe a dozen pension bills that the Legislature has passed, some of Which were not easy No votes, simply because we had exempted the mandate requirement the reimbursement requirement. Againe I wish we did not have to face it in terms of a Constitutional provision, but does at least put into a firmer form, if you will, a law whieh we already have imposed on ourselves.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator -- Senator Rock.
Thank youy Mr. President and Ladkeé and Gentlemen of the Senate. I hope everyone had the opportunityy at least, to hear the proposal. And while I suppose all of us Who representg as We al1 do, some loeal government or another Who complains as they always do, particularly durinq an election year mandaees, mandates, mandates. I want you to know one of the mandates that they complain about is that we tell the school districts hoW many days a year that kids have to be in school. That really bugs themy because every day eheydre in school: obviously, costs them 11 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legkslative Day May 1, 1990 some money. But I'd just be very, very careful of this. I don't intend to support this; I don't have any strong feeling, except that we are saylng now again, that you can't do anything that we're supposed to do here by Statute unless you do it by three-fkftbs Dote, or have this tagalong appropriation, which appropriation, by the yay, this amendment also says the Governor can't touch. He can veto it outrightz if he vetoes the bill, but can 't reduce, or item veto. So you are at once hamstringing on behalf of units of local government who complain a lot. You are hamstringing both the General Assembly and the Executive in one fell swoop. I think it's very, very dangerous, and I would urge you to -- desist from this course of action.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis.
Wi1l the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DEMUZIO) Sponsor indicates he w1ll yield. Senator Geo-Karis.
Do I understand correctly that What your resolution does in effect, is to provide that where there is a bill that requires the expenditure of funds by a unit of local government school district, it has -- we have to approprlate the money for it before we make our -- our bill. Is that correct?
PRESIDING OFFICCR: (SENATOR DEMUZIO) Senator Watson.
If it's a mandate, yes. Then We must appropriaee the proper dollars.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis.
STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT :2nd Legislatkve Day May 1, 1990 Mr. President and Ladies and Gentlemen of the Senate, I rise to speak in favor of this Constitutional Amendment, because I just recently had a poll taken at a homeshow, and cne of the comments Was made that, ''Well, we feel maybe the educators don't know how to handle money, but on the other hand, they're not given the money they should be given when there are programs mandateda'' I think it's a good resolution, and I think We should a11 support it.
PRESIDING OPPICER: (SENATOR DEKUZIO) Further discussion? Senator Berman.
Thank you, Mr. President and Ladies and Gentleman of the Senate. I would ask us a11 jusk to pay a little bit of attention here, because I think khat We are asking -- what's being asked of us today is that we should put -- place ourselves in handcuffs and throW aWay the keys. There are certain policy decisions that for whatever reason are not nade at the local level. And our constituents then come to us to set gavernmental policy. Our voters vote for us. They vote for use and they vote against us. And weg at campaign kimew go back and justify our actions. Part of thak campaign -- procedure -- part of that campaign procedure, Ladies and Gentlemen, is to justify the aetions that we takee including sekting of State policy. Now Ladies and Gentlemene I would suggest to you, and I invite the sponsor to correct me if am in error, if this Constitutional Amendment were law -- were law , we could not have the speeial educakion requirements in our School Code as they presently exist. Because, for example -- for example, we mandate that every child, regardless of handicape is entitled -- could I have a little attention, Mr. President?
PRESIDING OFPICER: (SENATOR DEMUZIO) Excuse me, Senator Berman. I dldn't want to interrupt you while you were making your point. Could we have some order, STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 please? I think -- T think the commotion is coming from outside the Chamber, rather than from inside the Chamber, and so I'd ask the doormen, please, to get some order in the hallway. Senator Berman.
Thank you very mueh. We have determined that part of the policy - and by the way, Congress has also but We have, by enactment of the special educatlon provisions in the Illinois School Code, mandated that every child, regardless of handicap, is entitled to a free publie education. For whatever reasonsr good or bad, includinq the fact that we haven't raised State taxes high enough, we don't have the money to fund all of *he programs out of State dollars that special education requires. That's a fact. Mea rulpa; we're at fault. We haven't paid for it. Does that mean that the total resources of tax dollars, locale State and federal, should not be part of State policy? And suggest to you, Ladies and Gentlemen, that it should be part of State policy, and every handicapped child in Illinois thanks us for the opportuntty to get an education whether it be out of local, State or federal funds. That's our State policy, and I doubt if there's anybody here, or many of us here, that are willing to stand up and repeal special education in Illinois Schools. But I will suggest to you that if this -- amendment were part of our Constitution, we couldn't have special education as we know it in Illinois today. Why? Because most of you, politicallyy could not vote to increase State income taxes sufficient for *he fEate to pay the kotal cost of special education. Now that might be Wrong or right, but that's the facts of life as we see it today. And I would suggest to you, that the place eo make that determination is no* our Constitutionz which handcuffs us as to good State policy, but rather in the debate on the Floor as every bill moves alongy and ehen justify it both to the Governor, through the appropriation 14 STATE OF ILLINOIS 86th GENCRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 82nd Leqîslative Day May le 1990 process, and the veto process, or back home. when our opponent says that we have acted irresponsibly. This does not belong in the Constitution, because what you will find i: that you are going to prevent good publie policy from being enaeted when the total resources of tax money is not bein: able to be utllized properly. We have a combination -- a combination of resources that are made available to implement good State policy. This amendment, Ladies and Gentlemen, does not allow you to carry out What your voters have elected you to do. Do what is right, and pay for it, or make sure that it is provided from total resources. That's what we have done for hundreds -- for decades in thïs General Assembly; has served our State well. Don't change it now. I urge a No vote on this proposed Constitutional Amendment.
PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Kustra .
Thank youz Mr. President and Members of the Senate. don lt quite follow Senator Berman's argukent. Take the special eduaation laws of this State - there is no reason Why this General Assembly cannot continue passing those speeial education laWs, some of which may have to be financed by property taxes, as long as we pass those laws by a three-fifths votex it is determined that local property taxes are going to finanee those activities. I don't know what is so complex about that, and I don't know what is so wrong about that in an era in a political elimate Where everyone aeross the Skate of Illinois, Senator Berman, is asking for a shift from the property tax to the income taxw from a burdensome tax to a more equitable taxz and what this Constitutional Amendment does is begin us on that journey. This simply says that if Welre so busy about passinq laws that impaet those local property taxpayers, then let there be an extraordinary burden on us to pass laws like Ehat. And if We do that, fine. 15 STATE OP ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 82nd Legistative Day May le 1990 That special education lak can go into existence. But in the meantime, I think what's significant about what Senator Watson is trying to do here today, that he is beginnin: to kake us on that journey difficult as it Will be - that shifts the burden from the property tax to fairer taxes. And that's the reason am voting Aye on SJR 14.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther dkscusskon? Senator Collins.
Yes. Thank you, Mr. President. I -- T rise in strong opposition to this amendment. And like the previous speaker referred to Senator Berman's loglc, then I would refer to his. In the political climate that We exist today, whether it be by a three-fifths vote or a one hundred percent vote, why, in God's name, will this Body impose local property taxes to -- to implement the programs that exist like Title I and other kinds of programs that we have provided for in this Legislature, and we do not fund at one hundred percent. He indicated that We should not be ùhifting *he burden to local property taxes. But the solution is# he says, we pass it by a three-fifths vote, and therefore, local property taxes will have to be raised to pay for the program . There's no logie there. NoW if you're Willing to say, ''Yes, wefre going to propose a income tax increase adequately enough to fund al1 of those mandated programs,'î then hey, put in the bill; let's vote for it. Let's do it now, along wkth this constitution Amendment. Otherwise, it doesn't make sense. And What you're proposing on the other side, is a property tax increase at the local level, not shifting the responsibility to the State level, and all you say the solution is, by a three-fifths vote. That makes no sense at all. You know and I know itr and the people out there know it also.
PRESIDING OFFICER: (SENATOR DEMUZIO) 16 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 All right. Further dkscussion? If not, Senator Watson may close.
ïes. Thank you, Mr. President. I Want to reiterate what I said earlier, when T -- when I -- T know -- I don 't know what the vote was when we passed the State Mandates Act here - and I Was a member of the House When that happened but I know it probably flew out of here and everybody supported it: because the intent was to try to protect units of local government back home. Many of us eame from that. I came from township government. Many of us came from communities, counties or whatever it might be, to try to protect those people back home. And I know that you all realize what we 've done ever since that particular piece of legislation passed. We exempt ourselves from it oftentkmesy and still pass the burden on to units of local government. The intent was there, but really the policy that followed didn't really follow that intent. Everyone has said, well if you want to put some teeth in it, well you got to put it in the Constitution. And that's what we are trying to do here. It's easy for us to sit up heree and oftentimes that we do# an; vote Xes on publie policy. We think it's good. We're trying to do the right thing. It's easy to vote Yes. We're not trying to destroy -- and I don 't think the people from our areas sent us up here to -- to establish poliey, Senator Bermanz for our local -- local units of government. They sent us up here to establish state policy. And if we're going to continually mandate and dketate polkcy to unit of local government, all wefre saylng here is, three-fifths vote. That's all. Three-fifths vote. And that's the protection here. If we think it 's so doggoned importanty then let's get Ehree-fifths of us on khe board, if we 're going to pass that on to the local unit of government, or let's fund it. And I don't think that's too mucb to ask, and I think tbat's a11 that our communktieB, and our STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 eounties, and our schools are crying for back home. It's just a little less from Springfield, and this kould do appreciate your support. Thank you.
PRESIDING OFPICER: (SENATOR DEMUZIO) The question isr shall Senate Joint Resolution 14 be adopted and approved. Those in favor will vote Aye. Those opposedy Nay. The votin: is open. Have a11 voted uho kish? (Machine cutoff) Have all voted who Wish? Have al1 voted Who Wish? Have a1l voted who wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 34, the Nays are l8: 2 voting Present. Senate Joint Resolution l4: having failed to reeeive the requlred three-fifths constitutional majority, is declared lost. Senate Joint Resolution 72, Madam Secretary. SECRETARY HAWKER; Senate Joint Resolution Constitutional Amendmenk ?2. (Secretary reads SJRCA No. 72) 3rd Readin: of the resolutâon. /
PRESIDING OFPICER: (SENATOR DEMOZIO) Senator Maedonald.
Qhank youz Mr. President. This Constitutional Amendment attempts to resolve a controversy that has gone on for over twelve years, regarding the auditing of funds of State government in Illinoisy which has clearly violated the intent of the 1970 Constitution. Senator Netsch and Senator Rigney and Senator Dunn and who served as delegates eo that Conventione have been deeply concerned and have also had other sponsors of SJRCA 72 concerned by the continuing violation of those State Government entities who resist bein: audited by the Auditor General, who is a Constikukional Officer serving as the Post Auditor of a11 State funds. I have provided each of you with a packet of materials which are very important and reflective of this serious -- of the 18 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT :2nd Legislative Day May 1, 1990 serious eonsequences resulting from the Supreme Court's refusal to have the ARDC and the BLE funds audited, claiming thak the funds are held outside of the State treasury, and are therefore not subject to State audkt. Those consequences of thetr posktion, of course, is that over ten billion dollars - and by now it is more, beeause these figures were taken from the Comptroller's annual report in 1988: so that figure now has risen above ten million but there are over ten million dollars of funds of similar entities who are at risk of not being audited by the official Conskitutional Auditor General. That represents more thap one-third of our State budget: Ladies and Gentlemen. The list of those funds held outside the State treasury is in your -- packet of materials and Was taken from the State Comptroller's Annual Report. ïou also have in your possession an extensive list of editorials who, through the years, have supported the Auditor General's position thak a1l funds in any department of whatever kind are to be audited by the Auditor General. We were very fortunate in committee to have some most distinquished wiknesses on this particular Constitutional Amendment. One of those wiknesses in particular, I think, has great ability to put this issue in iks -- true perspective. That Witness was Senator -- or was Samuel Wktwer, Sr., who, of coursez is a highly respected attorney in the leqal community, and also was the President of the Constitutional Convention in 1969 and '70. And I Would like to read from his remarks, so that you, again. may qet a perspective of what the intent of ehe Constitution kas When We pasoed this part of the Illinois 1970 Constitution. This - and I quote, ''I am happy to support this proposal, and recommend its adoption by *he General Kssembly and voters. This resolution woul; define wkth particular elarity the meaning of the term 'public funds.' This definition would be totally consisteht with the intent and the purpose of the Constitutional Convention which repaired the 19 STATE OF ILLINOIS 86th GENCRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Illinois Constitution of 1970. The record of proceedings, the reports of the various committees, and my personal recollection as the presiding offieer of the Constitutional Convention are absolutely clear. The Convention intended to give the term 'public funds' and provisions requiring public aceountability, the broadest possible meaning' scope and application. Affirmation of that intended purpose was provided more recently by Conventlon delegates reconvened in reunion in September of 1987, Who adopted a resolution confirming the Conven*ion's objective of comprehensive review of the expenditure of any and all funds of our government. Any unauthorized restriction placed on public accountability by a unit of government leads to diminished conkrol over government activitles. Restrictions based on source of payment, place of custody: manner of authorization or purpose of expenditure are a1l equally repugnant to Democratic government. Failure to afford proper definition to 'public funds' could place in jeopardy the entire Finance Article of khe Constitutiong thereby defeating the legitimate expectations of the people and further plaee in jeopardy public accountability involving billions of dollars annuallyv'' This was Samuel Witwer's statement, and in addition, I did ask the Auditor Generalz because it has been stated that of course the funds of the ARDC and BLE are audited. I did ask the Auditor General to give me a -- the difference of what his audits are and what the other general audits are that are made of those funds, and this was the answer got. ''The audits we perform fall ineo four categories. Financlal audits presgnt the dollar results of agency activities. They disclose amounks received, amounts spent and the resultin: financial position. Compllance audit report on the extent to which the agency has complied with the applicable laws, rules and regulations in the conduct of its activities and the expenditure of funds. This includes the agency's compliance with such things as the 20 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Purchasing Act, *he Personnel Code, the Property Control Act, et cetera. -- The third is Lhe management audik report on the management of an agency, with particular reference to whether the agency's activities and identified areas are being eonducted economically and/or efficiently. The fourth is a performance audit report on the results of agency's activities on whether or not the results sought to be achieved by the legislakion and the purpose sought to be served by the legislation have, in fact: been achieved.'' So this is -- the difference is that -- and also the difference is that all of these governmental audits are public documents. So I think that that puts to rest the question about the type of auditing and yes, that the BLE and ARDC funds are audited. I think that this is a critical issue for a11 of us today. I think that the people of Illinois spoke in the last primary election about accountability of our government and about - - particularly about governmene funds and government taxes. urge a11 of you today to join with me in putting this controversy to rest once and for allz and by voting for Constitution Amendment 72, so that we may do just thaE.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator O'Daniel, for what purpose do you arise?
Mr. President and Members of the Senate, I'd like for you to help me Welcome thirty-five students from the Mt. Vernon Casey Jr. High and their inytructor, Mr. Marvin Righknowar. Theyfre in the back qallery to my rear here.
PRESIDING OFFICER: (SENATOR DEMUZIO) Will our guests in tbe gallery please rise. Welcome. Discussion? Discussion? Senator Netsch.
Thank you: Mr. President. One hesitates a little bit to mention the fact that - as I am about to do - that I was a member 21 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 of the Constitution Convention that helped draft the document that we are now addresskng, but this is one time when it is particularly appropriate, because was vice chairman of the Revenue and Finance Committee, out of which came a 1ot of these provisions. And I Would like to make it very clear that the language that is reflected right noW in SJRCA 72 is precisely what we thought we had achieved in the basic docunent itself. If you read back through a1l of Ehe language used, all of the deliberations, it was intended that all money that is touched by the State or local governments would be public funds. It doesn't dictate anything else. Just simply that it is, indeed, public funds. I am sorry that we apparently did not fully achieve that. I want to make it very clear that I am not standin: as a Supreme Court-basher or as a lawyer-basher. I am a member of that profession, but this is one instance where I think the Supreme Court is absolutely wrong. These funds are the equivalent of the licensing fee funds that are paid by other occupations. They should be subject to the same State requirements, includin: audit by the Auditor General as are other funds. This is not a conspiracy to try to get into the confidential files of the disciplinary ccmmission or anything else. lt is a states a very simple fact. Public funds are public funds, and they should al1 be subject to the same requirements. think this amendment is important. It clarifies what We thought We had accomplished. Obvtously we had not been totally successful, and I think it is essential for that clarification.
PRESIDING OFFICER: (SENATOR DEMUZIO) Eurther discussion? Senator -- can we have some order, please? This will go a 1ot quicker. Senator Rock.
Thank you, Mr. President, LadieG and Gentlemen of the Senate. rise again in strong opposition to SJRCA 72, and T would ask the 22 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Members, if indeed they don't have any fixed opinion, to please listen for only a moment. It seems to me - one, we ought to be very careful as We have been in tbe past - over the last twenty years, as a matter of fact - as to what kind of amendments we do propose to our Constitution, which frankly is working pretty well. Senator Marovitz, can have your attention for just a moment? What we are -- or what is being attempted here is, for the first time, a definition, apparently, of what are or what is ''public funds.'' The Constitution says - and we have abided by that - that ''the General Assembly shall provide by 1aW for the audit of the obligations, receipt and use of public funds of the State.'' What are public funds? Forget what SJR -- or SJR 72 says, for the moment. What do -- in your mind, what Jo you conjure up as public funds? Reeeipt from taxes imposed by the qovernment. Right? Those are public moneys that are received from the public. And the public has a right to know Where that money is spent. We have reeeived x amount in sales tax. We have received x amount in ineome tax. We have received x amount in franchise tax, and utility tax, and Where does go? So Con Con provided for a post-audit function to be handled by the Auditor General, and I don 't have any problem with that. But then the Auditor Generalp now in hks second term, apparently has zeacbed a point of absolute intransigence. He is now so arrogant khae he saysg ''Wait a minute. Public funds are anything - any moneys that are directly or indirectly administered by the legislative, the executive or the judicial braneh of the State or by any instrumentality of any branch.'' He's got everybody in the pool. And he saysg in a letter dated April 19th, that audit aceess has been denied, for instance, by the Illinois Ambassadors. Everyone. I assume, knows who the Illinois Ambassadors are. It is a group of Well-intended, well-meaning business people, corporate types, who pay out of their money, their personal finances, to belong to the Illinois 23 STATZ OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Ambassadors so that we ean entertain and promote Illinois business. And the Auditor General says, 'îoh, no. It's public money.'' It's not public money. It's donated by the corporate members. And the SSC for Illinois - that group of business and labor and public-spirieed citizens who got together and spent some money - pooled their own money - in an attempt to help this State secure the Superconducting Super Collider. And the Audltor General says, ''Oh, no. Public money.'' It's not public money. It's private donations. And the latest one is the U.S.S. Abraham Lineoln. Some of you, 1 think, Went to the commissionkng of tbat ship - I hope that's the right term ship - out in Virginta. There was a group put together -- headed the delegation -- headed obviously by our Governor, and a group of private business people :ot some money together, because sone' of the veterans couldn't afford to go otherwise. It's private money. Private donations. And the Auditor General saysz f'Oh, no. I want an audit.'' And the fact of the matter is, as Senator Macdonald pointed out - although don't think she meant to point it out, because the auditor certainly doesn't want that brought up - that We're not talking about numbers. We're not talking about financial audity because there is no one of these entities that are cited that won't afford and doesn 't have a financial audit. The difficulty with this individual who holds -- now holds this office is that he's talking about the oeher three audits. The compliance audit and the management audit and the performance audit. And the Supreme Court of Illinois has rightfully saldz f'Hey: buddy, youfre an arm of the General Assembly. You don't have a right to do a compliance or management or perform an audit on our money.'' And they're right. They're right. And so we have noW devolved into this annual battle, and there are a1l kinds of facts and figures thrown around that are frankly less than accurate. Senator Macdonald, read the packet. reread lE again this morning. 24 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 And if Senator Netsch Were standin: here, I'd take issue With her. I reread the proceedings in those blue books We all have of the Con Con, and looked for a long time through a11 kinds of debates and transcripts and everything else, as to the debate over what's ''publie funds.'' Public funds are public funds. Whak kind of a definition do you have to have? And if you look in the packet, now we talk about nonappropriated funds. I asked Senator Carroll a little earlier - it seems to me for twenty years have been votin: to appropriate federal funds, and this -- this Body voted almost overwhelmingly each and every time to approprLate federal funds. And the Governor vetoed it every time. And ie's still noe the law. Is that correet? is still not the law. So When the Auditor General talks about nonappropriated dollars: take a look at the list. It's a11 federal moneyy some of which we have frankly taken it upon ourselves to appropriate, at the agency 's request. But it's a11 federal money. That's at least half, and 1.11 -- 1'11 again vote for the bill to appropriate that money. And let the Auditor General have at don't care. But don't suggest that there's somehow some kind of a sinister plot to deny the Auditor General access to the receipt of federal funds. My goodness, that doesn't make any sense. In addition to that, you've got about six billion dollars worth of pension money - pension money that's contributed by the penskonersy a11 of which is subject to an audit. And none of these ageneies would deny the the Audltor General a financial audit. As a matter of facte as did last year at this time when we arguing pretty mueh the same thing, I have again copies of the annual financial audits of both the ARDC and and what's the other -- the Board of Law Examiners. They're on trial by the public. They are done by a public auditinq firm - the same firm that the Auditor General uses quite a lot, I 'm told, in terms of his annual audits. And the other is non-tax dollars held outside the State treasury. And all 25 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 82nd Legislative Day May 1p 1990 you have to do is look at some of these. Please, take a look at the list. A lot of these -- theydre not public money. just seems to me common sense would dictaee. Think again. What are Npublic funds''? What are l'public fundsn? Now he's suggesting ''publkc funds'' mean a1l funds administered directly or indirectly by the legislativey executive or judicial branch of the State, or by any instrumentality of any branch, whether appropriated or not, and whether derived from taxes, fees or other source. This is extremely dangerous, when you broaden the definition of Whak everybody commonsensically would think are public funds to include funds from any source. If Quaker Oats donates ten thousand dollars to the Illinois Ambassadors, is that public funds? suggest to you, is not. And I would urqe a No vote on SJR 72.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator -- Senator Dudycz.
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DEMUZIO) State your point, sir.
Just briefly - like to Welcome some senior citizens that are in the gallery behind us from my district - without the shopping bags. Just like to welcome here to Springfield.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Welcome to Springfield. Glad to have you here. A11 right. Dlscussion? Senator Keats.
Very, very briefly hadn't kntended to speak on this, because I thought much of this was self-evident, but our President has raised some points that I think we really ought to give some thought to. Senator Rock, no one says this is a sinister plot. There's no one standing up here bashing the Supreme Court or 26 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 I bashing anyone else, saying these are somehow crooked people 'cause they won't let the funds be audited. That isn't really what the argument's about, and I can appreciate that term , but the simple fact is, you don't have people standing here saying this is a sinister plot. Your objeetions are really in many ways taken out of context. Publkc funds, which are not that difficult to figure out, really are almost anything we deal With. And perhaps you have no interest in what the Illinois Ambassadors do. But you realize they represent the State of Illinois in -- it may be called a quasi-official position, but you go talk to people they meek with. As far as they're concerned, the Tllinois Ambassadors speak for Illinois and they speak for our policy. I don't think it 's unreasonable that we find out what it is they are saying, because people view them as us, and how they are spending money to present an image that -- that frankly some of us might agree with, some of us might not. The SSC, the Superconducting Super Collider - this was an issue of tremendous significance in that areaz and many of us were strongly in favor of it, but to say that we shouldn't have the right to find out What that money was doing is probably not a reasonable position. That Was a public activity. Those are funds offered for public activity, and they should be considered as such. TAPE 2
The funds you're talking about that the Supreme Couzt collects - these are not truly voluntary funds. We could even argue the other ones might be voluntary, although anyone whoîs ever seen one of the Illinois Ambassador's arm being twisted knows that they're not the most voluntary funds in the world. But the Supreme Court 27 STATE OF ILLINOIS 86th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legkslative Day May 1, 1990 funds are not truly voluntary. In terms of an attorney - they recognize this ls a contribution they make to be able to practice 1aw kn Illinois so that they Ray be regulated as other activities are. It is a quasi-voluntary - but clearly not a totally voluntary - action. If you want to argue your separation of powers doctrine. saying we can't have compliance, can't have audits -- compliance audits, manaqement audits. The separation of powers Would certainly not be an argument that we want to get too heavily into, because as you know, as a majority party, you do a qreat deal of lookin: into what the administration does. Which is fine. Frankly, many of us support Senator Rock, I Would remind you, the bill to appropriate public funds or federal funds I voted for, as many other Republicans have voted for, and I voted to override the Governor's veto. I just want to stress that those kind of arguments are interesting, but theydre truly not relevant to this discussion. These are funds that the people of Illinois have a right to know what theyfre doing. Nog Wedre not saying someone's beinq arrogant, we're not saying someone's being crooked, we're just saying, ''Let's always keep an eye on this, because this is the good way to do business: and you don't get into tr/uble when you have someone looking over your shoulder. '' Thank you.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Berman.
Thank you, Mr. President. I've sat here and listened Eo my friend senator Keats and my friend Senator Rockr and I will tell you ehat if I llstened carefully - ehey ought to swikeh sides of the aisle. Senator Keats, in support of thïs amendment, ks arguing for a greater role of central government. That's what he is doing. Roger, come on over here.
PRESIDING OFFICER: (SENATOR DEMUZIO) 28 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Roll call.
No -- noz we're not -- and I want to thank my colleague, Senator Macdonald, for whom I have the greatest of respect, for allowing me to borrow her remarks that she read from. And as a lawyer, I ask each of you to think about this. If this amendment passes and it becomes law, and the Auditor General walks into your city, your township, your county or your school district, and the superintendent of your school district piaks up the phone and calls his or her Senator ''Hey, Cronson is here; he wants to audit me. Does he have the right to?'' You may say to yourself, ''No, this is a school district. Cronson is supposed to take care of State money.'' Well: 1et me tell you what the record is that has been made today. And I quotez as did Senator Macdonald, from Mr. Witwer's comments. Quote, ''The convention intended to give to the term 'public funds' and the provisions requiring public accountability, the broadest possible meaning' scope and application.'' Unquote. We have demands upon us, Whether it be from the Prisons, or Public Aid or Education, Mental Hea1th everybody is crying out for funds from the State, and by voting for this, we 're going eo eommit ourselves - not to those human service needs, but to allowing my good friend, Bob Cronson, to multiply his budget twentyfold to carry out the intent of the broadest possible meaning, scope and application of government funds, and qo in and audit every a:ency - every agency - not of state government, bu* of every aqency in this State. Ladies and Gentlemen, if it ain 't broke, let's not fix it. I havenft seen or heard of anythinq that is broke. Every one of the agencies that are the Eargets of ehis debate are, in fact, audited, and their audits are published. Let's not go through this kind of rigamarole to expand State government into areas that that you and I don't believey want it to be involved. I urge a No 29 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day KaY 1990 vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further diseussion? Senator Geo-Karis. SENATOR GEO-KARISI Well, Mr. President and Ladies and Gentlemen of ehe Senatew I'm a lawyer too: like Mr. Berman and Mr. Rock. But you know, there is a question of accountabilitye and I think it would behoove the Supreme Court to support this, 'cause if they do, then no one can say that the Supreme Court is opposing for any reason. As a matter of fact, the Chlef Justice of the Supreme Court lives in my county. He may not like me for what I've got to say, but the truth of the matter is accountability is accountability. When you have -- when you're an employer, you pay a certain amount of tax for your unemployment compensation for your employees. Now those are -- come from the employers. They are paid and the State audits those. They come in -- theydre subject to appropriations and what have you. I don't think this is any different. A11 I can say is I -- and I hope that the wrath of the Supreme Court isn't vented upon me, and as a lawyer I have more to lose by supporeing this bill this this amendment. But I do think the name of the game is accountability. 'If we're goin: to have accountability of unemployment compensation contributions, we should have accountability in any phase. It's still money that comes into the State. I pay a fee every year as a lawyer to the Supreme Court. If I don't pay it, I can lose my lieense. so it's not a voluntarv contribution. Either I uank to practice laW or I don't. So a1l I ean say is, have no objection to having my amounts audited; don't know Why anyone else should. And support the passage of this amendment.
PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Further discussion? If not, Senator -- Senator Macdonald may close. 30 STATE 0F ILLINOIS 86th GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990
Thank you, Mr. President. Well, is now time for us to vote, and I want to answer Senator Berman to some extent. I think that if We really reviewed Article VIII, Which is the Finance Article, we would have no fears of the Auditor General going into our various Senatorlal districts and municipalities to audit those funds. Section 4 of the finance Article says the ''Systems of Accounting, Auditing and Reporting. The General Assembly by 1aw shall provide systems of accounting, auditing and reporting of the obligation, receipt and use of public funds. These systems shall be used by al1 units of local government and school districts. '' So far the General Assembly has not acted on that part of the Illinois Constitution. So I suggest if We want to address that in -- at another time with another Constitutional Convention, Senator Berman may want to vote No. I say, Ladies and Gentlemen, that this whole Constitutional Amendment 72 is a11 about accountability. In 1970, when the Constitutional Convention ratified that Constitution, and during the discussions and I don't - - I have not read recently, Senator Rock, but I know that the dialogue during the Convention certainly centered around a disgraceful era of Illinois government which evolved in the Hodge Scandal. That Was the very basis for which this Section of the Illinois Constitution was promulgated. The people of the State of Illinois, after that scandal regardipg the auditing of State funds, were in absolute shock and they were demanding -- kas not just Ehe idea of khe delegakes to the Constitutional Convention, it was the people of the State of Illinois that came to us and said, ''There shall be full disclosure. There shall be full auditing of public funds in the -- in Illinoîso'' say to you that the tntent of the Constitution was broad, as Senator - as Samuel Witwer told you - merely beeause we wanted to have some flexibility - we wanted to at least make it so We were not trying 31 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislatkve Day May 1e 1990 to tie down every single conceivable fund that might even occur in the future. This is a necessary amendment. There is nothing to fear by the people themselves choosing Whether or not they shall support this Constitutional Amendment. I think it is our obligation ko -- as leglslators, to resolve this controversy, and I ask for your vote on behalf of this amendment.
PRESIDING OEFICER: (SENATOR DEMUZIO) Question is, shall Senate Joint Resolution 72 be adopted and approved. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have a11 voted Who wish? Have al1 voted who Wish? Have al1 voted who wish? Have al1 voted Who wish? Take the record . On that question, the Ayes are 31, the Nays are 22, l votin: Present. Senate Joint Resolution 72, having failed to receive the required three-fifths votew is declared lost. Senate Joint Resolukion 1-l-8y Madam Secretary.
Senate Joint Resolution 1-1-8 Constitutional Amendment. (Secretary reads SJRCA No. 118) 3rd Reading of the resolution.
Senator Kustra.
Thank you, Kr. President and Members of the Senate. As the Secretary read, this ls the Constitutional Amendment Which would return Illinois to a biennial budget beqinning wikh the 1992 Piscal Year. Illinols once had a two-year budget. We went to annual budgets. Since that time, the size of the budget has grown considerably and required inordinate amounts of time to prepare it each and every year. The two-year budgetz I believe, Will slow down spending requests from agencies and the various interests who come to us each year. will encourage long-range planning, as 32 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 directors would be required to put together a budget for twenty-four months. It would allow both the executive and the legislative branches of government to evaluate and analysis programs in the off-budget year, and in tbat off-budget year, we in the Legislature Would have the opportunity to spend more time on program evaluation and analysis. Large states such as Texas, ohio , North Carolina -- smaller states - our nekghboring states such as Wisconsin, Indiana and Minnesota - a11 use the two-year budget. offer this to you as a solution to the increasing amount of time we must devote to the compilation and consideration of the budqet each year, and also because I believe sincerely that it will require long-range planning, which will bring about more cost-effective programs across Illinois. Be glad to answer any questions.
Discussion? Is there any discusslon? If not, the question is, shall Senate Joint Resolution Conseitutional Amendment 11 1118 no -- ll8 be adopted and approved. Those in favor will vote Ayez and those opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voked who wish? Have al1 voted who wish? Take the record. On that question, there are 34 Ayes, Nays, voting Present. SJRCA 118: having failed to receive a Ehree-fifths constitutional majority, is declared lost. SJR 119. Senator Kustra. Read the amendment, Madam Secretary.
Senate Joint Resolution Constitutlonal Amendment 1-1-9. (Secretary reads SJRCA No. 119) 3rd Reading of the resolution.
PRESIDING OPFICER: (SENATOR LUFT) Senator Kustra.
33 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Thank you, Mr. President and Members of the Senate. Under the Constitution, as it is now written, if the Governor vetoes a bill or if the Governor line items a bill and sends it to us, as your know, it requires a three-fifths vote in order for us to override the Governor's veto. But if on the other hand, the Governor applies his reduction veto, it only requires a simple majority. What we would be doing by this particular amendment is making the Illinois Constitution consistent. We kould be requiring a three-fifths majority to override the reduction veto. In an era When there is great deal of attention on increased spending, it seems to me that it only makes sense that we would want to make it more difficult to increase spending, especially after the appropriation process bas concluded during our regular Session. The Governor has a chance to balance the budget in the last analysis, and there are occasions where we want to override him. But I think we ought to require that to be a three-fifths vote, thereby tightening up spending. I would ask for a three-fifths vote on this amendment.
PRESIDING OFFICER: (SENATOR LUFT) Discussion? Discussion? Senator Carroll.
Thank youg Mr. President, Ladies and Gentlemen of the Senate. I would rise in opposition to this proposed amendment. Let me explain khy. You know, already now and some question the authority - the Governor has become a super legislature . He doesn't worry about committees: rewrites bills, and does as he sees fit without any public inputr any committee input, any chance for the General Assembly to react, but to say yes or no . Many - myself included - feel he's gone beyond constitutional grounds in several instances. As I think we know, the House even created a special Calendar of course, they have special Calendars for everything over in the House. think they have special Calendars 34 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT $ 82nd Legislative Day May 1, 1990 for whatever time of day 1s. But one of ehose special Calendars is where they feel the Governor has acted beyond the constitutional authority. You know, in fact, there is a state near us that has what they call the ''scrabble rule'' instead . On substantive bills, the Governor can only amend by changing letters within a word. He can only strike a letter here or there or strike a word here pr there: because clearly the intent on even amendatory vetoes is to make technical corrections, and there they call it the ''scrabble rule.n This proposal would seem to me Would be to say, ''If the Governor doesn't like what wedve done, he can veto That takes an overwhelming majority to override. But if, in factz he seeks to adjust: the queskion is, while it is true that eleven and a half million people have decided Who should be the Governor of the State - two hundred thousand people - each of us have decided who represents them in the ''people's assembly'' here in the Senate, and yes, even across the rotunda in the House. And when kt comes to decidin: hoW their taxes should be spent, we're the ones generally who catch the heat, and we should. We are the ones closer to the people, and therefore understand the impact of these items. And if the Governor Wants to come and debate them in committee in this Chamber or the other - in either of the Appropriations or Revenue Committees, heîs uelcome. But he should not be the super legislature as well as the Chief Executive. And to hold him and his actions unavailable to normal process, think, elevates him beyond even his greatest dream, and takes it out of the public's riqht to decide what programs should in fact be funded, and at what levels. If, for example, he took money from Mental Hea1th, and the general majority of this Body originally felt the community-based providers Were entitled, and still felt that, to require then an extraordinary majority merely elevates him again beyond that which I think the people want. And if you want to just adopt his budget book, put in a Constitutional I 35 STATE 0F ILLIHOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May le 1990 Amendment that says, ''Governor submits his budget in March. There should not be a General Assembly. That's the law of the land. n Because thatls in effect what you'd be doing, and I donft think that's what the people want. I believe we should oppose
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Schaffer.
Well, I think previous speaker's remarks were primarlly aimed at the amendatory veto, Which of course has nothing to do With this proposal. I think one of the messages that I think a1l of us have gotten, regardless of party affiliation, is the concern the people of this State have about what is perceived, by some at least, as runaway government spending. I don't think that's an issue which is limited to any party or to either part of the State. Obviously this particular proposal would not have any impact on the current administration, so I think any discussion relatîng to the current administration îs esoteric at best. Whoever is Governor next year - and I frankly don'k have a crysEal ball and can't tell you who that is2 I obviously have a bias - but whoever is Governor is goin: to be facing, in my opknion, several years of very tight budgets. And in the final analysis, it is the Governor who is held most accountable for State finances. It certaknly is the Governor who is held most accountable for tax increases. I do not think it's unreasonable to require the extraordinary majority to override a reduction veto. I think it, in the long term , is the hest solution we have to holding down spending. We in the Legislatureg think, do our bitg but think a careful examination of the record would indicate that We haven 't always been as successful as we should be. If you are interested in holding down spending, I think you want to be on this roll call regardless of any partisan considerations. I think it's just basically something that needs to be done. 36 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further -- Senator Netsch.
Thank you, Mr. President. This one, seems to me, is a relatively close question. Let me make just a couple of points. I was asked by some Members some colleagues, why the Constitutional Convention had chosen to require a three-fifths vote - an extraordinary vote for overriding an item veto - but had required only a majority vote for restoring a reduction veto. And I think the reason was very simple. It was part of the process of attemptin: to balance gubernatorial and legislative power. A 1ot of things were done in that Constitution to try to - if you will beef up the Legislature's authority in the entire process. We reduced the number of votes required for overriding a veto from tWo-thirds to three-fifths and so forth. In the process, though, we gave the Governor some very extraordinary veko powers, one of which was the power to reduce, not just item veto. The reason for that was a recognition of reality; the item veto is not a terribly useful devise because for the most part, appropriations come in lump sums. ïou either veto the entire personnel appropriation for the Department of Mental Health or you cannot do anything at al1 with it. And so the reduction veto was one of the - if you will increase in power that was given to the Governorls side of the equation. By the same token: because there was a desire to maintain legislative balance, the Legislature was then given the authority to restore that reduced amoun: by the very same number of votes that were required to put it there in the first place, and r think that is the reason for The coneern I have is that seems to me that just the Way the legislative process Works, that having a simple majority has not really quite accomplished what perhaps some of us might have hoped: and that is why, at least on a very close question -- I know in committee I resolved 37 STATE 0F ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 ' it by voting in favor of this amendment ! : and I think I still will. j But it is -- the reason though has to do With the -- the maintaininq of balance between the Legislature and the Executive.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? If not, Senator Kustray to close.
Thank youy Mr. President and Members of the Senate. We could sit around here al1 afternoon debating the relative powers of the Governor and the General Assembly, and 1'm sure We could a11 come up with good arguments as to why the Constitution ouqht to be rebalanced in this way or in that way . 0ne thing I think we can al1 agree on# because 1'11 bet each and every one of us has given the speech every time we've gone home on July lst or 2nd or 3rd - we've given that speech that in those last twenty-four hours the General Assembly spent with reckless abandon in either this area, that area or Whatever area. And once We go home after those last few hours, it's the Governor Who has the constitutional responsibility to get out the veto pen and correct some of those mistakes to balance that budget. And then in November, or whenever it is during veto Sesslon, We get that last chance to make those adjustments. What I'm suggesting here is that when we make those final adjustments, there ought to be an extraordinary majority placed on us - a burden placed on us - an extraordinary burden placed on us to overrkde What the Governor has done in attemp*ing eo balance Ehe budget. When you cut through it all, just ask yourself a simple question. Is the passaqe of this Constitutional Amendment and placing it on the ballot in November before the voters going to discourage the kinds of frivolous spending Which we have come a1l too familiar with? I think the answer to that is yes. You a1l knoW it's yes, and I ask your ! I support. 38 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legkslatkve Day May 1, 1990
PRESIDING OPFICER: (SENATOR LUFT) Al1 right. The question is, shall SJRCA ll9 be adopted and approved . Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have a11 voted Who wish? Have al1 voted Who wish? Take the record, please, Madam Secretary. On that question, the Ayes are 30, the Nays, 20, 3 voting Present, and SJRCA 119, having failed to receive the three-fifths constltutional majority, is declared lost. On the Order of Constitutional Amendments 3rd Reading, SJR 151. Senator Dudycz. Read the amendment. pleasey Madam Secretary.
Senate Joint Resolution Constitutional Amendment 151. (Secretary reads SJRCA 151) 3rd Reading of the resolution.
PRESIDING OPFICER: (SENATOR LUFT) Senator Dudycz.
Thank youz Mr. President: Ladies and Gentlemen of the Senate. As *e a1l know, SJR l5l is the tax accountability amendment. What it does, basically, is four things. It -- first of all: will give the voters of the State of Illinois this coming November the opportunity to decide next November whether they want us to be restricted on our taxing abilities. It would require that in the Illinois General Assembly, any tax increase legislation could only pass with a three-fifths vote. It also Would establish that a Revenue 'commiteee whose sole responsibillty would be revenue legislation. The third thing it would do - Would require a public hearing with two weeks' notiee before any vote can be taken on revenue legislation by the committee. And finally, it places a maxlmum term on that Revenue Committee by any one legislator to four consecutive years. I'd be happy to answer any questions.
PRESIDING OPPICER: (SENATOR LUFT) 39 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Discussion? Discussion? Senator Netsch.
Thank you, Mr. President. I'm going to - I might, Senator Dudycz repeat some of the points that I have made to you previously, :0th in some of our outside-of-the-chamber debates and in commkttee a couple of weeks ago when this was up . The main concern have about SJRCA 15l is that it is totally misdirected, because it does not reach the issue the tax issue, which think is a legitimate outcry from taxpayers around the State. That is the property tax. Not only does thls amendment not deal with the property tax at all, but in my judgment, it guarantees that there will indeed be property tax increases in the future, because it ties *he hands of the General Assembly ta address the very issue which I think is an absolutely honest and legitimate gripe from our taxpayers, and that is property taxes. And it does that for severa1 reasons. There are probably three things that we need to do with respect to that most burdensome, at the moment, of a11 taxes, the property tax. We ought to provide some relief. We should provide some reform , and we should provide replacement, and this amendment will stand in the Way of accomplishing any of that objective. In addition, seems to me that the amendment does not address the really critical part even of State legislative action. It is not taxes that are the only problem it's spending . And yet the amendment requires a three-fifths vote - an extraordinary vote - on anything that affects the revenue of the SEakee but does no* require an exkraordinary vote on the appropriation side. As you well know, some of us had proposed amendments -- had filed amendments last Week when this was pending, and under the threat of several things - one is your tantrum kf we trked to amend it, because it Would have added days to the process of passing and secondly, an announcement that indeed your side of the aisle was locked into opposing any 40 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1990 amendments. We withdrew our amendments and decided, ''Okay, Senator Dudycz, you can have your proposed Constitutional Amendment any way that you choose to have it. That is now your prerogative.'' But some of those amendments Would indeed have addressed the very problems that really are major tax outcry issues. One is a three-fifths vote on State spending. Secondly, a three-fifths vote whenever the Legislature is going to authorize property tax increases on the part of local government. A three-fifkhs vote required by Constitution for any local government to increase its levy, and on and on. Those are the kinds of amendments that would have been proposed. At the very least, they would have addressed the kssue that is indeed a very important issue. This amendment, Senator Dudycz, does not do It does not address property taxes. It guarantees, in my judgment, that property taxes will increase, rather than decrease. It qoes in exactly the wrong direction. It is extremely too bad, because think there should be accountability. We should be accountable also. We should have been -- we should be accountable, as a matter of fact, in terms of the mandates we impose on local governments without reimbursing them. But there also are five thousand nine hundred and seventy units of local government ou* there doing the work that We have asked them to do over a perlod of time. Al1 of them - a11 of those five thousand nine hundred and seventy - have property taxing powers. Each ane alone might be able to make a leqitimate case for an increasez but when you accumulaEe *hem all, suddenly the kaxpayer learns that there in an enormous increase in his or her tax bill, and that is a major problem of accountability. That is where We ought to put our accountability emphasis. So for a11 of the reasons that you are firing in exactly the wrong direction - and it's too bad, because it's going to be misleading to the taxpayers it seems to me that this is not the right way to go. 41 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990
PRESIDING OFFICER: (SENATOR LDFT) Further discussion? Senator Kustra.
Thank you, Mr. President and Members of the Senate. The debate so far sounds like wedre considering a bill that weire going to pass into law. It's a very interesting discussion, Senator Netsch, but that of course, as you know, is really not what we're doing here. You and I have proposed a Constitutional Amendment to do something about merit selection - selectâng judges differently. That's really What Wedre -- wefre doing here, but there's one difference between what Senator Dudycz is trying to do here and what else we've been discussing this day and also that merit selection proposal and a lot of others. At the same time that we have been in this General Assembly discussing this particular proposal to amend the Constitution and require a three-fifths vote for a tax increase, Illinoisans across this State have been circulating petitions to do the same thing. And today they have accumulated somewhere around four hundred thousand signatures. Eour hundred thousand Illinoisansv Senator Netsch ? who know exactly What they Were signing. They knew exactly what they were doing. They Were saying, ''Before a State tax is passed in this State, we Want an extraordinary majority.'' And I would suggest to you that before we rush off looking at this like some other law - looking at this like one of those other Constitutional Amendments we can beat down for partisan reasons - you better take count of those four hundred thousand people that have already siqned on. What we ouqht to be doing here is givïng the people of the State of Illinois the opportunity to decide Whether they think we ought to be acting with a three-fifths majority before we kncrease their taxes. Itts the height of folly. It's arrogance. It's gall to stand up and argue against a proposal that does not pass into 1aw anything, but places something before the people of 42 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SCSSION SENATE TRANSCRIPT 82nd Leqislative Day May 1, 1990 the State of Illinois this November. That's the issue right here, and that's why every Senator in this Chamber ought to be voting Aye, so the people can have the last Word. Last checked, that's the Way this system works.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Senator Rigney.
Well, Mr. President, let me tell you what really kind of like about this amendment. I know we kind of get hung up over the sixty-percent provision, but what really like about this amendment is that it, for the first time, kind of slows down some of the procedures within the lllinois General Assembly. If you al1 recall that stealth bomber that came over here last summer from the -- the House, When they had 1st, 2nd and 3rd Reading within two hours, and suddenly we had a brand new tax bill laying on our desks. Those things shouldnft happen. You know, if We read very carefully, our Constitution that Senator Netsch and I had a chance to participate in a number of years ago -- we went to great pains to make sure that everything was going to be read on three separate days in each House. And, heyr standin: around here, we know that isnêt the Way it works. It hasn't been working that way at all. As a loyal member of the Revenue Committee all of the years that I served in the House and noW in the Senate, I'm somewhat appalled at what see happening within our oWn commkttee. I'd like to make you a very powerful chairmanr Senator Netsch. rfve watched you over the years. r know Eha: mosk of time you do good work, but unfortunately, you know, nobody remembers us. It seems like the whole scheme, the whole pattern around here is to bypass the Revenue Committee. They might take a look at it. They might understand it. They might have some comments, and then maybe the doggoned thing wouldn't get out if it had to qo to the Revenue Committee. Well, I think We can do 43 STATE OF ILLINOIS 86th GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 better. I think it's incumbent upon us that we make some -- make some effort here to try to do better, and the only Way wedre ever going to achieve it, as I see, is to put some backbone into this whole process return some power to the Revenue Committee - slow down the process as this says it Will, for two Weeks. Let's get these things out in front of the press, out in front of the people. Wedre a1l qoin: to be Winners by this. We will have better legislation, and to me it's just an easy case. This by far is the most important part of that particular Constitutional Amendment, and I hope that maybe if you don't like some other parts, you can at least vote for it# based upon what wedre doing as far as the procedures -- the internal procedures of this General Assembly.
PRESIDING OFFICER: (SENATOR LUFT) Further discussion? Further discussion? Senator Rock.
Thank you, Mr. President, Ladles and Gentlemen of the Senate. I arise in strong opposition to SJRCA 151 - I guess it is. And I guess I'd like to start with Senator Rigney's comments first, because that's the part of this amendment that is pretty much overlooked, and perhaps ought -- it ought to be. Except it really is a direct infringement on what I think are some prerogatives and rights that the Members ought to have. Under -- under this provision, should it become law, Senator Netsch could only serve as the chairman of the Revenue Committee for four years, as opposed Eo enjoying seniority and experEise as we currently do, and the call for a two-week notice - we didn't even have a two-week notice on SJRCA 151. I Was going to bring that up in committee, but I thought better of it. I don't -- I don't knoW that that's - and that's really kind of pettifogging - I don't know that that's really important to anybody but us intramurally' that by Constitutional Amendment We Would set the number of 44 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Members and the length and duration of their service. But I think I in the broader scheme of things, Senator Kustra, you're being a little inconsistent, because I heard your speech about an hour ago on SJR l4, and you said on behalf of Senator Watson's proposition, that it was extremely important that we have a three-fifths vote in order to impose some policy decisions on local governments and sahool districtsz beeause it will then begin, you said - the much-needed shift from the property to the income tax, and therefore you supported l4. This one, if you support, is going ' the other way. This is truly going the other way. Because one, it does not even attempt anything with respect to property tax directly, nor does it attempt to control, in any respect, spendinq, and I frankly have trouble - maybe I'm too much of a purist or an academic, having listened to Senator Netsch al1 these years - but it seens to me accountability belongs more with spendinq than it does with revenue. There are two parts to the equation. Even in your own household budget, or even in your kids allowance, you need more revenue or less spending in order to make them come out the same at the end of the aonth. And accountability as a concept seems to me better in conjunction with spending than it does with the revenue side, but that's -- it's a nice buzzword, and apparently is this year's election-year buzzword, and so I'm sure wedll be hearing a lot about accountability. But I would in attempt to curry some favor with the major media, like to quote -- to you from their editorials. And their editorials say -- the Chicago Tribune said, ''It should be called the Fiscal Irresponsibility Amendment.'' The Chicago Tribune. And I applaud them for their opinion. And really, they got to the heart of the matter, and I guess as a Member of the majority party, that's Why I feel so strongly about this. Because it says, very correctly, that Ehis amendment would give the minority party - no matter who 's here; forget the personalities - 45 . i l 1 STATE 0F ILLINOIS 1 86th REGE UN LE ARAL ssA sS sS lE oM NBLY I i SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 i it Would give a minority party a power it could not win at the ballot box, because its votes would be needed to pass tax proposals. And I suppose as a Member of the minority, and all twenty-seven of you that are over there can understand that. I understand it. I don 't agree with it, obviously, but I underskand it. And the Chicago Sun-Times, which I know everybody in Dupage County reads, said *he proposal is counterproductive to the real need for tax reform. Taxes aggravate everyone, it goes on to say, and the anti-tax fever that's growing in northern Illinois and that we as a group are constantly feeding, is aimed at local property taxes. And this amendment amounts only to outfitting Illinois with a fiscal straightjacket. I think truly it's ill-conceived. Tt should not be called accountability. Ik does not in any respect address spendinq or the growth of the property tax. And Senator Kustra, if that's the road we should begin to travel - and I agree we should - this, I suggest, is going in absolutely the wrong direction: and I would ask for a No vote . PRESIDING OFFICER: (SENATOR LDFT) Further discussion? Further discussion? If not, Senator Dudycz, to close. SENATOR DUDYCZ: Thank you, Mr. President. I'm not going to engage in some political rhetoric, but I'd like to address two issues that were brought on this -- to this Body by some of the opponents of the amendment. Spending and property taxes. You know, you could pass a Ehousand spending bills, Senator Roek. But if you don 't have the money, then you can lt Write the checks. That's the spending end of it. As far as the property taxes, you know, Senator Neksch, you mentioned that We don't deal with property taxes here in the senate. Well I be9 to differ with you. Back in 1987, House Bill 2190. We authorized property tax levy to the Chicago Board of Education. Senator Rock, House Bill 3917 in 1988 - you 46 STATE OF ILLINOIS . 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' 82nd Legislative Day May 1, 1990 i sponsored it, Senator. That -- that authorized the Chicago Board ! I of Education to levy a property tax on the homeowners of the City of Chicago. We do deal in properky taxes. You can't fool the public. ïou can't do it anymore. Over three hundred Ehousand Illinoisans - between three and four hundred, as a matter of fact - have so far shown their support for the tax accountability amendment by signing these petitions. You know, it's supported by b0th candidakes for Governor - the Republican candidate and the Democratic candidate. I'm not going to quote any Chicago media, Senator Roek) I'm just going to quote the people - four hundred thousand of them, that are sayîng that theydre sick and tired of us passing tax increases the way we did last June 30th, when the Speaker sent over in the last couple of hours a l. 2 billion tax increase, and we still had - according to the Illinois Compkroller's Office - we still had five hundred and forty-one million dollars in the bank. That Was -- that was irresponsible. The people are telling us that they Want us to be responsible by requirinq that we have an extraordinary majority vote before we rakse any revenues. And I think every Senator in this Body ought to support it. Thank you.
PRESIDING OFFICER: (SENATOR LUPT) A1l right. The question isr shall SJRCA l51 be adopted and approved. Those in favor will vote Aye. Opposed, vote Nay. The votinq is open. Have a1l voted who wish? Have all voted Who wish? Have a11 voted who wish? Take the record, please, Madam Secretary. On khaE question, the Ayes are 32, the Nays are l6, 4 -- 4 voting Present. The amendment, having failed to receive a three-fifths constitutional majority, is deckared lost.
Senator Brookins, for what purpose do your arise?
Mr. President, I'd like to ask for a resolukion ko reeeive -- 47 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 82nd Legislative Day May 1, 1990 immediately consideration. Resolution 1003. It is congratulatory.
A11 right. We hazen't gotten there yet. When We get there, we'll do it. A1l right. The board has suddenly gone amuck here. Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd like the record to indicate that Cal Schuneman is home after his successful operation.
The record Will so reflectz and give him our best. All right. Ladies and Gentlemen, wedre just -- we have a couple of resolutions, and then we're going to adjourn. Senator -- I know there are a couple of announcements, so if you'll just bear wkth me, ke'll get through this as rapidly as possible. Resolutionsp Madam Secretary.
Senate Resolution 1-0-0-3 offered by Senator Brookins.
All right. Senator Brookins has moved to suspend the rules for the immediate consideration and adoption of Senate Senate Resolution 1003, a congratulatory resolution, whieh has to be presented, I guess, this evening. A11 in favor of the Motion to Suspend, indicate by sayin: Aye. All opposed. The Ayes have it. The rules are suspended. Eenator Brookkns now moves the adoption of Senate Resolution 1003. A11 in favor, indieate by saying Aye. Al1 opposed. The Ayes have it. The resolution is adopted. Further resolutions?
Senate Resolution 1004 offered by Senator Watson. It is also eongratulatory. 48 STATE 0F ILLIXOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1: 1990
Consent Calendar. A11 right. Announcements? Further business? Ladies and Gentlemen, we'll commence tonorrow ak twelve-thirty, 'cause I suggest the same thing that happened today will happen tomorrow. There's a heavy committee schedule in the morning, and so we'll just start our business at twelve-thirty With the hope that we can break at one o'clock for the eommittees. Announcements or further business? Senator O'Daniel.
Mr. President, point of personal privilege.
State your point, sir.
In the gallery -- in your gallery there 's a seventh grade from the Allendale School, alonq with their principal, Mr. Grover Burkett. Theydre the children that have no school. Their school was blown away in khe tornado in 1989 ln January, and theydre now buildin: a new school, and I'd like for you to help me welcome them to Springfield.
Will our guests please stand and be recognized. Welcome to Springfield. It's a dream of every kid in Illinois to have no school, huh? Senator Marovitz.
Thank you very much, Mr. President. The Judiciary Commkttee will meet in Room 2l2 in about fifteen minuEes. We do have a lot of bills, so we can get out before twelve o'clock tonlght if everybody can be prompt. We can start no later than three-fifteen.
Senator Kelly.
49 i STATE 0F ILLINOIS I 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Thank you, Mr. President. The Executive Appointment Commitkee will meet tomorrow morning at nine o'clock, and wefve only got fourteen appointments. So I'd ask those on the committee to please be there. 1 happen to be on the Elementary Educatkon Committee, and would like to get up there along with a couple of our other colleagues on that committee. So if you can be therer we dll move it very quickly and -- hopefully. Thank you very much. PRESIDENT ROCK: Senator Jacobs. SENATOR JACOBS: Just to announce the Labor Committee Wil1 meet tomorrow at one o'clock p.m. in Room A-l. We have a light schedule, so if you :et there on time, We can get you out to your other meetings. PRESIDENT ROCK: Senator O lDaniel. SENATOR O'DANIEL: Thank you, Mr. President. The Agriculture and Conservation Committee will meet immediately in Room 400. Thank you. PRESIDENT ROCK: Senator Jones. SENATOR JONES: Yeaho Thank you: Mr. Preskdent. Wedll schedule the recessed . meeting of the Insurance Committee Will meet at 5:00 p.m. in Room 400. We only bave about four bills left, so if a1l those members of the committee could be there, we could be out of there in less than a half an hour. PRESIDENT ROCK: Senator Berman. SENATOR BERMAN: Thank you. The Elementary and Secondary Education Committee Will meet at 9:00 a.m. - 9:00 a.m. tomorrow morning. Room 400. PRESIDENT ROCK: 50 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 82nd Legislative Day May 1, 1990 Senator Davidson.
Mr. Presidente Members of the Senate, any of those Who Wish to attend the Governor's Prayer Breakfast and wish tickets in the reserved section we have: I only have three tickets left in the center section. If you want to go, I need to hear from you today or tomorrow, 'eause we release them a1l Thursday morning and we're already oversold.
Al1 right. Governor's Prayer Breakfast. Don't forget. Senator Jones.
Yeah. Thank you, Mr. President. Just a correction. That is five-thirty for the Insurance Committee meeting, not five o'elock. Five-thirty. And for those Members, you leave information with your secretaries where you are, our staff will get in contact with you, and wefll be through in less that a half hour.
All right. Further announcements? Eurther business? If not, Senator Vadalabene moves that the Senate stand adjourned until Wednesday, May 2nd# at 12:30 p.m. Twelve-thirty tomorrow afternoone Ladies and Gentlemen. Twelve-thirty. Senate stands adjourned. 51 REPORTZ TIFLDAY STATE DF ILLINOIS PAGE l k*:22 û6TH GENERZE AZGEHBLY 05/08/96 I SENATE DAILT TRANSZRIPTIGN 0F DEBATE IN9EX I MAv cz, 19go 1 ! SB-1887 OTHER PAGE 4 56-2102 OTHER PAGE 5 sR-099t REGCLUTInN OFFERED PAGE 3 1 5R-0992 R 0993 - ESOLUTION O RESOLUTION FFERED OFFERQD PAGE PAGE 3 3 j SR-099# RESDLUTION OFFERED PAGE 3 5R-09996 - 95R ESOLUTjDN OFFERED RE3OLUTION SFFERED PAGE PAGE 3 3 l 5R-:997 RESDLUTION OFFERED PAGE 3 sR-c998 REscturloN OFFERED PAGE 3 1 5R-0999 RESGLUTION OFFERED PAGE 3 SR-t000 RESGLUTION OFFERED PAGE 3 I SR-10O1 RESCLUTION OFFERED PAGE 3 GR-l0Q2 RESOLUTION OFFERE: PAGE 4 i S GR-l003 A8OPTEO - PAGE &e h l0 *HJR-OO0 O#R TE HZ IO RL TI OUREO AN DIO NF GFEREO PAGE *8 6 1 SJR-00t4 THIRD REAOING PAGE ô ! SJR-OO72 THIRD READING PAGE 18 SJR-Ol18T 0119 - HIRD R TBIRD EADING READING PAGE PAGE 32 33 l GJR-0t51 THIRD REA9ING PAGE 39 SJR-0t64 REGOLUTION OFFERED PAGE # SJR-0l65RESOLUTIONDFFERED PAGE 3 1 suuaEcz .AT1Ea 1 SENATE r0 ORDER - PRESIOENT RSEK PAGE t PRAYER - REVEREND HEReERT HUBBARD PAGE t JOURNALS - APPROVED PAGE l JOURNAL - POSTPONED PAGE t COB HM :ITTEE REPORTS- RQLES - ASSIGNAENT OF BILLS PAGE PAGE 2t . I COMMITT6E REPOR'S PAGE 2 1 REPORTS RECEIVED - COXPENGATIUN REVTE: BOJRD PAGE 2 INTRO.-EECIL PARTEE-STATE'S ATTORNEY-EOOK EOUNTY PAGE 5 INTRO.-MS NADEIHDA NAUMENKG-DIEKSON, SI8ERIA PAGE 5 SN IET NR AO T. O- RFR DE: RUF ZI OR OEMAN-STATE'S ATTORNEY-LAKE COUNTY PAGE - 6 1 PREGIDENT ROEK PRES IOING O/FIEER PRESIDING - PA PAGE ' IB 32 j SENATOR LUFT- PRESIDINGOFFICER PRESIDENT ROEK - PR/SIDING PAG6 PAGE 33 *1 1 ADJOURNYENT PAGE 51 j 1 I 1 l 1 1 I . 1 l I 1 !