The hour of noon having arrived, the Senate Will please come to order. Wkll the Members be at their desks, and will our quests in the gallery please rise. Our prayer this afternoon by tbe Reverend Lewis M. Krause, Springfield Southern Baptist Church' Springfield, Illinois. Reverend.
(Prayer by the Reverend Lewis M. Krause)
Thank you: Reverend. Reading of the Journal, Madam Secretarya Senator Smith. What's the matter With Senator Smith?
Are you there? Thank you. I'm sorry. Thank you: Mr. President, Ladies and Gentlemen of the Senate. T move that the readin: and approval of the Journal of Wednesday: November 28th, in the year 1990, be postponed: pending arrival of the printed Journal.
You 've heard the motion as placed by Senator Smith. Is khere any discussion? If not, all in favor, indieate by saying Aye. Al1 opposed . The Ayes have it. The motion carries, and it is so ordered. Senator Madigang for what purpose do you arise, sir?
Point of personal privilegez Mr. President.
State your point, please.
Thank you: Mr. President. In the President's Gallery with us this afternoon is a member of the Senate Staff, Debbie Deckelmann, and her father, Dutch Deckelmann. I'd like them to be recognized.
Will our guests please rise and be reeognized. Weleome . STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29F 1990 Resolutions.
Senate Resolution 1486 offered by Senator Rea. Senate Resolution 1487 offered by Senator Karpiel. Senate Resolution 1491 offered by Senators Vadalabenes Hudsong Geo-Karis and all Members. Senate Resolution 1492 offered by Senator -- Senator Philip and a11 Members. Senate Resolution 1493 offered by Senator Demuzio. Senate Resolutkons 1494 and 1495 offered by Senator Lechowicz. Senate Resolution 1496 offered by Senator Saviekas and a1l Members. And Senate Joint Resolution 223 offered by Senator del Valle. They 're al1 congratulaeory and death resolutions.
Consent Calendar.
Senate Resolution 1488 offered by Senators Schaffer, Thomas Dunn and Donahue. Senate Resolution 1489 offered by Senator J.E. Joyee. Senate Resolution 1490 offered by Senators Marovitz and Berman. And Senate Joint Resolution 224 offered by Senator Jerome Joyce. Theyfre a1l substantive.
Consent Calendar. 0h -- I'm sorry -- the -- the latter two will be referred to the Committee on Executive. Wtth leave of the Body, Ladies and Gentlemen, Senate Resolutions 1488: sponsored by Senator Schaffer) 1489, sponsored by Senator Joyce; and 1490, sponsored by Senators Marovitz and Berman, will be, with leave, referred to the Order of Secretary's Desk. Each of them has STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 indicated they might wish to pursue these tomorrow. So rather than have multiple motions, webll just, with leavez put them on the Secretary's Desk; everybody will have a chance to read them , and We'l1 take them up toaorrow. Leave granted? Leave is granted. So ordered. Al1 right. Ladies and Gentlemen, we will beqin on Page l7. A number of Members have filed motions in reaction to gubernatorial action. So we will begin on Paqe l7. The bottom of Page l7, on the Order of Motions kn Writing to Override Total Vetoes, and we will move right through Pages l8, 19 and 20, in the order on which those appear on the Calendar. can have your attention for a moment, and ask you to turn to Page 18 on the Calendar, tbe Secretary informs me of a printer's error that we'd like to correct. Tn the middle of Page l8, on the Order of Motions in Writing to Override Item Vetoes, 3462, House Blll 3462 should be listed on that order. So on the Order of Motions in Writing to Override Item Vetoes, you will have a motion with respect to House Bill 3273, then you Will have a motion with respect to House Bill 3462: and then House 3ill 3544. If you look on Page l9, on the Order of Motions in Writing to Restore Item Reduceions, House Bàll 3462, sponsored by Senator DeAngelis, is erroneously placed. So al1 wedre doing is moving 3462 over to the Order of Motions in Writin; to Override Item Vetoes. Senator Friedland, you ready to start us off here? On the Order of Motions in Writing to Override Total Vetoes is a motion filed with respect to House Bill 2924. Madam Secretary: read the motion, please.
move *hat House Bill 2924 do passe the veto of the Governor to the contrary notwithstanding. Filed by Senators Friedland and Luft.
Senator Friedland. 3 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990
ehank you, Mr. President, Ladies and Gentlemen of the Senate. Yesterday distributed a letter from tbe Sheriffs' Association which outlines and rebuts the Governor's veto of this bill, which passed earlier in the Session, 57 to 2. you'll recall that this -- this is the stipend for the sheriffs throughout this State. And the reason for the bill is that several years ago the Assembly enacted legislation which gave the responsibility of misdemeanant prisoners to the sheriffs. As you can see from this bill, itls a little over tWo hundred thousand; the numbers are small, and kt speaks directly to t' he counties where jails are operated. It's a real good bill; it's supported by the Sheriffs' Association; I'd urge your support, and it's a lot cheaper than the rose garden. Thank you.
A11 right. Senator Friedland has moved that House Bill 2924 passz the veto of the Governor to the contrary notwithstanding. Is there any discussion? Discussion? If not, the question is, shall House Bill 2924 pass, the veto of the Governor to the contrary notwithstanding. Those in favor will vote aye. Opposedr Mote nay . And the votkng is open. Have a11 voted who wish? Have a1l voted Who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 47 Ayes, Nays, none voting Present. House Bill 2924, having received the required three-fifths vote, is declared passed: the veto of the Governor to the contrary notwithstanding. Senator Newhouses are you ready on 29662 Bottom of Page 17# Ladles and Gentlemen, on the Order of Motions in Writing to Override Total Vetoes, there is a motion filed with respect to House Bill 2966. Read the motion, Madam Secretary, please.
I move that House Bill 2966 do pass' the veto of the Governor 4 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 to the contrary notwithstanding. Filed by Senator Newhouse.
Senator Newhouse. If I can have your attention: Ladies and Gentlemen, WICS-TV would like to shoot some videotape, and AP has requested permission to take some photographs. Without objection, leave is granted. Senator Newhouse.
Thank you, Mr. President. Mr. President: Senatorsy this bill requires elementary school districts to alter their curriculum to include subject matter that has to do with career education. The purpose of this bill, of course, is to prepare people for the real world. Now the Governor cites costs as a eoneern, but the State's Mandates Act fiscal note, prepared by SBA Ksie>, states that the bill has no fiscal impact. Each school board then is to determine the amount of instruction time to be devoted to this area, and I would move an Aye vote on this bill.
A11 right. The Gentleman has moved that House Bill 2966 pass, the veto of the Governor to the contrary notwithstanding. Discussion? Senator del Valle. Any discussion? If not, *he question is, shall House Bill 2966 pass, the zeto of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Opposed, vote Nay, and the voting is open. Have all voted who wish? Have a1l voted who wish? Have a11 voted who Wish? Have all voted who wish? Have al1 voted who wish? Take *he record. On that question, there are 28 Ayes, 23 Nays, l votin: Present, and the motion fails. 3406. Senator Jacobs. Madam Secretary. 3406. Read the motion, please.
f move that House Bill 3406 do pass, the veto of the Governor to the contrary notwithstanding. 5 SQATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Filed by Senator Jacobs.
Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. In the Governor's veto message of House Bi1l 3406, he had some objections to Senate Amendment No. 3, whieh extended retired municipal employees' health care covetage at the retirees' expense. It was overridden in the House. This bill passed out of the Senate with 43 votes before, and I ask for those same 43 votes in an override.
Al1 right. The Gentleman has moved that Senate Bill -- House Bill 3406 pass, the veto of the Governor to the contrary notwithstanding . Discussion? Senator Barkhausen.
Mr. President and Members, it is -- it is somewhat difficult ko rise to oppose this override motion. But I think, for those of us who went through a recent campaign season sayin: that We Were vitally concerned about the oppressive burden of property taxes on our constituents, I think should be -- should be thinking of something and saying something on this -- an this measure. As I understand it - Senator Jacobs can correct me if I'm wrong - as understand it, this provision of the leqislation, Which the Covernor has vetoed, would require local governmental bodies With IMRF employees to extend to those retired employees *he abiliey to obtain health insurance at the - and this is the key of it - the the average cost of of active employees. Now I çan see that there might well be a justification for requiring the -- the provision of health insurance at the -- at the actuarlal cost experienced by retired employees. But to -- to make it to require that it be made available and -- and this at a time when 6 STATE OF ILLINOIS 86th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 when there is mandatory eollective bargaining in the State, for us to pass a 1aw at the State level that places on local governments the burden of providing health insurance at the average cost of a younger and healthier group of employees, I think is -- is downriqht irresponsible of us -- and two-faced of us to be able to go back to our constituents and say that we are bound and determined to do something about property taxes, when we tie the hands of our local governmental employers in attemptlnq to cope with probably what is the most rapidly increasing cost in society today - the cost of health care, and therefore of health insurance. So I think the Governor's action in this casey while politieally painful, Was appropriatez and I don't èhink we should be overridin:
Any further discussion on the motion to override? Senator Jacobs, you Wish to close?
Thank you Mr. President. Just very quickly, I -- I think that just the opposite would be true: Senator Barkhausen. I feel that in my fourteen years as a mayor, we -- we -- we pretty well saw that whenever you give somebody an incentive to -- to leave, when they 're fifty-nine, sixty-one, sixty-three, theylll take that. If notp they're qoing to stay on, and that person is going to be in that same category anyway. So I don't really see an increase in cosk. In facte I see a reduction in cost, because I think that that person then will leave, and the longeviEy pay, et ceEera, that that person is receiving, the new employee comin: will not receive it, and I think that's it's really a cost saving, and ask for an Aye vote.
Question ise shall House Bill 3406 pass, the veto of the Governor to the eontrary notwithstanding. Those in favor will STATE OF ILLINOIS 86*: GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29# 1990 vote Aye. Opposed, vote Nay, and the voting is open. Have al1 voted who Wish? Have all voted who wish? Have al1 voted who Wish? Have a1l voted kho Wish? Take the record. On that question, there are 46 Ayes, 10 Nays, none voting Present. House Bill 3406, havin: received the required three-fifths votez is declared passedy the veto of the Governor to the contrary notkithstanding. Senator del Valle, for what purpose -- can we have your attention, Ladies and Gentlemen? Can We take the conferences off the Floor? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. Point of personal privilege.
State your point, please. SENATOR dEL VALLE: Visiting us today is the Treasurer of the City of Chicago, Miriam Santos. I'd like to Welcome her to the Illinois Senate.
Welcome. Senator Geo-Karis, for what purpose do you arise? SENATOR GEO-XARISJ Mr. President, Ladîes and Gentlemen of the Senate. That I may have had a conflict of interest in the last bill, but I've already disclosed my conflict, and I feel it's a fair bill -- on 3406.
Top of Page l8# Ladies and Gentlemen. Senator Zito, are you ready? Top of Page 18. On the Order of Motions in Writing to Override Total Vetoes. There's a motkon, Madam Secretary, wkth respect to House Bill 3655. Read the motion, please. SECRETARY HAWKERI I move that House Bill 3655 do pass, the veto of the Governor to the contrary notwithstanding. Filed by Senator Zito.
8 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Senator Zito.
Yes. Thank you, Mr. President and Members. I would move to override khe Governor's veto of House Bill 3655. The House has already done such by voting 96 to 17. If youfll recall, the bill will mandate khe Department of Public Aid to employ a uniform reimbursement cycle for nursing home providers statewide. Currently we do this in in Chicago, and we are attempting to put the Department -- to ereate reimbursement cycles on a calendar-month basis, for all the long-term care providers, Statewide. Downstate currently is not under this system . In the Governor's veto message, he indicated that he is sensitive to the inconvenience experienced by nursinq home providers, because of khe State's current payment eycles. But he indieates that there isn't funding available to do this. I've -- I've yet to see, or be convinced, that State dollars in fact are -- are going to have some shortcomings. As a matter of fact, the House restored approximately forty-three million dollars to the long-term line of Publàc Aid budget to bring the payment cycle down to thirty-one days. I think the fundin: problem has been solved. Everybody agrees that it is a good idea, and it should, in fact, receive the Senate's support. I would ask to override the Governor's veto.
Al1 right. The Gentleman has moved that House Bill 3655 passr the veto of the Governor to the contrary notwithstanding . Discussion? senator Topinka. SENATOR TOPINEAI ïes. Mr. Presidentz Ladies and Gentlemen of the Senateg although, indeed this is a one-shot four-million-dollar hit, think this is somekhing that has been promised to the nursing home industry. It Was, indeed, once part of a deal which has subsequently unraveled. This creates a tremendous bookkeeping 9 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 problem as is for the nursing home industry. I'm sure that if this becomes law, and we :et them al1 on-line, and everybody getting paid at the same time, that the practicality of their operation is ultimately going to be better, not only for the nursing home industry, but also for the people of Illinois, and I stand in support of it.
Further discussion? Any further discussion? Senator Zito, you wlsh to elose?
Roll call.
Question is, shall House Bill 3655 pass, the veto of the Governor of the contrary notwithstanding. Those in favor will vote Aye. Opposed, vote Nay, and the voting 's open. Have a1l voted uho kish? Al1 voted who Wish? Have all voted who wish? Have all voted who wish? Have all voted who Wish? Take the record. On that questionz there are 35 Ayes, 14 Nays, none voting Present, and the motion fails. 3671. Senator Etheredge. Madam Secretary, on the Order of Motions in Writing to Override Total Vetoes, the motion filed with respect to House Bill 3671. Read the motion: please.
I move that House Bill 3671 do pass, the veto of the Governor to khe contrary notwithstanding. Filed by Senator Etheredqe.
Senator Etheredge.
Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. I move that khe Governorts veto of House Bill 3671 be overridden. Basically, what this bill does is to make it possible for 10 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29: 1990 community college students to participate in the student-to-seudent qrant program which is operated through the Illinois State Student Assistanee Commission. The way it works is the students, by referendum on their individual campuses, elect to participate or not to participaee by levying a voluntary fee upon themselves which goes into a fund which is matched by State dollars and distributed to worthy students in the form of scholarships. As I said -- I view this as an equity issue, as far as khe community college -- colleges are concerned, and Would ask for your favorable consideration.
Senator Etheredge has moved that House Bill 3671 pass, the veto of the Governor to the contrary notwithstanding. Is there any discussion? Discussion? If not, the question is: shall House Bill 3671 pass, the veto of the Governor to the contrary notwithstanding. Those in favor Will vote Aye. Opposed, vote Nay , and the votin: is open. All voted who wish? Have all voted who wish? Have all voted who wish? Have all voted Who Wish? Take the record. On that question: there are 55 Ayes: no Nays, voting Present. House Bil1 3671, havin: received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithstanding. 3699. Senator Demuzio. Madam Secretary' there's a motion filed with respect to House Bill 3699. Read the motion, please.
move khat House Bill 3699 do pass: the veto of the Governor to the contrary notwithstanding. Filed by Senator Demuzio.
Senator Demuzio.
Well, thank you, Mr. President, Ladies and Gentlemen of the 11 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Senate. House Bill 3699 was the stipend for the county treasurers that moved the stipend from thirty-five hundred to five-thousand. If you remember correctly, back 1986 the General Assembly did pass the legislakion authorizing a thirty-five-hundred-dollar stipend. Unfortunately, by the time we :ot around to taking final aetiony the county treasurers had already -- had their -- took their oath of offieez and as a consequence, they are the only body that - to my knowledge - that is not yet receiving any kind of additional compensation for the duties that they are performing at the local level. The stipend also requires that a training program for county treasurers be administered by the office of the State Comptroller, and indicates that the State Treasurer has sixty days after assuming office to apply to the Comptroller's office for administering to the training program. And if the treasurer fails to complete the course as required in the Act, he or she can be subjeet to the penalties already provided for in -- for neglect of duty. It seems to me that in a11 fairness they ought to be treated as we treat al1 other county officials, and I therefore would move that the -- to override the Governor's veto with respect to this bill.
A11 right. Senator Demuzio has moved that House Bill 3699 pass, the veto of the Governor to the contrary notwithstanding. Is there any discussion? If not, the question is, shall House Bill 3699 pass, the veto to the Governor to the contrary notwithskanding. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have all voted who wish? Have a1l voted who wlsh? Have all voted who wish? Take the record. On that question, there are 50 Ayes, ? Nays, none voting Present. House Bill 3699: having received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithskanding. 3940. Senator Demuzio. Madam Secretary, on the 12 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Order of Motions in Writing to Override Total Vetoes, there's a motion filed with respect to House Bill 3940. Read the motion, please.
I move that House Bill 3940 do pass, the veto of the Governor to the contrary notwithstanding. Filed by Senator Demuzio.
Senator Demuzio.
Welle againy thank you, Mr. President: Ladies and Gentlemen of the Senate. House Bill 3940 I think is a bill that everyone aqrees, with respect to special education, that we ought to do. The Governor vetoed this specific -- this piece of legislation because it does set up a new formula by which we reimburse school districts for the services of special education teachers. Actually, khat it would do, it would change the amount that's been authorized from eight thousand dollars per teacher to twenty-six percent of the Statewide average of special education teacher's salary. I think again that most individuals around here believe thak this is something we ought to do. It does -- it has no fiscal impact this year. It does have a fiscal impact next year of six hundred and thirty-nine thousand five hundred dollars, and I would ask for your support to override the Governor's veto.
If I can have your attention, please. WAND-TV also has requested permission to shoot some videotape. With objection, leave is granted. The Gentleman has moved that House Bill 3940 pass, the veto of the Governor to the contrary notwithstanding. Is there any discussion? Discussion? If notg the question iss shall House Bill 3940 pass, the veto of the Governor to the contrary notwithstanding. Those in favor will vote Aye. 13 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Opposed, vote Nay. The voting is open. Al1 voted Who Wish? A11 voted who wish? Have a11 voted who wish? Have a11 voted kho Wish? Take the record. On that question, there are 30 Ayes, 18 Naysz 6 voting Present, and the motion fails. 3952. On the Order of Motions in Writing, there's a motion With respect to House Bill 3952. Read the motion, Madam Secretary, please.
I move that House Bill 3952 do pass, the veto of the Governor to the contrary notwithstanding. Filed by Senator Jerome J. Joyce.
Senator Joyce.
Thank you, Mr. President. This is the Organic Labeling Act that we passed last Session with 38 votes. Ild be happy to answer any questions.
Gentleman has moved that House Bi11 3952 pass, the veto of the Governor to the contrary notwithstanding. Discussion? Senator Donahue.
Thank you, Mr. President. Ladies and Gentlemen of the Senate. I rise in opposition to this Motion to Override, for a number of reasons. But the one I'd like to talk about the most is that in the federal farm bill, an organic labeling section was included thae will kick in in October of 1993'. And we feel that it would be really inappropriate and kind on confusing if Illinois has their own organic labeling regulations and whateverg and then in 1993 these same organic people are goin: to have to follow the federal rules and regulations, and 1 think itîs kind of confusing. I also feel that a disadvankage for Illinois organic producers, because al1 the other states the forty-nine other 14 STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 states can import products into Illinois that Will not be under the same regulations as those who are producing within the State of Illinois. I think this is a bad timing to do this in lieu of the federal leglslation, and I would move for its opposition.
Al1 right. If I can ask our guests to please keep their conversation down. We certainly welcome you to the Floor, but Wefd ask that you afford the Members the opportunity to be heard. Further discussion? Senator Rigney.
Well, Mr. President and Ladies and Gentlemen of the Senate, I too am opposed to this concept. I think somehow to put an organic label onto a product that's going to be consumed, suggests to the public that this is a superior product. What we are talking about here is really nothing more than the system of growing khat particular aqricultural product. It does not relate to quality. I think other grading standards we have very definitely do relate to quality. I think it's unfortunate that we are giving in to some type of a special interest here that does not relate to the quality of the product. As a beef producerz I'd hate to be produckn: the steak to be laying in the -- in the beef counter, alongside of an organic one, With a subtle su:gestion that somehow this so-called organic product is a superior product. It just isn 't true, and I don't think that We ought to be a part of this syskem.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Schaffer.
I echo the comments of -- of my colleaguesz particularly Senator Donahue. I would also suggest to you that there appears still to be considerable controversy within the ranks of those 15 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 people who might be called organic farmersz about this bill, and about the prospect of two conflicting sets of federal regulations. So I think even Within the organic farming community there is not I agreement on this bill, despite, I Will eoncede, I think a major i effort on bebalf of the sponsors to reach agreement. It may be one of those groups you never get agreement from - I don't know. But the people in the industry in my area have very serious problems with the bill and are very much opposed to it, and I think we should take another look at this and see what the federals are gotng to be doing before we get ourselves in a position where We look ridiculous.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Ladies and Gentlemen, 1et me point out that the -- joining us is -- this afternoon on the Floor is Governor James Thompson. He is talking With Comptroller-elect Dawn Clark Netsch. Let 's give him a warm welcome. Governor. Thank you for joining us today. The Gentleman from Jeffersony Senator O 'Daniel.
Thank you, Mr. President, Members of the Senate. I rise in support of this override. You know, we discussed this in committee and on the Eloor last year. This bill doesn't create anyone any problem. Thereds just a certain segment of our society out here that are interested in obtaining organic foods and the like, and -- and they Want it identified. It doesn't create anyone any problem. You knowz this thin: doesn't do anything to hurt anyone, and -- and I think it's -- it's -- if the people want this, identify this -- this organlc labeling, I don't see any problem with it. I think We ought -- ought to override this veto.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman from McLean, Senator Maltland.
Well, thank you very muchz Kr. President and Kembers of the l 16 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29# 1990 ! Senate. I rise once again in opposition to House Bill 3952. When ' this bill was introduced into the Senate Ag Committee last springz E I quite frankly thought that I was probably going to be supporting i it. I didn't really think too much about it, but I thought, well, i it's something that I can support, until -- until the people l testifying in support of it started telling us why they were supporting it. And they frankly told us that it Was about time thattheycouldnowidentifypureandclean wholesome nourishing 1 food. And as Senator Rigney has suggested, this does send a signal that everythin: else you eat - for whatever reason - is not good food. And I can 't imagine anyone supporting legislakion like this, and particularly an individual or individuals who grow products for human consumption. First of all, there -- we can't even identify what organlc production really is. And this is going to be a scam, sending the wrong signal to the wrong people for something that is not What they think it is in the first place. It's a bad bill, and we ought to defeat it.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce, to close.
Yes. Thank you, Mr. President. Well, to refute some of the things that have been said here -- to somehow suggest that this is -- is a better product than another product, a piece of meat or what have you, or an apple is grown organically or one that is not, is not -- not the case at all. A11 it says is that it's grown orqanically. That's all. It doesn't say it's better or worse, what have you. Some of the supporters of the bill, I might mention to you - the Illinois Farmers Union, the Illinois Stewardship Alliance, the Illinois Consumers for Safe Food, Illinois Farm Bureauz Illinois Impact, Illinois Chapter of The Organic Improvement Association, Illinois Department of Agriculture, Illinois - well, they've since ahanged their opinion 17 STATE 0P ILLINOIS 1 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 - Illinois Environmental Council, Illinois Cakholic Conference, I Midwest Chapter, the Sierra Club. So, you know, there's al1 kinds of folks that are for thisy and basically, a1l it says is i that it's organic food and for food that's going to be -- or -- brought in from out of state, Where the statement was made -- was made that that's goln: to be unfair. I think that's a great incentive for people to buy Illinois. If they don't know what it is, -- they ought to buy it if it's been produced here in Illinois. So I think it's a good consumer protection act, and I would ask for an override on this.
PRESIDING OFFICER: (SENATOR LECSOWICZ) Senator Maitlandz for what purpose do you seek recognition?
Well, I guess, Mr. President, a point of personal privilege. I Would just like to -- and I know the Gentleman was closing, but the Farm Bureau is not supporting this legislation. Now it's my ' understanding that the reason they supported it last spring was because there was no federal program. There is one now. And it is my understanding they are neutral.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Joyce.
Thank you. I have -- they have not told that to me. And -- and regarding tbe federal farm program , we always here try and get somethin: in place at the local level. We do it a1l the time, before the feds impose something on us. And you folks over there are qenerally in favor of that. You -- generally you're the ones that are promoting it. So -- you know -- that -- it's just a facetious argument, I'd ask for a roll call.
PRESIDING OFFICER: (SENATOR LECSOWICZ) QuesEion is, shall the motion on House Bill 3952 pass, the veto of the Governor to the contrary notwithstanding. A11 in 18 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a1l voted Who wish? Have all voted who Wish? Please take the record. On this question, there are 31 Ayes, 22 Nays, 3 recorded as Present, and the motion fails. House Bill 4-0-4-9. Senator Marovitz. Out of the recordz at the request of the sponsor. Also on Page 18, Motions in Writing to Override Item Vetoes appears House Bill 3273. Senator Rea. Read the bill, Madam Secretary.
I move that the item on Page 29, lines 5 through 9 of House Bill 3273 do pass, the ktem veto of the Governor to the contrary notwithstanding. Filed by Senator Rea.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rea.
Thank you: Mr. President. This line item is a hundred and thirty-two thousand for supplementary State aid payments to three school districts that -- actually they Were overassessed for a number of years. Some local property was overassessed for several years and a one-time adjustment was made by leavkng these school districts with less local revenue. And these are small school dkstricts. Thks is a one-time shot, and we did grant the request here earlier and the House has overridden it 79 to 28, and I Would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discusskon? Senator Maitland.
Thank you, Mz. Presidentr Members of the Senate. It is not always easy to rise and oppose a Member on something lmportant to a school district in his legislative district. would just simply say that the school district has been benefitin: from an 19 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29# 1990 overassessed valuation for a number of years, and -- and -- and that's -- was the -- the -- part of the Governor's opposition. And I would also suggest: Mr. President, that there is no substantive language, as I understand itz that has passedz Which would allow this to be -- to be initiated anyway.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Rea, to close.
Thank you, Mr. President. Welre -- Wefre only talking about a hundred and thirty-two thousand here. A one-time shot. And the -- the problem is that these -- these local districts - the three small school districts - it would severely hinder their educational proqram, including the layin: off of teachers, and this Would give them a chance then to get back on course. And would ask for an Aye voke.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall the item on Page 29, lines 5 through 9 of House Bill 3273 pass: the item veto of the Governor to the contrary notwithstanding. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted kho wish? Have a11 voted who Wish? Have a1l voted Who wish? Please take the record. On this question, there are 31 Ayes, 26 Nays, none recorded as Present, and the motion fails. Senator Marovitz, what purpose you seek recognition?
Point of personal privilege. Mr. President, on House Bill 4-1-2-6 I would like the record to reflect a change in principal sponsorship from Senator Jeremiah Joyce to Senator Marovitz. I'm assuming principal sponsorship with the permission of Senator Joyce.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Any objectlon? Hearing none, be so reeorded. There is an 20 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSIQN SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 error on the Calendar. Appearing on Paqe 19 is House Bill 3462, which is the next ikem cf business. So Madam Secretary, please read House Bill 3462. Senator DeAngelis.
move that the item on Page 39, line 35, and Page 40, lines l through 5, of House Bill 3462 do pass, the item veto of the Governor to the contrary notwithstanding. eiled by Senator DeAngelis.
PRESIDING OPFICER: (SEKATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you. Mr. President. I move that we restore the item in House Bill 3462. Let me correct a couple things. Some of you may have had some explanations. This is not a neW program . This has been in effect for six years. And it's a program called Direction Serviees that was sponsored by Senator Berman and myself, whose main purpose Was to be able to provide throughout the libraries of the State of Illinois access through a computer of a1l the facilities that have treatment and facilitles for retarded and disabled people. Now this item has been batted around as to where is should be put. It's been in the State Board's budget. It's been in DCCA IS budget. Essentially it ought to be in the Secretary of Skate's budget, because tbe program is administered through the Library Systems. So that's where itls being put into. It's not an add-on. It's not a new program. Itls just a program thatds finding a place where to land. I urqe your support for this hundred-and-twenty-thousand-dollar ktem that's been there historically. This is their total budget.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any discussion? The question ise shall the ikems on Page 39, lines 35, and Page 40# lines 1 through 5, of House Bill 3462 do pass, item veto of the Governor to the contrary 21 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29# 1990 notwithstanding. All in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have a11 voted who Wish? Please take the record. On this question, there are 54 Ayese no Nays: 1 recorded as Presenty and the items on Page 39, line 35: and Paqe 40, lines 1 through of Hause Bill 3462, having received the three-fifths vote, is declared passedg the item veto of the Governor to the contrary notwithskanding. House Bill 3341 -- I'm sorry. House Bill 3544. Senator Luft. Read the bkll, Madam Secretary.
I move that the item on Page 9, linqs 26 through 32 of House Bill 3544 do pass, the item veto of the Governor to the contrary notwithstanding. Filed by Senator Luft.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. think most of you know what this relates to is tax increment financkng. To give you one brief history. Two years ago we passed reform legislation on tax increment financing. It Was Senakor Rock's bill. And one of the agreements that came forth in those discussions was khat a special fund would be set up - a designated fund in the State treasury - for TIF funds to flow into, ae Which time those funds would be distributed back to the local municipalikies. ThaE has no* been case. Theylve been shortchanqed every year. So what I'm tryinq to do wikh House Bill 3544 is to restore, for fiscal year 1990, the 1.7 million dollars that Was not distributed to the municipalities that had the money morally and: I think legally, coming to them. So I would move, Mr. President, that we restore that money the 1.7 million dollars - to House Bill 3544, the item veto of the Governor to the 22 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 contrary notwithstanding.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall the items on Page 9, lines 26 through 32, of House Bill 3544 do pass, the item veto of the Governor to the contrary notwithstanding. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have'all voted who wish? Please take the record. On this question, there are 53 Ayes, Nay, 2 reeorded as Present, and the items -- item on Page 9, lines 26 through 32, of House Bill 3544 is passed, the item of the Governor to the contrary notwithstanding. This item, having received the three-fifths vote, is declared passed. Also on Page 18 - Motions in Writing to Restore Item Reductions appears House Bill 3273. Senator Demuzio. Read the bill, Madam Secretary. The Lady from Dupage, Senator Fawell, what purpose you seek recognition?
I was called off the Ploor on the last votez and Ifd just like to have it recorded that if I were here on the Floor, would have voted Yes on the last bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Madam Secretary, please read House Bill 3273.
move that the item on Page 28: ltne 1: of House Bi1l 3273 be restored, the item reduction of the Governor to the contrary notwithstanding. Filed by senaEor Demuzio.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a restoration of the public assistance line item of four hundred and seventy-seven thousand nine hundred dollars 23 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legkslative Day November 29, 1990 for the Illinois Adult and Continuing Educators. It is my understanding that both this motion and the motion to -- to come, are those thak were simply reduced by the Governor in order to bring the higher education appropriation somewhere near the -- the total appropriation for elementary and secondary education. And that was perhaps the -- the justification, as I recall, in his veto messaqe. It is -- I would like to point out that in this partkcular line item, the adult and contknuing educators have documented over forty-seven million dollars in welfare savings through job placement from the adult education programs over the last six fiscal years. In the past two fiscal years they've documented -- documented an increase of eighteen million dollars. It seems to me that we are really interested in doing something about the overall expenditure for public assistance in Illinois, that this money here o' four hundred and seventy-seven thousand nine hundred would be Well spent, and I would ask that we reskore a -- the line item for the public assistance in this particular matter, Mr. -- Mr. President.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall the item on Page 19, lines 21 through 24, of House Bill 3273 be restored, the item reduction of the Governor to the contrary notwithstanding. The question is -- all in favor, vote Aye. Al1 opposed, vote Nay. The voking is open. Have all voted who wish? Have a1l voted who Wksh? Have all voted Who wish? Madam Secretary, please take the record. On this question, there are 29 Ayes, 24 Nays, l recorded as Present, and the items on Paqe l9g lines 21 throush 24g of House Bill 3273 fails. House Bill 3273. Senator Demuzio. Page 20, llnes l through -- take it out of the record? House Bill 3341. Senator Carroll. Read the bille Madam Secretary.
I move that the items on Page 6, lines 13, 18: 19 and 21 of 24 STATE OP ILLINOTS 86th GENERAL ASSEMBL: REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29# 1990 House Bill 3341 be restored, the item reduetions of the Governor to the contrary notwithstanding. Filed by Senator Carroll.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the motion to restore the funds that we: the General Assenbly, through bipartisan, bi-chamber agreement, had put into the areas of medical assistance for physicians, hospital inpatient, hospital ambulatory care and those hospitals that are disproportionate share. It totals, in this motion, approximately fifty-six million dollars, of which twenty-eight million is General Revenue Funds; the other twenty-eight million would be funds we would derive from the federal government by spending these funds. When we presented to the Governor the approach of the General Assembly: we identified to him, as we did in 1987: the intent of the General Assembly to honor its commitment to those Who provide service ko people for the State, particularly people in need. We identified then, and I believe we should identify now, that it is unfair to say to those who we call upon to provide service, and particularly at a time When we're truly not paying them even a fair dollar for the services they are providing, that we are not going to make them wait four, five, six months to get paid. We said here in the Senate that a thirty-day payment cycle made sense. No* fifty-six dayse as the Governor had suggested. We funded it at that level. The Governor saw fit to reduce those appropriations, but it's my understandin: they have been paying at a sped-up level notwithstandinq. That means, again, all of us will be here - save him - and in April no authority to pay a bill, even kf cash were available. We are denying the authority to the new Comptroller to process the paper, as we did ln 1987, so that 25 STATE OP ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 119th Legkslative Day November 29, 1990 we will demand service at hospitals. They cannot pull the plug. They cannot deny the admission. We will 1et them bill us a lower amount than the cost of that service, and then we kill say to them startin: in Aprilr l'But we are not gotn: to pay you till probably late August, because they cannot process the paperwork, unless there is appropriation authority.'' The Department cannot and the Comptroller cannot. We learned that in 1987, absent the authority to spend, notwithstandin: the cash issuez just the authority to spend. They couldn't start the paper until the Governor signed the new budget: usually July 14th. And it's almost a thirty-day period before that paper can get through the mill of the department, and the Comptroller to get a check out. So you're really talking about mid-August. HoW dare we say to these peopley ''We are demanding service.'' It is not an issue of saying, ''Well We don't have any more day-care slots. Sorry we cannot take your child.'' We are saying, ''We demand a service. We're just not going to pay you. Nor are we going to even pay you interest on What we, the State, owe you, because the Prompt Payment Act does not come into account unless there is appropriation authorityo'î think we must restore these lines, create the appropriation authority so that the bills can be paid as soon as cash is available. And if we, the State/ are not paylng our bills, we should be paying a form of interest. Because without authority, these hospitals cannot go and even borrow the funds, because they have nowhere to show that they can qet the money from. And they have no interest payments from us to pay for it. We are facing a health-care crisis in Illinois. Ten hospitals closed last kime We tried this. To those of you who live in areas where health care is important - and I believe that ls fifty-nine of us - I do not believe any of us want to go home and say, ''We eontributed to someone's crisis in health care 'cause we would not authorize the payment of bills for services we are demanding.'' The only vote, 26 STATE OF ILLINOIS 86th GENERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 in good conscience, is to vote to restore the funds.
PRESIDING OPFICER: (SENATOR LECHOWICZ) The Genkleman from Cook, Senator Daley.
Thank you, Mr. President and Members of the Senate. I would like just to state that I have an affiliation with Mercy Hospital, but I do not believe this presents a conflict.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from McLean, Senator Maitland.
Well: thank you very much, Mr. President and Members of the Senate. Senator Carroll, I would qive anything in the world to be able to stand up and give the speech that you have just qiven, and support that notion and know that I had the money to back up the strong comments that you made. The fact of the matter is, Wedre not being honest with ourselves. We simply are not. You can call it whatever you want to call it, but the money is not there. I have an affiliation with a hospital too. I've been very active in a hospital, and theydve been down here talking to me, and I can 't tell them today that I'm going to give them additional money When I know full well eome spring' that money isn't there. That's not being responsible. It simply is not. Ladies and Gentlemen of the Senate, the House acted last week, and they didn't act with any degree of common sense. They simply did not. They go back to their district and they said, ''Look What I've done for you.'' The fact of the matter is: you dve really done to Ehem, House Members, because you're promising something thak you can't deliver. We can defeat this motion today, go home and say to our hospital people, ''We don't like khat we had to do, but it was the honest thing. The money is not there.l' And then, if for some reason next sprinq the money is there, and we can find ik someplace, we can deal with this same issue then. Another 27 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legkslatkve Day Noveaber 29, 1990 important fact you have to keep in mind - the Prompt Payment Act. For that amount over and above the appropriation, We are not subject to the Prompt Payment Act. And if we appropriate, and the money is not there: and cannot pay the bill, when that interest fkgure plugs in aftez stxty days, that is, inoeedy yet another cost. And that money comes right out of the hearts of the hospitals. The only responsible vote today - and the Governor was absolutely right - is to defeat this motionz go home and be honest With our constituents and say we'll do everything We can next spring to find the money to fund the system. I urge à No vote.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Hall.
Thank you, Mr. President and Ladies and Gentlemen of. the Senate. In this Chamber as in the other Chamber, 1et us always remember that -- what is the word of a General Assembly worth? This motion does not ask us to approve some new program, or even expand one. It simply asks us to authorize payment to health-care providers for serviees We have purchased, at rates we have negotiated. Ratesz I might addz that are very favorable to us. We're not even promising to pay the providers anything close to the actual cost of providing khe service We have contracted to purchase. We go through this often. HoW can we bring this upon ourselves and upon the health-care system again? We pay so 1ow and so slow, that we have wrecked the health-care system in the past, and then we make it up with promises to keep three hospitals - - keep those hospitals afloat who serve high proportionate of the poor. We promised to increase the rates. What was that promkse worth, if today, we simply say, doesn't matter what rates we promise to pay, because we are not going to provide sufficient funding to pay the rate.' And when we passed our Medicaid appropriations in June, our leaders, the Governor -- a solemn 28 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 promise was made that the funds would be provided to ensure that we Would pay for a full year of health-care services to *he poor, not for just nine or ten months. But as soon as we left town, the appropriation came tumbling down, and we are today facing yet another crisis of credibility - our ovn credibility - whtle we, by our actions here today, send another signal to the citizens of Illinois that a commitment made in these Chambers is Worthless - that our word means nothing. I hope not. I hope this motion will pass with support from the majority of our Members on both sides of the aisle. Our credibility should not be a partisan issue. I fully suppork this, and I hope that that board flashes up with enough green liqhts. Thank you.
PRESIDING OPFICER: (SENATOR LECHOWTCZ) The Gentleman from Cook, President Rock.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in support of this Motion to Restore this amount of money. And I will be supportive of the subsequent tWo motions, and 1'11 be supportive, Ladies and Gentlemen, because I think it reflects, as Senator Hall pointed out, an agreement that was made by the leadership of this Ceneral Assembly. T can recall vividly when we sat in my office in a bipartisan fashion: not really understandin: or knowing yet how to deal with the House and their proposals, and we determined we determined that we were, in fact, and did, in fact: cut four hundred million dollars out of the Governor's budqet as proposed, and we considered a1l the options. And one of the option that we rejected, and rejected literally out of hand Was a delayed-payment cycle to providers of medical care, particularly to the poor of this State. That was a conscious choice that We madey and I can renember Walkin: over With Senator Philip, and presenting our plan to both leaders in the Houser and sayingz l'This is it. This is What we are going to 29 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29e 1990 do.ff And the Governor, franklyr unraveled it. Now I have a copy of the Governor's letter where he says, 1'To override my action will undermine any flexibility Illinois has to weather these difficult economic times, and will lead to extreme financial difficulty this year.'' And you know why we made that decision at that time? We made that deeision with respect to the Medicaid payment cycle, and with respect to the circuit breaker, and we made it in a bipartisan fashion, and we made it so we didn't have to force the poor and the o1d people to shoulder the burden of the Thompson administration overspending in other areas of government. Instead of crying about the General Assembly and its aceions, I suggest very strongly that the current Governor and the Governor-elect ought to take a look ae what's qoing on in their agencies, even as I speak. The Governor-elect should have asked the Governor to tell all his cabinet offieers and agency and code departments to stop this binge of spendin: that they are currently engaqed in. The information have indieates that literally across-the-board, immense raises are bein: offered. And lt's a question of spend, spend, spend, spend, spend, hurry up, because Governor-elect Edgar apparently made the mistake of suggesting that he may not keep a11 these cabinet officers. And so they are on a frenzy of spending, and literally do not care about the spring '9l expenditures, because they assume they are not qoing to be here. So the question is lock in a1l your friends at higher salaries. Buy all this crazy equipment. Do whatever you have to do, and don't worry about what's in the fu*ure. The Appropriations Committee yesterday spent a great deal of time and effort considerin: a thirteen-million-dollar supplemental GRF request, and some elghty million in other funds requests by this administration. And I don't have any quarrel with those, but for goodness sake, don 't say that it's an orgy of spending by the Illinois General Assembly. The orgy of spendinq is goin: on 30 STATE OF ILLINOIS 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 currently in every aqencye literally every agency under the control of the Governor. And to suggest somehow that we withhold payment from those who have provided medical care above and beyond the call of duty, seems to me to be irresponsible. The State of Illinois has the dubious distinction of being the only State in the country Where seventeen hospitals have closed over the past five or six years. And I Will be the first to admit that it Wasn't only due to reimbursement. There were, in at least a couple of instances, some bad management - bad corporate management. But the fact is, when you are providing a service and your cost is a dollar and you are being reimbursed at sixty-seven cents, it doesn't take a rocket scientist to figure out that sooner or later that's not going to balance out. And so this Assenbly attempted to address that. And we passed what Was called the Disproportionate Share Bill: and we provided an extra sixty million dollars, and We brought the sixty-seven cents almost up a dime. It's almost at eighty cents now. So that for every dollar in care that the hospitals and doctors provide, we reimburse their cost by eighty cents' We're going to have to address that again. But now, to suggest on top of it, not only do you get only eiqhty cents on khe dollar - you who provide medical care for the poor now youdre going to wait ninety days. They dve got a eash-flow problem that cannot otherwise be confronted, and khat's going to happen if We don't restore this money: is Ehat by the time these checks cone out of the Thompson and -- then Edgar administration, theydre going Eo be delivered Eo a shutkered building, because some of those hospitals Will have closed, because we didn 't make the effort. I suggest to you very strongly that bokh candidates for Governor indicated that they were confident that they can cut three eo four hundred million dollars out of the next year's budget request. And I'm sure going to help them do it. But we cannot force budqet reconciliation on the backs of the poor, on 31 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Leqislative Day November 29, 1990 the backs of medical care providers. I think it's incumbenk upon the incumbent to help the Governor-elect, and to pick up the phone and say to all his code a:encies and code departments, ''Stop the spending. please. Cut back by ten percent or two percent, or don't bire any new people. Certainly don't qive out mammoth raises. Seop this orgy of spending, because this State has a blgger responsibtlity.' And we can only meet that responGibility by voting Aye on this motion. I strongly urge an Aye vote. END OF TAPE TAPE 2
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senakor Joyce.
Well, where are the two Members that are away heree if We 're so concerned about this thing?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll, to close.
Thank you, Mr. President: Ladies and Gentlemen of the Senate. You know, I think it's interesting that Webre here talking about this. And it seems as if some people are trying to avoid - truly avoid - the real issues. This is a ludicrous debate. Did we order the services? The answer is yes. Why aren't we goin: to at least say, ''I promise to pay.'' That's al1 thak appropriation is is a promise to pay. How dare we say khat wedre qoin: to buy a thirty-six-foot boat for Lake Mlchiqan, and that weAve got to pay in advance, because we don't want that vendor, even though he's five months late. to worry about qetting paid. We paid him 32 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 two-thirds of the money in advance for a thirty-six-foot boat. And now We got to korry about paying him the other third in advance, because we can't have the State's credit chastised by this one out-of-state boat maker. That's smart for the Staee. But people dying in hospitals ke don't want to say ve 're going to pay for, even though We have to pay for them. The Governor didn't say modify the plan. The Governor didn't say to the General Assembly, ''Letfs change the program so We don't owe the money.'' The only question is when do we pay and when do we promise to pay. I have yet ko hear anyone say here that the rates we are paying for this service are too hi:h. How do you expect these business people, be they hospitals or whatever, to borrow the funds to stay in khis most important business if they cannot go to the bank and say, ''Here is the promise to pay, but it's going to be latel'? This is the authority to pay. Everyone elsey we say, ''If we donlt pay for that boat on Eime, we lll pay ehem interesto'' But noy not those Who save lives. Wefre not qoing to tell them not to treat, We're just golng to stiff 'em. And because of the end of the year, we're goinq to stiff 'em for probably six months. That's unconscionable. We have a duty here in the General Assembly to meet our obligations. If you want to change the planz come up with a program. Say, ''Welre not going to pay for poor people in hospitals.'' But as long as we say we are, we have to say, ''This is the authority to pay.'l And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The question :s, shall the items on Page 6, lines l3, l8, 19 and 2l, of House B&l1 3341 be restoredr the item reduetion of *he Governor to the contrary notwithstanding. Those in favor, voee Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Please take the record. On this question, there are 28 Ayes, 18 Nays, none recorded as Present. And the motion fails. 33 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 On Page 19 appears House Bill 3341. Senator Carroll. Hold it? The third item, 3341, you want to hold that? House Bill 3544. Senator Luft. Read the billy Madam Secretary.
I move that the item on Page 9, line 25, of House Bill 3544 be restored, the item reduction of the Governor to the contrary notwithstanding. Filed by Senator Luft.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.
Thank - thank you: Mr. President. House Bill 3544 we visited earlier, when we restored the l.7 million for FY'90 TIF money. This restores the FY'91 8.3 mlllion-dollar TTF money. And I would move that the money be restored, the item reductions of the Governor to the contrary notwithseanding.
PRESIDINC OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall the items on Page 9, line 25, of House Bill 3544 be restored, the item reduction of the Governor to the contrary notwithstanding. Those in favor, vote Aye. Those opposed, vote Nay. The votin: is open. Have a11 voted who wish? Have all voted who wish? Please take the reeord . On this question, there are 52 Ayes, 4 Nays, none recorded as Present. And the item on Page line 25, of House Bill 3544 is restored, the item reduction of the Governor to the contrary notwithstanding. This item, having recelved *he majority vote of the Senators elected, is hereby declared restored. House Bil1 3544. Senator Carroll. Last item on the page. Page 8, lines 35 -- do you want to read the bill or not? Read the motion, please.
I move that the item on Page 8, line 35, of House Bi11 3544 be restored. the item reduckion ot the Governor to the contrary 34 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 notwikhstanding. Filed by Senator Carroll.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Carroll.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the twenty million dollars for the Seniors' Circuit Breaker Program. This is to provide those funds necessary to provide the càrcuit breaker grants to our senior eitizens throughout Illinois. The Governor had reduced that funding so that they would not get these qrants. And I believe tbat we have an obligation to the seniors, as we have had before: to provide the funds necessary. These are not cases Where tbe people are not entitled. It's not a question, aqain, of a reduction in program - just a matter of paying our bills to our seniors when they come due. And I would urge a restoration of the twenty million dollars.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discusslon? Senator Etheredge.
Thank you, Mr. President. ' Ladies and Gentlemen of the Senate, -- I rise in opposition to the notion. And I do so with some reluctance, since this was part of the program whieh we did Work hard on last Spring to -- to restore this money back to the figure which we felt was necessary. However, now I'm asking that you vote No on this Motion to Override for many of the same reasons that Were raised earlier on in the debate on House B1ll 3341. I am sugqesting that We maintain for ourselves a -- at least a modicum of budget flexibility. I would like for us to defeat tbis motion, and then see if there is not some Way, after the first of the year, to find the money that Would enable us to make these payments on a tinely basis. At this time: I would ask that you 35 STATE OF ILLINOIS 86th GENEEAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 defeat this motion.
Further dkscussion? Further discussion? Senator Carrolle you wish to close? SENATOR CARROLLI Yes. I think it's a very simple issue. Again, seniors have paid for a long time. This is the Senior Citizens Circuit Breaker Grants. I think We have an obligation to pay them. There seems to be a choice in this line between qiving them the relief they need to pay their taxes or their life-suskalning drugs - kt's a1l park of the same program. This is the Seniors Circuit Breaker Syskem . We have that obligation. The kime is now. The time is to restore. I Would ask for an Aye vote.
All right. The question is, shall the item on Page 8, lines 35, of House Bill 3544 be restored, the item reduction of the Governor to the eontrary notwithstandinq. Those in favor will vote Aye. Opposed, vote Nay. The votinq is open. A11 voted who wish? A1l voted who Wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 31 Ayesr 19 Nays, 3 voting Present. The item on Paçe 8, line 35# of House Bill 3544, havinq received the required majority vote of Senators elected, is declared restored: the item reduction of the Governor to the contrary notwithstanding. Senator Weaver, for what purpose do you seek recognition?
Verification, Mr. Presldent.
That request is certainly in order. All right. The Gentleman has requested a verification. The Gentleman has requested a verification. Will the Members please be in their seats. Madam Secretary, read the affirmatlve roll. 36 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990
The following Members voted in the affirmative: Alexander, Bermanr Brookins, Carroll, Daley, D'Arco, de1 Valle: Demuzio, Dudycz, Thomas Dunn, Hall, Jacobsz Jones, J.E. Joyce, J.J. Joyce, Kelly , Lechowiezy Luft, Marovitz, Netsch, Newhousey O 'Daniel, Raica, Rea, Severns, Smith, Topinka, Vadalabene, Welch, Zito and Mr. President.
Senator Weaver, do you question the presence of any Member?
Senator Jones.
Senator Jones? Senator Jones is on the Ploor.
Senator Welch.
Senator Welch is in the back of the Chamber, Senator Weaver.
Senator Daley.
Senator Daley's in his seat.
Senator Hall. PRESIDENT ROCK ) Senator Hall in the Chamber? Senator Hall's in the back of the Chamber, Senator Weaver. Al1 right. The roll has been verified. On that question, there are 31 Ayese 19 Nays, 3 voting Present. The item on Page 8, line 35, of House Bill 3544, havin: received the required majority vote of Senators elected, is declared restored, Ehe item reduction of the Governor to the contrary notwithstanding. All right. Ladies and Gentlemen, We dre on Page l9. Senator Dudycz, if you 're readyy we will begin on the 37 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislatize Day November 29, 1990 Order of Motions in Writing to Accept the Governor's Specific Recommendations. And wedll go right through that order and through the following Order to Override. On the Order of Motions in Writing: middle of Page 19 Motions in Writing to Accept Specific Recommendations for Change. There's a motion With respect to House Bil1 493. Madam Secretary, read the motion, please.
move to accept the specific recommendations of the Governor as to House Bill 493 in manner and form as follows: Amendment to House Bill 493 in Acceptance of Governor's Recommendations. Filed by Senator Dudycz.
Senator Dudycz.
Thank you, Mr. President. I move to accept the specific recommendations of the Governor to House Bill 493, Which amends the Juvenile Court Act and the Vehicle Code, providing that the Secretary of State shall cancel, not issue or renew, for one year, any driver's lieense or permit to any person who has been either convicted of or adjudicated under the Juvenile Court Act based upon the violatlon of the Cannabis Control Act or the Illinois Controlled Substances Act, while that person was in actual physical control of a motor vehicle. And does exclude those placed on probation as a first offender. The Covernor agrees With the provisions of the bill. He is only recommending several changes needed so that the 1aw can be properly administered. The changes were requested by the Secretary of State's Office. And move we accept the specific recommendations for change.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If noty the question is, shall the 38 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Senate accept the specific reeommendations of the Governor as to House Bill 493, in the manner and form as just stated by Senator Dudycz. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have al1 voted who Wish? Take the reeord. On that question, the Ayes are 56, the Nays are none: none voting Present. The Senate -- the specific recommendations of the Governor as to House Bill 493, havin: received the required majority vote of Senators elected, are declared aecepted. House Bi11 1-0-5-5, Madam Secretary.
I move to accept the specific reeommendations of the Governor as to House Bi11 1055, in manner and form as folloks: Amendmeint to House Bill 1055 in Acceptance of Governor's Recommendations Offered by Senator Macdonald.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald.
Thank you, Mr. Pre:ident. This bill, as you remember, relates to the Adoption Act, and allows some limited access by adoptees, adoptive parents, and guardians, to medical information from biological parents. The Governor's objection Was that part of the bill allows for access to the medical records of all biological relatives of adoptees, if it is shown that the initial biological relatkve souqht is deceased. The Governcr beliêvgs that this change breaches the confidentiality of adoptions, and should be deleted. He also has added the -- another Section which merely says ''with a copy of death certificate, if possible.'' I move for the adoption of this change.
PRESIDING OFFICER: (SEXATOR DEMUZIO) Is there discussion? If not: the questkon is, shall the 39 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29# 1990 Senate accept the specific recommendations of *he Governor as to House Bill 1-0-5-5 in the manner and form as just stated by Senator Macdonald. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have al1 voted Who kish? Take the record. On that question, the Ayes are 56, the Nays are none: none voking Present. The specific recommendations of the Governor as ko House Bill 1-0-5-5, havinq received the required majority vote of Senators elected, are declared accepted. 1268. Madam Secretary, House Bill 1-2-6-8.
I move to accept the speeifie recommendations of khe Governor as to House Bill 1268 in manner and form as follows: Anendment to House Bill 1268 in Aeceptance of Governor's Recommendations Filed by Senator Marovitz.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.
Thank you very Ruch: Mr. President and Members of the Senate. move that we accept the Governor's specifie recommendatlons for change in House Bill 1268. It expands the bill to include sibling visitation When either the sibling seeking visitation or to be visited is in State custody. And while it's -- the Governor mentioned that it's not well-established by the courts that sibling visitation is, in fact, a constitutional right, the State and DCFS recognize the benefits of siblinq visitation in appropriate circumstances, and DCFS should have the statukory ability to obtain the court order for such sibling visitation. DCFS agrees with this. This also involves the grandparent visitation and makes a small change in that, so that grandparents will have the opportunity to petieion for visltation or visitation 40 STATE OF ILLINOTS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 rights unless the marriage is intactr and there's been a joint decision by the parents together: as to visitation. -- I aqree with the Governor's specific recommendationy and ask for -- affirmative vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there diseussion? Senator Welch.
had a question of the sponsor.
PRESIDING OPPICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Welch.
Senator Marovitz: the Governor's Message talks about a eonstitutional right to sibling visitation. Where is that in the Constitution?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.
If -- if you read that, you dll see that the Governor's Message says that there is not a constitutional right to sibling visitatkon.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Welch.
Well, that's -- that's not exactly what he said. He quotes a lawsuit Aristotle versus Johnson, in which a circuit judge -- a district judge skated that there was a constitutional righk. So is there oney or isn't there one?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.
I don't think that there's a clear constitutional right. I don't don't think that it's clear that there is or is not' 41 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legkslative Day November 29, 1990 but the fact is siblin: visitation, where khere is a child in custody of the Department of Children and Family Servicesz has been beneficial to the chlld, and I agree with the -- with the Governor that we ought to allow sibling visitation.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further -- Senator -- Senator Welch.
Senator Marovitz, if the child is in foster care and hels placed apart from a brother or sister, and the foster parents are seeking to adopt that child, is it your -- is it this bill's intent that the foster chlld, who is trying to bond with the new foster parents - soon to be adopted parents - would still have the right to visit his brothers and ststers that he's beinq separated from , and would that riqht cease at the time of adoption, or would it continue after the foster child is adopted by those former foster parents?
PRESIDINC OFFICER: (SZNATOR DEMUZIO) Senator Marovitz.
I think that should be up to the court to determine what is in the best interest of the child and the family situation, after hearing a11 the evidenee.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Weleh.
But what does your bill say about that?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.
Talks about -- in appropriate circumstanees and pursuant to court orders. PRESIDING UPFICERI (SENATOR DEMUZIOJ 42 STATE OF ILLINOIS 86th GENERAL ASSEMBLY RZGULAR SESSION SENATE TRANSCRIPT . 119th Legislative Day November 29: 1990 Senator Welch.
I donft know. It seems to me that what ehe Governor Jid to this bill is -- is raise another issue that We shouldn't have -- shouldn't have raised. The incoming Governor wants to make adoption of chkldren one of hks major inktkatkves. Now there's a question raised because many of those children who are hard to adopt become foster children. If some brother or sister wants to visit with them while tbey're in foster caree we now, by this bill, apparently are giving these other brothers and sisters rights. And if the brothers and sisters are minors. who's going to be representing them? There's going to be some guardian ad litem - some lawyer saying that, lfWell this five-year-old needs to visit his two-year-old brother who's in foster care with some other familyy'' disrupting, it would seem to mey khat family. So it -- by creating a right to visit siblings, and not putting exclusions for foster care, I -- I think this is something that should be cleared up before we get too far down the road with this bill.
PRESIDING OPFICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis.
can -- would the sponsor yield for a question?
PRESIDING OPPICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Geo-Karis.
This bill related, orisinally, did it not, to qrandparents' riqhts of visitation? Al1 right. Have you curtailed some of those rights wkth the Way the amendatory veto is?
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Marovitz.
43 1 ' 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ll9kh Legislative Day November 29, 1990 The amendatory veto does not, in any way, make any change in those rkghts.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Pawell.
Will the sponsor yield for a question?
PRESIDING OFPICER: (SENATOR DEMUZIO) Indicates he will yield. Senator Fawell.
believe what my colleague, Senator Geo-Karis, really wanted to ask was, did the original bill curtail any of the grandparents' rights, and I think the answer is yes. Am I correet? PRESIDING OFFICER; (SENATOR DEMUZIO) Senator Marovitz.
The original bill says that if Mom and Dad are living together and funetioning as an intact family and make a decision about who should visit with their children, and for how long, that that decision governse and not the decision of some court.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not: Senator Marovitz may close.
Thank you very much, Mr. President. In regards to the sibling question, this is what's going on right noW in the Department of Children and Family Services in our State, and child psychologists have determined that in certain eircumstances, this is what's best for the kids and for the siblings. And think in those circumstances where evidence has been introduced and Where the eourts can hear the evidence, that it may be in the best interest of siblings to be able to visit each other. And each circumstance is different. Regardinq the grandparent situation, we went over that clearly. This bill passed overwhelminqly. The Governor made 44 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legkslatkve Day November 29e 1990 no change. In fact, a decision about who should see your kids, and how often, should be made by the parents themselves togetherr if they are an intact family. If theylre not an intact family, then absolutely it -- it should be up to the court to allow grandparents visitation, but if there's an intact functioning family, think it's wrons for a court to come in and tell Mom and Dad together who can see their kids and for hoW lon: they can see their kids. We voted for this overwhelmingly. It passed overwhelminqly. The Governor has made no change in that: and agree with his recommendations on this legislation.
PRESIDINO OFFTCER: (SENATOR DEMUZIO) ' The question is, shall the Senate accept *he specific recommendations as to the Governor -- of the Governor as to House Bill 1-2-6-8, in the manner and form as just stated by Senator Marovitz. Those in favor will vote Aye. Those opposed, Nay . The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. That question, the Ayes are 5l, the Nays are 2, 3 voting Present. The specific recommendations of the Governor as to Rouse Bkll 1-2-6-8, havknq received the required majority vote of Senators elected, are declared accepted. House Bill 2700, Madam Seeretary.
move to aecept the specific recommendations of the Governor as to House Bill 2700 in manner and form as follows: Amendment to House Bill 2700 in Aeceptance of Governor's Recommendations. Filed by Senator O 'Daniel.
TRESIDINC OFFICER: (SENATOR DEMZZIO) Senator OfDaniel.
Thank youg Mr. President, Members of the Senate. I move to accept the specific recommendations of the Governor to House Bill 45 STATE 0P ILLINOIS 86*h GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 2700. It -- it merely corrects a drafting area -- error -- that protects the frogs and the turtles.
PRCSIDINC OPFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 2700 in the manner and form as just stated by Senator O'Daniel. Those in favor Will vote Aye. Those opposed, Nay . The votin: is open. Have a1l voted Who wish? Have a11 voted who wish? Have al1 voted Who Wish? Have a1l voted who Wish? Senator Netschz we okay now? Take the record. On that question, the Ayes are 57, the Nays are none, none -- none voting Present. The specific recommendations of the Governor as to House Bill 2700, having received the required majority vote of Senators electedw are declared accepted. 3058. Senator Collins. 33 -- 3136. Senator watson. House Bill 3-1-3-6, Madam Seeretary.
I move to accept the speeific recommendations of the Governor as to House Bill 3136 in manner and form as followsk Amendment to House Bill 3136 in Acceptance of Governor's Recommendations. Filed by Senator Wakson.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.
Yes. Thank you, Mr. President. do move to accept the Governor's changes on House Bill 3136. This particular piece of legislation amended the Southwestern Illinois Development Authority Act. The bill - the Authority currently is authorized to issue debt for purposes of promo*ing economic development in Madison and St. Clatr County . This particular bill extends that authori*y to units of local qovernment projecks. That also changes the time limits on which the Chairman's report to the 46 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislatkve Day November 29, 1990 Governor on the lack of dollars to pay the debt on service bonds. It eliminates certain bond requirements and extends khe Authorityds quick-take powers for an additional tWo years. And it also allows the Authority to sell bonds for bridge projects in the same manner as it would for any other project. Tbe bkll also grants the City of Morris some quick-take powers for the development of an airport. The Governor's objection occurred when the Authority has to issue more obligation bonds for units of local government. His concern was that that Was mandatory. He changed that to optional. I move to accept. PRESIDING OFFICER; (SENATOR DEMDZIO) Is there discussion? not, the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 3-1-3-6 in the manner and form as just stated by Senator Watson. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. The specific recommendations of the Governor as to House Bill 3-1-3-6, having received the required majority vote of Senators elected, are declared accepted. House Bill 3152, Madam Secretary, please.
I move to accept the specific recommendations of the Governor as ko House Bi11 3152 in manner and form as folloWs: Amendaent to House Bill 3152 in Acceptance of Governor's Recommendations. Filed by Senator Jaeobs.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jacobs.
Thank youz Mr. President: Ladies and Gentlemen of the Senate. 47 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29p 1990 I just ask for an Aye vote. What the Governor did Was limit the Graphic Art -- Arts Sales Tax Exemption to enterprise zones to those that are -- are approved by Department of Commerce and Community Affairs. We look to come back next Spring and to make that change in separate legislation. So# I accept the amendatory veto.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question ise shall the Senate accept the specific recommendations of the Governor as to House Bill 3152 in the manner and form just stated by Senator Jacobs. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 56z the Nays are noney none voting Present. The specific recommendations of the Governor as to House Bill 3152, having received the required majority voke of Senators elected, are declared accepted. House Bill 3164, Madam Secretary.
I move to accept the speeific recommendations of the Governor as to House Bill 3164 in manner and form as follows: Amendment to House Bill 3164 in Acceptance of Governor's Recommendations. Filed by Senator Netsch.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Netsch.
Thank -- thank you, Mr. President. The bill, as orlginally passed, included a number of very important provisions having to do with the Public Aid Code - the winter clothing allowance, the provision khat requires the -- or the requirement to provide glasses and other necessary items to people who are in employment training programs and other matters. The kwo provisions - and it 48 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 also included, by the way, the presumptive eligibility requirement for those who are pregnant to go on publlc assistance the two provisions that the Governor chose to use his amendatoty veto to make changes tos involved, first of all, the -- that Section khich required the Department of Corrections to enter into contracts With the Department of Public Aid, to make possible for people kho are being released from prison to go immediately on to assistance where there is assistance that -- that is to be available to them. The Goveznor's suggestion was that the Department cannot guarantee that the recipient actually quote ''receive the assistance,'' but can be required to assure that the assistance be available. And that Was the change. That is perfectly acceptable. The second change had to do with a provision that many of us are very, very much interested in# and khak is the spousal impoverishment provision. The Governor made no change at a11 in the continued and statutory requirement that We meet the maximum federal provisions for eligibility. That is one of the things that We very much wanted to accomplish. The Governor, howevers did suggest that the provision requiring that every person in a nursing home who might have a spouse ultimately eligible be notified and given a great deal of information. The Governor's point was that that was costly, from approximately 1.9 million dollarsy and there Was no appropriation. We Would like to have that done, but his suggestion is, under the circumstances, acceptable. And I would therefore move that we do indeed accept the Governor's proposed recommendations. They do not, in any way, substantively alter the basie thrust of a1l of the provisions of the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there dlscussion? Senator Welch.
I had a question of the sponsor. 49 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Leqislative Day November 29, 1990 PRESIDING OFFICER: (SENATOR DEMUZIOJ Indicates she will yield, Senator Welch.
Senator Netschr does this bill grant prison releasees any more public assistance than that to which they've always been entitled?
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Netsch.
The answer às no.
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch.
Is the purpose of the expeditious processing of public assistance red tape to give these people a means of supporting themselves and their families outside of prison?
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Netsch.
Thank you. The answer is yes. And bear in mind that in most cases We are talking about Women who will be released from prison and have children Who are really the ones who would otherwise suffer. So that the idea is to be to 1et the childreny as well as the person bekng released, to go on already entitled public assistance, and not become a charge again, or not be led back into what got them in prison in the firsk place again, which would be even more serious.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Welch.
So, basically, the bill would be anti-crime, because it keeps people from committing ctimes when they have no money as soon as they :et out of prison. Is thaE riqht? 50 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29# 1990 ! PRESIDING OFFICER: (SENATOR DEMUZIO) E i Senator Netsch. E E :
I think that is a very fair characterization of it, yes.
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Welch .
How many released persons does this affect monthly , and what percentage of those are women or heads of bouseholds?
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Netsch.
My understandin: is that, on a monthly basis, about fifteen.
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Welch.
Did the Governorls Veto change any of the intent of the bill?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.
No. When -- I made Ehat statement very strongly at the close of my remarks: Senator Welch, because I think that's very important, both for the integrity of the legislative process, as well as for the substance of Ehis bill. In no way is the basic thrust of any one of the provisions changed. They are What I wouldcalladministrativesuqgestionsformaklngit work better. 1 I I And that: I think' is an acceptable use of the the amendatory 1 1 veto, unllke many others. ( I PRESIDINGOFFICER: (SENATOR DEMUZIO) 1 t senator Welch. I SENATOR WELCHt 1 I Well. then basically the Governor's -- : 51 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119Eh Leqislakive Day November 29s 1990 i PRESIDING OFFICER: (SENATOR DEMUZIO) i I Pardon me. Can we have some order, please? I caanot hear the ! speakers. Senator Welch. SENATOR WELCH) So basicallye the Governor supports the idea behind this bill?
PRBGIDING OFFICER: (SENATOR DEMUZIO) Senator Netsch.
Yes. That is correct.
PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Welch.
I think thae's kind of curiousz because in the lask election, the Republicans over there sent out a mailing throuqhout my district that says, f'Thanks to Senator Pat Welch, convicEed felons no longer have to wait for welfare checks. Incredible but true. No lines. No hassle. Jusk the check. Regardless of their crimesr Senator Pat Welch helped make the legal right of every inmate to go directly to the front of the welfare line, which is Why more and more Illinois eonvicts are saying 'Just give me my check.' Welfare for convicted felons with no waitingo'' Now, this is What the Republicans put out, even tbough the Governor apparently agrees with the bill. Now on the back it says. ''Senator Pat Welch thinks convicted felons should be first in line to qet their welfare checks. What do you think?'' And it shows a copy of House Bill 3164. And this -- this is the piece of literature you guys sent out, by t*e way. You probably don't know about itr but this is what your party was sending throughout the district. And it's rather curious that a11 of this comes back now, and the Governor ackually supports this idea. But the Republican -- the State Republiean -- State Central Committee mailed this out. All of you folks are sending this out throughout 52 STATE 0F ILLINO ! 86th GENEQAL ASSEI MS BLX l ' RECULAR SESSION SENATE TRANSCRIPT 119th Leqislative Day November 29 1998 : my district, saytng how we're helping convicts. I think this is a sorry way to campaign. And Ijm glad to see the bill is back* I before us# so we can finally get some answers to a1l of the false I information that's been sent out throughout northern Illinois. Thank you. PRESIDING OPFICER: (SENATOR DENUZIO) ' Further discussion? Further discussion? Seeing no lights on I the other side, senator Netsch, you may close. SENATOR NETSCH: Thank you, Mr. President. Just a quick point. I -- I'm not qoin: to re-fiqht the campaign, but obviously that was a very unfair characterization. And I hope you suggested to whoever distributed that, Senator Welch, that they look at the Code of Pair Campaiqn Practices that khis Senate passed last year as well. Let me say that khe Governor has some good company in supportin: this bill from khe other side of the aisle. I see on the roll call on the original bill, among others, Senator Kustray Senator Keats, Senator Dudycz: who is standing right here, and okNers. I think it was recognized from the beginning that there was a 1ot of very strong substanee in the bill. The Governor's changes really are just administrative type changes. They are perfectly appropriate. I hope that we accept them. PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall the Senate -- Senator Philip. Question is -- all right. Senator Davidsony the Lady had closed. Senator Davidson. SENATOR DAVIDSON: Just a little personal privilege, since one of the Genklemen on that side of the aisle remarked about campaign lieerature. They sure as heck didn't call you a baby killer. When you really want to get down to some really tough dirty campaign. 1'11 show you some thatdll make you even blanch. Thank you. sa 1 E b STATE OF ILLINOIS I 86th GENERAL RGSEMBLX RECULAR SESSION SENATE TRANSCRIPT I19tb Legislative Day November 29, 1990
PRESIDING OFFICER: (SENATOR DEMUZIO) Well. Senator Netsche do you wtsh to re-close? Question is# shall the Senate accept the speeific recommendations of the Governor as to House B:ll 3164 in the manner and form as just stated by Senator Netsch. Those in favor will vote Ayea Those opposed: Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted who Wish? Have a1l voted Who wish? Take the record. On that question, the Ayes are 28y the Nays are 27# 1 votin: Present. Tbe motion fails. Page 20. House Bi1l 3261: Madam Secretary.
I move to accept the specific recommendations of the Governor as to House Bill 3261 in manner and form as follows: Amendment to House Bi11 3261 în Aeceptance of Governor's Recommendations. Piled by Senator Jonesx
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Jones.
Yeah. Thank you: Mr. President and Members of khe Senate. I move to accept the Governor's recommendations for ahanqe. The bill in its orkginal form allowed Fairmont to have a third OTB parlor. It allowed downstate park districks with new OTB parlors to receive horse racinq tax allocation funds. It diverted l.7 million dollars from the horse racinq revenue from GRF to specific projeeks. And it limited the powers of the executive director. Tha Governorz in his amendatory vetoy merely changed the date for that dcwnstate park dkstrict from l/1/9Q to 2/1/92, at which time it has to be operable. It also deleted the diversion of the funds from the General Revenue Fund to the Rural Diversification Fund, Ag Premium Fund and also Brookfield Zoo and Urban Education. And khose provisions as relate to the executive director of the Racinq :4 1 I E : ...... O STATE OP ILLINOIS 86*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT E 119th Legislative Day November 29z 1990 i : ; Board, which -- so it restricted the -- that personls operation. : i The Governor deleked a1l of that language. And, therefore i , I ! don't know of no opposition. I move to accept the recommendations for change.
PRESIDING OPFICER: (SENATOR DEMUZIO) Is there discussion? If noty the question is, shall the Senate adopt the specific recommendations of the Governor as to House Bill 3261 in khe manner and form as just stated by Senator Jones. Those in favor Will vote Aye. Those opposedg Nay. The voein: is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On ehat question, the Ayes are 55, the Nays are none: none votin: Present. The specific recommendations of the Governor as Eo House Bill 3261, having received the required majority voke of Senakors electedz are declared aecepted. House Bill 3337. Senator Marovitz. Madam Secretary, please read the bill.
I move to aecept the specific recommendations of the Governor as to House Bill 3337 in manner and form as follows: Amendment to House Bi11 3337 in Aceeptance on Governor's Reeommendations. Filed by Senator Marovitz.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Marovitz.
Thank you very much, Mr. PresidenE and Members of the Senate. The Governor made a minor, and I think reasonable, change in the bill. He changed the effective date for the Drug-Free Workplace Act from 1/1/91 to 1/1/92. I think itfs reasonable to give State agencies time to :et into compliance. The House passed this l08 to nothing. And I would solicit your Aye vote to accept the Governor's specific change. ! 55 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29: 1990
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall the Senake accept the specific recommendations of the Governor as to House Bill 3337 in the manner and form as jusk stated by Senator Marovitz. Those in favor will vote Aye. Those opposedy Nay. Voting -- the votlnq is open. Have al1 voted Who wish? Have a1l voted who wish? Take the record. On that queskion, the Ayes are 56# khe Nays are none, none voting ?resent. The specific recommendations of the Governor as to House Bill 3337, having received the required majority vote of Senators electedg are declared accepted. House Bill 3356: Madam Secretary.
I move to accept the specific recommendations of khe Governor as to House Bill 3356 in manner and form as follows: Amendment to House Bill 3356 in Aceeptance of Governor's Recommendations. Filed by Senator Friedland.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Friedland.
Thank you, Mr. President, Ladkes and Gentlemen of the Senate. I move to accept the specific reeommendations of the Governor. He removed an objectionable provision to this bill, and now it's in good shape and Would permik counties to regulate vicious dogs in accordance With the Animal Control Act. Thank you.
PRESIDING OPPICER: (SENATOR DEMUZIO) Is there discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 3356 in the manner and form as just stated by Senator Priedland. Those in favor Will vote Aye. Those opposed, Nay. The voting às open. Have al1 voted Who wish? Have all voted who wish? Take the record. On that question, the Ayes are 56# the 56 STATE OF ILLINOIS 86th GENERAL ASSEMBLM REGULAR SESSION SENATE TRANSCRIPT 119th Leqislative Day November 29, 1990 i E Nays are none, none voting Present. The specific recommendations i of the Governor as to House Bill 3356, havinq received the required majority vote of Senators elected, are deelared accepted. House Bill 3562, Madam Secretary.
I move to accept the specific recommendations of the Governor as to House Bill 3562 in manner and form as follows: Amendment to House Bill 3562 in Aaceptance of Governor's Recommendations. Piled by Senator Jones.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Jones.
Yeah. Thank you, Mr. Presidenty Members of the Senate. I move to accept the Governor's specific recommendations for change. What the Governor did in this bill is made a distinction between high-risk and low-risk patients and -- and krauma patients. It leaves intact the portion that is related to hospitals to provide day-care services for sick children. And I know of no other opposition or any changes. And I ask for a favorable vote. PRESIDING OFFICERI (SENATOR DEMUZIOI Is there discussion? If not, the questkon is, shall the Senate accept the specific recommendations of the Governor as to House Bt11 3562 in the manner and form as just stated by Senator Jones. Those in favor Will vote Aye. Those opposed, Nay. The vokin: is open. Have a1l voted who wish? Have a1l voted who wksh? Eave a11 vote; Who wish? Take the record. 0n. that I l I question, the Ayes are 57, the Nays are none, none votin: Present ! . i The specific recommendations of the Governor as to House Bill I ! 3562, having received the required majority vote of Senators I j elected, are declared accepted. House Bill 3613, Madam Secretary. ! ! sBcRsThRy HAWKER I : $ 1 ! l STATE 0P ILLINOIS : 86th GcuaRhs AssEMscy 1 l Rscusau sssslox 1 ssxATs TRaxscalpT 119th Legislative Day November 29, 1990 I move to aceept khe speeifie recommendakions of the Governor as to House Bill 3613 in manner and form as follows: Amendment to House Bill 3613 in Acceptance of Governor's Recommendations. By Senator Severns. PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Severns. ssxAvoa sEv:RNs: Thank you, Mr. Presidenty Members of the Senate. The Governor's recommendations skmply linits the exemptions to those persons who purchase homes in the Home Ownership Program . I know of no opposition: and would appreciate a favorable vote. PRESIDING OFFICER: (SENATOR DEMUZIO) ' Is there discussion? If not, the queskion isy shall the Senate accept the specific reeommendations to the Governor as to House Bill 3613 in the manner and form as just staked by Senator Severns. If not/ those in favor wil1 indicate by saying Aye. Those opposed -- will vote Aye Ksic>. The votkng is open. Have al1 voted who wish? Have a1l voted who wisb? Have a11 voted who wish? Take the record. On that question, the Ayes are 57' the Nays are none, noae vokkng Present. The specific recommendations of the Governor as to House Bill 3613, having received the required majority vote of Senators elected, are declared accepted. House Bi11 3755, Madam Secretary. SECRETARY HAWKER: I move to accept the specific recommendations of the Governor as ko House Bill 3755 in manner and form as followsl Amendment to House Bill 3755 in Acceptance of Governor's Recommendations. Piled by senator Berman. PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Berman. 58 ! I i Z l ! . STATE OF ILLINOIS . 86th GENERAL ASSEMBLY REGDLAR SESSIBN SENATE TRANSCRIPT i i 119th Legislative Day November 29z 1990 SENATOR BERMAN: Thank you, Mr. President. The Governor has clarified House Bill 3755. The bill originally provided for supplemental Medicakd payments to nursing homes and immediate care facilities which are rabbinically approved and provide for kosher facilities in food service . The clarificatkon spells out the requirements for certification and puts a cap of no more than fifty cents per resident per day on the payment. I move that we accept the Governor's amendatory veto. PRESIDING OFPICER: (SENATOR DEMUZIO) Discussion? If not, the question ls, shall the Senate aecept the specific recommendations of the Governor as to House Bill 3755 in the manner and form as just stated by Senator Berman. Those kn favor will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voeed kho wish? Have al1 voted who wïsh? Take the record. On that question: the Ayes are 56y the Nays are none. none voting Present. The specific recommendations of the Governor as to House Bill 3755, having received the required majority vote of Senators elected, are deelared accepted. House Bill 4159, Madam Secretary. SECRETARY HAWKER: I move to accept the speclfic recommendations of the Governor as to House B#11 4155 <sic> in nanner and form as follows: Amendment to House Bill 4159 in Aceeptance of Governor's Recommendations. Piled by Senator DeAngelis. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator DeAngelis. SENATOR DeANCELIS: Thank you , Mr. President. The -- 1 move that We accept the amendatory veto. And basically What it does is it changes the effective date to cotncide with some needs to chanqe the paperWork i ! 59 E STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legkslative Day November 29: 1990 in order to ge* this done.
PRESIDING OFFICER: (SENATOR DEMDZIO) Is there discussion? If not, the question isr shall the Senate accept the specifkc recommendations of the Governor as to House Bill 4159 in the manner and form as just staked by Senator DeAnqelts. Those in favor Will vote Aye. Those opposedr Nay. ïhe voting is open. Have al1 voted Who Wish? Have a11 voted Who Wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 56z the Nays are none, none voting Present. The specific recommendations of the Governor as to House Bill 4159, having reeeived the required majority vote of Senators elected, are declared accepted. Motions in Writing to Override Specific Recommendations is House Bill 1-2-2-0. Senator Welch, you ready to go? House Bill 1-2-2-0, Madam Secretary.
move that House Bkl1 1-2-2-0 do pass, the speakfic recommendations of the Covernor to the contrary notwithstanding. Pkled by Senator Watson.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson.
Well, thank you, Mr. President. I've got the next motion, but this probably ought to read Watson-Welch. PRESIDING OFFICER) (SENATOR DEMUZIO) Pardon me.
Pardon ne. My motlons were out of order.
PRESIDING OFPICER: (SEXATOR DZMUZIO) Senator Watson, I don't think wefre qulte khat far along yet - the hyphenated co-sponsors. think the Secretary read in the wrong motions. So, with leave of the Body, we will take thak out of the record. And Madam Secretary, you may read the proper 60 J STATB OF ILLINOTS 86th GENERAL ASSEMBLY I REGOLAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 mokion. SECRETARY HAWKER: I move that House Bill 1220 do pass, the specific recommendations of the Governor to the contrary notwithstanding. Filed by Senator Welch. PRESIDING OFFICER: (SENATOR DEMUZIO) Senakor Welch. SENATOR WCLCH: Thank you, Mr. President. This blll is a bill that takes money from a separate fund - from the General Revenue Fund - the Consolidation Grant Pund - and distributes kt to three schools who proceeded to consolidake schools in their district. The three schools are in *he areas of Ashland, Rinmundy and Streator. Thatls why Senator Watson rose. 0ne of the schools is in his district. Tbe total cost is seven hundred ninety-two dollars -- seven hundred nànety-two thousand dollars each year for a period of three years. The money is already in khe -- in the fund. It's not a General Revenue appropriation. This is money that, I believe? is -- is an encouragement to schools to consolidate - something the State has pushed as a goal. And I would urge that we not aeeept the Governor's override <:ic>. PRESIDING OFFICER: (SENATOR DEMUZIO) Is khere discussion? Senator Watson. SENATOR WATSON: Yes. Thank you. I also rkse in support of Senator Welch's motion. The situation that bas occurred here, at least in my district, is the -- the legislation took effect July firstr and my particular school district consolidated in May. So We just missed the deadline by about five Weeks. And I think the other districts are something eomparable. In my particular area, khe Kinmundy-Alma distriet and the Parina-La Grove district consolidated into one particular district called South Central. 61 1 j l STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29e 1990 So it's a piece of legislation that's important to those districts that are wishing to consolidate and those who havee and unfortunately missed that deadline.
PRESIDING OFFICER: (SENATOR DEMUZIO) All riqht. Purther discussion. Senator Senator Davidson.
Questàon of the sponsor.
PRESIDING OFFICER: (SENATOR DEMUZIO) lndicates he Wil1 ykeld. Senator Davidson.
Senator Welchr I had some calls -- had no problem What you and Senator Watson are trying to do, but I had some calls in relation to -- there's supposed to be something in here about changing mandate for increasing aid to certain school districts in the next fiscal year, et cetera. There's a school district Which apparently is, in all essence, should be done away wikh and merge with other schools. 3ut there's some actual funding or extra aid included in this bill for that district. Is that true or not?
PRESIDING OFPICER: (SENATOR DEMUZIU) Senator Welch.
That's -- youdre right, Senakor Davidson. The provision that you're talking about affects any school districts whose 1988 equalized assessed valuation is fifty-five percent or less of the 1981 EAV. The funding affects eighk different schools. I donlt have a list of Which eight schools it does. but -- I don't -- let's see if I have a fiqure on that. Yesz it does affect eight dlfferent schoolsz Senakor.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson.
You said eight different schools. Does khis do a special 62 STATE oe ILLINOIS 86:h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ll9tb Legislakive Day November 29, 1990 I mandate for additional funding for these eight districts? That kasn 't quite clear to me. PRESIDINC OFPICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH : The -- the proposal does increase aid for these eight schools because of a drop in their equalized assessed valuationy basically. It 's -- it's a catch-up proposal. PRCSIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson. SENATOR DAVIDSON: Well, I underskand that, but every school district, or to my knowledge, at least every rural school district, has had a drop in their assessed valuation, due to the farmland assessment going down. Is this mandate somethin: for other school diskricts, or just these eight? And would you be kind enough to -- ko enumerate khe eighk districts for us, please? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH: senatore I don't have that list in front of me. If you'd like, 1:11 take it out of the record if it's -- if ie's that important to you, 'cause I don't have the figures here. Well, maybe Senator Watson has it. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Davidson. SENATOR DAVIDSOS: Well, I'm not so much concerned about the etght districts, per se. What I'm eoncerned about is if by this we're mandaking some special additional funding for districts that by -- at least some of the constituents in that distriet think they should be merged with another district so that children have an opportunity for 63 I I I . 86S tT hAT GENE 0F RAI LLA LS IN SE OI MS BLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 quality educakion. And, secondly, if We're going to be doing something for eight districts who have a drop in assessed valuation, most of us who have rural areas in their districk have had a drop in assessed valuation within their school districts. And I want to know if this is going to benefik them, or just these eight districts only. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH: It was just the eight. Senator Davidson. It's based on the particular calculations between 1981 and 1988 -- the drop in assessed valuation to fifty-five percent of what it was in 1981. So it's a specific limitation to those areas because of an excessive equalized assessed valuation change. PRESIDING OFFICER: (SENATOR DEMUZIO) Purtber discussion? Senator Donahue. SENATOR DONAHUE: Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in support of this motion for the particular part about the three school Gistrkcts that have consolkdated. One of my area schools is involved in this: and they had decided and chosen to consolidate by the date that had already been established, buk they got caught in the fact that it didn't become effective until after the date. And I think tbat it's only fair that they should receive these dollars. And I would add one more point - that these dollars are already in the fund. They are already available. Wefre no* taking money away from anyone else. Thank you. PRCSIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Hall. SENATOR HALL: Well, I tbink we ought to know what these eight districts are. 64 1 I - - - - - - - - .- - - - - . . I I. . I STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Now I mean thak -- you know you vote for things around here -- and can't -- canft you find out before we vote on Ehat, Senator Welch? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Weleh. SENATOR HALL: I need to knoW... PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch. A11 riqht. Senator -- Senator Hall. SENATOR HALL) You're saying that there are eight school districts. Where are these school districts? 1 Want to know that. PRESIDING OFPICERI (SENATOR DEMUZIO) Senator Welch. SENATOR WELCH: Well, 1et me read the list off to youz Senator. Tower Hill Consolidated School, Tower Hill Community High School, Astoria, Pricbard Clark School -- Consolidated School, Lewistown Elementary School, Lewistown Community High School, Plymouth Consolidated School District, Community Consolàdated School District 211: Sunbury Community Consolidated School Districte Odell Community consolidated School District: Zell - R-e-1-1 - Community Consolidated School Dàstrict, Balyki Communiky Unit School Districk. Those are the schools. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Hall. SENATOR HALL: Well, I just wanted to be sure. We should know what Wedre zoting on, and that's the reason why I would lkke to know. None of them are downstatey right? Al1 right. Okay. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not: Senator Welch may close. SENATOR WELCH: i ,, j 1 1 I I l i gehT: op ILLlxols ! 86th GENERAL ASSEMBLY REGrLAR sEssloN SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 I would just say that the poney is in a separake account of the State. It's already appropriated. It's sitting there waiting for consolidation purposes. I would urge an Aye vote ko override the Governor's specific veto.
PRESIDING OPPICER: (SENATOR DEMUZIO) Question is, shall House Bill 1-2-2-G pass, the specifkc recommendations of the Governor to the contrary notwithstandinq. Those in favor will vote Aye. Those opposed, Nay. Tbe voting is opena Have all voted *ho wish? Have al1 voted who wish? Senator Luft. Have all voted who wishz Take the record. On that question, khe Ayes are 37, the Nays are 18, l voting Present. The -- House 3i11 1-2-2-0, havln: received the required three-fifths voke, is declared passed, the specific recommendations of the Governor to the contrary notwikhstanding. 3146. Senator Rea. House Bill 3-1-4-6, Madam Secretary. SECRETARY HAWKER) I move that House Bill 3146 do pass, the specific recommendations of the Covernor to the contrary nokwithstanding. Filed by Senator Rea.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.
Thank you, Mr. President. This is simply authorizing legislation that provides for three school districts that were overassessed -- the possibilkty of provkdkn: supplementary State aid payment to those districts. And I would ask for an Aye vote.
PRESIDING OPPICER: (SENATOR DEMDZIO) Discussion? Senator Maitland.
Thank you, Mr. President. A question of the sponsor. And, senator Rea, I -- I'm sorry I was not on my toes When you first started speaking. It's -- it's -- itfs my understanding this is 66 STATE OF ILLINOIS 86th GENZRAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 the substantive language whieh would authorize the paymenk . language that was defeated earlàer. Do you plan to -- do you plan to seek movement of that once again? PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Rea. ' SENATOR REA: This is the authorization that you Were speaking of. And this ls What we -- would be necessary. And I am planning on seeking some source of -- of funding for it, yes. PRESIDING OFFICER: (SENATOR DEMUZIO) l Senator Maitland. Eurther discussion? If not, Senator Rea may close. SENATOR REA: I would ask for an Aye vote. PRESIDING OPPICER: (SENATOR DEMUZIO) Question is, shall House Bill 3146 pass, the specific recommendakions of the Governor to the contrary nokwithstanding. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have all voted Who wish? Have all voted who wish? Have a11 voted Who Wish? Take the record. On that question, the Ayes are 28, the Nays are 22e none votin: Present. The bill, having failed to receive the required three-fifths vote, is declared -- the motion is declared lost. House Bill 3183, Madam Secretary. SECRETARV HAWKER: I move that House Bill 3193 do pass, the specific recommendations of tbe Governor to the contrary notwikhstandinq . Piled by Senators Topinka and Severns. PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Topinka . SENATOR TOPINKA : Mr. -- Mr. President, sir -- Mr. President, slr -- Mr. I 67 STATE 0r ILLINOIS l 86th GENERAL ASSEMBLY I REGULAR SESSION l SENATE TRANSCRIPT I I I 119th Legislative Day November 29: 1990 1 President, sir -- as a matter of protocol, sLnce this îs Senator Welch's bill, and he has also filed a motion, he gets kind of first crack at it. So if he wishes to pursue this motion - it's the same motion that I have I am more khan willing to yield. If he does not, then I wish to be reeognized to do so.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.
Mr. Presidenk, Ilve spoken With several people from the neW administration who have indlcated to me that they have an inkerest in a neWspaper recycling bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) No . Just -- Senator Weleh.
So I would not be ealling my amendment -- my motion. I would ask to withdraw it.
PRESIDING OFFICER: (SENATOR DEMUZIO) Well, we'll do it when we get there. Senator Topinka, I think the Gentleman has asked his question. The motion has been read into the record. Senator Topinka is recognized on the motion.
Mr. President, Ladies and Gentlemen of the Senate: this is the newspaper recycling bill. Basically What we're askkn: for is is an override of the Governor's veto. I think that all of us have heardz at some point or anokher here, from most of our newspapers. They have been very, very cooperative in negotiatlng the original bill in its origlnal form. It passed out of khis Chamber with no opposition. The Governor saw fit to up the ante ln terms of the goals for recycling. NoW although these are noble qoals, and the newspaper industry indeed wishes to achieve those goalsr at present there is not enouqh availability of newsprint ko be able to achieve those goals. And it becomes very impractiaal 68 I I ! STATEGPILLINOIS 1 86th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT ll9tb Legislative Day November 29, 1990 and does not allow for them to 'do so. As a resultr and especially our smaller newspapers are very adversely affected. It just does not fly. So I would ask that We override the Governor's veto on this and bring the bill back to its original form. PRESIDINC OPPICER: (SENATOR DEMUZIO) All right. Is there discussion? Before we -- before *e do that, the Chair would like to recognize the presence on khe Ploor of the Attorney General of the State of Illinois: the Honorable Neil Hartigan. Neil Hartigan. A11 right. Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President, Ladies and Gentlemen of the Senate, I support Senator Topinka's notion because this -- I think Welre just creatin: a travesty in the smaller newspapers. We don't wank to put them out of business, 'cause this recyclinq situation isn't up to par yet. And I certainly support her motion. PRESIDING OPPICER: (SENATOR DEMUZIO) Further discussion? Senator Welch. SENATOR WELCH: Yes, Mr. President. I -- I would just like to say that the statement by Senator Topinka is that there's not enouqh newspapers avallable to recycle. Anyone Who has -- had anything to do with trying to recycle their own newspapers knows that there's a glut of newspapers on the market. ïou can't get people to take the damn thkngs away. To say that there's no* enough newspapers to recycle, to -- to come up With new recycled newsprint I think is a red berring. It's not true. The problem is that most of the recycling *hat's being done for the major newspapers, such as khe Chicago Tribune, is up in Quebecy Canada. Well, that's fine kf you live in Quebec. Xou can have your newspapers recycled and turned into newsprint down here in Illinois. In *he meantime, approximately two percent of the -- of the landfill capacity is being utilized with Sunday neWspapers. The bill itself started 69 ! I I . STATE OF ILLINOIS ; 86th GENERAL ASSEMBLX ) REGULAR SESSION ' SENATE TRANSCRIPT : 119th Legislative Day N l ovember 29, 1990 I out to be a good idea. The Governor improved it by setting goals thak are very attainable, very reachable. The Illinois Press Association decided they Would fight those. Why? Because they wank a bill on the books khatls, I believe, already being met. The quotas in this bill of twenty-tko percent in 1991: twenEy-five kn .92, tweaty-eight in '93 - certatnly theyfre attainablee because they're already attained. So the bill itself, I think, could have been improved. The Governor did improvement. And we probably will have to come back next year to fix it up. But in the meantime, I didn't want to be the chief sponsor of the motion to call lt up, because I think that we can do better than this. And I hope we Will next year. PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Further diseussion? Senator Macdonald. SENATOR MACDONALD: Thank you, Mr. President. When this bill came before committee, and also When it passed out of this House, ik passed with an overwhelming majority. We worked at -- at -- at lengths with the newspaper industry. And that's exactly what it is. It is this industry that is going to be impacted by these exkraordinary, majority percentages ot recycling that will directly affect them. And 1 think Senator Topinka's absolutely right. I think that these goals are are are not attainable in the immediate future and by the time the dates are set. And I would hope that you would vote with Senator Topinka to override this motion. Thank you. PRESIDING OPFICER: (SENATOR DEMPZIO) All right. Purther discussion? Senator Marovitz. Senator Severns. SENATOR SEVERNS: Thank you, Mr. President: Members of the Senate. I also rise in stronq support of the motlon filed by Senator Topinka. This 70 k STATE 0F ILLINOIS 86tREGULAR h GENERAL ASSEMBLY SESSION j I SENATE TRANSCRIPT I 119th Legislative Day November 29, 1990 was an excellent compromise in June. It remains an excellent eompromise in November. I would urge a favorable vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Senator Rock.
Thank you, Mr. President, Ladies and Gentlemen of the Senate . I too ris: in strong support of khe motion to override the Governorfs recommended changes. And I am surprisede having been visited as We always are with noncomplianee: that this Was not beld in noncompliance. The Governor took what was a Workable compromise and literally added something to it that everybody in both Chambers knew Would never passe had it been in it in the first place. I khink this is an abuse of the Gubernatorial power, and should be overridden by al1 of us unanimously.
PRESIDING OPFICER: (SENATOR DEMUZIO) Purther disaussion? If not, Senator Topinka may close.
I khought President Rock's flnale Was more than adequate.
PRESIDING OPFICER: (SENATOR DEMUZIO) Question is, shall House Bï1l 3183 pass, the specicic recommendations of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted Who wish? Have a11 voted Who Wish? Have a11 voted who wisb? Take the record. On that question, the Ayes are 57. the Nays are none: none votkng Present. Senate Ksic> Bill 3183, having received the required three-fifths vote, is declared passed, the specific recommendations of the Governor to the contrary nokwithstanding. 3585. Senator Rea. Madam Secretary, House Bill 3-5-8-5.
I move that House Bi11 3585 do pass, the specific recomnendakions of the Governor to the eontrary notwithstanding. 71 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 119th Leqislative Day November 29, 1990 Filed by Senakor Rea.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rea.
Thank you, Mr. President. This amends the Illinois Coal Technology Development Assistance Act and increases *he Coal Technoloqy Development Assistance bond funding. It raised the percentage of revenues from the public utilities tax into the Coal Technoloqy Development Assistanee. And this comes at time when *e have the federal air quality leqislation that ks going to have a serious effect upon the coal industry in the State. It's going to have a serious effect upon the jobs. And we do have a period of time to -- we have a breather period. And we do need ko expedite our coal research and development as rapidly as we can to find the technology that is economically feasible to go commercially. So would certainly ask for your Aye vote on this important piece of economic development legislation.
PRESIDING OFFICER: (SENATOR DEMUZTO) Discussion? Senator Ralph Dunn.
Thank you: Mr. President. I agree With œhat Senator Rea says. This is the Coal Development Board -- a Citizens Utility Board bill that was brought up, and it would not be Ceneral Revenue Pund. It would be money from the utility tax. I'd urge an Aye vote. We dre having a lot of trouble in the coal industry, and this would qlve us a better opportunity in years to come. So I urge for an Aye vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator FaWell.
Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DEMUZIO) 72 STATE OF TLLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Sponsor sponsor indicates he kill yield. Senator Fawell.
Could you -- could you tell me approximately how nuch this is going to cost if we override the Governor's veto?
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Rea.
Well, actuallye this would be phased in over a period of three years -- five million more. But that money has already been collected ehrough the public utility tax.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.
Well, according to our analysis, the fiscal impact of the original bill: as passed, is 15.6 million dollars to the General Revenue Fund. After the Governor's veto, the fiscal impact will be one million dollars to the General Revenue Fund. Xou know , again, it's a -- it's a nice àdea, but I don't know how in the world we're going to be able to come up with all the money. If we turn down hospitals, I think we ought to think seriously about turning down Ehis, too.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? If not: Senator Rea may close.
Let me just respond by saying there's a cap there of ten million, so there's no wav that EhaE could happen. I Would ask for an Aye vote. This is a very important piece of legislation for coal development, which the State of Illinois has the largest reserves of any state. And itfs very important that we move very rapidly with our coal research and development. And Would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) 73 STATE OF TLLINOIS 86th GENERAL ASSZMBLX REGULAR SESSIQN SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Question is, shall House 'Bill 3585 pass, the specific recommendations of the Governor eo the contrary notwithstanding. Those in favor Will vote Aye. Those opposedy Nay. The voting is open. Have a1l voted who Wish? Have al1 voted who wish? Have a1l voted who wish? Have al1 voted Who Wish? Have a1l voeed who Wish? Have all voted who wish? Have a11 voted who Wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 35, the Nays are l9, none voting Present. The motion, having failed to reeeive the required three-fifths -- the motionp having failed to receive the required three-fifths voter is declared lost. House Bill 3766, Madam Secretary. SECRETARV HAWKER) nove that House Bill 3766 do pass, the specific recommendations of the Governor to the contrary notwithstanding. Filed by Senator Berman.
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Berman.
Thank you, Mr. President. House Bill 3766 does three ehings. One, it cleans up the languase regarding child support fee payments to the clerk of the circuit courts. Secondly: it exempts the Attorney General and State's Attorney from paying certain fees when they file certain actions in the Cook -- in the Dupage County Circuit Court. The controversial par: was the part khat authoriaes circuit clerks in counties where a correctional facility is located to hire one additional employee. And welve allocated, or provided in here, a -- a maximum of ten Ehousand dollars to pay that additional employee. Now, there are thirty-seven counties that have eorrectional facility within tbeir boundaries. This bill would cosk three hundred and Seventy thousand dollars for those khirty-seven additional circuit clerks to process al1 of the papers that we know are generated as a 74 STAQE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Leqislakive Day November 29, 1990 result of those correctional facilities. I think it's money well spent. :he Governor vetoed it because of the fiscal impaet. I ask that we override the amendatory veto -- or# I'm sorry: the language change amendatory veto, and that We provide that additional help to doWnstate circuit clerks. Be glad to respond to any question.
PRESIDING OPFICER: (SENATOR DEMUZIO) Is there discussion? If not, the question isr shall House Bill 3766 pass, the specific recommendations of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted who wish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, the Ayes are 51, the Nays are 3, none voting Present. House Bill 3766, having received the required three-f&fths vote, is declared passed: the specific recommendations to the contrary notwithstanding. Page 2l. 3771. Senator Maedonald. Senator Macdonald.
Veah. Mr. President, at the request of the House sponsor, We are waitàng for a compromise language from the Governor for a compromise on this particular piece of legislation. And I would ask if we could take it out of the record momentarily till We have some word from the Governor's Office and from Representative Breslin.
PRESIDING OPFICER: (SENATOR DEMUZIO) A1l right. Welll -- well, since ue haven'e put it into the record. we'll just skip it for the time being. Wedll stand at ease for a couple of minutes.
A1l right. Ladies and Gentlemen, if I could ask your attention please. We do not have yek remaining an awful 1ot of work, but there have been a number of Member requests to go back 75 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 on the Calendar for the purpose of amendments and for the purpose of defeating first conference committee reports' so that everything can be postured so that we can deal with whatever We want to deal with tomorrow. I will attempt to accommodate the Members' requests. But I'd ask you please to be in your seats and be attentive, so that there's no misunderstanding as to what's going on around here. Resolutions, Madam Secretary.
Senate Resolution 1497 offered by Senators Severns, President Rock and a1l Members. Senate Resolution 1498 offered by Senators Kelly, Jeremiah Joyce: Daley, Newhouse and Savickas. Senate Resolution 1499 offered by Senator Daley. Senate Resolution 1500 and 1501 offered by Senator Daley. They're all death resolutions and congratulatory resolutions.
Consent Calendar. Resolutions.
Senate Resolution 1502 offered by Senators Woodyard, Keats and Zito.
All right. The Gentlemen -- the sponsors have asked that that be placedg as were earlier resolutions, on the Order of Secrekary's Desk, so that it ean be dealt with tomorrow . Is there any objection? All riqht. Without objection, that resolution will be placed on the Secretary's Desk. It Will show up on the Calendar tomorrow. Wedll attempt to deal with it. Resolutions.
Senate Joànt Resolution 225 offered by President Rock. And Senate Joint Resolution 226 offered by Senator Dudycz. That's a Constitutional Amendment. They're both substantive. PRESIDENT ROCKJ 76 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 Executive. Introduetion of Bills.
Senate Bill 2321 offered by Senator Dudycz. (Secretary reads title of bill) lst Reading of the bill.
Rules Committee. Messages from the House.
A Message from the House By Mr. O 'Brien: Clerk. Mr. President I am directed to inform the Senate that ehe House of Representatives has refused to recede from their amendments -- Amendment No. l to a bill of the following titley to wit: Senate Bill 983.
Hold it. Hold it. No. Then give me -- tell me who the sponsor is, so we see what they want to do. senator Weaver.
Thank you, Mr. President. I would move that we accede to the request of the House and a conference committee be appointed.
All right. Senator Weaver has moved that the Senate accede to the request of the House. Any discussion? If not: a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. Senate does accede to the request of the House, and the Secretary shall so inform the House. Messaqes from Ehe House.
A Message from the House by Mr. O'Brien: Clerk. Mr. President am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Repork on House Bill 3793 and requests a Second Conference Committee to eonsider the differences between 77 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 the two Houses with regards to Amendments 1 and 2.
Senator Daley, do you move to accede to the request of khe House for a Second Conference Committee? Senator Daley does move to accede to the request of the House for a Second Conference Committee. A11 in favor of that motion, indicate by saying Aye. A1l opposed. The Ayes have ik. The motion carries, and the Secretary shall so inform the House. Further messages from the House?
A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on Senate Bill 2239 and requests a Second Committee of Conference to consider the differences between the two Houses in regards to Amendments 1, 3, 4 and 5.
Senator Savickas moves that the Senate accede to the request of the House for a Second Conference Committee. Discussion? If not, all in favor, indicake by saying Aye. All opposed. The Ayes have it. The motion carriesy and the Secretary shall so inform the House. Messages from the House.
A Message from the House by Mr. O 'Brieny Clerk. Mr. President - I am directed to inEorm the Senate that the House of Representatlves has refused to adopt the First Conference Committee Report on Senate Bill 1951 and requests a Second Committee of Conference to consider the difference between the tWo Houses With regards to Amendment No. 1.
Senator Jones has moved to accede to the request of the House. Discussion? If not, all in favor, kndicate by saykn: Aye. A11 78 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 opposed. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Further messages from the House?
A Message from the House by Mr. O'Brienz Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title: to Wit: Senate Bill 1310 With House Amendments 1 and 2.
All right. Secretary's Desk, Concurrence. SECRCTARV HAWXER) have a like Message on Senate Bill 2012 With House Amendment No. 1.
Secretary's Desk, Concurrence. Senator Dudycz, for What purpose do you seek recognition?
Mr. President: I filed a written motion.
Ilm -- I1m sorry . Senator Dudycz: I'm sorry.
Mr. President, filed a kritten motion.
Ves. The -- We Wi11 9et to the motion. We've got a number of requests to get on the Calendar from Senators Woodyard and Maitland and a number of others. %ê Will get to that order. END OF TAPE TAPE 3 79 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislakive Day November 29# 1990
Resolutions.
Senate Joint Resolution 222 Ksic> offered by Senator Donahue . It is conqratulatory.
Senator Donahue.
Thank you, Mr. President. I would ask leave of the Body for immediate consideration of House Ksic> Joint Resolution 227. It's a congratulatory message.
A11 righk. Senator Donahue has moved to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 227, a congratulatory resolution that she wishes to have House action on as soon as possible. A11 in favor of the Motlon to Suspend, indicate by sayin: Aye. Al1 opposed. The Ayes have it. The rules are suspended. Senator Donahue now moves the adoption of Senate Joint Resolukion 227. A11 in favor, indicate by saying Aye. All opposed. The Ayes have it. The resolution is adopted. A11 right. Ladies and Gentlemen, îf you'll bear with me, we've gok four or five items on the Calendar thak Members have requested that we address, and there are tWo addikional motions that are filed. And then we will have concluded our business for today. If I can direct your attention to Page 8. Page 8 on the Calendar. On the Order of House Bills 2nd Reading We have House Bil1 2867. Senators Woodyard and Jacobs. Read the bill, Madam Secretary, please. Senator Demuzio, for what purpose do you arise? I'm sorry.
I move we adjourn till tomorrow morning.
80 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29# 1990 Welle we have afforded the Members the opportunity to at least :et this stuff in place, and I -- I Would ask you please to withhold that motion. There are some matters of some interest here. Read the bill, Madam Secretary.
House Bil1 2867. (Secretary reads tikle of bi11) 2nd Reading of the bill. No committee amendments.
Are there amendments from the Floor?
Senators Woodyard and Jacobs offers Amendment No.
Senator Woodyard.
Thank you, Mr. President -- thank you, Mr. President and Members of the Senate. I certainly apoloqize to this Body for bringing this issue to you so late in the Veto Session, but I only becane aWare of the problem about two and a half weeks ago. Seemingly, in 1989 this Body passed: and kas signed into law: a bill which, in essenceg will put the people Who do van conversions out of business. Those particular people operate under a special category of dealer's license: and we think - although we're not sure that therelre only four or five of these people in the State. What happened when this bill triggers into effect January 1991 -- it says that a person who converts these vans must sell them under a used title, Which in essence will put them out of business. In the van converters case in my district, he's right alonq the Wabash Riverp and he very definitely will move across the State line, and tt wkll cost the State of Illinois about a million and a half dollars a year just to puE him out of business, and I think that's rather ridiculous. So whae this amendment does 81 STATE OF ILLINOIS 1 86th GENERAL ASSEMBLY REGULAR SESSION I I SENATE TRANSCRIPT I 119th Legislative Day November 29# 1990 is -- is move the timetable - a trigger date of that leqislation - back by six monehs. It doesnft try to repeal anykhing. It -- it doesn't do anything to the original legislation. It simply :ives us some time to see if we can work out some kind of compromise. So that's what this amendment to House Bill 2867 does. And I would urge its adoption. PRESIDENT ROCK: A1l right. Senator -- Senator Woodyard has moved the adoption of Amendment No. 1 to House Bill 2867. Discussion? If not: al1 in favor, indicate by saying Aye. All opposed. The Ayes have it. The amendment's adopted. Are there further amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCK: 3rd Reading. On the Order of House Bills 2nd Readin: also is House Bill 3037. Read the bille Madam Secretary, please. SECRETARY HAWKER: House Bill 3037. (Secretary reads tltle of bill) 2nd Reading of the bill. No committee amendments. PRESIDENT ROCK: Senator Maitland. SENATOR MAITLAND: Thank you very much, Mr. President and Members of the Senate. House Bill 3037 is going to be -- wedre going to delete everything after the enacting clause, and impose in there lanquage that will address a recene problem facing the Student Assistance Commission. A recent Illinois Supreme Court decision found in favor of the plaintiffs, and the Statute found unconstitutional allowed ISAC to file all lawsuits on delinguent and defaulted student loans in the County of Cook. And the languaqe then that will -- that will parallel or address the Supreme Court decision will allow the I 82 1 j 86S tT hAT GENO EF RAI LLA LI SN SO EM IB SLY REGDLAR SESSION I SENATE TRANSCRIPT l i 119th Legislative Day November 29, 1990 Commission to file any and all lawsuits on delinquent and defaulted student loans in the County of Cook where venue shall be deemed proper. Then a defendant will have the rlght to request a ehange of venue. I know of no opposition. I therefore, Mr. President, move for the adoption of Amendment No. 1. PRESIDENT ROCK: Senator Maitland has moved the adoption of Amendment No. 1 to House Bill 3037. Any discussion? If not, al1 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted. Are there furkher amendments? SECRETARY HAWKER: No further amendments. PRESIDENT ROCE: 3rd Reading. Ladies and Gentlemen, if you'll turn to Page l0. On the Order of Secretary's Desk, Coneurrence, thereîs House Amendment l to Senate Bill 2237. Senator Savickas has agreed to hold that until tomorrow, at my requesk. And I appreciate that. Top of Page ll. 0n the Order of Conference Committee Reportsy there's a first report that I understand we have to dispose ofr so that a second can be put into place. Madam Secretary, on the Order of conference Committee Reports, there's a first report with respect to Senate Bill 2239, please. SECRETARY HAWKER: Pirst Conference Committee Report on Senate Bill 2239. PRESIDENT ROCK: senator savickas. SENATOR SAVICKAS: yes. I Would move to reject Conference Commlttee Report No. l and ask for a second conference committee to be appointed. PRESIDENT ROCK: Al1 right. The question is placed, as you knoW, in the affirmative. So the question is, shall the Senate adopt the 83 ' 1 I I STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29z 1990 Conference Senator -- I'm sorry. Discussion? Senator Fawell.
Senator Savickas, could you tell me what you plan on doing with Senate Bill 2239?
Senator Savickas.
First, we wish to not approve this First Conference Committee Report, because it is in error, and hopefully get the seeond conference committee report put together to put this bill in in its -- in a proper form that you will accept and vote for. The bill will be dealing with the -- the billboards that are on our State highways.
All right. The question is, shall the Senaee adopt the Conference Committee Report on Senate Bill 2239. Those in favor will vote Aye. Opposed, vote Nay, and the votingls open. Have a11 voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On that question, there are 9 Ayesz Nayse l voting Present. The Senate does not adopt the First Conference Commtttee Report on Senate Bill 2239: and the bill -- the Conference Committee Report is noL adopted: and the Secretary shall so inform the House. And Senator Savickas has requested that a second committee of conference be appointed, and Madam Secretary shall so inform the House. Top of Page l2. Senator Dunn has requested that we go to the Order of Consideration Postponed, Conference Committee Reports, for the purpooe of dealing with a conferenee eommittee report on House Bill 3310, Madam Secrekary.
First Conference Committee Report on House Bill 3310.
84 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 119th Legislative Day November 29, 1990 Senator Dunn.
Thank you, Mr. President. I move to reject the First Conference Committee and appoint a second.
I1m sorry, Senator Dunny I was...
I move I move to reject the First Conference Committee Report on... PRESIDENT ROCF) The question, again, is placed in the positivey as you know. The question is, shall the Senake adopt the Conference Committee Report on House Bill 3310. Those in favor, vote Aye. Opposed, vote Nay, and the voting's open. A11 voted Who wish? Have all voted Who wish? Have all voted who wish? Take the reeord. On that question, there are no Ayes and 26 Nays, none voting Present 2 voting Present. The Senate does adopt the Conference Committee Report -- does not adopt the Conference Committee Report, and the Secretary shall so inform the House, and Senator Dunn has requested the appointment of a second committee on conference. Senator Marovttz, wefre checking that out. Wedll get back to it. We'11 go now to the Order of Motions in Writing, Madam Secretary. The Chair is led to believe that a couple of motions have been filed. I'd ask the Members' attention. We have only remaining before us two additional Motions in Writing, and then we <àll have concluded our business for today. But ask you, please, to pay attention. Madam Seeretarye Senator Dudycz indicates he has a Motion in Writing. Read the motiong please.
Havin: voted on the prevailing side, I move to reconsider the vote by Which the item on Page 8, line 35, of House Bill 3544 was restored, the veto reduetion of *he Governor to the contrary 85 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 notwithstanding. Filed by Senator Dudycz.
Senator Dudycz.
Yes. Thank you, Mr. President. Like the Secretary read, I voted on the prevailing side and I do move to reconsider the vote by whkch the ttem on Pa:e 8, line 35, of House Bk11 3-5-4-4 was restored, the veto reduction of the Governor to the contrary notwithstanding.
All right. Senator Dudycz has moved to reconsider the vote by which the item on Page 8, line 35, of Rouse Bill 3544 was declared restored. That -- that motion will require 30 affirmative votes. Discussion on the motion? Senator Carroll.
Here we qo again. It's interesting. Here We passed circuit breaker funding for seniors. That's the issue. I notice that the sponsor of the motion did not want to discuss the issue. The issue is simple. Are we golng to give the money to the seniors who are entikled to the circuit breaker grant? We passed that on a roll call with 31 votes. NoW one of those who voted for the seniors wants to vote against the seniors. I would suggest the vote we took was the correct vote. I believe ue owe these seniors this money. We have no cboice but to pay them this money. These are the senior citizens of Illinois, who are entitled by State 1aw to these circuit breaker grants, and I think now to try and change that is totally wrong. I Would urge stron: oppositkon to this Motion to Reconsider the vote. I think the people here felt that they voted correctly when they voted to side With the seniors to give them this twenty million dollars. Any other vote kould be totally wrong. I would urge opposition to the Motion ko 86 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legkslative Day November 29, 1992 Reconsider.
Further discussion on the Motion to Reconsider? Senator Dudycz, you wish to respond or close, please?
just ask for a favorable vote on the reconsideration.
Al1 right. Senator Dudycz, having voted on the prevailing side, is moving to reconsider the vote by which the item on Page 8, line 35 of House Bill 3544 had been declared restored, the item reduction of the Governor to the contrary notwithstanding. Those in favor of the motion will vote Aye. Opposed ko the motion will vote Nay, and the voting's open. Have a11 voted Who Wish? Have all voted who Wish? Have al1 voted Who Wish? Have all voted who wish? Take the record. On that question, there are 30 Ayess 27 Nays, none voting Present: and the motion prevails. Senator Demuzio, for what purpose do you arise, sir?
Verification.
That request is in order. Senator Demuzio has requested a verification of the affirmative vote. Will the Members please be in their seats. Madam Secretary, please read the affirmative vote.
The following Members voted kn the affirmaEive: BarkhauEen, Davidson, DeAngelis, Donahue, Dudycz, Etheredge, Fawelle Priedland, Geo-Karis, Hawkinson, Hudson: Karpiel, Keats, Kustrae Lechowicze Macdonald, Madigan, Mahar: Maitland, Philip, Raica, Rigney, Savickas, Schaffer, Schuneman, Topinkap Watsone Weaver, Welch and Woodyard.
87 STATE OP ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legkslatkze Day Novenber 29, 1990 Senator Demuzio, do you question the presence of any Member? Senator Demuzio. Hello .
Senator Watson.
Senator Watson on the Ploor? Senaeor Watson is in the baek of the Chamber, Senator Demuzio.
Well, thak's *oo bad. Senator Kelch.
Senator Welch is in his seat.
Senator Lechowicz.
He is in his seat.
Senator Davidson.
Senator Davidson's in his seat.
Senator Kustra.
Senator Kustra is in his seat. SENATOR DEMUZIOI Well then, Mr. Mr. President, may I ask you, is there anyone that I -- should be verified that can't find?
I -- 1, tooz am in my seat. A11 right. The roll has been verified. On that motion, there are 30 Ayes, 21 Nays. The motion carries. and the vote is reconsidered, and Will go -- all right. Senakor Marovitz earlier had a Senator Demuzio, for What purpose do you arise? 88 STATE OF ILLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990
I renew my motion. I nove we adjourn till tomorrow.
I would ask you again, as a matter of courtesy -- we have two Members yet remaining that have similar mokions. We'll -- welll be out of here in five minutes. On the Order of Conference Commitkee Reports. Madam Secretary. Page l0, Ladies and Gentlemen. Senator Marovitz has assumed the sponsorship of House Bill 4126. There 's a Conference Committee Report on House Bill 4126, Madam Secretary.
Eirst Conference Commkttee Report of House Bill 4126.
Senator Marovitz.
Thank you very much, Mr. President. As many Members before mey I'm really asking that we dump this and We'll have a second conference committee. There are some errors in khe first report. I knoW it has to be put in the affirmative: but 1: myself, will be voting No sù ue can have second conference committee.
Al1 right. Question isp shall the Senate adopt -- is there any discussion? Ilm sorry. If not: the question is, shall the Senate adopt the Conference Committee Report on House Bill 4126. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. A1l voted who wish? Have al1 voted Who wish? Have al1 voted who wish? Take the record. On that questlon, there are 3 Ayes, 31 Nays, 1 voting Present. The Conference Committee Report is not adopted, and the Secretary shall so inform the House, and also inform the House of Senator Marovitz's request for a second conference committee. 0ne final motion remaining. Madam Secretary, read the motion, please. 89 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 SECRETARX RAWKER ) move to suspend rule 5C for the purpose of immediate consideration of House Bill 2570. Offered by Senator Zito.
A1l right. Ladies and Gentlemen: top of Page 7. 1111 direct your attention to the top of Page 7. The motion is with respect to House Bills 3rd Reading, House Bill 2570. Senator Zito has moved to go to that order of businessz and asks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading, Madam Secretary. 2nd Reading.
House Bill 2570. (Secrekary reads title of bill) 2nd Reading of the bill. No committee amendments.
Senator Zito, could we hold a minute? Senator Weaver indicate: he has another amendment. I think he's -- you want to put this one on, or you going to take some off? A11 right . Senator Zito. Senator Zito.
Thank you, Mr. President and Members. I understand that there are additional amendments. I Would like to deal with my amendment, which would delete everything after the enacting clause, and add four sections that have been discussed by the financial industry of this State over the summer and during this fall. We have come to an agreement on these four points, and briefly explain What those four points are in this amendment. The first issue talks about the extension - from six months to tWo years the time in which a bank may relocate the main office or branch of an acquired defaulted savings and loan or bank. The 90 STATE OF TLLINOIS 86th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislatkve Day November 29, 1990 seeond provkston would allow that a11 the banks in a consortium of banks that purchases a failed savings and loan to operate the former thriftls branches as bank branches. The third provision permits State banks to purchase Israeli bonds: and the fourth and final provision gould permit the ISAC to condition a school 's eligibility to participate in scholarship and grant pro:rams upon the school's agreement to use the State as the primary guarantor or -- of its quaranteed students loans. I might also mention to the Membership that again, these points have been discussed thoroughly with the industry . I know that Senator Keats and I have been involved in those meetings. I know of no opposition, and would ask for the adoptkon of Ploor Amendment No. 1.
A11 right. Senator Zito has moved the adoption of Amendment No. l to House Bill 2570. Discussion? Senator Geo-Karis.
Sponsor yield for a question?
Sponsor indicates he will yield. Senator Geo-Raris.
Senator, That -- your amendment doesnft include any right to the banks to sell insurance, does it?
Senator Zito.
No.
Al1 riqht. Senator Zito has moved the adoption of Amendment No. l to House Bi1l 2570. Diseussion? If not, a1l in favor: indicate by saying Aye. Al1 opposed. The Ayes have The amendment's adopted. Further amendments are coming down the aisle. Further amendments, Madam Secretary? 91 STATE OF ILLINOIS 86th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 119th Legkslative Day November 29, 1990
Amendment No. 2 offered by Senator Weaver.
www lmachkne cutoffl... Weaver.
Thank you, Mr. President. This amendment makes changes to the Illinois Bank Examiners' Education Foundation Act and the Illinois Banking Act. It empowers the Board of Trustees of the Illinois Bank Examiners' Education Poundation to authorize a transfer of l.3 million dollars from available funds in the Illinois Bank Examiners' Education Fund for deposit into the Bank Trust Company Fund. This is necessary to solve what Will be an immediate cash-flow need in late December-early January. It contains provisions for payback plus interest of this million dollars over a three-year period. There will be no interest lost to the Education Fund during that time, as the payback Will be including interest as well as principal. And I'd move adoption. PRESIDENT ROCKZ Al1 right. The Gentleman has moved the adoption of Amendment No . 2 to House Bill 2570. Senator Demuzio, for what purpose do you arise?
Has this amendment been passed out? If it hasn't, I -- I would like to be joined by five people and -- and ask that be passed out before we -- before we qo into this.
The requisite number have requested of the amendment. Madam Secretary, please have the amendment -- all he has to do is WithdraW it. It Was on 3rd Reading. We can do it tomorrow if -- no. Al1 right. Senator Demuzio.
I would also, you know, would ask that -- to have the Chair 92 STATE 0F ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day November 29, 1990 determine as to whether or not this amendment is germane.
That request is in order. Senator Weaver, for what purpose do you arise, sir?
Thank you, Mr. President. 1'11 be happy to Withdraw the amendment, with the understanding that we can consider the amendment tomorrow.
Thatls fair enough. Senator Demuzio and I will read it over the weekend. A1l right. Madam Secretary, Amendment No. 2 has been withdrawn at the request of the sponsor. Are there further amendments?
No further amendments.
3rd Reading. Senator Zito, for what purpose do you arise, sir?
As the sponsor, I'd lkke to have some input to that request.
Which -- input with what request?
Well to -- to :et back to the -- the amendment -- and WaS prepared to do that today. And I understand Senator Weaver's dilemma. I do not want Eo jeopardize *he amendmenk that I pu* ony or the passage of this bill in the few days or feW hours that we have remaining in Session. I Would ask the Chair if we're going to have an opportunity to hear his amendment, which -- I've said to Commissioner Harris that I would, in fact, entertain it; I would not sponsor Senator Weaver has been gracious enough to sponsor it, but don't Want it to jeopardize the 93 STATE 0P ILLINOIS 86th GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 119th Legkslative Day November 29y 1990 passage of the four points that are very important to the financial industry in the State of Illinois.
The -- the Chair has afforded, I think, above and beyond the call, the opportunity for every Member to present whatever they lve hadg and Will do so tomorrow. Yes. Further business to come before the Senate? Your Motion to Adjourn is finally in order. The Senate Will stand -- Senator Vadalabene, for what purpose do you arise, sir?
Thank you, Mr. President, Members of the Senate. There's been quite a bit of criticism coming over to this side of the aisle, especially this row, and I -- I Want -- would like to be relieved as captain of this row immediately - now.
Sam: I -- Sam, I can't -- I can't do that for you. Youdre much too important for that row. Any further business to come before the Senate? If not, Senator Demuzio's third Motion to Adjourn is in order. We'1l adjourn until nine o'clock tomorrow morning, Ladies and Gentlemen. Nine o'clock tomorrow morninq. 94 RephéTzXIFLDAV STATE OF ILLINOIS 9ûJk2/k# pgcE: ocl 8&TH GENERAL ASSEM8LY 10:o0zt3 3f&/Tf DAILY TRANSCRIPTION 0F DEBATE INDEX NOVEMDER 29, :990 HB-0#93 VETC ACTION H3-1055 VETO ACTION HB-l220 VETO ACTION H8-1268 VETO ACTION H8-2570 REEALLED H:-2570 MOTIGN H:-27Q0 VETO ACTION 83-2867 SEC0&2 READING *6-292# VETO AETION H8-2966 VETO ACTION H8-3:37 SECONO REAOING HB-3t36 VETO ACTION H3-31&6 VETO ACTION H8-3152 VE' rO ACTION HB-3t6# VETO ACTION H8-3183 VETO ACTION H8-3261 VETO ACTION H8-3273 VETO ACTION 88-3273 VEFO ACTIGN HB-33l0 CONFERENCE H8-333T ?6T0 ACTION HB-3311 VETG ACTION 88-3356 VETO ZCTION HB-3&06 VETO ACTION H8-3*62 VETO ACTISN H8-35:4 VETO ACTION 88-354# VETO ACTION H8-3544 M?rIO< H3-3562 VETO JCTION H8-3585 VETO ACTION H8-3613 VETO ACTIGN 88-3655 VETO ACTION 88-3871 VETO ACTION H3-3699 VETC ACTION H8-3755 VETO ACTION 8:-3766 VETO ACTION H8-3771 0UT UF RECORD H8-39#0 VETO ACTION H8-3952 VETO ACTIDN H:-4126 CORFERENEE HB-4159 VET? ACTION 53-2239 CONFERENCE 38-2321 FIRST READING SR-l#86 RESOLUTION OFFERFO SR-1#87 RESOLUTION OFFERED SR-1#88 RESOLUTION OFFERE: SR-1G89 RESOLUTION OFFEREO SR-l#90 RESOLUTION OFFEREP SR-t#9l RESOLUTION QFFERED 5R-1492 RESGLUTION OFFERED SR-L#93 RESOLUTION QFFEREO SR-l49A RESOLUTION OFFERED SR-1*95 RESOLUTION OFFERED SR-1#9: RESOLPTIO& DFFERED SR-l*97 RESGLUTION OFFERED 59-1#98 RESOLUTIDN DFFFRED $R-1*99 REJOLUTION OFFERED SR-l500 RESOLUTION OFFEREO SR-1501 RESOLUTION OFFEREP SR-15û2 RESULUTION OFFERED SJR-O223 RESOLUTION OFFERED SJR-022# RESOLUTION OFFERED 52R-0225 RESCLUTION OFFERED 52R-0226 RESOLUTION QFFERED iREPàRTI 'TTFLDAY STATE OF ILLINGIS 90/12/1* PAGEZ O02 86TH GENERAL ASSEMBLY ' 1QI00:l3 S6&âTE DAILY TRANSCRIPTION OF OEBATE INDEX NOVEMBER 2%# 1990 l sJû-c227 ADOPTED PAG: 80 I SUBJEET XATFER k 3ENATE TO ORDER - PRESIDENY ROCK PRAYER - Rf#. LEHI: M. xR4OSE PAGE PAGE 1 l JGURNAL - POSTPONEO PAGE 1 MESSAGES Fû5H THE HOUS: PAGE 77 ADJOURNXENT PAGE 94 1 1 1 l