A Message from the Treasurer. To the Honorable Members of the Senate - I have nominated and appointed the following named persons to the ' Treasurer's Personnel Review Board. I respectfully ask concurrence and confirmation of these appointments by your Honorable Bady. Filed by Patrick Quinn, Treasurer.
Committee on Executive Appointments. Messages from the House.
A Messaqe from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred With the Senate in the passage of a bill of the following tltley to wit: Senate Bill 51 with House Amendment 1. Senate Bill 56 with House Amendment 1. Senate Bill 83 with House Amendment 1. Senate Bill 86 with House Amendment 1. Senate Bill 94 with House Amendment 1. Senate Bill 108 with House Amendment 2. Senate Bill l52 with House Amendments 1 and 2. Senate Bill 2l6 with House Amendment 1. Senate Bill 225 with House Amendments l and 2. Senate Bill 248 with House Amendment 1. I Senate Bill 253 with House Amendment 1. Senate Bill 264 with House Amendment 1. Senate Bill 278 with House Amendments 1 and 2 i . l 2 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26y 1991 I Senate Bill 3l2 with House M endments l, 2 and 3 . Senate Bi11 433 with House M endment 1 . Senate Bill 539 with House M endment l. Senate Bill 549 wtth House Amendment 1. Senate Bill 588 With House M endment l. Senate Bill 593 with House Amendments 1 and 3 . Senate Bill 600 with House M endment 1. Senate Bill 630 with House Amendment l. Senate Bill 706 With House M endment l . Senate Bill 717 with House Amendment 1. Senate Bi11 727 with House M endment 1. Senate Bill 758 with House Amendment l. Senate Bill 8ll with House M endment 1. Senate Bill 922 with House Amendments l, 3 and 8. Senate Bill 986 With House M endment l. Senate Bill 1016 With House M endment l. Senate Bill 1048 with House M endment 1. Senate Bill 1060 with House M endments 1, 2 and 3. Senate Bill 1119 with House M endment 1. Senate Bill 1337 With House Amendment 1. Senate Bill 1364 with House M endment l. And Senate Bill 1380 with House M endment 1. A11 passed the House# as amended, June 25, 1991.
Secretary 's Desk . Message from the House .
A Message from the House by Mr. O 'Srien, Clerk. Mr. President - I atq directed to inform the Senate that the House of Represen*atives has adopted the following joint resolutiont in the adoption of which I am instructed to ask the concurrence of the Senate ; to wit : House Joint Resolution 67 . 3 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 is congratulatory.
Consent Calendar. Resolutions.
Senate Resolution 59l offered by Senators Davidson, Weaver and a11 Members. And Senate Resolution 592 offered by Senator Watson. They are both congratulatory .
Consent Calendar. Ladies and Gentlemen, we will begin on Page 6 on the Calendar. As I'm sure everyone is aware, it's Wednesday, June 26th, which is the deadline day for consideration of House Bill: on 3rd Readinq. So we will be on that order of business until we conclude. Starting at Page 6 with Senators Cullerton, Carroll, D'Arco, Luft, Jones and DfArco. A11 right. If I can have your attention, please. Senators Luft and Hawkinson have some special guests to present to the Illinois Senate. The Chair Will yield to Senator Luft.
Ladies and Gentlemen of the Senate, like to take this opportunity to have your attention so Senator Hawkinson...tmachine cutoffl...provide you the ability to meet With the Farmington State High School Class A Softball Tournament champions. I represent Farmington; however, I think some of these ladies may live in Senator Hawkinson's district. This is the second time yeah, we don't know where the district's going to be at the end of this month -- this is the second time Farmington has been awarded this honor. What I'd like to do is ask their head coach, Tom Wierzbay to introduce the group, along With the assistant coach - wha does a lot of the work, I'm told - Chris Walker. So Coach Wierzba could come up here and introduce the ladies, and as their name is read off, if they'd just raise their hand, wefd appreciate 4 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT k 51st Legislative Day June 26, 1991 I it very much. I COACH TOM WIERZBA: r (Remarks by Coach Tom Wierzba) SENATOR LUFT: : q Thank you very much.
A1l right. Ladies and Gentlemen, Wedre going to begin on House Bills 3rd Reading. This is the final day for consideration of House Bills on 3rd Reading. So we'll go through this Calendar one time. Then there are four or five bills on the Recall. We dll do the recalls. And at some point, if time remains, we Will get to the Order of Secretary 's Desk, Concurrence, to deal with House action on Senate bills. Middle of Page 6. The middle of Page 6 on the Calendar. On the Order of House Bills 3rd Reading. 121. Senator Cullerton. Read the bill, Madam Secretary, please.
House Bill 1-2-1. (Secretary reads title of bill) 3rd Readkng of the bill.
Senator Cullerton.
Thank you, Mr. President, Members of the Senate. This bill prevents local authorities, road district highway commissioners and Department of Transportation from prohibiting the operation of non-commercial, second division vehicles under eight thousand pounds on a designated highway. What this is al1 about is that on# specifically, Lake Shore Drive in Chicago, they prohibit the small pickup trucks, Which weigh under eight thousand pounds, from using it. Purpose of the bill is to try to allow them to do it. Some cars weigh more than elght thousand pounds -- I think as many - - as much as ten or twelve, and so that's the goal. Now, we did 5 1 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26 , 1991 put an amendment ony because the Secretary of State fs Offiee Wanted to look at this and see if it was necessary to have a -- a new classification for these vehicles. So we did put an amendment on. understand that in the House, they will hold off on concurring with that amendment until they find out from the Secretary of State whether or not they have an objection to 3ut that's What the goal of the bill is# and I'd be happy to answer any questions. PRESIDENT ROCK : Discussion? Senator Fawell. SENATOR FAWELL: Thank you very much . Will the sponsor yield for a question? PRESIDENT ROCK : Sponsor indicates he Will yield , Senator Eawell. SENATOR FAWELL : If -- if this goes into conference , are you -- are we going to add things to it# or are we just going to -- or have you got an agreement with the -- the House sponsor that he will accept Whatever needs to be done? PRESIDENT ROCK : Senator Cullerton . SENATOR CULLERTON : Wellz the House sponsor is a she - I believe it 's Representative Curriez and this is not meant to be a vehicle for any other bill. It strictly comes out of a request# think, from one of her conskituents , wit.h regard to the use of Lake Shore Drive and small pickup trucks . The only hitch is this issue of whether or not the Secretary of State Wants to have a separate classification for the vehicles, and that's the only reason why it Would be put into a conference. So that's my intent -- I'11 state that publicly. PRESIDENT ROCK : 6 i I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26y 1991 I Further discussion? Senator Watson. SENATOR WATSON: Thank you, Mr. President. Question of the sponsor. Question of the sponsor, please. PRESIDENT ROCK: Sponsor indicates he will yield. i SENATOR WATSON: . Thank you. Senator, does this preempt home rule? PRESIDENT ROCK: Senator Cullerton. SENATOR CULLERTON: I Was told that it did not by# again, the House sponsor. There's no language in the bill that does that. It's only one sentence longy and there's no preemption language. PRESIDENT ROCK: Senator Watson. SENATOR WATSON: Can you tell me who this affects then, if it doesn't preempt home rule in Chicago? PRESIDENT ROCK: Senator Cullerton. SENATOR CULLERTON: Well: my understandin: would be that We're amendin: the Vehicle Code, and Wedre lifting a prohibition against these types of vehicles being allowed to be on this particular road. So I guess you could arque that it's permissive, and I guess that's the best I can do in terms of answering. I don 't see any preemption language. PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson. SENATOR WATSON : Well, We hear from our township officials and our county 7 I - STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 I superintendents of highways about the weight limits on township I and county roads. Does this have any impact on -- on that, Senator?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
No. It's very specific. It says -- 1'11 just read the whole bill for you. ''For purposes of this subsection, a1l motor vehicles registered at eight thousand pounds or less shall be considered the same type of motor vehtcle.'' And -- and that would be in the Section that just authorizes vehicles to drive on particular types of highways. They are multi-lane, controlled-aecess highways with three or more lanes in one direction, or on any multi-lane hiqhway with two or more lanes in one direction. And that's -- that's the -- that's the Section that this would affect.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson.
Well, Senator, you mentioned the Lake Shore Drive, and -- and Wouldn 't that be under the authority of the city, and -- and shouldn 't this then have preemption in it?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton .
Well, that is -- my understandinq is that that 's a State highway : and you know , if you want me to, I could take this out of the record. I can ansWer that questlon for you. I Will check With the House sponsor, and We -- if we colle back to this order, since it is the last day --
PRESIDING OFFICER: (SENATOR COLLINS) Take it out of the record, please. House Bi11 244. Senator 8 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 D'Arco. Read the bill, Madam Secretary.
I House Bill 2-4-4. (Secretary reads tktle of bkkkl 3rd Reading of the bill . I I
PRESIDING OFPICER: (SENATOR COLLINS) Senator D'Arco.
Thank you, Madam President. House Bill 2-4-4 is a vehicle bill at this point. Senator Maitland, yesterday, got up on the Eloor and suggested that he Was against the bill. Well, I'm against the bill too, in the way lt Was constituted, and I don't want that particular provision in the bill any more than he did. Negotiations are going on at this present time regarding this concept, and the idea is to 9et it into a proper posture, so eventually we can do something for the citizens of the State of Illinois.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Macdonald.
Thank your Madam President. I rise in strong opposition to this bill. I also was opposed to the content of the original bill. It now is a vehicle, but I will say that there are other bills -- there are plenty of other bills out there that could be used to amend. And I -- I think we have plenty of vehicle bills thak are appropriate and available for this parkicular piece of legislation if it should be pu* on some other piece of legislation. So I would strongly oppose this bill, and ask for its defeat.
PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? Senator Jacobs .
9 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 ! Thank you, Madam President. Just to clarify the issue a little bit. 1, too, Senator, as you know: probably have some opposition to this, but I think that -- that under the circumstances, what youfre asking is to -- just to move it along, i 1 . and unless therels an agreement, We wonît see this thing again. Is that correct? PRESIDING OFFICER: (SENATOR COLLINS) Senator D'Arco. SENATOR D'ARCO : Welly the -- the -- the origlnal -- the original bill that provided reporting requirements for utilities, in case of outages, is absolutely unaaceptable to everyone. There's no question about that. The issue is whether we're going to pay people that have damaged goods some compensation for tbese outages, if the utility is at fault. That's the simple concept that Welre dealing with here. Al1 the other language in this bill is superfluous and unnecessary, and should be totally eliminated from the bill. That's what this bill is all about. I don't know of anybody that should oppose that concept. It's a -- it's a good concept. It says if people have damaged goods - tangible, damaqed goods - foodstuffs - and the utility is at fault because of a power outage, they should compensate the people. That's exactly what they did an the west side of the City of Chicago. When those people suffered damages, Commonwealth Edison paid those people compensation for the amount that was damaged. That's simple enough. ThaE's a11 we want to do. All the -- all the other superfluous language in the bill is extraneous and should be removed, and nobody wants to have it in the bill. Now We're getting into this big debate about vehicles, and what this bill does, and there's other vehicles there, but this is What the bill is a11 about, and I want to keep that concept in this bill. I. ' think that's reasonable. 10 ! j STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legkslative Day June 26, 1991
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.
Senator, and I -- I agree with that. That -- there -- just so I can get it clear in my mind. There was also a concern in committee as to the -- the outages in the four hours and how they're soing to keep track of that. Is that now out of the bill, and Wedre just strictly talking about the payment of damages that can be proven to be caused by the outages - is that correct?
PRESIDING OFFICER: (SENATOR COLLINS) Senator D'Arco.
There were two concerns. 9ne was that the utilities - the downstate utilities and Conmonwealth Edison - were going to have to put in three-hundred-dollar meters to monitor the outages that occurred. That is absolutely out of this bill. Nobody wants any utilities to add any expense to their already debt service. The other eoncept was this four-hour deal. That's out of the bill. mean, we want to make the bill as simple as possible. Simply to say if peoples' goods are damaged because of an outage that -- that's caused by the fault of the utility, they should be compensated. That's what CommonWea1th Edison did on the west side of the City of Chicago. PRESIDING OFFICERI (SENATOR COLLINS) Further discussicn? Senator Donahue.
Well, thank you, Mr. President -- or Madam President, Ladies and Gentlemen of the Senate. I also rise in opposition to this legislation as a vehicle. What the -- in a11 due respect to the sponsory the three-hundred-dollar meters are out, as you say. The four haurs are out, and it's simply to pay damages for outages caused by the utilities. Well, they already do that. And they 11 STATE OF ILLINOTS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 can do that noW through small claims court, and thls is unnecessary, and it's not the time of the year to have these types of vehicles out. So I hope we can defeat thls legislation. PRESTDING OFFICER; (SENATOR COLLINS) Senator D'Arco, to close.
Well, youfre right. Youdre right. They already -- they did do that. Yeah, you're right. But the point is, the only reason they did is because the pressure was on to pay these people compensation. That's the only reason they paid the people on the west side. If there wasn't public pressure that caused them to make those payments, they would have never paid those people. We we just want a simple law that said, ''Hey, it's your fault. You caused the damage. You pay for the tangible goods that are damaged.'' It's -- it's very simple, and I ask for a favorable vote.
PRESIDING OPFICER: (SENATOR COLLINS) The question is# shall House Bill 244 pass. Those in favar Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have all voted who Wish? Have al1 voted who wish? Take the reeord: Madam Secretary. On that questionr there are 27 Ayes, 30 Nays, none voting Present. Having failed to received the required constitutional majority, House Bill 244 is declared lost. Postponed Consideratlon? House Bill 298. Senator Luft. Read the bill, Madam Secretary. SECRETARY HAWKERI House Bill 2-9-8. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Luft.
12 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Thank you, Madam President. House Bill 298 provides that cities or counties that establish enterprise zones shall have the authority determined by Statute whether all property or just some property shall receive building materials exemption for incorporation in enterprise zones, and as amended by Senator Cullerton, sets up a procedure for taxing sports figuresê salaries when they are performing in the State of Illinois. PRESIDING OPPICER; (SENATOR COLLINS) Any discussion? If not, the question isz shall House Bill 298 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wish? Have a1l voted who wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Nays, none voting Present. Havinq reeeived the required constitutional sajority, House Bill 298 is deelared passed. House Bill 562. Senator Jones. Read the bill. Senator -- Senate -- Senate Bill -- House Bill 580. jenator D'Arco. Read the bill, Madam Secretary
House Bill 580. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator D'Arco.
Thank you. Madam President: this bill is another vehicle bill, but this bill -- this bill ls for the IRAPP legislaeion, we need it. And I don't know of any oppositlon to this bill. Commonwealth Edison doesn't care about this bill. It's for poor people. They don't care about it.
PRESIDING OFPICER: (SENATOR COLLINS) Diseussion? Senator Macdonald.
STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Thank you, Madam President. Well, I do care about poor peoples and I do think that this vehicle bill is necessary, and I think it's a great bill, and I hope youlll vote Yes for it.
PRESIDING OFPICER: (SENATOR COLLINS) The question -- Senator DlArco: to close. Senator D 'Arco. Are you on -- you have difficulty?
Roll call. Roll call.
PRESIDING OFPICER: (SENATOR COLLINS) The question isz shall House Bill 580 pass. Those in favor will vote Aye. Opposed, Nay. The votinq is open. Have all voted who wish? Have al1 voted who Wish? Take the record, Madam Secretary. On that question, there are 57 Ayesz no Nays, none votinq Present. Having received the required constitutional majority, House Bill 580 is declared passed. In the middle of Page House Dill 760. Senator Berman. House Bill 801. Senator Jerome Joyce. J.E. Joyce, I'm sorry. Jeremiah Joyce. House Bill 969. I'm sorry. House Bill 841. Senator Jerome Joyce. Read the bill.
House Bill 841. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Joyce.
Thank you: Madam President. House Bkll 841 amends the Historic Preservation Act to exempt projects that are llcensed by a State agency from notification and approval requirements of the Historic Preservation Act. This is -- this is brought to me by the Homebuilders Association. They are maintaining that it takes so much time and money that it adds about approximately a thousand 14 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 dollars to the cost of a home to get this built. Also there is an amendment from the CDB saying that it has to be economically feasible - the alternatives. So it's someWhat controversial. In fact, ie's very controversial, and the Homebuilders and -- and the State Preservation Agency have been trying to work something out, and so far they haven't. This is the Romebuilders' original bill, and if -- and tbe Governor's Office would lkke me to state that it's their intention to continue to try and work thinqs cut through the administrative rules process. Be happy to try and answer any questions.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Question for the sponsor. PRESIDING OFFICERZ (SENATOR COLLINS) He indicates he will yield. SENATOR dEL VALLE: Does the cost/benefit ealculation ln rehabilltatlon projects - does this apply only to situations where State funds are involved?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Joyce.
Okay. No, it's only -- no -- no State funds. It's where the State has to issue a permit. Thatfs -- that's what it's doing. It's a private undertaking. if you're building a home. You have to set a permik from the Hkstoric -- or from the what -- Archeological and -- and then the Historic Preservation Act. And the Homebuilders maintain that it takes so long to get this done, and the cost that it -- that adds to the price of a home.
PRESIDING OFFICER: (SENATOR COLLINS) Senator de1 Valle. SENATOR dEL VALLE: 15 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26e 1991 The Capital Development Board has indieated to me that this does not affect private developers with Historic Preservation concerns. So that -- that statement is not acaurate?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Joyce.
Well: would you repeat that. I don't think itls aecuratee no.
PRESIDING OFPICER: (SENATOR COLLINS) Senatar del Valle. SENATOR dEL VALLE: The sponsor has answered my questlon.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Geo-Karis.
Mr. -- Madam President, Ladies and Gentlemen of the Senate. I rise to speak in favor of this bill, because currently the Historical Preservation group does not evaluate State projects with regard to financial considerakion. And I think this bill will consider the economic impact of its decisions and proposed State projeets, and think that's a very necessary item. so I speak in favor of the bill and support
PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson.
Xes. Thank you. I also rise in support of this legislation. What happened several years ago -- we passed a bill that said that and required that an argheological study be done on property before development. And what's happened is its broad brush has Mone through here as far as tbe interpretation of the legislation, and the intent differs eonsiderably. What's happened is the small homebuilders and developers now have to have a archeological study 16 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 done on each -- eaeh lot that they build a -- build a home. As a result, as the sponsor says, this -- this ties up the -- the development for a a lonq period of time. It's very costly. Tf you find an arrowhead or a piece of pottery or something like this on the property, further studies have to be done. S9 this was never really the intent of the legislation originally, and a11 this does is clear up that -- tbat concern, and I rise in support of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Weaver.
Thank you, Madam President. Question, Senator Joyce. I wasn't quite clear, Senator Joyce, whether the -- the Homebuilders have signed off of this, or whether there are still some that are opposed to it. Can you clarify? PRESIDTNG OFFICERI (SENATOR COLLINS) Senator Joyce.
Yes. Senator Weaver, this is the Homebuilders' bill. This is exactly What they Want. It's not What the Historic Preservation Agency wants. You know, theydve tried to negotiate, to no avail. So this is the Homebuilders' original bill.
PRESIDTNG OFFICER: (SENATOR COLLINS) Further discussion? Senator Rock.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition, in part, guess. I'm opposed to Amendment No. 2, and I have been advised, as a matter of factz in a phone call quite early this morning, that had this amendment been in place, there probably Would not - Senator Davidson, there probably would not - have ever been a purehase and restoration of the Dana Thomas House, because thls says that the Capital Development Board STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 can only do this kind of stuff if it's economically feasible. And by nobody's imagination .was the Dana House purchase and restoration economically feasible. It was the riqht thing to do, but under this new-found authority or neW proposed authority by the Capital Development Board, simply Would not have happened. I am advised that the Historic Preservation Agency is violently opposed to this amendment. I have suggested to Senator Joyce that -- that perhaps it would be in everybody 's best interest to try to get the representatives from the Historieal Society and the Landmarks Preservation and the Homebuilders a11 to sit down in a little room and say, ''Look it. You know, d- on't -- don't present us with problems that you feel are insoluble, because our judgment is theyîre not insoluble.'' And I think that's the -- I -- so I'm going to withhold my vote on this.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Topinka.
Xes. Madam Presidentr Ladies and Gentlemen of the Senate. Having been involved in this issue at the beginning, beeause it starts life with a bill that I introduced about two or two to four years ago, in terms of trying to save Illinoisl heritage, in terms of its background and primitive peoples and thinss of that sort. We have sat down with the Homebuilders extensivelyy and very fair compromises have been worked out. Each and every one of these compromises has been rejected. and new bills have been put in, or new amendments have been put onto bllls to exempk them totallye so that they are not part of the process. think the Illinois Department of Historic Preservation has bent over backwards in trying to achieve a fair permitting process one that could turn around qulckly - one that would not impose any type of problematie time periods for these people. But they would still rather go the hard-ball approach and shove something through 18 - v - - > ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 this. I would point out, it does put Illinois' history at risk, and everybody makes their choice accordkngly.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.
Thank you, Madam President. This Would, in fact, make history for the State if we Would not do something as suggested in House Bk11 841. What we're talking about is are we going to support housing starts or, as it is now, housing stops? A11 of those on the other skde of the aksle, as welk as those on this side of the aisle, are for, Ifm sure, keeping government out of stopping and sticking its nose into things. Thls bill does exactly that. you want to lessen government's involvement in private projects, you Would vote Aye for this. I just hope we have enough to pass this bill. Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Alexander. Senator Joyce, to close.
Ask for a favorable roll eall.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 84l pass. Those favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted Who wish? Take the reeord, Madam Secretary. On that question, there are 39 Ayes, 6 Nays, 7 voting Present. Having received Ehe required constitutional majority, House Bill 841 is declared passed. House Bill 969. Senator Jones. House Bill 1092. Senator Lechowicz. Senator Keats, for what purpose...
Thank you, Madam President. On that last bill, guess just gotten rusty hitting my switch. I did not vote. Had 19 STATE OP ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 had it gone right, I was voting Yes.
PRESIDING OFPICER: (SENATOR COLLINS) The record Will so show. House Bill 1196: on the Recall List. House Bill 1216, Recall List. House Bill -- at the bottom of Page -- House Bill 1220. Senator Rea. Top af Page 8. House Bill 1282. Senator Priedland . I mean 1288. I'm sorry. House Bill 1297. Senator -- House Bill 1312. Senator D'Arco. Read the bill, Madam Secretary .
House Bill 1312. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR COLLINS) Senator D'Arco .
Thank you. Madam President: 1312 requires the disclosure of utility payments, paid in renty to be made to tenants. It requires the landlord to provide tenants and owners, in writing, the formula used in allocating public utility payments among tenants. And it provides other -- other things, but basically, thatfs it, and I Would ask for a favorable vote.
PRESIDING OFPICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 1312 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Take the record, Madam Secretary. On ehat question, there are 56 Ayes, no Nays, none voting Present. Having received the required conseitutional majority, House Bill 1312 is deelared passed. House Bill 1352. Senator Hawkinson. Read the bill, Madam Secretary.
House Bill 1352. 20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 ! I (secretary reads title of bill) I l 3rd Reading of the bill. i ' PRESIDING OFFICER: (SENATOR COLLINS) Senatar Hawkinson. Senator Hawkinson. l SENATOR HAWKINSON: Thank you, Madam President. This bill Was suggested by the Department of Public Aid and provided for direct child support payments through the clerks to the Department. However, there have been some concerns raised at the last minutes, so yesterday We amended this bill to make it strictly a shell bill, with the intention to send it to conference committee and -- and wait a possible agreement betueen the Department and the couney clerks. I would ask for a favorable vote. PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 1352 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have a1l voted who wish? Have all voted who wish? Take the reeord, Madam Secretary. On that question, there are 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 1352 is declared passed. House Bill 1449. Senator Macdonald. Read the bill. SECRETARY HAWKER: House Bill 1449. (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDING OFFICER: (SENATOR COLLINS) Senator Macdonald. SENATOR MACDONALD: Thank you, Madam President. House Bill 1449 is the result of long negotiations between the Department of Nuclear Safety and also the utility companies. This continues the funds - the tipping funds - that are necessary to carry on the inspection of 21 STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 the thirteen facilities that are existin: in the -- nuclear reactors that are loeated in Illinois. The -- the amounts are a compromise agreed upon by the Department and the utilities, and I would ask for your approval of this bill.
PRESIDING OPFICER: (SENATOR COLLINS) Diseussion? not, the question is, shall House Bill 1449 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who kish? Have all voted Who wish? Take the record, Madam Secretary. On that question, there are 58 Ayes, no Nays, none voting Present. Havinq received the required constitutional majority, House Bill 1449 is declared passed. House Bkll 1478. Senator Leverenz. Read the bill, Madam Secretary.
House Bill 1478. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SCNATOR COLLINS) Senator Leverenz.
Thank you, Madam President. The -- House Bill 1478 now does tWo distinct things dealing with park districts. The original bill, which was brought forth by people involved with park districts, allows for establishing a baseline requirement of twenty percent of the legal voters to petition the district for dissolution. And secondly, the amendment that we put on kakes care of another glitch in the law, and thak is khere a term a person gets elected today, sworn in# and a month later, resigns. It provldes for the filling of that vacancy. Answer any questions you might have. Ask for yaur Aye vote to pass the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Geo-Karis. 22 STATE 0F ILLIROIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 51st Legislative Day June 26, 1991
Will the sponsor yield for a question?
PRESIDING OFPICER: (SENATOR COLLINS) He indicates he Wi11 yield.
Under your bill, you are taking the right away from the leqislation that's already in -- in in effect to -- where two-thirds of the legal voters that voted in the last preceding park district election for the commissioner who receives the greatest number of votes, to vote to dissolve a park district. And what youîre doing noW - you're asking that at least twenty percent of the legal voters of a district, which is a much larger number than those that vote in park board elections: be gotten before you can dissolve a park distriet. Mr. President and Ladies and Gentlemen of the Senate, I tbink that this is an awful onerous amount of voters. I thknk we should leave the -- the Iaw the lay it was. don 't think this is qood legislation, to crimp the style of voters, where there's park districts that spend so mueh money. They are a governmental entity in themselves, and with this tax crunch that we have, I think itls necessary we tighten our belts, and I think the park district should tighten their belts, too. I speak against the bill.
PRESIDING OFFICER: (SENATOR COLLTNS) Further discussion? Senator Fawell.
Well, this bill actually is a -- is a -- is a Park Association bill. It does two things. It -- it says that the number of voters needed to sign a petition to dissolve the park distriet would be at least twenty percent of the legal voters, which think is a logical suggestion by the parks. I think there should be at least twenty percent if we're going to dissolve a park district. The other thing that the Park District Association 23 STATE OF ILLINOIS 87th GENERAL ASSEXBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 suggested was that if there is a vacancy -- there is a vacancy in a term of a of a Park District board member with more than kwenty-eight months left in the term, but less than eighty-eight days before the next scheduled election, the person appointed to fill the vacaney shall hold office until the second regularly scheduled election, instead of having a -- another election. It just seems to me that, too, is logical. As Minority Spokesman on Local Government, I think we should support this bill. I think it's a good bill, and I think the amendment is good.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? I mean, Senator Leverenz, to close.
I thank youy Madam President. I agree With Senator FaWell wholeheartedly. Lcgic should rule in this case, and I would ask for your Aye vote to pass the bill.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 1478 pass. Those in favor wi11 vote Aye. Opposed, Nay. The votinq is open. Have all voted who Wish? Have a1l voted Who kish? Take the record, Madam Secretary. On that questlon, there are 39 Ayes, 13 Nays, none voting Present. Having received the required constitutional majority, House Bill 1478 is declared passed. House Bill 1514. Senator Leverenz. Read the bill. SECRETARY HAWEER) House Bill 1514. (secretary reads titte of bkll) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Leverenz.
I thank you, Madam President. The -- the bill now has the agreed amendment that we have put on# that is Worked out with the 24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legtslatike Day June 26, 1991 EPA , establishin: the procedures on the recyclinq of materials. Answer any questions that you might have on the billw and ask for your Aye vote to pass this good, aqreed piece of legislation at this time.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question isy shall House Bill 1514 pass. Those in favor will vote Aye. Opposed: Nay. The voting is open. Have all voted Who Wish? Have al1 voted who wish? Take tbe reeord, Madam Seeretary. On that question, there are 57 Ayes: no Nays, none voting Present. Havin: received the required constitutional majority, House Bill 1514 is declared passed. House Bi11 1580. Senator Brookins.
Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) For what purpose do you rise?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR COLLINS) State your point: please.
I see that Senator Keats is back into the legislature after bein: ill, and that he had removed the -- Pate Philipfs foot from his rear end, and we're just glad to get him back here.
PRESIDING OFFICER: (SENATOR COLLINS) Welcome back, Senator Keats. Middle of the page. House Bill 1587. Senator Alexander. House Bill 1632. Senator Dunn -- Thomas Dunn. Read the bill.
House Bill 1632. (Secretary reads title of bill) 3rd Readlng of the bill. 25 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 51st Legislative Day June 26, 1991
PRESIDING OFFICER: (SENATOR COLLINS) Senator Dunn.
Thank you, Madam President. This bill would permit the Department of Corrections to conduct a pilot literacy program, and there is no -- no cost to this, unless we appropriate the money for it next year. urge an Aye vote.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 1632 pass. Those in favor will vote Aye. Opposed, Nay. The voking is open. Have all voted who Wish? Have a11 voted who wish? Take the record: Kadam Secretary. On that questton, there are 59 Ayes, no Nays, none voting Present. Having reeeived the reguired constitutional majority, Bouse Bill 1632 is declared passed. House Bk1l 1685 - on a Recall List. House Bill 1692. Senator Schuneman. Read the -- House Bill 1696. Senator Welch. Read the bill, Madam Secretary.
House Bill 1696. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch.
Thank you, Madam President. This is a bill that We passed out earlier in the year with one additional amendment. What the bill does is require that electrlc utilities purehase electrlcity from public-owned hydroelectric producers at the Wholesale rate . The purpose of the bill is to encourage a clean source of energy that is, energy created by hydroelectric power - the power from water spinning fans at dams and creating eleetrieity . An amendment to the bill also allows for Madison County to have a 26 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SCNATE TRANSCRIPT 51st Legislative Day June 26, 1991 hydroelectric power plant that ls more than fifteen megawatts - up to eighty megakatts. These plants - should this bill pass except for the Alton plant, will not go ints effect -- will not be built and ready to Work until the year 2000. About
PRESIDING OFFICER: (SENATOR COLLINS) Excuse me. Excuse mey Senator Welch. Can we have some order, please. The noise level is so high, I can't even hear up here. So will you please take your -- Senator Sehaffer: wkll you please -- will ycu all please take your conferenees off the Floor so that we can reduce the noise level in here, we can hear what is being said. I'm sorry, Senator Welch.
Thank you . As I kas saying, it will take eight years for the plants to be construeted and on-linee with the exception of the Alton plant, which is -- Wil1 be ready to go in about two to three years. We just went through a -- a conflict coneerning energy in the Gulf. I think this is a proposal which will help us to be enerqy efficient; it's something that we should be moving towards. I'd be qlad to answer any questions.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Rock.
Thank you, Mr. -- Madam President, Ladies and Gentlemen of the Senate. I rise in opposition to House B1ll 1696, as amended. And for years around here: we have been hearing, at least the allegation, that we have, indeed, excesg capacity. If We have excess capacity, what in tbe world are we dokng engaging kn tbks exercise for? As I understand the bill, and I am not usually subject to the importuning of the Illinois Manufacturers' Association, but seems to me they have a very valid point - that we are -- Will be incurrinq probably an extra fifty- to sixty-million-dollar cost on utility customersz Which Will be 27 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 spread just so we can engage in the exercise of buildin: these plants and guaranteeing these plant owners a profit. And the question is, for what? Why are We doing this? Not necessary. Seems to me that the better discussion would have been, at this point in the year, that We ought to be talkin: about waste to energy facilitkes not hydroelectric - Waste to energy, so that at least there is some justiftcation for the sale of that energy to a utility, that it is alleqed, has excess capacity. This one, there is no justification: except profit to the person who builds the plant. I think this is a bad idea, and I Would urge a No vote. You're Ealking about incurring additionaly substantial costs that are goin: to be spread to your constituents and mine, for what? I urse a No vote.
PRESIDING OPFICER: (SENATOR COLLINS) Purther discussion? Senator Rea.
Thank you, Madam President. I also -- rise in opposition to this bill, and especially at a time Whenever we have the Clean Air legislation that's been enaeted, and there -- addition to not only having the excess capacity noW - which has been explained now is not really the time for the ratepayers to also pay for a new capacity. So I Would ask that the timing of this type of this legislation is untimely and should be delayed.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Lechowicz.
Thank you: Madam Presidenty Ladies and Gentlemen of the Senate. 1, too, stand in opposition to House Bill 1696. When the sponsor was in khe process of trying to gather support for this piece of legislation, I told him I would oppose because of the fact that the cost w1ll eventually be absorbed by the consumers, and especially in my respective area. Let me point out to you a 28 STATE 0F ILLINOTS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 letter I received from the Illinoks Manufacturers' Association, signed by Mr. William Dart, stating that any way you cut 1t, this legislation proposal in House Bill 1696 will result in an increase in cost for the utilities which, by the very nature of the beast, will be passed on to the consumers. And that and the people that IMA represent are big users and the big losers. the concept to advocate is valid, there is no reason why it should be subsidized by the ratepayers. And he also indicated a 2.5 million dollar profit for the clients based on each ten megawatts of power. Right up front then, the ratepayers are going to absorb ehat cost of profit for to -- the consumer. Then based on a growth, you indicaked of an averaqe of *en megawates of power on line per year, over the next s1x -- seven to ten years, we would see electric consumers ultimately picking up an addltional fifty to sixky million dollars per year of their profit :oin: to the clients. I think President Rock is absolutely right on target when he mentioned that figure. just wanted to say that exactly where that figure came from, and I would hope that this Body would reject this cost increase to the consumers of Illinois. encourage a No vote.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch, to close.
Thank you. Well, let me answer some of the misinformation that just has been given by the last three speakers. Senator Rea suddenly stands up and is representing the consumer, beeause he doesn't want an additional? approximately fifteen cents a month added to to a utility bill? This is the same fellow who -- who's going to raise a buck or two bucks a month for the coal bill. So it's kind of interesting that he's going to save us fifteen cents, but wants us to pay tWo dollars. Senator Rock's argument is that there's excess capacity. That's true. In 1991, 29 STATE OF ILLINOTS 87th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 that's true. These will not be on-line until 1999 or the year 2000. And if there's going to be excess capacity: then why do three out of the four utility companies have on file, With the Illinois Commerce Commission, a certificate of need stating that they will not have sufficient capacity eight years and nine years from now? They are admittinq there Will not be sufficient capaeity. Why do they then oppose a bill that will generate more capacity? The obvious reason is that they want to build more nuclear power plants, because the more you build, the more capital you have in your company, and then you can raise rates based on the amount of capital. So to say that we have exeess capacity noW only tells half the story. This is a bill looking toWards 18 1999 and the year 2000. The lead time on this is -- is tremendous. As far as the cost - it may cost fifteen cents a month: but if you allow hydroelectric power to be created in the State of Illinoise you lre goin: to save the cost of building a nuelear power plant. Each company wants to do more building. That's how they get more capital. That's hoW they get more money back from the Illinois Commerce Commission. If we avoid another nuelear power plant building fiasco that happened in the 1970s, wetre going to save more ehan the fifteen cents a month. So I see this bill as saving consumers money, not costing consumers money. I think this is a good bill. I think that you can vote for this and say that you saved consumers money in the long run. Wedve :ot to think beyond the next year. Wedve got to think for the rest of the decade and the decade beyond. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall House Bill 1696 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a11 voted kho wish? Take the recordy Madam Seeretary. On that question. there are 21 Ayes, 30 Nays, 1 voting Present. Having failed to receiùe the required constitutional 30 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Leqislative Day June 26: 1991 majority, House Bill 1696 is declared losk. House Bill 1733. Senator Luft. Read the bill, Madam Secretary.
House Bill 1733. (Secretary reads title of b11l) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Luft.
Thank youy Madam President. This bill is rather lengthy and technical. 1'11 try to :et through it as fast as I can, and if there's any questions, 1.11 attempt to answer them. The first part of this bill restricts the investment eapital tax of those assets that are dedicated to provide -- providing utility service, rather than the entire assets of a business. It exempts a buildin: operator of an apartmene or office building, who purchases or resells electricity to the tenants of the building, from paying the investment capital tax base. We allow employers eo file forms W2 and W2P via magnetic tape. Records from optical disc storage are considered to be original documents. Enabling language is added to permit taxpayers to file by electronic fund transfer. The bill specifies that the investment capital tax shall not be imposed on any entity that is not regulated by the ICC. Revises the deadlines for filing a copy of ordinance imposing a home rule sales tax. Specifies that property used in Illinois by a business that has moved into a staEe shall not be subject to use taxes, if such property was used in another state for at least three months. Excludes the circuit breaker checks sent by khe Comptroller. Any reguirements that a mailing of fifty thousand -- or more contain CUB. The bill also reduces the number of interest rates and penalties imposed by the Department of Revenue to seven penalties and one interest rate. That one 31 STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 interest rate will be the present ten percent IRS underpayment interest rate -- ehe rate is now ten percent. And we speaify in the bill six different penalties for fraud, neqligence, failure to file, failure to pay, and failure to file. am also asked to read in, for legislative intent, the following: The definition cf reasonable cause for an audit deficiency penalty will be easier for a taxpayer to meet than the standard for a neqligence penalty. And since 1986, there has been an automatic penalty applied to audit deficiency findings. The Department has agreed the Department being the Department of Revenue has agreed to reevaluate the whole concept of the automatic penalty if monitoring by the Department finds that it fails falls inordinately and unfairly on taxpayers who have neither the time nor the resources to protest a penalty. And finally, the Department will strongly consider rules that would delay the imposition of the automatic penalty, unless and until there is an administrative hearing. I'd try to answer any questions. Otherwise, I'd ask for a favorable vote on House Bill 1733.
PRESIDING OFFICER: (SENATOR COLLINS) senator Rigney. No. Purkher discussion? If not, the question is, shall House Bill 1733 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take the record, Madam Secretary. On that question, there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 1733 is declared passed. Top of Paqe 9. Hause Bill 1776. Senator Rea. Read the bill.
House Bill 1776. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR COLLINS) 32 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senator Rea.
Thank you, Madam President. I would ask for leave to be able to return back to House Bill 1776.
PRESIDING OFFICER: (SENATOR COLLINS) Leave -- Senator Rea asks leave. House Bill 1838. Senator Luft. Senator Luft. Read the bill.
House Bill 1838. (Secretary reads title of bill) 3rd Reading of the bill.
PRESTDING OFFICER: (SENATOR COLLINS) Senator Luft.
Thank you, Madam President. Thls bill affects the Village. of Carol Streamw and it just simply revises the requirement regarding -- contributions from from sources other than property taxes. Apparently, the Village of Carol Stream did not levy a property tax and wishes to meet the ten-percent matching contribution from sources not generally associated with funds that were TlF-generated revenue. So We just allok them to use revenues that were not originally designed to meet the ten-percent requirement. Senator Jacobs put amendment on which clarifies the existinq initial application, and after a certain time: I believe that there is no ability to make an objection to the creation of that district after a certain period. I again will attempt to answer any questions. Qtherwise: ask for a favorable roll call on House Bill 1838.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 1838 pass. Those in favor wtll vote Aye. Opposed: Nay. The voting is open. Have a11 voted who kish? Have all voted kho kish? Take 33 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 the record, Madam Secretary. On that queskion. khere are 57 Ayesy l voting Nay, none voting Present. Having received the required eonstitutional majorlty, House Bill 1838 is declared passed. House Bill 1910. Senator Kelly. House Bill 1918. Senator Jacobs. House Bill 1935 on Recall List. House Bill 1960. Senator Brookins. Read the bill.
House Bill 1960. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Brookins.
Thank you, Madam President. Senate <skc> Bk11 1960 is a vehicle bill. Welve added an amendment to it to send over and send -- put it in eonference. I ask a Do Pass motion.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, sball House Bill 1960 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who wish? Have a11 voted who Wish? Take the record, Madam Secretary. 0n that question, there are 58 Ayes, no Nays, voting Present. Having received the required constitutional majority, House Bill 1960 is declared passed. House Bill 1971. Senator Jones. Read the bill. SECRETARY HAWEER; House Bi1l 1971. (Secretary reads title of bill) 3rd Reading of the bill.
PRESTDING OFFICER: (SENATOR COLLINS) Senator Jones.
Xeah. Thank you, Madam President and Members of the -- of the 34 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senate. House Bill 1971, as amended, is a a bill to deal with with the cleanup we may need as relate to a11 the various licensure acts that are currently on the book. It's a vehicle bill to deal with that as Well as we have in ehe Referenee Bureau language being drafted to deal With the problem we have as it relate to counselorsr as relaEe to foreign immigrants in this country. This is what this bill is for, and I ask for a favorable vote.
PRESIDING OFPICER: (SENATOR COLLINS) Further discusslon? If not, the question is, shall House Bill 1971 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all vqted who wish? Have a11 voked who wish? Take the reeordz Madam Secretary. On that question, there are 53 Ayesy no Nays: voting Present. Having received a required constitutional majority, House Bill 1971 is declared passed. House Bill 1995 on the Recall List. House Bill 2022. Senator Karpiel. Read the bill, Madam Secretary.
House Bill 2022. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Karpiel.
Thank you, Madam President. House Bil1 2022, as amended, Will allow the Department oE Nuclear Safety to recoup any possible expenses that they incur in, not necessarily the the material on -- on the Kerr-McGee Factory site, but at -- on the off sites that are around in the town. This Will allow them to 9et Kerr-McGee to pay them . They can charge a -- a fee for kheir costs in monitoring or cleanup.
PRESIDING OFFICER: (SENATOR COLLINS) 35 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Discussion? If not, the questlon is, shall House Bill 2022 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted Who Wish? Have all voted who wish? Take the recordy Madam Secretary. On that questionz there are 58 Ayes, no Nays, none voting Present. Having received the required eonstitutional majority, House Bill 2020 <sic> (2022) is declared passed. House Bill 2118. Senator Brookins. Read the bill.
House Bk11 211:. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Brookins.
Thank you. Thank you. This btll is an agreement between the Community Bankers Association and the Treasurer's Office. The bill would allow banks ln Cook County and contingent counties to have an additional six automatic teller machines, if three of those machines are loeated low-income areas in Cook County . Ask for a favarable vote.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Demuzio.
I -- I -- think I'm correck, and I Wish to pose this. question to Senator Brookins. And that is, that this is only applicable now in the County of Cook. Is tbat correct?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Brookins.
Yes. That is correet.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If noty the question isy shall House Bill 36 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislatkve Day June 26y 1991 2118 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who Wish? Take the record, Mr. Secretary. On that question, there are 54 Ayes, Nay, 3 voting Present. Havin: received the required constitutional majority, House Bill 2118 is declared passed . House Bill 2125 is on the Recall List. House Bill 2134. Senator Joyce. At the top of Page 8. House Bill 1288. Senator Prkedland. House -- top of Page 10 on your Calendar. House Bill 2149. Senator Savickas. Read the bill.
ACTING SECRETARY: (MR. HARRY) House Bill 2149. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Savickas.
Yes. Madam Chairman and Members of the Senate, a11 House Bill 2149 does is require the Illinois Commission on Intergovernmental Cooperation to conduct public hearings on State mandate infarmation under the Department of Commerce and Community Affairs' reeommendations. I would move its adoption.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? If not, the question is, shall House Bill 2149 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have a11 voted who wish? Take the reeord, Mr. secretary. On that question, there are 59 Ayes , no Nays, none voting Present. Havins reeeived a required constitutional majority, House Bill 2149 is declared passed. House Bill 2169. Senator Savickas. Read the bill.
ACTING SECRETARY: (MR. HARRY) House Bill 2169. (Secretary reads tktle of bill) 37 STATE OP ILLINOIS 87th GENERAL ASSEMBL7 REGULAR SESSTON SENATE TRANSCRIPT 51st Legtslative Day June 26y 1991 3rd Reading of the bill.
PRESIDINC OFFICER: (SENATOR COLLINS) Senator Savickas.
... the city on municipals. Yes. This House billy as amended, Hause Bi11 2169 the Department of Commerce and Community Affairs would maintain an index oe all home rule notes filed, and shall annually publish the home rule notes prepared for bills that become law, and it defines the home rule note within the Municipal Code as a definition provided in the Home Rule Note Act. It Was requested by our municipal councilz and I would move its passage.
PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? If not: the question is, shall House Bill 2169 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted Who Wish? Have a11 voted Who wish? Take the recordg Mr. Secretary. On that questiony there are 56 Ayes, 1 Nay: none voting Present. Having received the required constitueional majority, House Bill 2169 is declared passed. House Bill 2227. Senator Smith. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bi11 2227. (Secretary reads title of bill) 3rd Reading of the bill. PREbIDING OPFICER: (SENATOR COLLINS) Senator Smith.
Thank youe Madam President, Ladies and Gentlemen of the Senate. House Bill 2227 merely authorizes the Comptroller to deposit Public Aid payments for Articles 3, 4, 6 and 10 recipients into electroni? benefit transfer accounts. Establishes a five-year case management service pilot program for 38 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Medicaid-eligibley pregnant or pre-parenting qirls under the age seventeen.
PRESIDING OFPICER: (SENATOR COLLINS) Purther discussion? If not, the question is# shall House Bill 2227 pass. Those in favor Will vote Aye. Opposed, Nay. The voting ls open. Have al1 voted who wish? Have al1 voted who wish? Take the record, Mr. Secretary. Un that question, khere are 59 Ayes, no Nays: none voting Present. Having received the required constitutional majority, House Bill 2227 is declared passed. House Bill 2228 <sic>. Senator Jones. Read the billz Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bill 2282. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones.
Thank youe Madam President. In the interest of reducing the load on the Calendar, I move to re-refer House Bi11 2282, as amended, back to the Insurance, License and Pensions Committee Ksicl.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones has moved to refer House Bill 2228 <sic> back to the Insurance, License and Pension Committee <sic>. A11 in favor, indieate by saying Aye. Opposed. Nay. The motion carries. Rouse B1ll 2292. Senator I meanz House Bill 2295. Senator Cullerton. Read the bill.
ACTING SECRETARY: (MR. HARRY) House Bill 2295. tsecretary reads title of bill) 3rd Reading of the bill. 39 STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
PRESIDING OFFICER: (SENATOR COLLTNS) Senator Cullerton.
Thank youw Madam President, Members of the Senate. This bill amends the Lead Poisoninq Prevention Act. Lead, as you know: is a very potent poison that can affeet individuals in any age group, but children are particularly vulnerable because of their rapidly developlng nervous system, and they are also exposed to lead more than adults. In Illinois right now, we have sixty-seven thousand children who are screened by local health departments for lead poisoning: and there's twelve hundred cases of lead poison that are identified. Unfortunately, there is -- it's estimated that there are twenty-eight thousand preschool children in Illinois that have significant lead poisoning. So the purpose of this bill is to require physicians to screen children ages six months to six years for lead poisoning; to'have the Department of Public Health establish guidelines for the removal of lead in the soil and residential buildings and day-care centers. The Department is supportive of khe bill, and I -- think it's a -- it's an excellent bill that should help save some lives. So I Would urge an Aye vote, and be happy to answer any questions. PRESIDING OFFICERJ (SENATOR COLLINS) Diseussion? Senator Topinka.
Yes, Madam President. May I ask a question of the sponsor?
PRESIDTNG OFFICER: (SENATOR COLLINS) He indicates he will yield.
Could you run through for us once more What Amendment No. 2 d1d to this bill, because Department of Publie Health was totally on board and very supportive. Now they're a bit queasy, 'cause they're just not quite sure where you're goin: with Amendment No. 40 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 2.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
ïes. I -- I know that they did not have a chance to look at it, and -- but I -- I can -- I've assured them that I believe that it no way affects their support for it. But it -- the amendment Was put on as a result of some discussions With the Homebuilders. And the first thing it did was to add dust to the definition of lead dust on surfaces or on furniture or other nonpermanent elements of the dwelling. It also referred to a definition that is similar to the one that HUD uses for the purposes of lead. It talked about an integral element of these procedures shall be an education and training program prescribed by the Department, which shall include, but not be limited to, scientific sampling, chemistryg and construction techniques. And that amends that portion of the bill that deals with the Department developing guidelines towards prevention of this. So 1 -- I think Ehat an amendment which is -- as I saidz Was done at the requesty after discussions with the Homebuilders, and the Department should not be in any way concerned about it.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Schuneman.
W1l1 the sponsor yield?
PRESIDING OFPICER: (SENATOR COLLINS) He indicates he will yield.
senator, this is my first look at this bill, but as read our analysis. it indicates that day-care centers and schools apparently are going to be required to secure proof of lead screeninq. Is that -- is this a new provision and -- and mandate 41 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 on schools, that they require this information?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Yes. They Will have to show, before they are admitted, that they've had this screening. I believe it's done right noW for certain types of diseases. think you have to get before you put your kid in a day-care program or a preschool program - you have to show that they have had immunization proof, and this along the same lines.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Schuneman.
Well, wedre having a 1ot of difficulty in downstate Tllinois keeping what few day-care centers we have and keeping our schools open. Will -- the parents, I assume, are going to have to qet this screenin: and pay for Whatever the cost is of the screening. Is that correct?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Yes. It costs six dollarsz and covered by Medicaid and private knsurance coveraqe. And I understand, Senator, that you have to get -- you have to show proof right now that yau have certain immunizations. And this is jusL right along the -- the same iines. So don': believe in any way that it's a onerous burden on the parents. And as indicated, there are it's estimated there are twenty-eiqht thousand preschool children who have significant lead poisoning, and we are only detectinq twelve hundred of them. So thatfs what the purpose of the bill is - to try to detect, at an early ager the levels - high levels - of lead poisoning. 42 STATE 0F ILLINOIS 87th GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
PRESIDING OFFICER: (SENATOR COLLINS) Senator schuneman.
Well -- okay. My concern about the bill, I guess, is that we are mandating another test on schoolchildren, and if is warranted, I have no problem with that. It -- itfs a Statewide requirement. I guess my impression of the lead poisoning usually is one that -- that deals With a child grouinq up in tenements and -- and really bad circumstances - bad living eonditions Which are more prevalent in the large cities than they are throuqhout the rest of our community. And I -- and I guess I have a concern as to why we're making it applicable everywhere in the State, When I really don't believe it's much of a problem in the part of the State that I live in.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Cullerton' to close. SENATOR CULLERTON; Well, let me just àndicate that lead paint had been used up until 1978, and that -- so any housing stock that has -- built prior to that is likely to have had this lead poisoning or lead in in the -- the paint. And as a result, it -- it's something that ean affect the entire State. And as I indicated, it's not a small problem . There are as estimated by the Department of Public Health twenty-eight thousand preschool children who actually have the poisoning. The only way to detect it is to screen it. It's not a -- obtrusive procedure. It's not an expensive procedure, and it's something which will obviously prevent the -- Rore people from obtaining the poisoning. So think it's an excellent idea, and I'm -- I just very strongly urge your support and support the Department of Publkc Hea1th kn thekr support of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) 43 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 The question ks, Shall House Bi11 2295 pass. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have all voted who Wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 41 Ayes, 6 Nays, 4 voting Present. Having reeeived the required constitutional majority, House Bill 2295 is deelared passed. House Bill 2362. Senator Luft. House Bill 2465. Senator Hall. Read the bille Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bil1 '2465. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Hall.
Thank you, Madam President and Members of the Senate. House Bi1l 2465 amends the Head and Spinal Cord Injury Act. And what currently reports -- that the administrators are made by hospitals Within thirty days of the identification of head and spinal cord injuries. This amendment is a recommendation of the Department of Health. The purpose of the amendment is to lessen paperwork for the hospitals. The Illinols Hospital Association supports this amendment. with -- with this bill -- supports the bill now, with the amendment on it. I ask your most favorable support of 2465.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not -- Senator Topinka.
Yeah. Does this amendment now become the bill, or do you continue to have your nurse's aide regkstry kn this, which you have not addressed?
PRESIDING OFFICER: (SENATOR COLLINS) 44 STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senator Hall.
If youdre referring to the nurse 's aide, it's still in there.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka. Purtber discussion? If not, the question is, shall House Bill 2465 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who Wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, House Bill 2465 is declared passed. House Bill 2491. Senator J .J. Joyee. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bill 2491. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Joyce.
Thank you, Madam President. This is House Bill 2491. It deals with the infectious waste problem - trying to incorporate the Governor's Task Force recommendations. We put an amendment on here to delete the effective date, to pass it over to the House, and get it in a conference committee so negotiations can continue to go on. I'd ask for favorable support.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall House Bill 2491 pass. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have a1l voted Who wish? Take the record, Mr. Secretary. 0n that question, there are 58 Ayes: no Nays, none votinq Presene. Having received the required constleutional majority, House Bill 2491 is declared 45 STATE OP ILLIKOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legkslative Day June 26, 1991 passed. House B1ll 2589. Senator Welch. House Bill 2592 - on the Recall List. House Bill 2611. Senator J.J . Joyce. Read the bill: Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bt1l 2611. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Joyce.
Yes. I'd like ask permisslon to refer this back to the Executive Committee.
PRESIDING OPFICER: (SENATOR COLLINS) Senator -- Senator Joyce has moved to refer House Bill 2611 back to the Executive Committee. Those in favor, indicate by saying Aye. Opposed, Nay. The -- the motion carries. Top of Page -- Will -- will the Members just stand at ease for a few minutes, please? END OF TAPE TAPE 2
PRESIDING OPFICER: (SENATOR COLLINS) ...tmachine cutoffl..owe began. We are going to go to the -- Order of Recall. We are getting *he list together, and it will be down shortly. So, be in your seats and be ready if you have a bill on the Recall List. Senator Watsony your light is on. Are you seeking recognition?
Thank you. No. 46 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislatkve Day June 26, 1991
PRESIDING OFFICER: (SENATOR COLLINS) .. . tmachine cutoffl..aResolutions.
ACTING SECRETARY: (MR. HARRY) Senate Resolution 593 offered by Senator Ralph Dunn. Senate Resolution 594 offered by Senator Topinkap as is Senate Resolution 595 and 596. Senate Resolution 597 offered by Senator Karpiel. And Senate Joint Resolukion 78 offered by Senator D tArco and all Members. Theydre al1 congratulatory and death resolutions.
PRESIDING OFFICER: (SENATOR COLLINS) Consent Calendar. Senator xarpiel.
Thank you, Madam President. I'd like to move for immediate consideration of Senate Resolution 597.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Karpiel moved to suspend the rule to have Resolution -- for the immediate consideration for adoption of Resolution 5-9-7. Is leave granted? Leave is granted. Senator Karpiel.
Welle I'd like to have immedlate consideration for -- of -- you know, Senate Resolution 597.
All right. Senator Karpiel has maved to -- A1l right. Senator Karpiel has moved to suspend the rules for the immediate consideration and adoption of Eenate Resolution 597. is a congratulatory resolution. Al1 in favor of the Motion to Suspend, indicate by saying Aye. A1l opposed. The Ayes have it. The rules are suspended. Senator Karpiel now moves the adoption of Sena*e Resolution 597. Discussion? If not, a1l in favor, indigate by saying Aye. Al1 opposed. The Ayes have it. The resolution's adopted. Ladies and Gentlemen, We are awaiting the arrival of 47 STATE OF ILLINOIS *7th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 the Recall List. There are one, twoz three, four, five, slx: seven, eiqht bills on the Recall List. Senator Weleh, for whae purpose do you arise, sir?
A point of personal privilege.
State your point.
like a11 of the Senators to pay attention for one second. Every year about this time we get inundated with paper on our desk, and this year we have a recycling bin wefre going to put on each side of the Chamber. This is the one qoing behind Pate Philip . This is for white paper only, though. They lre not able, yet, to take the colored paper. You can leave your staples and paper clips on there, but those of you Who are environmentally conscious and do not want to see a11 of this filling up our landfills here Springfield, please put your white paper in the back of the Chamber in one of these whiee boxes. Thank you.
Senator Geo-Karis, for wbat purpose do you arise?
Mr. President and Ladies and Gentlemen of the Senate, on a point of personal privilege.
State your point, please.
It's Ly pleasure today to have vtsktkng us, Marilyn Mauer from Peoria, Carilyn Testin from Plainfield, Mr. and Mrs. Floyd Krapf and Judi Keller. Mr. and Mrs. Krapf happen to be my secretary, Peg Bookerds, mother and dad, and Marilyn and Carilyn are her cousins - they're twins. Judi Keller is her sister. And Marilyn Mauer is Senator Carl Hawkinson -- I1d like you to Welcome them 48 STATE OF ILLIHOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Leglslative Day June 26, 1991 here today. PRESTDENT ROPEJ Will our guests please stand and be recognized? Welcome to Springfield. All right. Ladies and Gentlemen, Wedll turn now to khe Recall List. At the conclusion of the Recall List: we will go back through House Bills 3rd Readinq for the last timey and then there has been a request to :or obviously, to the Order of Consideration Postponed. I think there are twelve or thirteen matters on that list. Then, time time permitting, We will go to the Order of Concurrences to handle the substantive bills on Concurrence. The budget summiteers indicate theydre not quite ready to move on the budget bills. We turn ko Page 6 on the Calendar. On the Order or House Bills 3rd Readin: is House Bill 5-6-2. Senator Jones seeks 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 Readin: is House Bill 562. Madam Secretary.
Amendment No. 2 offered by Senator Welch.
PRESIDING OFPICER: (SENATOR LECHOXICZ) Senator Welch.
Thank you, Mr. President. Amendment No. 2 Would turn the bill into a shell bill for continuing discussion with the State Board of Education concerning the legislation. I Would move for adoption of Amendment No. 2.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any diseussion? Question is, shall Amendment No. 2 be adopted. Al1 in favor, signify by saying Aye. Aye. Opposed. Amendment No. 2 is adopted. Any further amendments?
Amendment No. 3 offered by Senators Jones, Collins, Brookins, 49 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislatëve Day June 26g 1991 Alexander and others.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.
Thank you, Mr. Chairman -- I mean, Mr. President and Members of the Senate. Amendment No. 2 Ksicl (3) is a permissive amendment, and What it does is give the local school 299, which is Chicago publie schools, permission, if necessary, to raise this levy for education from 2.11 to 2.61. The amendment will give the authority to the Board, they so desire, to increase its educational tax levy for the purpose of educabion. That's What the amendment does.
PRESTDTNG OFFICER: (SENATOR LECHOWICZ) Any dkscussion? The Centleman from Cook, Senator Raica .
Question of the sponsory please.
PRESIDING OFFICEZ: (SENATOR LECHOWICZ) Indicates he'll yield.
Senator Jones, is this a fifty cents tax levy by the Chicago school system to the homeowners of the City of Chicago?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.
Senator Raica, we do not have the authority to raise the tax levy for tbe Chieago schools. That is left to the Chicago schools itself to do. What this -- what this legislation does is raise the ceiling. does not raise the taxes - the ceiling, as such, and is left up to the local board to decide whether or not it kish to -- to increase its taxes to that level.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raica. 50 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
That's like waving candy in front of a kid and asking them not to take it, or trusting in his best nature that he won't take it. I think this is a bad idea. I don't think ke should allow them to do it, and I'd hope that We can ask for a No vote on this.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Collins.
I rise in strong support of this amendment. Maybe it is not the best idea, but I haven't heard any other ideas around here. It's very, very strange to me that someone can criticize the efforts of anyone in this Body to find and provtde the opportunkty and that's al1 this amendment does - to the Chicagc Schoal District in order to -- to get the necessary resources to open the school and to -- to implement the reform that all of you supported and urged and demand that take place in that system, and at the same time, provided no additional dollars in order to make sure that that reform was, in fact, successful. To have laws on the books. -without the. adequate resources in order .to fund .the necessary new programs to carry out the objective of the kntent of the -- of the Reform Act is a waste of time, and that's a11 we're doing. We're saying that We have no other alternatives. Let that decision be made at the local level by the Board . Welre not raising taxes. We are providing the opportunity, and this is a good amendmente and I think it should be adopted. PRESIDING OFFICERZ (SENATOR LECEOWICZ) The Lady from Dupage, Senator Karpiel.
Thank you, Mr. Pregident. Well, I rise in opposition to this. The Sehool Board -- Chicago School Board of Education can, if they wishy raise -- the maximum rates can be raised to four dollars, if by referendum . This is a way of bypassing ehe referendum 51 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 process and letting the people decide whether or not they want their property taxes raised. This is just a Way of increasing the maximum rate by which the Board can, without referendum, raise everyonels property taxes, and I think that's something that ke generally in this Legislature are opposed to. And I Would urge a No vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones, to close. Excuse me. I'm sorry. You just put your light on. Senator Brookins.
Thank you, Mr. President. I rise in support of this legislation. Xesy we say bypass a referendum and give them the authority to do it right away if they want to, because we don't have time for a referendum. We're talking about closing schools and schools closing a11 over the Clty of Chieago in September. ask for a favorable vote on thls. I think that We have been in meetings this morning with over seventy-five to eighty representative from across the City of Chicago that said to us, I'Do something. Do it now.'' This is a solution to that question. Thank you.
PRESIDING OFFICER: (SENATOR LECHOWICZ) WGN-TV requests leave of the Body to videotape its proceedings. Hearing no objection, leave is granted. Might as well give Channel 5 the same opportunity, WMAQ-TV. Senator Jones, to close. GENATOR JONE:: Thank you, Mr. President, Members ot the Senate.' As I indicated in my openinq remarks, this is permissive legislation. Wefve heard a11 the talk about Chicago schools, but one thing we have not talked about is revenue. Those of you who -- who represent distriets in the suburbs and downstate pay a very high tax rate for education. The City of Chicago educational tax rate 52 STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 is one of the lowest in the State for education. Many of the school districts across the State levy a tax for special education. Chicago does not. So the funds that come in for general education, many of those dollars are sipboned off to meet the federally mandated Special Education Program. Many of you levy a tax for transportation. City of Chicago does not. So all khe money that is required in excess of the reimbursement they receive from the State comes out of the Educational Fund for transportation. And we just got through debating here last week on the safety tax. Chlcago does not levy a safety tax. So for a11 the security and safety comes out of the general Education Pund. It is a disgrace for the over four hundred thousand children in Chica:o public sehool system that is drastically underfunded, and you who represent districts who pay a very high rate for education but will not even fight for -- to lift the eeiling to give the Board the authority to do so. We are in the waning days of ehis Session. see Mccornick Place. see a11 the deals being cut. I see the ship getting loaded. But we do not intend for that ship to leave the dock and leave the Chicago schoolchildren sitting there waitin: for someone to do something for them. This is permissive legislaeion. gives them the power, if they so desire, to increase the educational taxes for Chicago public schools, and I urge a favorable vote. It is permisslve, and you should be on this, because this is local control. If the local government decides they Want to do it# then they have the power to do such, rather than beinq strung ou* by a cap that permit them to do what they should do to educate the ehildren of the public sehools. And I ask for a favorable vote on this amendment.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Amendment No. 3 be adopted. A1l in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have a11 53 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 voted Who wish? Have all voted who wish? Please take the record. On this question, there are 29 Ayesr 26 Nays, none recorded as Present. And the amendment's adopted. Any further amendments?
No further amendments.
PRESIDINC OFFICER: (SENATOR LECHO%ICZ) 3rd Reading. On Page 7 appears House Bill 1196. Senator Rock seeks leave of the Body to return House Bill 1196 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objections, leave is granted. Read the bill, Madam Secretary. 1196.
Amendment No. offered by President Rock.
PRESIDING OFFICER: (SENATOR LECHOWICZ) President Rock.
Thank you. Wonder if somebody on the other side can alert Senator Keats. This is the one we held over for two days awaiting his reappearance.
PRESIDING OFFICER: (SENATOR LECHOWICZ) He's alerted. Please proceed.
A11 riqht. I have an amendment also, that is Amendment No. 5, that should meet With great favor, beeause it further limits the applicability of thls proposed Statute of repose. It is an amendment to lines 18 and 19 that says very definitely that the term ''harmful material'' is only -- wefre only dealing now with asbestos. And so, the disease is asbestosis, and we have eliminated dioxins or PCBS. It further narrows the scope of this bill. I know of no objection, and I would urge the adoption Amendment Na. 5.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 54 STATE 0F ILLINOIS 27*h GENZRAL ASSERBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Any discussion? Senator Rock moves the adoption of Amendment No. A1l in favor, signify by saying Aye. Aye. Opposed. Amendment No. 5 is adopted. Any further amendments?
Amendment No. 6 offered by Senator Keats.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Keats. Any other amendments?
Amendment No. 5 offered by Senator Keats.
PRESIDING OFFICER: (SENATOR LECHOWICZ) His was 5. So it would be 6 and 7.
6: thank you.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further amendments?
No further amendments. PRESIDING OFPICER; (SENATQR LECHOWICZ) 7rd Reading. -- Senator Jones seeks leave of the Body to return House Bill 1216 to *he Order of 2nd Reading for the purpose of amendment. Hearing no objectionz leave is granted. Senator Jones. 1216. Read the bill, Madam Secretary.
Amendment No. l offered by Senator Jones.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Jones.
Thank you, Mr. President and Members of the Senate. This is an agreed amendment. What does is delete provisions concerning nurse advancement initiative and ehanqes qualifications for the Director of the Department of Hea1th and defines a ''nurse'' in terms of educational qualification. It also adds provisions 55 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislaeive Day June 26, 1991 concernin: a State Board of Health within the Department of Public Hea1th . This has been worked out w1th the Medical Society, the nurses and the Department. And I move the adoption of this amendment.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Lady from Cook, Senator Topinka.
Who did you say was in support of thls: please, one more time?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.
The Medieal Society, the Department of Public Health and the nurses. They a11 korked together and put in this together. If youdll recall in committee when we had this issue as relate to the board, this has been worked out. Yes.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Jones moves the adoption of Amendment No. l to House Bill 1216. A1l in favor, signify by saying Aye. Opposed. Amendment No. is adopted. Any further amendments?
No further amendments.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. Located on Page 8 of the Calendar is House Bill 1685. Senator Brookins seeks leave of the Body to return House Bill 1685 to the Order of 2nd Reading for the purpose of an amendment. Okay. Senator Brookins, what -- Senator Brookins, please.
Thank youy Mr. President. I seek leave of the Body to Table Amendment No. 2 to Senate to -- to
PRESIDING OFFICER: (SENATOR LECHOWICZ) 56 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 1685.
1685. House Bill 1685.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman moves to Table Amendment No. Al1 in favor, signify by sayinq Aye. Aye. Opposed. Amendment No. 2 is Tabled. 3rd Reading. Located on Page 9 of your Calendar appears House Bill 1935. Senator Rock seeks leave of the Body to return House Bill 1935 to the Order of 2nd Reading for the purpose of amendments. Hearing no objection, leave is granted. Read the billr Madam Secretary. SECRETARY HAWEER) Amendment No. 3 offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio.
Well, thank you, Mr. President, Ladles and Gentlemen of the Senate. Amendment No. 3 -- Committee Amendment No. 2 Was Tabled. was -- was adopted in-committee, and When arrived at the Senate, there Was some technical problems with the amendment, and and I moved to Table it. Senator Rock moved the bill to 3rd Reading with the understanding they would bring back. What Floor Amendment No. 3 does is reinstitutes, basically, Amendment No. 2 in intact with respect to the three-hundred-and-fifty-million-dollar increase in the Build Illinois Fund to add two hundred and fifty milllon dollars for Water projects for -- for Downstate Illinois, and also for a hundred million dollars for school district construction bond funds to be paid for out of the proceeds and the surplus out of the Purposes Fund by Which the use tax that We created tWo years agoe under the Neesch reform bill, flows. And Wefve found that there is, in fact, a surplus, and We have a lot of competing 57 # STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 aspects, I quess, out there this year for that Pund, including the administration, Mccormick Place and what have you . But originally, this money was for downstate water projects. That 1as the purpose of the -- of the Purposes Fund tbat we establkshed at the time, and I would move its adoption.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any diseussion? The Gentleman from Cook, President Rock.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. rkse kn opposition to Amendment No. And while think it's fair to say I certainly don't have any problem with the concept of the amendment - as a matter of fact: I Was one of more than 50 who voted affirmatively for that concept, that proposal, 1 think three years kn a roW now, and just recently, earlier this Session. I think it got out of here like 57 to nothing. So I don't have any problem with the concept. And in committee, it was discussed ehat we would try to put this on as long as it didn't do any damage to the underlyin: bill. Well, apparently now there is substantial damage, because the Governor of this State has said at least three times - as recently as last night - publicly, that he would not look with favor upon House Bill 1935 indeed, there were additional amendments reflecting proposed Build Illinois projects: and that's exactly what this is. Now, for some inexplicable reason, the House has chosen not to deal With this the last three times we sent it -- sent it to them. What they have sent us in returny as I understand it, is a Build Illinois alEernativey dealing with the question of the construction of marinas. That's a Rouse problem. It seems to me that that this amendment, as Well as it is intended: does violence to House Bill 1935. And for that reason: as the sponsor of House Bill 1935, I would urge opposition or ask the Gentleman ta WithdraW it.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 58 i STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26z 1991 Senator Demuzio, to close. , SENATOR DEMUZIO: Well, 1et me just point out that this Mccormick Place bill would have never gotten out of committee had it not been for the adoption of Committee Amendment No. 2, which, in fact, is now Floor Amendment No. 3. you know, T find it amazing that the House now, in its inimical wisdomz has decided that somehow or other we ought to fund the downstate water projects out of legalizing video poker. Well, I find that idea to be repulsive. Let me remind you that tWo years ago -- that when we establlshed this Use Tax Purposes Fund for the sewer and water projects for downstate: we gave Chicago every dime they wanted out of those proceeds that went directly to the municipality. We in downstate chose, in those counties that had less than three million, to put our money into a pot to develop the sewer and water projects. Now Wedve decide -- now wefve discovered that there is a surplus in the Purposes Fund, and everybody now Wants it. There was some discussion two years ago that perhaps we ought to give baek to the munieipalities the small amount of money to each one of those so that they could, in fact, get their use money to do whatever they wanted to. But we made the collective decision here to keep it and provide the additional bondin: money that are necessary for water projects in downstate Illinois. And to suggest that noW the video poker tax is going to develop the revenue that we need to -- for doWnstate water projects is just terrible. It's a terrible idea. This is -- this is money that wedve pu* aside into this Use Fund. It is our revenue. I think iE deservedly should be earmarked for sewer and water projects again, and I would move adoption of Floor Amendment No. 3. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio moves the adoption of Floor Amendment No. 3. Al1 in favor, vote Aye. All opposed, vote Nay. The voting is 59 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 open. Have all voted who wish? Have al1 voted who wish? Please take the record. 0n this questionz there are 38 Ayes, Noes, none recorded as Present. The amendment's adopted. Any further amendments?
Amendment No. 4 offered by Senator Welch.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Lasalle, Senator Welch.
Thank you, Mr. President. What this amendment does is increases the bonding authority by 42.9 million dollars to provide for additional funding from the same fund Senator Demuzio talked about - surpluses out of the Use Tax Fund to provide for dredging and shoreline erosion projects and marina projects throughout the State of Illinois. Last June We had a list of projects that we were bandying about here throughout the House and Senate. They didn't end up being enacted into law, and most of them are backed with a feW additional projects. Let me read some of the projects that we're talking about. Theydre in b0th Democratic and Republican districts. Dredging of Lake Galena, dredging of the S1U campus lake, dredqing of Lake Decatur, dredging of the Illinois-Michigan Canal, a study of the feasibility of dredging and a site on the Illinois-Michigan Canal for a marina, a dredging of Hughes Lake, dredging and development of the Steamboat Basin Marina, dredging and development of the Alton Marinae dredging and shore developmenE for the Joliet Marlna, dredqing at Lake De Pue, dredging and development of Lake De Pue Marina and dredging of Bruce Lake, along with a couple other projects that have been proposed but not yet put on paper. The idea behind this, number one, is that this is money that was meant for downstate water projects. A11 these projects deal with water. Secondly, the Mccormiek Place project is a project that is 60 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 a Chicago project. I think that the funding that is available should be made available for downstate projects as Well. And for those reasons, think that downstate is entitled to increase our tourlsm and our economic viability as well as the City of Chlcago. If it's good enough for Chicago, I think it's good enough for downstate Illinois, and I would urge adoption of this amendment.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? President Rock.
Thank you, Mr. President. Well, I rise in opposition to Amendment No. 4 and would point out that the Gentleman was recitin: a list that will be before us, guess, later this week. The House has already decided between the Demuzio version and the Mcpike version and they dve chosen the Mcpike version, Which is marinas around the world. That's tbe House's business. But that list is represented in an amendment to a Senate Bill that we will be dealinq with shortly. I just think it's a mistake, if wefre going to, you knowz -- the logic doesnft compute. We are talking about a proposal that has people Chicago paying additional taxes to support a Chicago project, period. And to somehow equivolate qsic> that with -- kith this amendment simply doesn't compute. And I Would urge opposition to Amendment No. 4.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch, to close.
Well, think, number one. there has been some question as to whether all the taxes will be raised in Chicago for the project. Certainly there will be additional taxes. However, the point that I think is the logical one is that when the tax was passed for *he use tax and put into a Purposes Fund just a year or two ago, the idea was that these would be for downstate projects. Well, we didn 't spend all that money, and the money is still available. 61 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 When Senator Rock and some other Members up in the RTA district didn 't qet the money that they had dealt for on mass transit, certainly they made a compelling case here before the Senate and they got their way. Well, we made a deal for this money for downstate projects, and we would like to have it for downstate projects. That was a deal as sacred and as much to be honored as the deal for an RTA subsidy. So for that reason as well, I wauld urge an Aye vote on Floor Amendment No. 4.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall Amendment No. 4 be adopted. A1l in favor, signify by saying Aye. Opposed. All those in favor, siqnlfy by saying Aye. Opposed. Noes have it. Amendment No. 4 is defeated. Any further amendments? Letls qo. You want a roll call? Question is# shall Amendment No. 4 be adopted. All in favor, signify by voting Aye. A11 opposed, by voting No. The voting is open. Have al1 voted Who Wish? Have al1 voted Who Wish7 Have a11 voted who wish? Please take the record. On this question, there are 27 Ayes, 26 Nays, none recorded as Presenty and the amendment's adopted. Verification? Any further amendments?
Amendment No. 5 offered by Seûators Karpiel and Phklip.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Lady from Dupage, Senator Karpiel.
Thank you, Mr. President. This is the Schaumburg Convention Center amendment. Aetually, itbs really khe International Convention Center, because takes in -- Schaumburg , Hoffman Estates, Rolling Meadows, Elk Grove Village and Palatine are the municipalities that have been taxing themselves and contribuking toward this convention center. They have now raised, With their own restaurant and hotel/motel taxes, sixty-percent of the cost of this project. They have been looking for the twenty million 62 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Leqislative Day June 26, 1991 dollars that was promised to them. I think they have been workinq on this for somewhat like seven years. They've worked at it. They've taxed themselves. They've put together a very good project. They've sold it to a1l these communities. The people there have been looking forward to it, and they were promised this money. They finally :ot their application approved. They were a1l set to go. They were told they were getting the twenty million dollars, and the last thing that the previous administration did as it Was walking out the door was to give the money to someone else. The people in these communities feel very strongly that if a convention center can make a go anywhere, it can make a go in Schaumburg. And I certainly agree with that. I had some of the groups that eame to lobby me for the Mecormick Place expansion tell me tbey were disappointed that Schaumburg did not get their convention center money, because they would have used it for their more local and regional conventions and used the Mccormick Place expansion for their national conventions. I think Schaumburg and those surroundin: communities have -- should eertainly :et this monies. They worked for it. They Were told they Would get it. They deserve it. They can make a go of that: and I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discusslon? Lady from Cook, Senator Macdonald.
Thank youz Mr. President. 1, too, rise in strong support of Senator Karpiel's amendment. As a matter of fact, I was one of the Legislators who talked to the previous administration the niqht before the appropriation Was made to another convention center, having been assured that the International -- Woodfield InternationalConventionCenterWould indeed receivemoney forthe t convention center. This is one of the most rapidly growing areas I of Illinois - the whole northwest corridor. It could certainly I 63 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 i sustain a convention center and bring jobs and -- and improve the ! I economy in the State of Illinois, and it is essential to have this convention center. And I Would ask for your approval of this amendment.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Any further discussion? President Rock.
Thank you, Mr. President. I rise in strong opposition and would ask the -- request -- if the sponsor Would yield to a question.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates she Will.
Is this not the current law?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Rarpiel.
I -- I don't understand quite the question. You mean, is it not ip. -- it was approved and not funded - you mean: it's still . .. there?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Rock.
It isy in fact, the current law, and this attempts, apparently, to appropriate money in -- in a substantive bill. I mean, even ir I were sympathetic to Schaumburg's receiving this largess, which, in fact, I wase because I was one who voted for that purpose, this ought to be addressed to the 2nd Floor, not here. If you're attempting to appropriate twenty million dollars again, you can't do it in this bill. I mean, let's pick another bill. Have at it. This is the current law. This eivic center has been authorized. A1l theydre doing, I guess, is waiting for 64 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 the State to fulfill its commitment. There's a 1ot of us Waiting for the State to fill commitments on a whole host of things, but you can't appropriate twenty million dollars in a substantive bill. PRESIDING OFFICER: (SENATOR LECHOWICZ) SenaEor Karpiel. SENATOR KARPIEL: Welly Senator, I'm just -- Ilm just trying to :et this issue before, not only the Senate and the House, but before the seccnd floor so that they perhaps remember. This was a different administration, of course, and so it's very difficult, but I'm trying to get the attention that these people Were promised. And if this bill that we are now discussing, 1935, is a bill for economic development for the City of Chicago and the State of Illinois, I am just trying to put in here that the Schaumburg Convention Center is also a good economic tool. And -- it's late in the Session. There are a lot -- not a 1o* of other avenues or vehicles, and this is just my attempt to qet what's due, frankly - whatls due Schaumburg. PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Karpiel, to close. Question isy shall Amendment No. 5 be adopted. A1l in favor, signify by saying Aye. Opposed? Amendment No. 5 is lost. Any further amendments? Roll call. Question is# shall Amendment No. 5 be adopted. All in favor, vote Aye. Al1 opposed, voke Nay. The voting is open. Have al1 voEed who wish? Have all voEed who wish? Please take the record. On this question, there are 26 Ayes# 29 Nays, l recorded as Present. Amendment fails. Any further amendments? SECRETARY HAWKER: Amendment No. offered by Senator Cullerton. PRESIDING OFFICER: (SENATOR LECHOWICZ) 65 i ! STATE OF ILLINOIS 87th GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Gentleman Erom Cook, Senator Cullerton.
Withdraw Amendment No. 6, please.
PRESIDING OPFICER: (SENATOR LECHOWICZ) He withdraws Amendment No. Any further amendments?
Amendment No. 6 offered by Senator Cullerton.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Cullerton.
Thank you, Mr. President, Members of the Senate. I'd like to first say that I am a supporter of the Mccormick Place project. I do have a problem With the one of the taxes thatls imposed, and these amendments are meant to address that problem. The problem is the so-called downtown restaurant tax. The problem is that it's not downtown and it's not just on restaurants. And this amendment that we have before us addresses the issue of the faet that the tax should apply -- or Will apply to not only the restaurants that tourists go toy but also fast-food restaurants, hot dog stands, food that is ordered out, pizza deliveries that people get in their homes just because they happen to live within this district and -- as well as cafeteria food. So What this amendment does is simply to say that the restaurant tax should only apply to restaurants, Where people serve food, not fast-food places and not eake-out food. think makes the -- the tax a -- more of a so-called user feee which is what is being proposed. The argument is that those who benefit from Mccormick Place should pay for it. People who happen to live within this area Who order food or who qo down to the corner restaurant for -- a fast-food place for a lunch should not have to pay for Mccormick Place. Por that reason, I think it's a good amendment: and I urge its adoption. 66 I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Leqislative Day June 26y 1991 q PRESIDING OFFICERI (SENATOR LECHOWICZ) I Any discussion? Gentleman from Cook, Senator Rock.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I rise in opposition - strong opposition - to this amendment. And let me just say, as I'm sure everybody here is aware, that when the Fair and Exposition Authority Board was considering how to construct this proposal: it appeared to all of us then - and I think it's fair to say that they arrived at What they thought, given the proposals that they received for what they Wanted to build - they arrived at a number. The number happens to be about nine hundred million dollars. And so it was thought , what -- what kind of debt service is necessary to support that kind of project. And so they literally went through, as We have done here many times, a proposed menu of taxes. And youdll recall that they were down here last year and there was some serious concern because a couple of the tax proposals to support this were thought to have been, at least by leakage, Statewide. And of course, the hue and cry went up loud and clear - ''Oh no you don 't. Don't try to use State taxes to build something for the City of Chicago. My goodness, what a terrible thouqht.f' So we sent them literally back to the drawing board and said, ''Oh: no, Chicago-only taxes, please. We want no State tax liability or risk in any proposal. '' And they came up with what they thought Was a reasonable proposal, a proposal that is aimed at taxing the very industry that they are attemptlng *o beneflt - namely, the convention and tourism industry. This proposal deals, I am sorry to say, with -- with little shops like White Hen and Jewel Food and wherever you have a deli, and I donlt knoW exactly hoW many conventioneers wander into those stores, but I dare say there is no doubt that the restauraeeurs in the City of Chicago benefit and benefit greatly. And so the restaurateurs have agreed - albeit somewhat 67 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 reluctantly, but nonetheless agreed - that, yes, they would be subject to a tax, and the -- the difference between the Cullerton amendment and What is proposed before you is that the projected revenue is firm. It is established. It is measured by the sales tax activity kn that area, and we know that it's going to raise at a minimum eleven million dollars - probably more, but a minimum eleven million. There are no figures to support the Cullerton approach, except I have been told that therels rouqhly - you can count on about fourteen to fifteen million dollars Statewide -- Statewide. Those are the only numbers that are available. So the question is, do you go with what you know is a firm, projected number to literally underwrite this project, or do you strike out in a new direction, where you may wind up with a revenue stream against which you can't sell any bonds? would urge, please, opposition to Amendment No.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Rigney.
Yeahz a question of the sponsor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he'll yield.
Do you agree kith that eleven-million-dollar projection on lost revenue?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senakor Cullerkon.
think we 're getting a little confused between what amendment We're talking about here. This amendment does not have any deli tax or anything like that. This amendment deals with the restaurant tax, and it reduces its appllcability to certain forms of restaurants. So the restaurant tax, I'm sure, will bring in 68 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 about eleven million dollars. This says it shall not apply to take-out food and to cafeterias and to fast-food places. It will probably reduce the revenues from eleven million down by about a third. So that's what this amendment does.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Rigney.
What is the guarantee in *he bill as far as if revenues fall short? Is it the sales tax Statewide?
PRESIDING OPFICER: (SENATOR LECHOWICZ) believe Senator Rock it doesn't have anything to do with the amendment, so go to the sponsor of the bill. Senator Rigney.
Welly I think it does have something to do with the amendment, because if you fall short and this guarantee has to pick it up that is assuming the guarantee is the sales tax Statewide - that puts an entirely different liqht on the issue.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton. SENATOR CULLERTONJ No, youlre right. This amendment kould reduce the amount of money thatîs raksei, and the reason for the amendment, quite frankly, is I think makes the tax more constitutional, if indeed it -- it's eonstitutional at all: because it's being sold as a user fee. Conventioneers donlt go and order pizzas to take out; they don'e go to McDonaldds; Ehey don 't go to cafeterias. They go to the -- the fine dining restaurantsg where there are servers. And that's what I'm trying to do - I1m trying to focus the tax on just those types of restaurants. If it reduces the income, my suggestion would be that they don't build quite such a large building. But that's up to them. I'm just trying to address this tax which ts imposed on my dtstrict, Senator de1 Vallees 69 ! STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 district and Senator D'Arco's district, exclusively.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Cullerton, to close. Question is, shall Amendment No. 6 be adopted. All in favor, signify by saying Aye. Opposed. Amendment No. is defeated. Any further amendments?
Amendment No. 7 offered by Senator Cullerton.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Cullerton.
Do we have Madam -- the same --
PRESIDING OFFICER: (SENATOR LECHOWICZ) No. 7. Give him the number.
LRB number end With 04?
This one ends with 05. The one you just -- was just defeated Was 04.
Okay.
PRESIDING OFFICER: (SENATOR LECHOWICZ) You Withdrew the first amendment.
Yes.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Okay.
Now, Mr. President, Members of the Senate.
PRESIDING OFFICER: (SENATOR LECHOWICZ) No. 7, Senator Cullerton.
70 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 What this amendment does is to make the downtown restaurant taxinq district truly a downtown district. As Senator Rock said, they started at -- they started with this district: and they needed a certain amount of money, so they just started going north and they stopped at Diversey which is 2800 North: and they wene West to -- to Ashland: and they stopped there when they had enough money, and that's the size of the district. But the fact of the matter is, a true downtown restaurant district would be North Avenue on the norkh and Halsted on the West. And thatls the area that the hotels are located; that's the area where people would -- who are conventioneers would go to eat. And I think: to - - to make the district a true dokntown district is -- also makes the bill -- the tax more constitukional. And so that's what the amendment does. It shrinks the area. When you have the large area up to Ashland, as you dll hear from Senator del Valley really picks up a lot of poorer areas, again, Where people just go into a little corner restaurant and they're end up, inadvertently, paying for Mccormick Place. I donlt think it's fair: and I think the amendment would be fair.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The the Gentleman from Cooky Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. I rise in strong support of this amendment that, as Senator Cullerton indicated, the district goes too far west. It's not truly a downtown restaurant *ax district. It's a district that goes well beyond that. IE eaptures a lot of small restaurants -- small restaurants that will not, in any wayp directly benefit from the conventioneers' business. And so I rise in stronq: strong support of this amendment.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Any further discussion? President Rock. I1m sorry. Senator STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 DeAngelis. Xou just put your light on. SENATOR DeANGELIS: Does this take the Como Inn out of the taxing district?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton.
We just missed it, but Greektown is in.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? President Rock.
Thank you, Mr. President. I rise in opposition to Amendment No. ùhich purports to reduce the geographic area that's subjeet to this tax. I think, again, as we learned last year, the Chicago Pine Dining Assoeiation and the restaurateurs got together and literally determinedy as they can best determine, where the conventkoneers and the tourksts dine. And 1 don't think it's fair for Senator Cullerton to suggest that the tourists and the conventioneers don't tread north of North Avenue. Every time I've been up in that trendy yuppie area, there's been .a lot of tourists around, and there's a 1ot of fancy restaurants. And I think the same is true with Senator de1 Valle's area. It is very trendy, and therels a number of restaurants right along Ashland Avenue that even 1: myself, have been in, and it's a great thing for the tourists. The problem with this is, when you reduce the area, you reduce the potential available revenue. And so I could harken back to Senator Rigney 's point as soon as you reduce *he significant revenue, the funding -- the financing is in trouble. This distràct has been well thought out. If you look at Chicago Maqazine, for instance, and turn to the back and learn where all the trendy restaurants are Where we're a11 supposed to eat, John's got an awful 1ot of them in his districtz and I would urge opposition to Amendment No. 72 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
PRESIDING OPPICER: (SENATOR LECHOWICZ) Any further discussion? Senator Jeremiah Joyce.
Thank you, Mr. President. I would like to make a suqgestion, if I could, and that Would be that we end this little charade, put a1L these amendments on with voice vote, and let'E ge* on With the business. This bill is now going nowhere. We all know that. It's going to conference. I meanw what are we playing patty-cake here for the next hour and a half to go through this drill? It's not going anywhere. It's going to a conference. It's -- you know - - let's 9et on.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton, to close.
Well, I agree with Senator Joyce that perhaps this is goin: to conference, and the problem is that when it comes back from conference, we may not have an opportunity to discuss these issues, and thatfs why I'm doing it through these amendments. I - - I understand that a lot of people use -- come into my dàstrict to eat, but I suggest that the area that they've drafted includes, as Senator del Valle said, 18th Street. There's a 1ot of fine Mexican restaurants over on 18th Street, but the ''touristosf' are afraid to go over there, and they don't go there. And thlnk that as a result, we are really having an area which is way too large.
PRESTDING OFFICER: (SENATOK LECHOWICZ) You just lost Miguel, guess. No. SENATOR CULLERTONI It's a misconception. Theyfre great restaurants, but --
PRESIDING OFFICER: (SENATOR LECHOWICZ) I would believe it, yeah. Question is, shall Amendment No. 7 be adopted. A11 kn favor, signify by saying Aye. Opposed. 73 STATE QF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Amendment No. 7 is defeated. Any further amendments?
Amendment No. 8 offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton, Amendment No.
Yes, I think this is somethin: that should be accepted. The - - the restaurant districtr the Way Was defined, did not cover the operation of boats and the cruise ships that go out from Navy Pier. And clearly, they -- they are taxed now. There's a sales tax. think they intended to have the restaurant tax apply to them. And as a result, this is just clarifying that it does apply to those boats that -- that definitely serve tourists.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? President Rock.
I agree and will accept the amendment.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Question is, shall Amendment No. 8 be adopted. All in favor, signify by saying Aye. Aye. Opposed? Amendment No. 8 is adopted. Any further amendments?
Amendment No. 9 offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton. gENATOR CULLERTON: Withdraw the amendment, please.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman asks leave to WithdraW the amendment. Hearing no objectiong Amendment No. 9 is withdrawn. Any further amendments?
Amendment No. 9 offered by Senator Cullerton. 74 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullertan.
Withdraw the amendment, please.
PRESIDING OFFICER: (SENATOR LECROWICZ) Withdraw the amendment. Any further amendments?
Amendment No. 9 offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton. You Want to give him the number? Read him the
It ends in l8.
ïes. This is an amendment which I think Senator Roek was referring to earlier. What this does is to replace the one-percent restaurant district tax with another tax, and the other tax is the prepared food tax. And I would just simply indieate that khen we eliminated the sales tax on food and medicine: We left a loophole - a gaping loophole which is a growing one. There are a tremendous number of sales of food that is prepared in grocery stores, White Hen Pantries and 7-Elevens, which are not taxed. They're taxed by the City, by the way, a two-percenk tax, but they fre not taxed by the State. And yet, their food that's prepared for consumption -- and you go into a White Hen Pantry and you order a sandwich, you pick out the items that you want on the sandwich, they make it for you you only pay a two-percent tax. If you went across the street to a restaurant and ordered the sandwich to :os you'd have to pay an eiqht percent tax Chicago. Eo what this amendment does ls simply to close that loophole. It creates the prepared food tax. It's sometimes called a deli tax, but it really doesn't apply to all items sold 75 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 in a deli - just items that are prepared. And as a result, this then could substitute for the so-ealled downtown restaurant district tax. This tax is citywide, does not apply to the entire State, and I think it's a loophole that should be closed and this is a good opporeunity to do so.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Roek.
Thank you, Mr. President. Again, I rise in opposition to Amendment No. 9 and there are a couple of reasons. One, the question is, those who bear the tax should -- should havb some benefit; that there should be some tie between the industry, the projeet and the ultimate tax. Againy I find it very difficult to say that conventioneers and tourists are somehow going to be trafficking at the White Hen or the Jewel Foods or whatever. Secondlye I will repeat again - and I apologize for the repetition that the restaurant tax as proposed, withln ehe district as proposed, is virtually guaranteed by a1l who have examined it raise eleven plus millions of dollars to.. support this project. This tax - nobody seems to have a clue. The only indication we've bad when we discussed it in the past Was that somewhere around seventeen/eighteen hundred -- eighteen million dollars Statewide Statewide. So you would apply to vireually every -- every one of those little convenience stores across the State, and it's a *ax that we may well keep in mind. Maybe we Want to fund the marinas out of this kind of a tax. But 1et me reiterate that the proposed financing for Mccormick Plaee has been put into place , and I would ask us not now to tinker with it at this late date . And so ï would ask for the defeat of Amendment No. 9.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton: to elose. Question is' shall Amendment No. 9 be adopted. A1l in favory signify by saying Aye. Opposed. 76 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Amendment No. 9 fails. Any further amendments?
Amendment No. 10 offered by Senator Cullerton.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Cullerton - wlthdraws the amendment. Any further amendments?
Amendment No. 10 offered by Senators Philip and Jacobs.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Philip.
Thank your Mr. President and Ladies and Gentlemen of the Senate. What this amendment would do would be establish a partial freeze on assessed valuation for Arlington Race Track. As you know: before the race track burned down, the assessed valuation was 1.2 million. Before they rebuilt it, as you know, the owners were looking at other locations Wisconsin Was one of the locations - they had worked an agreement out With local taxing bodies that would not have to pay the full new assessed valuation of the new race course. Well, I don't know what happened to the agreement. It just didn't eome to pass. On that premise, they rebuilt the race track and ended up with a 4.s-million-dollar assessed valuation, up over 1.2 million. What this does over a twelve-year period, it would reduce that to 2.4 million dollars. is a tax break. I've been led to believe that the Cook County Assessor is in agreement with this. and IId be happy to answer any questions.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Any discussion? Senator Brookins.
Thank you, Mr. President. Like to make a statement eoncernlng Arlington Race Traek and the khings that we did here in 77 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGDLAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Sprinsfield concernin: them and how they repaid the minority community and the other community that, number one, supported them y and also the Senators here that supported Arlington Race Track in their hiring program, in their affirmative action program and et cetera. I would think that before Arlington Race Track get anythinq out of here that naturally they would want to help the citizens of Chieago and the citizens of the State of Illinois that allowed them to be in Arlington Raee Traek after it was burned down and et cetera. And therefore, I would rise in strong opposition to anything going to Arlington Race Track at this time.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discassion? Senator Philip, to close.
Thank you: Mr. President, Ladies and Gentlemen of the Senate. think it's only bein: fair, making those local taxing body owned up to their agreement with Arlington Race Track. We eould have lost Arlington Race Track. It could have been up in Wisconsin and probably would -- wouldn't have been if they Wouldn't have worked out this agreement. I think it's fair. Therefs a lot of jobs, a lot of tax money. And quite frankly, I've been out there a couple of times myself, and it's probably the nicest race track - and I'm not a race track goer - that I have ever seen anyplace. And we ought to do something to help them, and I ask for your favorable consideration.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Question às, shall Amendment No. 10 be adopted. Al1 in favor, signify by saying Aye. Opposed. Amendment No. 10 is adopted. Any further amendments? Let's go. Any further amendments?
Amendment No. 11 offered by Senator Luft.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft. 78 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26y 1991
Would you Withdraw that amendment, please?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman withdraws the amendment. Any further amendments?
Amendment No. 11 offered by Senator Luft.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.
Thank you, Mr. President. In offering this amendment, I'd like to state that I think Mccormick Place: through an evolutionary process, will -- and has a good possibility of passing this Leglslature, and one of the problems that was raised by Senator Rigney was if the revenue Would be strong enough to satisfy debt service. And one of the points, and to emphasize that point: I'd like to do -- is to offer this amendment to simply say that if the restaurant tax is invalidated by a court because of qeograpbic limitations, then that tax should be levied at a constitutional rate and/or geographic region, which I'm assuming would then be the City of Chicago. It's an eleven-million-dollar income based on the geographic region set forth Within the bill, and it's our estimate that citywide would generate around twenty-four million dollars.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Any further discussion on the amendment? Senator Rock.
Well, I'm not particularly happy with this one, beeause it's kind of a left-handed admission qoinq in that there's some question about the constitutionality of our proposed financingy and my judgment is there is not. And if# indeed, at some future date some court decides that part or all of this proposal is is not kn keeping With the law , you know where the board's comin: 79 STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Leqislative Day June 26, 1991 they're coming right back here. And I suggest that this is not only unnecessary, it -- lends an aura of skepticism to the whole proposal. And I think wedve got a firm proposal With a geographic and constitutional tax, and we ought to just go with So I Would urge opposition to 11.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Any further discussion? The Gentleman from Knox, Senator Hawkinson.
A queskion of the Chair, Mr. President. What are the last two numbers of this amendment?
1-7.
PRESIDING OFPIPER: (SENATOR LECHOWICZ) Seventeen. And while we have a 1ul1, Channel WLS-TV requests permission to tape the proceedlngs. Hearing no objeetions, permission is granted. Any further discussion? Senator Luft, to close. Luft, to close.
Thank you, Mr. President. I would only ask for consideration.
PRESIDINC OFFICER: (SENATOR LECHOWICZ) Question is, shall Amendment No. be adopted. All in favorr signify by saying Aye. Opposed? Amendment No. 11 is defeated. Any further amendments?
Amendment No. 12 offered by SenaEor Luft.
PRESIDING OFPICER: (SENATOR LECHOWICZ) you want to give us the last two numbers, please, on 12?
2-5.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator Luft. 2-5. 80 STATE 0F ILLIXOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
Thank you, Mr. President. This amendment mandates, rather than allows. the Authority to impose the taxes. The bill, to the best of our knowledge, does not say that the Authority does -- has to levy the taxes. In that case, the State would be paying the full amount. IE also requires any surplus taxes to be paid into a special fund for early redemption of the bonds, and upon the retirement of those bonds, the balance goes to ehe General Revenue Pund of the State of Illinois.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Cook, Presldent Roek.
Thank you: Mr. President. 1, too, will accept this amendment, and I'd like to point out that there was some early discussion when the proposal was first floated, and the question was correctly raised by Senator Luft: We're giving them the aukhority to raise these taxesl What if they don't? And this mandates that you have the authority and if you're going to proceed with this projecE, you have to impose the taxes, and I think it's a good idea. I would urge adoption of Amendment l2.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Question is, shall Amendment No. be adopted. A11 in favor, signify by saying Aye. Opposed? Amendment No. 12 is adopted. Any further amendments?
Amendment No. 13 offered by Senator DeAngelis.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Centleman from Cook, Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. There are many people in this Body who think the expansion of Mccormick Place is has merit. However, there's also eause for concern on who's going to pay for 81 STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 it. Nowe the bill as conskruceed has certain taxes in place that are responsible for the debt service of the bonds that will fund that expansion. However, there is cause to believe, on the part of some people, those funds might be inadequate. And if that be the case, there is in the bill another source of revenue, and that ts the State Sales Tax Fund. This amendment simply says what you will use to fund the Mccormick Place expansion and you will create a fund with that name - is the sources of taxes that are in the bill, thereby requiring that those sources be adequate enough to fund that debt, thereby removing the fear of those people who feel that by voting for this bill as it ls, they would be voting against other interests in the community. This bill requires -- this amendment requires that Mccormick Plaee be paid for in the manner in which it was designed. I urge the adoption.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Is there any discussion on Amendment No. l3? The Gentleman from Tazewelly Senator Luft.
Thank you, Mr. President. I only have one question of *he sponsor, if he Would yield: please.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.
I think I think we 're trying to reach the same accommodation: but I'm not so sure this amendment does it. Do you escrow this money from the -- put the money into an escrow account from the first year collections? PRESIDINC OFFICERJ (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: You're talking about the monies that are raised in advance of the building, yes. That part still stays in there. 82 STATE OE ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Luft.
When the taxes are imposed, khe first year's collection, which should be around thirty-three million dollars, based on a three-percent growth, you're putting that money -- you are prohibiting any expenditures out of that fund for this -- for one year, and escrowing that thirty-three million dollars, if if that fiqure is correct?
PRESIDING OFPICER: (SENATOR LECHOWICZ) senator DeAnqelis. SENATOR DeANGELIS: I don't believe that the amendment does that direcelyr but it's the intent. Based on the *ay the bill is written right now, it Will do that anyhow, and We don't mess with that.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Luft.
Only to point out that I think Wedll be dealing with this in a later amendment, and if you don't escrow the money, my suspicions would be yould never be able to sell a bond until that money was in a fund somewhere at a year later. PRESIDING OFFICER) (SENATOR LECHOWICZ) Any further discussion? The Gentleman from Cook, President Rock. SENATOR ROCEZ Thank you, Mr. Prestdent and Ladies and Gentlemen of the Senate. This is a legitimate attempt to address a fear? I guess is the word, that was expressed in eommittee and I've heard expressed over the past week or ten days here on the Floor and in my office, that somehow the State would -- is subjecting itself to massive exposure of liability. The facts are otherwise, based on 83 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSTON SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 the taxes that are proposed and the projections that they carry with them. But think the eoncern is a legitimate one. My question, Senator DeAngelis, is -- is not unlike Senator Luft's I Wonder if you Would be kind enough to I mean, I'm willing to accept the amendment, as long as it doesn't do substantial violence. I -- my judgment is reading this as it is# I think you impact dramatically on the marketability of these bonds. And Senators Carroll and Luft have been meeting With Mr. Schmidt and Mr. Reilly in an attempt - at my request, by the way in an attempt to allay or obviate that fear which you obviously share. I wonder if you would be kind enough to pull this one, with the guarantee khat this question will be addressed - there is no doubt aboue it. just -- I read this as impairin: the marketability of these funds, and I knoW you don't intend that.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Well, Senator Rock, I think your request is very much in order, and I donlt intend this to be a killer amendment. The fact of the mattery however, I do believe during the course of the negotiations - and obviously there are going to be negotiations that this ought to sit up front as a reminder of what the intent of the Body is. So therefore: I1d really appreclake leaving it in there, knowing full well that at the end, if we are convinced that those revenue sources are adequate enough and there are guarantees that take away the constitutional questions that have been raised, then -- and this amendment would stand in the way of doing the bondinqy I would then, at that time, contemplate Withdrawing it. But up to that point, think we have to# in this Body, be convinced - and I think this bill really is desiqned to help the cause, rather than to destroy it - because I'm going to tell you right now there are a lot of people that are not going to vote for 84 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 this bill unless theydre convinced that this is eorreet.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cookz President Rock.
Wellw with your assurance that you will walk the aisle and convince everybody that you're correct, 1'11 take the amendment.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Would you indicate to the Chair what your position 1s, Senator DeAngelis? The question is, shall Amendment No. 13 be adopted. Al1 in favor, signify by saying Aye. Opposed? Amendmenk No. 13 is adopted. Any further amendments?
Amendment No. 14 offered by Senator Woodyard. PRESIDING OPPICER) (SENATOR LECHOWICZ) Aldo, start Walking. Senator Woodyard .
Thank you, Mr. President, Members of the Senate. Before presenting this amendmentz would like to say that your list of proposed amendments is incorregt, in which it states that we are trying to uomeway create tWo new civic centers in Danville. Actually, We are nok. And Wikh that, I Would like to precace my remarks that this is a very similar situatlon to What the Senator Karpiel amendment was. The leeters from DCCA were on the Governor's desk in December. These projecks didnlt make the certifieation list that came out in January. and I know. President Roek, your same argumenEs uill apply certainly as is on Senator Karpiel's amendment: but I would move for its adoption.
PRESIDING OFPICER: (SENATOR LECHOWIPZ) Any discussion? Gentleman from Cook, Senator Rock.
Thank you. I rise again in opposition to Amendment No . l4. and would literally repeat what I suqgested to Senator Karpiel. 85 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 This is current law. And if, indeed, the funding is not avaîlable: the right place to address that is down on the 2nd Floor: who 's holding those funds in his hot little hand, and this is an appropriation in a substantive bill. And so, would urge defeat of Amendment No. l4.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Woodyard moves the adoption of Amendment No. A11 in favor, signify by saying Aye. Opposed? Amendment No. 14 fails. Any further amendaents?
Amendment No. offered by Senator Luft.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman from Tazewell, Senator Luft.
Thank you: Mr. President. This amendment mandates that the refunding bonds that are mentioned in the bill, or the potential of refunding bonds, neither have a rate nor a term higher than the original bonds. What I was fearful of here is, for example, starting off with approximately nine hundred and eighty-seven million dollars, at a date later having bought down maybe three hundred million dollars, reissuing another three hundred million dollars, and lncrease the size and expenditures for the project. I think this is an agreed amendment. I'm not eertainy but it just belays a fear that those Would have for extending more bonds and/or refunding for perhaps other projects within the territory.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any dlscussion? Gentleman from Cook, President Rock.
Yeah, I don 't have any particular problem with this, exeept to say again I -- I'm not convinced that this doesn't make the original bonds less marketable than they otherwlse would be. But a:ain: this is -- apparently Ehere is some rampant fear and 86 STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 paranoia around here that the City of Chicago and its residents are somehow making the greatest land grab since the Louisiana Purchase and so, yeah, take the amendment.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Any further diseussion? Question isr shall Amendment No. 15 be adopted. Al1 in favor, signify by saying Aye. Opposed? Amendment No. lS is adopted. Any further amendments? SECRETARY HAWKERJ Amendment No. 16 offered by Senator Luft.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Luft.
Thank you, Mr. President. This amendment deleteG a1l reference to Navy Pier incorporated in the bill and prohibits the use of Mccormick Place expansion funds to be used for Navy Pier rehabilitation or development.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cook, President Rock.
I don't -- I have not heard that there Was any intent to use any of this aoney for anything other than the stated purpose: namely, the expansion of Mccormick Place, the rehabilitation of the existing faeility, the building of the galleria and the change in Lake Shore Drive. Again, in response ko fear and paranoia and to shed light for all concerned, the answer is, yes, 1'11 take the amendment.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The question is, shall Amendment No. 16 be adopted. A1l in favor, signify by saying Aye. Opposed? Amendment No. 16 is adopted. Any further amendments?
Amendmenk No. 17 offered by Senator Luft. 87 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislakive Day June 26, 1991
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Lufe.
This amendment relates to some degree the amendment that Senator DeAngelis was trylng to offerr and since I'm not sure thak it is not in some way endangerino the legislation, I think we know What the intent is# and 1111 withdraw it at this time.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman Withdraws Amendment No. 17. Any further amendments?
No further amendments.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Now, let me just point out that the -- leavè of the Body -- asked the Secretary if Amendment No. 2, which was adopted in *he - - in *he Committee, Was Tabled, and there was a question whether it was Tabled or not. I'd like Senator Demuzto moves to Table Committee Amendment No. 2. Hearinq no objections, Committee Amendment No. has been Tabled. And there are no further amendments, Madam Secretary?
No further amendments.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. Appearing on Page 21 of your Calendar appears House Bill 1968. Senator Cullerton seeks leave of khe Body to return House Bill 1968 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectlon. leave is granked. Read the bill, Madam Secretary.
Amendmenk No. 2 offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cookz Senator Cullerton.
88 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Thank youe Mr. President and Members of Lhe Senate. I'm very happy to inform you that we've reached an agreement on this billr which is on Postponed Consideration. This is the bill that dealt with the university bookstores. The opposition had come from Northern Illinois University , and my understandin: is theylre in support of this amendment along with the Illinois Retail Merchants Associaticn. It deletes the provisions that allowed the Auditor General to conduck a special audit of retail store operated by a State institution, and clarified languaqe that allows for the public institution's retail store to sell items on credit to students who are in need of financial assistance. So with that, move for its adoption, and hopefully, then: we can pass the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Comment? Senator Welch? Okay. Question is, shall Amendment No. -- Floor Amendment No. 2 be adopted. A11 in favor, signify by saying Aye. Opposed. Amendment No. 2 is adopted. Any further amendmenes?
No further amendments.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 3rd Reading. Appearing on Page 9 of the Calendar appears House :ill 1995. Senator Davidson seeks leave of the Body to return House Bi1l 1995 to the Order of 2nd Reading for the purpose of amendments. Hearing no objectiony leave is granted. 1995, Madam Secretary. sEcnEYARY HAWMEA: Amendment No. 1 offered by Senator Davidson.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Sangamon, Senator Davidson.
Mr. President and Members of the Senate, this is an amendment requested by the Secretary of State to allow the Secretary of 89 STATE 0F ILLINOIS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26: 1991 State's Police to have an evidence fund to purchase evidence so they can use, as well as to also: when they receive money -- right now they have a number of stolen cars that participated and the Federal Government is ready to give them back a share of that, and they dre unable to do it. Al1 this does is give State Police excuse me, Secretary of State Pollee the same privilege that the State Police have now and investigators at the Department of Professional Regulations. Move the adoption of Amendment No. 1.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Is ehere any discussion? Question is# shall Amendment No. be adopted. Al1 in favor, signify by saying Aye. Opposed . Amendment No. 1 is adopked. Any further amendments?
Amendment No. 2 offered by Senator Davidson.
PRESIDTNC OFFICER: (SENATOR LECHOWICZ) Senator Davidson.
Mr. President and Members of the Senate, this is a request from the Secretary of State's Office, and what it amounts to is that when you file for administrative hearing fee, a twenty-dollar fee is paid or scheduled With your schedule when you make application for a hearing. And the reason this came about is they have approximately ten thousand hearings a year. Forty percent of the people don't show, and what this does is you pay the fee when you file for a hearing. If you shaw up for the hearing, then the money is returned to you, and a11 the forfeited fees will be deposited ln the Road Fund. Move the adoptlon of Amendment No. 2.
PRESIDINC OPFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall Amendment No. 2 be adopted. All in favor, signify by saying Aye. Aye. Opposed. Amendment No. 2 is adopted. Any further amendments? 90 STATE 0F ILLINOIS 87th GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
Amendment No. 3 offered by Senator Davidson.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson.
Mr. President and Members of the Senate: the Amendment No. 3 is a request from Secretary of State. As you knowe we have four cabinet -- Federal Cabinet Members from Illinois today. And this is a reguest so tbat the official plates, which you and 1, as legislators, and elected federal offieials have today: would be increased by four for these Federal Cabinet Members. They would pay the fee, and this would not be an imprinted fee like you and have for the raised numbers. It would be a silkscreen fee, approximately fifty-dollar cost. Move the adoption of Amendmen* No.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Gentleman from Bond, Senator Watson.
Yes, thank you, Mr. Presldent. A question of the sponsor, please.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates hedll yield.
Senator, What do the Cabinet Members pay for these plates?
PRESIDTNG OFFICER: (SENATOR LECHOWICZ) Senator Davidson.
According ko the Secretary of State's information khat received this morning, they pay fifty dollars for the plates.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Waeson.
91 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 That's over and above the normal cost then? They pay an additional fifty?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson.
No. Be two --
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Watson.
Well, I think he was finishing there and got cut off.
PRESIDING OFFICER: (SENATOR LECHOWICZ) No, I didnlt cut him off. Senator Davidson. Leave him on.
It Would be -- presently you and I pay forty-eight dollars they'd pay -- excuse me. Secretary of State handler tells me theydll pay forty-eight rather than flfty. They told me fifty this morning. So they 'd pay the same fee that you and I pay.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question - is there any extra fee? Senator Watson has been raising that question three times. Senator Watson, is that correct?
I'm sorry, Mr. President, I didn't hear you.
PRESIDING OFFICER: (SENATOR LECHOWICZ) I don't believe your question's been ansWered. Senator Watson.
Yes, I think it has. I think he said they pay the same as we do - forty-eight dollars.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Okay.
92 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 That'z for a special plate.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Correct. SENATOR WATSONI Don't -- doesngt the Federal Government give these people a plate of some type? They have nothinq at a11 at the federal level which identifies them as a U.S. Department of Whatever?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson.
I ean't speak what they may or may not do in -- in Washington: This pertains to the cars wbich apparently are here in Illinois. Therels -- covers four people. As you knowz there's four Cabinet Members, three former Members of the Illinois House of Representatives.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Gentleman from St. Clair, Senator Hall. Excuse me, Xenny. Please: Senator Hall.
Will the sponsor yield for a question? Senator, I missed some of this discussion. This is -- are these federal people that are qettinq license plates? This doesn't apply to our Congress people, right?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Hall. I'm sorry. Senator Davidson.
This applies to the four Presidential Cabinet Members who are from Illinois. If you'd like, I can give you the four -- I can name the four peoplez but think you know them as well as I do. Under the present Illinois law, you and Iy as legislators, and elected federal officials 9et special license plates. What this is a request from the Secretary of State -- is that for those 93 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 four Presidential Cabinet Members be able to have a license plate for identifying as Secretary of Transportation, Secretary of Labor, Secretary of Agriculture, Secretary of Veterans' Affairs.
PRESIDING OFPICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator Leverenz.
The sponsor yield for a quick question?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Indicates he will.
Whicb isz what will those license plates say on the -- Would they have a special front plate like we do now?
PRESIDING OFFICER: (SENATOR LECHOWICZ) The handler, please. Senator Davidson.
I just -- I just wondered what -- What lt would say, because I know there have been a couple of veterans' bills go down about special plates, and maybe this one Would say --
It will have the State Seal and say Secretary of Agriculture. Secretary of Transportation: Secretary of Labor, Secretary of Veterans' Affairs.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.
just wondered, because we've had a -- quite a controversy about special plates and downstaters getting tickets in Chicago: and this then would allow for four additional platesy and maybe one of them would say î'Kitchen Cabinet'' or ''Wooden Cabinet.'' Thatfs four extra plates. There's a hundred and seventy-six total plates now, and this Would make it, I guess, a hundred and eighty, and then we would have tickets being sent out of Chieago to 94 STATE 0F ILLISOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 downstate. And I don't know that I could support that.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Macoupin, Senator Demuzio.
Well, 1et me ask the sponsor a question, I mi:ht.
PRESIDING OPFICER: (SENATOR LCCEOWICZ) Indicates he'll yield.
We are doing this at the request of the Secretary of State to create four new special license plates for Federal Cabinet Officials. Do We currently give former Governors retired license plates and, if not, why don't we?
PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Davidson.
Well, to my knowledge, no, we don't give former Covernors, because if we haven't allowed it in the -- in the -- by aetion of the Legislature. These are not special plates. They would be official plates, the same as -- that you and I have now and that elected Members to Federal Congress or elected federal officials which in our ease is U.S. Senators and U.S. Congressmen have. These are four -- be offieial plates, not special plates.
PRESIDING OPFICER: (SENAQOR LECHOWICZ) Senator Demuzio.
Well then, I would just make the poine thae the Seeretary of State really doesn 't care about giving former Governor Jim Thompson his retired license plate, and perhaps he ought to reconsider that.
PRESIDING OPFICER: (SENATOR LECHOWICZ) The Gentleman from Lasallez Senator Welch.
95 STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 - - sponsor. Question of the sponsor.
PRESIDING OFFICER: (SENATOR LECHOWICZ) He ind. icates he Will yield.
Senator Davidson, one of these plates, I think, goes to the Secretary of Transportation Skinner. What happens if he becomes Attorney General? Then do We have to come back With an emergency legislation to revoke that plate and issue an Attorney General plate?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Davidson. END OF TAPE TAP2 3
Well, since it's the plain plate that's silkscreened on there, it won't cost bu* a few dollars if we have to do it. We're not increastng the number. If Skinner moves a Cabinet level from Transportation to Attorney Generalz it's still four people from Illinois in the Cabinet, so it wouldn't change anything. You don't have to do anything.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Rock Island, Senator Jacobs.
Thank you, Mr. Presldent. I'm just a little curious, because I know We had -- I had a bill in the Transportation Committee that would have made some plates for the Universiky of Illlnois and some of the okher ones, and I think that at that time there Was discussion of goin: to one -- one plate and one plate only for -- 96 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 for a1l of the different groups that have special license plates. like that idea a little bit, and guess I'm just a little aurious that you 're -- you may be bringing this bill, Doc; 'cause, if my memory serves me right, I think you Were quoted in the paper that -- warning us that we should not be qiving out these special plates like we are and we should be cautioned against doing that. so -- I think you should pull this out of the record.
Further discussion? Senator Hall.
I'd just like ko would the sponsor yield for a -- I1m curious to know - khe plates - are they going to be on the same -- the color of the plates. Thatls What -- I'm saying that; because - - What happens on that? I tell you what, that the present Governor -- the Secretary of State is the person who use these plates. but you know, it's quite strange that the Governor Who's the Governor now - he gave us -- one year he gave us the same plates and the same color as taxi cabs. And we'd come down the street and people would flag you down like you're a cab. Then another tlme is that he -- what he did was -- that also -- that every time you looked in a two-year or a four-year period, you had the same plate With the same color as the year -- than those. So what are these gokng to be the color on these plates that these four offieials are goin: to have? The reason ask that, because I see sheriffs have -- sheriffs -- on their plates noW, and then - - in red numerals. What causes that? That's something that think leglslators should --
Senator Davidson.
Senator, all -- they are official plates. They will have khe same colored license plates that you and I or any elected U.S. 97 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 official has.
Further diseussion? Senator Fawell.
I call for the previous question.
Senator Davidson, to close: on Amendment No. 3.
Mr. President, Members of the Senatey I urge the adoption of this amendment. This is a request from the Secretary of State. We're the only state in the nation that has four Cabinet Members in the Presidential's Cabinet and they are official plates, same as what you and I have. They 're not a special license plaee. They 're official plates, same as you and I have or a member of the U.S. Congress, U .S. Senate. urge the adoption of the amendment.
Senator Davidson has moved the adoption of Amendment No. 3 to House Bill 1995. Those in favor of the amendment will vote Aye. Opposed, vote Nay. And the voting is open. A11 voted who wish? A1l voted who kish? Have al1 voted Who Wish? Have a1l voted who Wish? Have all voted Who kish? Take the record. On that question, there are 28 Ayes, 25 Nays: none voting Present. Amendment No. 3 is adopted. Further amendments?
No further amendments.
3rd Reading. 2125. Senator Barkhausen. The bottom of Page On the Order of House Bills 3rd Reading is House B1ll 2125. Senator Barkhausen seeks leave of the Body to return that bill eo the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd 98 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 Reading is House Bill 2125, Madam Secretary.
Amendment No. 2 offered by Senator Barkhausen.
Senator Barkhausen.
Mr. President and Members, House Bill 2125 establishes an assessment on those convicted of or placed on conditional discharge or probation or supervision for violations oc the Cannabis Control Actz Controlled Substance Aet and the Steroid Control Act. Under this amendment, we give courts dlscretion to substitute, fully or in part, public service for the assessment that would otherwise be due. We also authorize the extensions of periods of probation and conditional discharge and supervision in circumstances where that might be necessary in order to give the defendants more time to pay the assessment or to fulfill the public service requirement. And I urge the adoption of the amendment.
Senator Barkhausen has moved the adoption of Amendment No. to House Bill 2125. Discussion? If not, all in favor, indieate by saying Aye. Al1 opposed. The Ayes have kt. The amendment's adopted . Purther amendments?
No further amendments.
3rd Reading. 2362. Senator Luft seeks leave of the Body to return that bill to the Order of 2nd Readins for purposes of an amendment. We're on Page lû, Ladies and Gentlemen. On the Order of House aills 2nd Reading is House Bill 2362: Madam Secretary.
Amendment No. 2 offered by Senator Luft. 99 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislatlve Day June 26, 1991
Senator Luft. SENATOR LUFT; Thank you, Mr. President. The Department of Commerce and Community Affairs each year needs statutory authority to receive and expend federal funds. Thae statutory authority runs out September 30, 1991. These funds are usually housin: funds or buildinq or rent funds for the poor. This just extends that statutory authority one year. PRESIDENT ROCKI Senator Luft has moved the adoption of Amendment No. 2 to House Bill 2362. Discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have 1t. The amendment's adopted. Further amendments?
No further amendments.
3rd Reading. Bottom of Page -- 2592. Senator Savickas. Bottom of Page l0. .senator Savickas seeks leave of the Bpdy to return tbat 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 is House Bill 2592. Madam Secretary.
Amendment No. 3 offered by Senator Luft. PRESIDENT ROCKI Senator Luft is no longer Wikh us.
Excuse me, I'm sorry. Offered by Senator Savickas. PRESIDENT ROCKI Senator Saviakas.
Yes. Mr. Presidenty Members of the Senateg Amendment No. 3 was 100 STATE OF ILLINOIS 87th GEKERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26: 1991 in answer to a question on the mandated cost of developinq the Chemical Dependency Program in House Bill 2592. This amendment would remove the mandated portion of it, remove the costz and would just call for the development of the 12 Step Recovery Proqram in our schools, based on Alcoholic Anonymous programs whieh have been successful in treating ehemical dependency, and would make those programs available. I Would move its adoption.
Senator Savickas has moved the adoption of Amendment No. to House Bill 2592. Discussion? If not, a1l in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. The amendment's adopted . Further amendments? SECRETARY HAWKERJ Amendment No. 4 offered by Senatcr Savtckas.
Senator Savickas, on Amendment No. 4.
Yes. Mr. President, Amendment Ko . 4 would make two technical corrections to the Senate Amendment No. l thae this Body adopted yesterday. The first correction picks up a reference to tbe existing statutory term , quote, ''local areas for health planning and health serviees.'' And the second clarifies the ability to continue ko treat the City of Chieago as having, as does now, multiple local planning areas within it. This technical amendment does not in any Way expand the scope or application of what we adopted yesterday, and I would move its adoption.
Senator Savickas has moved the adoption of Amendment No. 4 to House Bi1l 2592. Diseussion? Senator Pawell.
Thank you very mueh. Will the sponsor yield for a question?
STATE OF ILLINOIS 87th CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 He indicates he will yield, Senator Fawell.
That amendment doesn't really take care of the problem that asked you about yesterday, does it?
Senator Savickas.
Noy it doesnlt: Senator Pawell. That Will have to be addressed in our discussion on the bill.
All right. Senator Savickas has moved the adoption of Amendment No. 4 to House Bill 2592. Discussion? If not, a11 in favor: indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Further amendments?
No further amendments. PRESIDENT ROCRI 3rd Reading. All riqht; Ladies and Gentlemen, this will be the last time through the Calendar on House Bills .3rd Reading. would ask the Members who have a House bill that the moment of truth has arrived. Wedll start at the top on Page 6 and go immediately through the Calendar. Leave had earlier been given: I believey for the bills that were on Reeall to be brought back. So we will move through the Calendary and I1d ask the Members to please be in their seats. Top of Page 6, House Bill 121. Read the bkll, Madam Secretary, please.
House Bill 121. (Seeretary reads title of bill) 3rd Reading of the bill.
Senator Cullerton. 102 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26: 1991
Thank you: Mr. President, Members of the Senate. We diseussed this eartier and I took it out of the record in an attempt to answer some of the questions that were raised by Senator Watson and others. And I -- I think that wefre going to need to put this bill in a conference committee to try to address them . The -- one issue is whether or not this preempts home rule, and I think it's unclear the way the bill is drafted. Also, Senator Butler was concerned about whetber or not it would repeal certain local ordinanees dealinq with parking restrietionss which itds not intended to do. And the bill, as you may recall, deals with, or attempts to deal with, the issue of allowin: certain vehicles to drive on places such as Lake Shore Drive. These are the smaller pickup trucks that weigh less khan eight thousand pounds. So would ask you to please gkve me an Aye vote to pass the bill. can assure you lt's going to a conferenee committee, and we can try to resolve these issues in that conference committee.
Discussion? Any discussion? If not, the question is, .shall. House Bill 121 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. All voted Who Wish? Have all voted who Wish? Have a11 voted Who wish? Take the record. On that question, there are 51 Ayese no Nays, none voting Present. House Bill 121, having received the required eonstitutional majority, is declared passed. 1-8-5. Senator Carroll. 3-8-6. Senator Carroll. 3-8-8. EenaEor Carroll. 5-6-2. Senator Jones. Read the bill, Madam Secretary, please.
House Bill 5-6-2. (Secretary reads title of bill) 3rd Readkng of the b1l1.
103 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senator Jones.
Thank you, Mr. President, Members of the Senate. House Bill 562, as amended, deals with two thinqs, and one thing it dealt with was the amendment that Senator Welch put on which he ean address, and also it deals with the Chicago school system in removing that cap that's placed on this to give the School Board the authority to raise its taxes for education as -- as they see It's -- it's an amendment that is -- is needed. We've talked about a11 various projectsz but We have not talked about education. We, this Body, should not hamstring the local School Board in Chicago as it relate to education. They should have the power to, if they so desire, to raise the neeessary revenue to meet the educational needs of those students. This is a very good amendment. And as I pointed out to you previously, the sehools in Chicago do not have the taxing privileges that most districts have across khe State of Illinois. They eannot levy a tax for special education as many schools do. They cannot levy a tax for safety as most schools around the State does. They cannot levy a tax for transportakion: as most sehools around that district does. So as a result, its educaeional fund is depleted in substdizin: those cateqories. So the Board Would have the power, if it so desire, to raise tbat levy so that they can meet the educational needs of the people of the City of Chicago, the children whlch are should be our -- our utmost concern, and I ask for a favorable vote on House Bi11 562, as amended.
Purther discussion? Senator de1 Valle. A11 rkght. We have eleven Members Who have sought recognition on this subject. ask your attentione please. Senator del Valle. SENATOR dEL VALLE: Thank you: Mr. President. I rise in skrong support of House l04 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Bill 562, as amended. We recognize that *be Chicago public schools have a deficit. think everyone is -- in agreement with that. We recognize that some steps need to be taken here before we adjourn ko ensure that the Chicago public schools can operate this fall. And I think that by passing this bill, we are creatin: one more vehicle, one more option for the Chicago public schools to conskder as they put eogetber their plan to deal with the deficie and come up with a balanced budget. And so, therefores ask your support. AlloW us this option so that We can develop our comprehensive plan and move forward to ensure that our kids can go to school in the fall.
Further discussion? Senator Brookins.
Thank you, Mr. President. 1, too, rise in support of this bill with its amendments. It gives the City of Chicago an opportunlty to take care of their own. Many a time here in Springfield we hear, ''Let the people that serve bear the taxes.l ' This is just such a bill that w&ll do'that. I ask for a favorable vote in this. Let's give the City of Cbicago an opportunity to do it themselves. Thank you.
Purther discussion? Senator Dudycz.
Thank youy Mr. President. I stand in opposition to this bill. Andz Senator Brookins, you're incorrect; this does not authorize the City of Chicago to levy property taxes. Thls this authorizes the Board of Education just to levy another property eax. Just like to remind the Members that this is just another added burden on the property owners in Chicago, and I urge its defeat.
1û5 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. A question of the sponsor.
Sponsor indicates he will yield, Senator DeAngelis. SENATOR DeANGELIS: Senator Jones, it seems that year after year there comes to this General Assembly a Band-Aid approach to the continuin: defieits of the Chicago Board of Education. I havez in most instances, supported that. But I am really affronted by the idea that there's a three-hundred-and-fifteen-million-dollar proposed deficie, and no information has come forward on the validity of that deficit, where the shortfall isz what caused it. You know, last year, they came up with a fifty-five million dollar - let's go to the Pension Fund. A few of us voted against this because we knew that you didnlt take care of the problem; you just temporarily filled the littte hole and the following year the hole would be twice as large. Frankly, if you want my support on this and I have no problem With supportin: education - I'd like to know what the hell I'm doing . And frankly, the Chicago Board of Education is totally unwilling to share any information with anybody on what those numbers are, except, ''Here it is. Take it# believe ie: and ke donlt have to tell you how it came to be.'' And frankly, I don't think we ought to do anything in return until some of those questions are answered.
Further discussion? Senator Berman.
Well, thank you, Mr. President. In response to the lask Senator's comments: the Board of Education -- I don't know what type of inquiry was made by the good Senator, but there has been information available from the Chicago Board of Education. There l06 STATE OP ILLINOIS 87th CZNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 have been several meetings by the Board, some requested by us, some requested by the Board. And will tell you that the information it was made public to the media and it's available to every -- any public official, including any Senator on this Eloory as to hoW the numbers are put together reqarding the shortfall. Now, I1m not standing in support of the shortfall, but I think that is less than responsive to say that you don't want to allow Chicagoans to pay for their oWn school system because you haven 't seen information that I'm not even sure you îve asked for. 1111 be glad to give you a bi: stack of information - a big staek of information - that the Board of Education has proffered as to why they are short. As to the merits or demerits of that shortfall, that's something else ehat I will defer to the Board and to the Superintendent to justify. 0ne of the reasons is because of the substantial new contract that was eneered into last year. But thae - and that's a big-ticket item - and yet, no one that Ifm aware of - and I mean no one - denies the merit of providing reasonable increases for the teachers Who have a tremendous task in the Chicago publlc schools. So part of What Senaeor Jones is proposing here is a self-help program, and let me just add - most of the extra effort to help Chicago schools is usually self-help. We get our share out of State moneyz but when it comes to somethinq unusual, the State doesn't pick up the tab. And although the Word bailout is used time and time again, it's a mlsnomer. The State never, never comes up With money to, quote, 'bail ouk'' Chicago. The State helps Chicago bail out Chicago. So I stand in support of this eo decide to 1et Chicagoans addres: the needs of their children and schools.
Further discussion? Senator Karpiel.
Thank you, Mr. President. Senator Jones, in regards to the 107 STATE 0F ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26: 1991 deficit of the Chicago school system, does that three -- what is about 3.5 -- three hundred and fifty million dollars?
Senator Jones.
This is the -- that is the amount khat has been given to us that is the deficit. PRESIDENT R0C:: Senator Karpiel.
Well, can you tell me, does that include the surcharge? Or the surcharge is not extended, does that go hiqher? PRESIDENT ROCKI Senator Jones.
If the full amount of the surcharoe is not extended to the extent that it currently exists, the deficit would be even higher than what we currently have.
senator Karpiel.
Thank you.
Further diseussion? Senator Collins.
Yes. Thank you, Mr. President and Members of the Senate. Let me just eeho the remarks made by Senator Berman, because don't think it has been said often enough. And often we go back homew and in the media it sounds as though the State of Illinois has, in fack, bailed out the Chicago school system , when in essence, most of what we do down heree just as this bill does, it provides an opportunity for the Chicago Board to: in fact, raise 108 STATE OF ILLINOIS 87th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 the necessary monies to meek whatever demands are necessary to keep that school open and afloat. And someone asked the question, why is it every year that we have to come back here year after year after year? We understand, and many of you were here when we imposed the restrictions on the Chicago Board that (a) unlike most other school districts in this State, they cannot borrow money. They have to have a balaneed budget. In addition to that, when we enacted the 1985 School Reform Aet, the money has not been there to back up the rhetoric that We put into that legislation. In addition to that, we passed the -- the Chicago Reform Aat *Wo years ago, and again, no money there. Those local school councils has been doing a tremendous job. And many of you who voted on the -- thae reform indicated that you Wanted to see some positive results before anythin: else is done in the State for that system. Well, they have demonstrated that they have, in Eact, gotten blood ou* of a turnip, and they have made some progress. Those local school councils are alive and are well and -- and really doing a tremendous job. And what We need now ts additional dollars in order to ensure that that school.open in September and that we do not cut programs to the extent that it further jeopardize the quality of educatlon of that system -- in a system whieh I think is recognizable across this country as being one of the poorer system in the country. And I think that all of youe the State is not going to eome up with any money to help that system, ought to most certainly not put the -- tie their hands to the poink that we can't help ourselves. And I would just ask for a favorable roll call. PRESIDENT R0CR: Further discussion? Senator Jones, to close.
Yeah. Thank you: Mr. President. And in response to some of the comments as it relate to the shortfall - and Senator Derman l09 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 cleared up some points on that issue - but Senator DeAngelis, let me say one thin: to you: if most school districts across this State could not borrow money for operation, over three hundred of them would not be able to open school this coming September. The only reason that they are able to keep operatinq is because they can borrow money for operations. Chicago cannot. If ehey had to have a balanced budget, they could not open schools this coming fall. So let's not kid ourselves. Why is the deficit there? The deficit occurred because you have about forty-five thousand employees who get what you call annual raisesy and those annual raises come about automatically. It has nothing to do with administration. If your revenue qrowth do not keep up with that: it's a deficit. This State has not gave Chicago one additional dime. Every tine you've helped, you helped them by taking away some of the restrictions that you placed on them . And that's whae this bill does. It takes away from the restrietion that's imposed by the State for Chicaqo to help itself. And we are talking about Mccormick Place. I know all the deals that's been cut for a11 across this State that's tied together, but you.are not going to - - I am not going to permit I'm not going to permit you to leave the children of the Chicago school system sitting at the dock while we talk about raising other taxes. It's wrong. It's immoral and it's not right. This bill doesn't take one dâme from you. But if you want Chicago to do the job, give Chtcago the same taxing powers that you have. Its rate for education is very low : one of *he lowest in the State. I knoW What you pay in Dupage County. If Chicago paid that, then we could have the same type of educational system that everyone else is. I expeet a favorable vote on this bill. I expect my side of the aisle to be unanimous on this bill, because this -- the children of Chicago is going to excel with every other project that we're entitled tor and give me a Yes vote. l10 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSPRIPT 51st Legislative Day June 26, 1991 PRESIDENT ROCK) Question is, shall House B1l1 562 pass. Those in favor, vote Aye. Opposed, vote Nay. The votin:'s open. All voted who wish? Al1 voted who wish? A11 voted Who wish? Have a1l voted who wish? Take *he record. On that questiony there are 33 Ayes, 16 Naysw 9 Present. House Bill 562: having received the required constitutional majority, is declared passed. 883. 801. Senator Joyce. 883. Senator Collins. Wedre in the middle of Page 7, for the last time. With a little luck, we'll never revisit Page 7. 8-8-6. Senator Maitland. A11 right. Read the bill, Madam Secretary. 8-8-3. SECRETAR; HAWKER: House Bill 8-8-3. tsecretary reads title of bill) 3rd Readtng of the bill.
Senator Collins.
Yes. Thank you, Mr. President and Members of.thewsenate. House Bill 883 is an enterprise high school demonstration project for the East St. Louis area that has been introduced by Senator Ksicl Wyvetter Xounge several times, and she has been working With the State Community College Board and others in that area who has - it's my understanding - have an agreement now through which this program could be funded through proposal writing. It requires no money from the SEate at all, and I kould be happy to answer any questions. If noty I would just ask for a favorable roll call.
PRESIDING OPFICER: (SENATOR J.J. JOYCE) Is there discussion? If not, the question is, shall House Bill 883 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted Who wish? Have all voted Who wish? Have a1l voted who wish? Take the record, Mr. Seeretary. lll STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE 'RANSCRIPT 51st Leqislative Day June 26, 1991 On that question: the Ayes are 33, the Nays are l5r none voting Present. House Bill House Bill 883, havinq received the constitutional majority, is declared passed. House Blll 9-6-9. Senator Jones. House Bill 1092. Senator Lechowicz. House Bill 1196. Senator Rock. Read the bill, Mr. Secretary.
ACTING SECRETARX: (MR. HARRY) House Bill 1196. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFPICER: (SENATOR J.J. JOXPE) Senator Rock.
Thank you, Mr. President, Ladies and Gentlemen of ehe Senate. House Bill 1196 is an amendment to the -- Code of Civil Procedure dealing With the Statute of repose in a product liability elaim as a result of a harmful substancez and Hharmful substance'' has been amended down to relate only to asbestos. So the only disease we are literally talking about, to my knowledge, is asbestosis, and the fact of the matter.is, there Was testimony in committee that there are some seventy thousand people nationwide Who suffer from some ocaupational disease as a result of asbestos and other toxic materials in the Workplace. This would afford a longer Statute of Limitations, and Would say that the suit can be filed two years after the latent disease is diseovered. I think the bill has been amended to reflect the eoncerns that were expressed in commiteeer and that the concerns khae were expressed Were about the revival of -- of causes of action that have been subject to repose, and certaknly the extent the coverage - has been limited to nou only asbestos. I Would solieit a favorable roll call. PRESIDING OFFICER; (SENATOR J.J. JOXCE) Is there discussion? Senator Barkhausen.
112 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGOLAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Mr. President and Members, I think clearly the bill in its amended form is less objectionable than that which we first saw in commlttee. However, I do question I think *e a1l should question - whether we should be takin: this step at this time. The bill would extend -- for asbestos cases, it would extend what is, in effect, a twelve-year Statute of repose for this limited class of cases - limited though perhaps numerous - class of cases from twelve years and it Would take it a11 the way -- a11 the way down to two years. And Senator Rock just said that a case could be brought within two years after -- after the disease is diseovered. Howeverg the readin: of the bill is: l'within two years after the disease and the disease's cause.'' So it's perfectly foreseeable that one mkght contend that whereas the disease was diseovered, that the disease's eause was not discovered, and could not reasonably have been discovered, within that same time frame. think we are therefore subjeeting potential defendants - and probably more to the point: since many of the -- many of the manufacturers of these substances are today bankrupt the insurers to potential liability on into the years well beyond what would now be -- the twelve-year period. And whereas there might be some justification for lengthening the period beyond the existing twelve years uhieh otherwlse governs in -- in product liability actions, I question whether We should be opening tbe -- opening this window up to this extent. And I further question whether We should be making thts change ln product liability laws while at the same time, beeause of Ehe naeure of influenees that prevail upon on us in these two Bodies, we are virtually precluded from considering any other changes to our product liabllity laws. And for both of these reasons, I would urge opposition to this bill.
PREEIDING OFPICER: (SENATOR J.J. JOYCE) Further discussion? Senator Hawkinson. l13 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 5lsk Leqislative Day June 26: 1991
Thank you, Mr. President. Will khe sponsor yield for a question?
PRESIDING OPPICER: (SENATOR J.J. JOYCE) He indicates he dll yield.
Senator, we went through this yesterday at the amendment stage, but I'd just like to, for purposes of legislative ineent, ask you again today on the record. You mentioned the revival of causes of action. It's my understandin: that With the amendments that have gone on previously, that the language that would allow the revival of causes of actions heretofore barred by the Statute of repose would not be permitted under this bill, as amended .
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Roek.
That is absolutely correct, and that is the intent of the amendment as offered.
PRESIDING OFPICER: (SENATOR J.J. JOYCE) Further diseussion? Senator Rock, to close.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would urge an Aye vote. And although I suppose we could indulge, as we have in the past, in a lengthy discussion about products liability, I think the concern for the insurance industry is almost overweeninq, if not overwhelmipg. Let's have some concern for the poor person in the workplace, seventy-one thousand of whom die annually from occupational disease. They're working in a place that has asbestos; they don't even know And all we're affording them the opportunity to do is -- is to remedy that wrong when they discover that they have indeed contracked this latent disease. This should go out of here unanimously, and I urge an 1l4 STATE OF ILLINOIS 87th GENERAL ASSEMELY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Aye vote.
PRESIDING OFFICER: (SENATOR J.J. JOXCE) The question is# shall House Bill 1196 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who kish? Have all voted who Wish? Have a11 voted who wish? Have a11 voted who Wlsh? Take the record, Mr. Secretary. On that question, the Ayes are 30r the Nays are 29. House Bill 1196, having received Ehe constitutional majority, is declared passed. Senator Barkhausen, for What purpose do you arise?
To request a verification of the affirmative vote, please.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Barkhausen has requested a verification. Will a1l the Senators be in the seats. Will the Secretary read the affirmative votes?
ACTING SECRETARV: (MR. HARRY) The following voted in the affirmative: Alexander, Berman, Brookins, Carroll, Collins, Cullerton: Daley, D'Arco. del Vallez Demuzio, Thomas Dunny Geo-Karis, Halle Hakkinson, Holmberg, Jacobs, Jonesy J.E. Joyce, J.J. Joyce, Kelly, Lechowiczy Marovitzy O'Daniel, Palmer, Savlckas: Severns, Smith, Vadalabene, Welch and Mr. President.
PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Barkhausen, do you question the presenae of any Senator?
Senator Savickas.
PRESIDING OFFTCER: (SENATOR J.J. JOYCE) Senator Savlckas on the Floor? Senator Savickas on the Ploor? Strike hls name, Mr. Secretary.
Senator Geo-Karis. l15 STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Geo-Karls on the Floor? Senator Geo-Karis on the Floor? Strike her name, Mr. Secretary.
That's enough.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Savickas is on the Floor. He's returned to the Floor. Would you place his name back on the -- any further? The roll call has been verified. The Ayes are 29: the Xays are 29: none voting Present. House Bill 1196, having not received the constitutional majority, is declared failed. Does the sponsor wish to place on Postponed -- House Bill -- House Bill 1216. Senator Jones. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bill 1216. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Jones.
Yeah, thank you, Mr. President and Members of the Senate. House Bill 1216, as amended, and agreed to betWeen the Department and the Medical Society and the nurses -- it creates the Nursing Advancement Law. It assigns a county medical examiner the same functions as the coroner under the -- on the Cornea Transplant Act. The Department of Publie Hea1th shall undertake a public education proqram concerning breast cancer in Hispanic women, and make other chanqes, and is the bill that has been worked on and agreed to, and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Is there discussion? Senator Madigan.
l16 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 Thank you, Mr. President. I rise on a point of personal privileqe.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) State your point.
Visitin: With us today up in the visitors' gallery to our rear is a group of Tazewell County Republicans, along With a couple from Woodford County as Well, 1ed by Rowland Poley Hoffman, and I would request that they be welcomed to the Chamber.
PRESIDING OFFICER: (SENATOR J.J. JOXCE) Would the people in the gallery rise and be recognized? A11 right. If therefs no further discussion, the question is, shall House Bill 1216 pass. Those in favor, vote Aye. Opposedw vote No. The voting is open. Have a11 voted who Wish? Have al1 voted who wish? Have a11 voted who wish? Take the reeord, Mr. Secretary. On that, the Ayes are 58, the Nays are none, and none voting Present. House Bill 1216, having received the constitutional majority, is declared passed. House Bill 1220. Senator Rea. House .Bill .1288. .Senator Priedland. House Bill 1297. Senator Carroll. Read the billr Mr. Secretary.
ACTING SECRETARX: (MR. HARRY) House Bill 1297. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) senator carroll.
Thank you, Mr. Piesident and Ladies and Gentlemen of the Senate. House Bill 1297, as now eonstituted, basically ereates a State Travel Manaqement Office, so that onee and for a11 We can have some control over State travelz both in State and out of State, in a11 of its divisionsy agencies, boards and commissions. STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislatlve Day June 26, 1991 While we may not have the same problem the White House has, We have come fairly close to that by having some people Who we have said in the past are deserving of globetrotter awards. Often we have found that those Who internally make decisions at second and third levels Within ageneies and departments are the ones actually doing the traveling and then just okayin: their own travel. This would, I thinke help the people of Illinois have a little better control over the over fifty-one million dollars of State employee travel, so that we are a11 assured that the travel is absolutely essential, particularly at times like this when there is a financial crists looming for the State of Illinois. And elearly none of us want to be participants, and I don't think anyone else does - Executive Branch as well in any unnecessary travel. Same is true in dealins With State bonds. Most other States have a multiple authority that helps determine what bonds should: in fact, be sold, and has to have the approval rights as well. In many states, in faet, the only signin: authority is that of the State Treasurer. We are not suggesting that for Illinois. That would be a very radieal departure from that Which exists in Illinois today. But having discussed our bonding w1th various rating agencies, bond houses and so on, I've found that in most states of the country either the General Assembly is direetly involved in that process or the Treasurer or the Comptrollere along with the Governor. This Would suggest creatin: an agency that would be made up of the Governor, the Treasurer and the Comptroller, so that a1l would be assured that the best possible arrangements have been made for the people of Illinois. I Would ask fo: a favorable roll call.
PRESIDTNG OFFICER: (SENATOR J.J. JOXCE) Is there discussion? Senator Davidson.
Mr. President and Members of the Senate: just Want to: for the 1l8 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Le:islative Day June 26: 1991 record -- when this bill was in committee, Senator Carroll was goin: to confer with me before the amendment he put on dealing with that State Bond Act, and that was nok done. He apologized for it, but I just want to say on the record that he did not bring that -- show me the courtesy after pronising kn committee to do He apologized for that, and I accept that apology, but I do Want to speak in opposition to this bill, Ladies and Centlemen. Regardless of who's the Governor, youdre going to have the State Treasurer and the Comptroller outvoting the Governor, whether he's of your party or my party, and I don't think this is a good idea . This is not a good idea. This lets two peoplez be of whatever party, theylre in opposition - or of the same party - in opposition to what the Governor proposed on a State Bond Act, be able to cut that person off at the pass. I don't think this is a good idea. We 're interfering With what is the duties as Chief Executive. If we don't like khat he doesz we vote him ouk of offiee. But I would urge a No vote on this bill.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Purther discussion? Senator DeAnqelis. SENATOR DeANGELIS: Thank you, Mr. President. Senator Carroll, what authority would this so-called Bond Board have? Can they override? Do they recommend -- ?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Carroll.
They would be the authorizing agency that any bonds or leases or installment purchases over a quarter of a million dollars: or With terms in excess of five years, would have to have the approval of that board. That is similar ko thak which is done in varyin: forms in most of the other States of the Union.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) ll9 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26: 1991 Senator DeAngelis. SENATOR DeANGELIS: And what kind of vote would it require? Majority vote - a11 three?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Carroll. SENATOR DeANGELIS: None?
I'm just waiting for my mike to get on. I kould assume it would be a majority vote. The -- specifically, the Aet does not say; therefore, qeneral 1aw would apply, and general law would require a majority vote.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator DeAnqelis. SENATOR DeANGELIS: Well, I have a little plaque -- not a plaque, a little saying above my office at home. It says - ''Seareh the public parks and you .never find a monument to a committeep' Now wedre going t; designate probably the most significant financial responsible decisions to a committee. The problem here is that you have a eommittee that perhaps can make a decision, but basically has no responsibility, because if they do, in faet, choose wrong, somebody else has to take care of it. We elect a Governor to be the Chief Executàve of this State, and We ought not to be eroding that power. because ln Ehe end: that person is responsible for the financial condition of the State. And eo put such sensitive issues as this in the hands of a committeez I think is just not only taking away the power, but bad financial manasement.
PRESIDING OFFICER: (SENATOR J.J. JQXCE) Further discussion? Senator Lechokicz.
l20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Thank you, Mr. President. Will the sponsor yield to a question or two?
PRESIDING OPFICER: (SENATOR J.J. JOYCE) He indicates he'll yield.
believe there are three amendments that Were offered on this bill. The first one dealt with as far as creating the State Board Bond Act, a bill that we defeated in committee. Has there been any changes as far as the fiscal implication to the State on the State Board Bond Act, and what is the fiscal implication?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Carroll.
Senator Lechowicz, the ny recall ls that one of the amendments was technical in nature only on the Travel Board part, so that that's Why we've been discussing it as two eomponents rather than three. So the amendment has not changed as it relates to the State Bond Board. Itm not aware of any fiscal implications whatsoever. ïou have three elected constituttonal officers. There is the permission of ehose three to agree to employ a staff, but there is no necessity that they automatically do so. As we've done in other cases of nulti-jurisdlctional groupings - since Senator DeAngelis doesn't like the word ''committeef' they've often donated each of their oWn staffs so that there has been no cost. Lieutenant Governor, for example, beads a couple of those.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Lechowicz.
Well, 1et me point out to you then, as far as your amendment that was adopted here on the Floor, Page line l9, Seetion calls for an executive director and employees -- the Board may appoint exec director and other personnel that it needs to carry l2l STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Le:islaeive Day June 26, 1991 out its duties. And if my memory serves me correctly, we talked approximately a flve-hundred-thousand-dollar appropriation when this matter was before us in the committee. That's on the first Section of 1297, and I'd like to know what the fiscal impact is on your second Sectlon as well.
PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Carroll. SENATOR CARROLLI Well, Senator Lechowicze no one filed a fiscal note, so that none has been filed. I don't know where the half million dollars came from . No one has ever discussed that particular number with me that I know of. It does allow for an executive direetor and other personnel and needs. As I said before, these three elected constitutional offàcers ean' however, designate one of their staff as the execueive director at no fiscal impact khatsoever. PRESIDING OPPICERI (SENATOR J.J. JOXCE) Senator Lechowàcz. SENATOR LECHOWICZI Very briefly, Mr. President and Ladies and Gentlemen of the Senake, I stand in opposition to House Bill 1297, as it has been amended. Basically, the cost for the State Board Bond Act is approximately five hundred thousand dollars. It's creation of a middle man -- middle -- level of bureaucracy Which we really don't need . The seeond item that I'm concerned about is the cost to the Travel Board; and according the figures that have been submàtted to me, that's over a million dollars. Thig Would be neW General Revenue funds that we've never expended in the pase. And I would strongly recommend that this item be defeated. Thank you.
PRESIDING OPFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Butler.
Thank youy Mr. President. I should like to point out to the l22 STATE OF ILLINOIS 87th GENERAL ASSRMNLX RECULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Members a very cutesy little amendment that may have been overlooked, and that is the fact kelre ereating sort of a travel czar, as I read this bill. It requires ehat all persons Working for the State Government, other than legislative - which is kind of cute - and the judieial -- Judicial Branches, must place their travel arrangements through this travel ezar. IE always seens to me that when you -- When you can'k figure out anything else to do, you play around with travel expenses, whieh are rarely the eause of a Skate to be in problem -- have a problem . I would suggest this bill -- this portion of the bill at least -- you're shaking your head.
PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Carroll.
In response to the rhetorical question, that was the amendment that was taken out. There is no travel czar. PRESIDING OFFICERJ (SENATOR J.J. JOXCE) Further discussion? Senator Severns.
Thank you, Mr. President and Members of the Senate. 1, too, rise in support of House Bill 1297. In response to Senator Lechowicz's coneern raised earlier on a fiscal notez that was on the original bill, SB 405, that passed out of this Chamber Without any oppasition. We have amended, as Senator Carroll has indicated, the portion that deals with the travel plan, and noW the fiscal note has since been removed. There is no fiscal note on this: except if there was any fiscal paragraph addedy it should talk about the dollars we're going to save. The reality is the State of Illinois has no travel plan: no travel management plan in effect, and this at least attempes to do that. Even the National Institute of Governmental Purchasing khey have indicated that travel costs are the third largest controllable 123 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 expense that the private and public organizations face. Those states that have moved more aggressively with travel management plans in their state have reaped substantial savinqs through negotiated fares and and lodging fees and rebates on the comnkssions earned by travel agencies. Tbe state of Mksskssippi, with a much lower travel budget than the State of Illinois, saved two million dollars with their plan. Louisiana estimates that their going to save five percent. In Illinois, with a travel budgek of fifey-four million dollars, we could use that savings and it's unconscionable that we have no travel manaqement plan in place with a fifty-four-million-dollar travel budget. This is -- this is a good bill. It attempts to address some serious problems. And at a time wben wedre trying to resolve some serious fiscal questions and challenges that face this State, ehis bill contains some ïeasures that will help do that. would urge a favorable vote.
PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senatcr Carroll, to close.
Why, thank you? Mr. President and Ladies and Gentlemen of the Senate. Yes, let us just clarify the reeord. Senator Lechowicz, believe you were lookinq at an earlier version. That ks no longer the case. Thatls why that fiscal number is no longer operable, nor is the half million for the Bond Board. That ts a minimal expensee if the three of them decide that any expense is necessary whatsoever. And as I keep poinklng ouE, there are other areas of government where constitutional officers head similar kype things where there are no independent expenses; they cach offer their own people to serve in that capacity. Basically, What we're saying is, do we want to try and conerol spending? Do we want to try and eontrol pinstripe patronage? Do we want to try and control the debts on the future generations of Illinois? Most l24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 enlightened states have said that the Treasurer' constitutionally elected fiscal officer of Illinois, person responsible for a11 funds, is in fact, in some states, the lead person - in a few states, the only person on things like bond issues. Comptroller, constitutlonally elected fiscal officer of the State of Illinois, responsible for al1 of the spendings. What is improper to say that three constitutional officers shall decide the future debts of the citizens of Illinois? This is an appropriate constitutionally designated authorized work for each of those constitutional officers. Why, in fact, the Treasurer and the Comptroller are more closely related to the function than the Office of the Governor. I happen to think that's impractical for Illinois, but each of them, by Constitution: the people have said, ''You're the ones with whom we entrust the holding of funds and the spendin: of funds.'' This merely says the three of them shall decide what bond issues, what long-term leases, what long-term commitments of principle and interest shall have to be borne by the people for future generations - a very wise and open-type discussion. Travel, too: is something that we know has qotten out of hand. We have a State employee with fifty-one thousand dollars of travel in a year. happen to thlnk that's an excessively high amount. We 're spending over fifty million dollars on travel. Why would We not want to do whak some of our more enlightened neighboring states - enliqhtened sister states like Mississippi have done? Most people wculdn'e thlnk an enlightened state, huh? But they have said they ge* a forty-two percent discount by buyin: kn bulk on their travel - a logical, sensible governmental decision, and I would urqe a favorable vote.
PRESIDING OFEICER: (SENATOR J.J. JOYCE) Question ise shall House Bill 1297 pass. Those in favor will vote Aye. Opposed, vote Nay. The votinq is open. Have a11 voted wbo wish? Have a1l voted kho wish? Have al1 voted who kish? Take 125 STATE 0F ILLINOIS 8?th GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26r 1991 the record, Mr. Secretary. ûn that, the Ayes are 20, the Nays are none voting Present. House B111 1296 Isic>, having not received the constitutional majority, is declared failed. House Bill 1587. Senator Alexander. Read the bill, Mr. Seeretary .
ACTING SECRETARY: (MR. HARRY) House Bill 1587. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR JOYCE) Senator Alexander.
Thank you, Mr. President. The Amendment l becomes the billr and it's in response to a Statewide coalition regarding the placement of three commissioners in the Chicago area who must be residents of the Housing Authority to serve and to to plan their own destiny. The bill has been amended on Amendment 2 to take the rest of the State out, and this bill now only applies to Chicago, and I ask for your Aye vote.
PRESIDING OPFICER: (SENATOR J.J. JOYCE) Is there discussion? If not, then the question is, shall House Bi11 1587 pass. Those in favor will vote Aye. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted who wlsh? Have all voted who Wish? Take the record. 0n that, the question is -- 38 Ayes, 19 Nays, and none voting Present. House Bill 1587: having received the constituEional majority, is declared passed. House Bill 1685. Senator Brookins. Read the bill, Mr. Secretary .
ACTING SECRETARY: (MR. HARRY) House Bill 1685. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR J.J. JOYCE) 126 STATE OF ILLINQIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51zt Legislative Day June 26, 1991 Senator Brooklns.
Thank you, Mr. President. A11 the amendments have been stripped and we went back to the original intene on the bill, and itdll require private carriers that transport persons under an agreement with the CTA to request the Department of State Police to conduct a criminal background check of persons applying for driving positlons. 1.11 be happy to answer any questions.
PRCSIDING OFPICER: (SENATOR JOYCE) Is there discussion? If noty the question is, shall House Bill 1685 pass. Those in favor, vote Aye. Opposed: vote Nay. The voting is open. Have all voted who wish? Have all voted who Wish? Have a1l voted Who wish? Take the record, Mr. Secretary. On that, the Ayes are 57e the Nays are none, voting Presenk. House Bill 1685, having received the constitutional majority, is declared passed. House Bill 1692. Senator Schuneman. Read the bill, Mr. Seeretary.
ACTING SECRETARY: (MR. HARRY) House Bill 1692. tsecretary reads tikle of bill) 3rd Reading of the bill.
PRESIDTNG OFPICER: (SENATOR J.J. JOYCE) Senator Schuneman.
Thank you: Mr. President. This is the bill that Central Management Services intends to use as khe vehiele for amending the State Employees' Group Insuranee Plany in conformance with the contract agreement with AFSCME. Al1 that happened in khe Senate was khak we removed the immediate effective date so the bill could go to a conference, and I would urge approval of the bill.
PRESIDING OFPICER: (EENATOR J.J. JOYCE) Is there discussion? If not, then the question is# shall l27 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 House Bill 1692 pass. Those in favor wâ1l vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted Who Wish? Have all voted Who wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 59 Ayes, none Nay, none voting Present. House Bill 1692, having received the constitutional majority, is declared passed. At the top of Page 9, House Bill 1776. Senator Rea. Read the bill, Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bill 1776. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senakor Rea.
Thank you, Mr. President and Members of the Senate. House Bill 1776 prohibits a public employer or an educational employer from permanently hirin: strikebreakers, and it's commonly known that in cases where strikebreakers prolong labor disputes and tie union hands at the bargaining table and face economic hardship when they are fired after the strike ends. Through the years, labor and management have survived strikes and have almost always been able to put those strikes behind and continue in the production of their products or serviees. 3ut something different happens when striker replacements are hired. First of allw when a eompany isn't suffering, lk takes away motivation to settle the strtke., and the longer a strike continues, the deeper the sears are left and the worse the famtly suffers and the more money the company loses. The -- this kould create the Illinois Labor Equity Act, and the rlght to strike is one of the most basie freedoms afforded workers under the laws of this country. and the right to strike helps promote a quality between the employer and the employee at the bargaining table. And when the employers replace l28 STATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 strtking employees with permanent replacemeûts: equkty and labor relations is undermined. So we must, in some way, promote equality between employers and employees, and that's what this bill is all about and is exactly What it does. We had a full-scale hearing in Labor Committee: and I would ask for your support.
Dkscussion? Senator Hudson.
Thank you thank you, Mr. President. This is a great bill for Wisconsin, Missourig Indiana, Michigan, Iowa, maybe the Sun Belt states don't know. And I say that because that's where business is probably going to head if this bill passes. Wedve heard a lot of talk this spring about a level playing field. And I will submit that if we keep leveling the playing field the way we're doing it, we will have something We can use as a ski slope come this winter. That's about how level itlll be. This bill will truly tip the balanee of management and labor rights. It will tilt the scales heavily toward labory and I want to make this very clear here today, my friends, that this is not a queskion of khe riqht to strike. The worker's rlqht to strike is not questioned, but can't happen in the industrîes in this State in a vaeuum. There has to be a countervailing factor and that eountervailing factor is the ability of a businessy even though struckr to contlnue to stay in business somehow. And I kill submlt to you that the fact that that company ls struck is punishment enough in itselfy without this bill. The businessman has a right to continue his operations during an economic strike by using permanent replacements. This is the countervailing factor thae Ilm talklng -- if he has to, if he is forced to. A lot of our businesses, Deere and Company and others in this State, do not have at hand temporary -- a supply of temporary l29 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 replacements to bring in. They have toy in some cases, hire permanent replacements, or they're simply out of business they're struck. And do you realize that a few people# key people, in a smaller business could paralyze that business and put that put that business out of businessz if they Went on strike and the management could not hire anybody to replace them on a permanent basis? This also circumvents collective bargaining. We talk a great deal here about colleetive bargaining and how wonderful it is. Welly under this, We throw it out the window. We don't rely on collective bargaining under these circumstances, to let the management and the employer decide who should be hired, who shouldnft be hired under these circumstances. I will submit to you too that the Federal Governmenk, under the federal laws, already protect those that leavey those that are fired, I should say' for unfair labor practices, loekouts and so forth - those workers are already protected. But it's the Worker who freely chooses who freely chooses - to declare war on his company that this bill seeks to protect also. And I don't think that's right. This is not a strikebreaker bill. It's a strike-maker bill, because if lt's passed, I think we will be encouraging strikes. The length of these strikes will be prolonged. It's a sharp-edged, very effective tool in the bands of labor. Prolonged strikes cripple the ability of business to compete at home and abroad. In short, I think I've said enough to indicate to you that I feel it's a bad -- it's a bad bill. And I Would simply close by submitting Eo you that 1776 was a great year in our American history and the history of this country. It Was a greatr great year, but 1776 is a lousy bill. And I would urge you to vote No.
Purther discussion? Senator Geo-Karis.
130 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Mr. President and Ladies and Gentlemen of the Senate. I think we have to decide here whether we want to keep business in Illinois and jobs in Illinois. Existing federal 1aW places certain restrictions on an employerfs right to permanently replace i l striking employees. Strikers may not be permanently replaeed when their employer locks them out or when their employer commits unfair labor practices prompting or extending their strlke action. Only when the employees freely elect to strike and shut down their employer's business may they be permanently replaced. And even then: there are numerous safeguards to protect striking employees from unfair or coercive conduct by employers, and to ensure that strikers have an enforceable ctaim to their o1d jobs When they become available. This measure Will encourage more labor disputes, and I am committed to keeping jobs and obtaining jobs to stay in Illinois. And if we pass a bill like this now, what are we really doing? We dre encouraging business to get out of Illinois and go into a climatez a state that will be far more tolerant than We are. I think we ought to observe the federal laws that already have been in place and do proteet the workers, but don't go closing businesses out and takinq the food out of people's mouths by the jobs being gone and the companies leaving. I don't think that's the Way to do business at all, and I feel that we should defeat House Bill 1776 if we want to increase the economy value in this State and increase jobs in this State. I don't want to see jobs lost. And I think this is good bill to get jobs to go out of Illinois into other states. And I speak against the bill.
Further discussion? Senator Butler.
Thank you very muchz Mr. President. Ladies and Gentlemen, may I give you a little personal observation? About ten years ago: I 13l I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 51st Legkslatkve Day June 26: 1991 was given the job of locating a plant. That plant would -- was not a huqe plant. It was only about a hundred and twenty-five thousand square feet. Our projection for employees was somewhere around eighty people. And you know something? Every plant loeation specialist we Went to told us to keep out of Illinois beeause there Was a decided anti-business trend that was looming across the horkzon. We took tbeir recommendation and we located that plant in Iowa. Now what we're doing hece is We're telling local government that you can't do business with eertain kinds of companies. Now that leaves those -- those companies just three things: they can forget about doing any business with local government; they can -- they can bow down to the most outrageous demands placed on them; or perhaps as most of them are qoinq to do, if they choose to -- that course, theyfre simply going to go out of business. We have lost a 1ot of small companies simply because they cannot and will not take a1l of the punishment that We inflict -- we inflict on them. This bill says you will eibher settle or not do business or go out of business, and I don't think that's *he business of this State to dictate that. I think that surely and inevitably we're driving business out of this State. And Senator Hudson Was right this bill is called 1776. think maybe a proper number, if we had five numerals in ik would be -- would be 12-7-41, because that's the effect it could very Well have on business. Let's not create a shadow government. We're being hypocritical here. We're talking about keeping business. We're not going to keep buqiness - we'te gokng to drive ït out of this State. PRESIDENT ROCK: Al1 right. The Chair Would only admonish those Who have sought recognition to try to keep their remarks brief. I don't think wefre chanqing anybody's mind here. Purther discussion? Senakor Watson. l32 GTATE GP ILLINOIS à 87th GENERAL ASSEMBLY REGULAR sEssloN SENATE TRANSCRIPT 51st Legkslative Day June 26, 1991 SENATOR WATSON: Yes, thank you. Question of the sponsory please. PRESIDENT ROCK: Sponsor indicates he will yield, Senator Watson. SENATOR WATSON: Can you tell me, Senator, does this impact nonunion employers? PRESIDENT ROCK: Senator Rea. Senator Rea. SENATOR REA : Yes,itwould--wouldaffect anybody that employ anybody, really. PRESIDENT ROCK: SenatorWatson. SENATOR WATSON: Thank you. What is the definition of a ''labor dispute''? PRESIDENT ROCK: Senator Rea. SENATOR REA: Well, it would be a -- strietly a strike. It.would be whenever labor and management are at disagreement and have gone on strike. PRESIDENT ROCK: Senator Watson. SENATOR WATSON: Is ''labor dispute'' defined in your bill, or -- are we following the federal definition of a labor dispute? PRESIDENT ROCK : Senator Rea. SENATOR REAI No, lt's elsewhere ln khe State laW. PRESIDENT ROCK: Senator Watson. l33 I STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
Well, I understand that that occurs any kime tWo or more workers walk off the job to protest terms or conditions of employment. Now, if that -- if that's the case, the small retail businessman who's nonunion - which this impacts nonunion shops small retail businessman who has t*o clerks that for whatever reason decide to -- to walk off the job, this would then have an impact on -- on his ability to rehire and replace khose two two workers. Am I correct in that statement?
Senator Rea.
The prohibition of -- of strikers would only apply to the public employees, as I understand it.
Further discussion? I'm sorry. Senator Watson.
I'm sorryz but I don't believe that's correct. This is only involves public employees?
Senator Rea.
Replacements for employees lawfully striking under the Illinoks Pnblke Labor Relatkons Act of the Illinoks Educatkonal Laborers. In facty on Page 6, lines 1 through 6.
Senator Watson.
What happens, I guess, in thls particular case, ls Ehat they can't do business then with that particular entity - the private sector. It has an impact on the private sector, and it has an impact on the small businessman a negative -- major negative l34 STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 impact. This is a bill that -- I'm surprised it's even being called. A proper vote is a No vote on this one. Thank you.
Further discussion? Senator Rea, to close. Ifm sorry. Senator Butler, for the Eeeond time.
I Mr. President, I apologize. Senator Rea, maybe I read this thing wrong, but as I read it# said this proposal Would create the Illinois Labor Equity Act, Whieh Would prohibik the State: local units of government and school districts from giving loans: grants or contraets to any employer that has hired permanent replacements for striking employees. That doesn 't pertain to -- that doesn't pertakn to the public employee.
All right. Further discussion? Senator Rea, to close.
Wellr that statement you just made is -- as far as prohibiting the State of Illtnois, units of loeal government and school distriets from doing business or sellinq products and services receiving grants and tax credits with employers who hlre permanent employees to replace Workers who are enqaging in a labor dispute - that portion ls correct. I1d simply close by sayinq that: you know, this is a -- certainly is a bill that will proteet the worker that maybe have invested many years in a -- in a -- in uorking there and then a11 at once find that their livelihood is at jeopardy. It also provldes eontinuity in terms sf employment for the employer, and as a result: will glve higher and bltter productivity. So I see it as a bill that is beneficial to both, and would ask for your support.
Question is, shall House Bill 1776 pass. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have a1l 135 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26# 1991 voted who wish? Have a1l voted who wish? Have a11 voted who wish? Have all voted who Wish? Have all voted Who wish? Take the record. On that question, there are 11 Ayes, 29 Naysv none votin: Present. House Bill 1776, having failed to receive the required constitutional majority, is declared lost. And the sponsor requests that further consideration be postponed. So ordered. 1910. Senator Kelly. All right. Senator Jacobs. 1918. No. A11 right. Wedre down to 1935, but Senator Davidson has some special guests who have been waiting in the winqs. Madam Secretary, with leave of the Body, we will move to the Order of Senate Resolution -- Senate Resolutions 5-9-8. Senator Davidson and would move to suspend the rules for the immediate eonsideration and adoption of Senate Resolution 5-9-8. A11 in favor of the Motion to Suspend, indieate by saying Aye. A1l opposed . The Ayes have The rules are suspended. Senator Davidson now moves the adoption of Senate Resolution 5-9-8. is a congratulatory resolution in favor of three gentlemen that the Senator will introduce to us shortly. They are -- have been here ln Illinois, are here in Illinoisz and they have been well-received, and the Senator will explain that. The Chair Will yield to Senator Davidson.
Thank youy Mr. President. I'd like to present to the Illinois Senate three gentlemen from Liaoning Province in China. As you know, Illinois is the only State in the United States who has a sister state relationship with the Province of China. Senator Philip was fortunate enough to have been in this Province with Governor Thompson a few years back. These gentlemen have been here working with IDOT to be more informed about road construction and computer expertise, and been here since last October and will be here till khis October. And it's my pleasure to present to you zhong Xiao Lu - or better know as Lu; Yong Kang Wang, better known 136 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 as Carl; and Song Pei, better known as Pat. My pleasure to presenk to you -- and if one of you gentlemen would like to be spokesman, please say hello to the Illinois Senate. Don't leave. On behalf of the Illinois Senatey I want to present to you three qentlemen a copy of the resolution which Was just adopted - a surprise which, Lu, you almost qot your hand slapped for is on the outside of the envelope. So now you know what the surprise was. That's in Chinese, the resolutton we just passed. I only speak Danish. PRESIDING OFFICER) (SENATOR J.J. JOYCE) House Bill -- House Bill 1935. Senator Rock. Read the blll, Madam Secretary.
House Bill 1935. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Rock.
Thank you: Mr. Presidente Ladies and Gentlemen of the Senate. House Bill 1935, as amended, at least With Amendment No. 1, grants taxing, bonding and other powers to the Metropolitan Pier and Exposition Aukhority, the essence of Which is to provide for the expansion of Mcc6rmick Place. The Metropolitan Pair and Exposition Authority is requesting a one-million-square-foot exhibition hall and qlass-enclosed coneourse, formally referred to as the gallery. They are requesting authorization and moneye or authority to raise money: to retrofit or rehab the existins Mccormiek Place, one. Land and infrastructure costs are determined to be about a hundred and seventy million dollars, and then there is a proposal to reroute the northbound lanes of Lake Shore Drive from Mccormick Place to the Field Museum . so that l37 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 there would be a park effect around those public instieutions. The total cost of this proposal is some nine hundred and eiqhty-seven million dollars, nine hundred and ten million of which will be subjeet to bonds, and the revenue stream, the dedicated revenue stream to pay the debt service, consists of four new taxes - or increases in existipg taxes - that pertain only to - and I underline and underscore ''only to'' - the City of Chicago and its two airports. Thls subject has been debated at qreat length, b0th publicly and privately. We this mornin:, earlier, added some amendments. hope the amendment, for instance, ehat Senator DeAngelis addedr with the assurance that there Would not be any liability on the part of the State: any risk or any exposure on the pare of the State - this project is attempted for the City of Chieago to benefit the entire State of Illinois, in that it will create jobs, certainly; it Will generate an immense amount of sales tax, whieh wtll be used for the benefit of all; and we are proposinq that it be paid for by certain taxes and fees ehat are imposed upon those who are in the convention and tourism industry and who benefit from i t. 'I'would be happy to respond to any questions, and I would solicit an Aye vote.
PRESIDING OPFICER: (SENATOR J.J. JOYCE) Is there discussion? Senator Dudycz.
Well, thank you, Mr. President. Senator Roek is to be commended for his efforts to pass the Mccormick Plaee expansion, but due to the fact that a little while earller We added think nine or ten amendments, makes tbis more than a pork project. It's an entire pig projeet. I just have one question to the Senator.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Indicates hedll yield.
Can you -- do you bave any idea what the -- whae the entire 138 STATE OP ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT I 51st Legislaeive Day June 26, 1991 ?package will cost? END OF TAPE TAPE 4 PRESIDING OFPICERZ (SENATOR J.J. JOYCE) Senator Rock. SENATOR ROCK: Well, I think it's fair to say - and I Will let those who added the downstate projeet, speak for themselves - as I read itr it was about three hundred and fifty million dollars worth of Build Illinois projects, which obviously, as you well know, are subject to bonds. So you'd have to figure that it would be about ten percent available; as I understand, it is available in the fund to pay the debt service on that proposed bond increase. And as I said, the basic cost of -- of the Mccormick Plaee Proposal is nine hundred-plus millions of dollarsy which again will be subject to a bond issue, whose debt service is to be paid by these new and additional taxes. PRESIDINC OFFICER: (SENATOR J.J. JOYCE) Senator Dudycz. SENATOR DUDVCZ: Like I said earlier: Senator Rock, you are to be commended for -- for your efforts, but because of the added pork projects to this entire bill, I -- I think the more appropriate voke at this point would be a Present vote, because I don't think that this is something that should pass out of this Body, in this form . PRESIDINC OFPICER) (SENATOR J.J. JOYCE) Purther discussion? Senator Geo-Karis. 1 SENATOR GEO-KARIS: 139 . I I I / STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 5ls* Leglslative Day June 26# 1991 Thank you. Wi11 the sponsor yield for question?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Indicates hefll yield.
Senator Rock, understand that there 's four sources of funding for the Mccormick Place. Would you give us the four sources? I believe there was a tax on food...
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Rock.
Yes, and I am delighted to see you back on the Floor. The last time I presented a bill, you absented yourself. There is an airport pick-up and departure fee - that is taxis and limos and buses to and from the airport. There is a six-percent auto rental tax in the County of Cook -- only in the County of Cook. Thereîs a one-percent downtown restaurant tax, Which we discussed at some length, within a given geographic area, which is roughly from Diversey on the north to and including Mccormick Place on the south . . ' and ' - '' over to Ashland on the West, and the lake on ' 'the east, plus the two airports: noW plus the boats - that was added by amendment. And there is a 2.5 percent increase in the Chicago Hotel Tax. As I am sure you are painfully aware, we have roughly forty-flve or fifty thousand first-class hotel rooms in Chicago, and even though our tax is one of the highest, We are still substantially below the City of New York, and so it's been proposed and agreed to by the Hotel Association that they would eat yet another two-and-a-half-percent increase in the Hotel Tax.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senaeor Geo-Karis.
I understand that we also will have the expenditure of nine hundred and eighty-six million dollars in General Obligation 140 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Leqislative Day June 26, 1991 Bonds. Is that correct?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Rock.
In bonds that are issued by the Metropolikan Pier and Exposition Authority. The Act specifically -- specifically, without any shadow of equivocation, says that these bonds are not, and not inkended to be, an obligation of the State of Illinois.
PRESIDINC OFFICER: (SENATOR J.J. JOYCE) Senator Geo-Raris.
Mr. President and Ladies and Gentlemen of the Senate. First of all, maybe they're not intended to be an obliqation of the State of Illinois, but they witl be an obligation of the State of Illinois when the funds run dry. think Mccormiek Place is quite adequate, and I can honestly tell you that it's not the size of it that we have ko worry about. It's tbe high cost of perhaps having exhibiks there, and also the labor coses - all of those things should be factored in. And at this time, when the State is so - ' short of funds and we have to worry about the bonds that we have to pay our debt service on noW, I don 't think this is the eime to go ahead and -- expenditure and approval of the project of Mccormick Place. We have other greater needs for the Seaee: and I rise to speak against it. And I'm glad that you notice when I'm nat here: because I love you, too.
PRESIDING OFFICER: (SENATOR J.J. JOXCE) Purther discussion? senator Collins. Senator Collins. Senator Rock, to close.
Al1 right. Thank you very much, Ladies and Gentlemen Mr. Presldent and Ladies and Gentlemen of the Senate. Senator Geo-Karis: lest -- lest there be some misapprehension and I 14l ' 'i I STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26: 1991 certainly don't want any misapprehensions around here - it was stated in committee very speeifically that there is no intent to have the State of Illinois in any way liable for this project in any respect whatever. The revenue estimates from the taxes that are imposed on Chieago - on the Chicago business - literally can't be used for any other purpose. They are directly connected to the convention and tourism business in thae they are food and transportation. We can't tax those for the purpose of *he School Code or DCFS or Mental Health or anything else. It's to be utilized to -- for economic development that we are to maintain our premier place as the conveneion eapital of the world. And I dontt know how much clearer it can be, when at Page 51 of the amendment it says, and I quote, ''The State shall not be liable on bonds of the Authority issued under this Section. Those bonds shall not be a debt of the State and this Act shall not be construed as a guarantee by the State of the debts of the Authority. And the bonds shall conkain a statement ko this effect on the face of the bonds.'' My goodness sakey how much clearer can it be? And what we are sugqesting is that there is a dedicated revenue stream that is more than adequate to pay the debt service and for the operation of this facility: and we would be shortsighted -- we would be shortsighted were we not to allow the Mccormick Place expansion to move forward, and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) The question is, shall House Bill 1935 pass. Those in favor Wil1 vote Aye. Opposed, vote Nay. The voting is open. Have all voted Who wish? Have al1 voted who wish? Have al1 voted Who wish? Have a11 voted Who wish? Take the record, Madam Secretary. On that question, there are 21 Ayes, 22 Nays, and 14 voting Present. House Bill 1935, having not received the constitutional majorityr is declared failed. Senator Rocky for l42 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 5lse Legislatlve Day June 26, 1991 what purpose do you rise?
was just wonderinq could reconsider some of tbose amendments.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Do you Wish Postponed Consideration?
No.
PRESIDING OPFICER: (SENATOX J.J. JOVCE) House Bill 1995. Senator Davidson. Read the bill: Madam Seeretary.
House Bill 1995. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR J.J. JOYCE) Senator Davidson.
Mr. President and Members of the Senate, this is Seeretary of State's bill which passed out of here as a Senate bill earlierz is baek in here. We did amend it this morning to take care of creating a fund for the Secretary of State Police, to qive tbem the same opportunity for evidence funds that we have in the State Poliee and the Department of -- Departmenk of Professional Regulations. Also had the four official plates for the presidentlal eabinet members, and frankly I forgot What the other one was, and I don't have the file right in front of me. Oh -- for the hearing people there's ten thousand-plus hearings requested -- administrative hearings. This calls for a twenty-dollar fee to be paid when you file for that hearingz because out of the ten thousand last year, four thousand dtdn't show up and cost that kind of money and the -- forfeited it. If the person shows up for 143 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 the hearing, the money is refunded to them and the appropriate money khat is forfeited qoes in General Revenue -- I mean khe Road Fund. Appreciate a favorable vote. PRESIDING OPFICER: (SENATOR J.J. JOYCE) Is there discussion? Senator Cullerton. SENATOR CULLERTON: Yes. Thank you, Mr. President and Members of the Senate. Senator Davidson, I'm specifically lookinq at an amendment that you put on that deals with the issue of the Secretary of State 's Evidence Fund. And ie appears to me that on Page 7 of the amendment, what you're amending bere is the -- the Vehiele Code, and you dre saying for any conviction under the Vehicle Code and the Vehicle Code, as you know, is volumes - any conviction in the Vehicle Code, you can have fine - this Would be like for a typical traffic ticket - you can have a fine that goes directly to the Secretary of State that would be deposited in this new fund for the purposes of providing reimbursement or restitution for eheir efforts in -- in -- I don't even -- that's What my question - is --.l .don't know Why. For their efforts in what? -Why - can fhe Secretary of State get some money from fines goinq into this special fund? Maybe you can help me wlth that. PRESIDING OFFICER: (SENATOR J.J. JOYCE) senator Davidson. SENATOR DAVIDSON: I Want to yield to my expert -- legal expert on the right. This was brought about beeause the Stake -- Secretary of State pareiclpated with the federals in relation to a stolen car ring, and the Secretary of State Police is now in position to reeeive funds from whatever that portion ls, and they're unable to do that. And what they 're trying to do is :et an evidence fund so they can purehase whatever is legal or illeqal or not needed and what is needed in the way of prosecution, same as we do for the l44 i ------ ' I STATE OF ILLINOIS ; 87th GENERAL ASSEMBLX ' REGULAR SESSION ; SENATE TRANSCRIPT : 51st Legislative Day June 26, 1991 State Police and we do for ehe Department of Professional Regulations. 1'11 yield for your legal expertise question to Senator Hawkinson. PRESIDING OPPICER: (SENATOR J.J. JOYCE) Senator Hawkinson. Senator Hawkinson. SENATOR HAWEINSON: Senatore I think youbre right. I -- their intent is only to use forfeited -- their share of the forfeited property, and my advice is that they strip that language. Ifm advised they Were told to reference that Act by LRB, but -- but I'm told that their ineent -- and we were told that tbeir intent is only to use the eurrent existing share of the forfeited property for this Evidence Fund . So I -- I would think that that referenee ought to be eorrected . PRESIDING OPFICER: (SENATOR J.J. JOYCE) Eurther discussion? Senator Cullerton, Ifm sorry. SENATOR CULLERTON: Well: this is 3rd Reading and -- and 1 -- and this is 3rd Reading and We 're not in an ability to amend this. Are you qoinq . to put it in a conference committee if it passes? That would be One ... PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Davidson. SENATOR DAVIDSON: I -- from *he handler over bere, I'm suggesting to him that the House sponsor not coneur and we send this to conference and correet these -- this error which needs to be done. PRESIDING OFFICER: (SENATOX J.J. JOYCE) All right. Further discussion? Senator Berman. SENATOR BERMAN: When you vo to -- thank you, Mr. President -- when you 9o to conference, I Would suggest you have your attorneys look at the 145 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 twenty-dollar charge for the renewal hearing. T think youdre going to spend more than eighty thousand dollars in the eourt cases ko challenge that charge. When you suspend a license, we impose a requirement to qlve a hearing when -- when that one year, for example, is over, I'a entitled to a hearing. I donlt think you aan eharge me for that, because you -- we've imposed khat one year, and we've imposed the hearing. So I just invite you to take a second look at that in the conference committee. I think it ought to be out also.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) All right. Further discussion? Senakor Carroll.
Should this bill get that far to get to conference committee, I suggest there are other problems With it, Senator Davidson, and - - and I -- I think some very serious concerns. For example, under the cannabis control forfeiture provisions, the money is supposed to be used to combat drugs - not to buy radios, or car phones, or things totally unrelated to drug enforcement. This would now allow them . to . buy paper clips for any part of thé Secretaryds office. donlt think that was ever his intent, but that is clearly What the language of this says; it's for qeneral administrative costs eotally unrelated to drug enforeement control. think it's a very dangerous position for any of us to vote for, where we would say on the record that monies that were supposed to be used to fight drugs can now be used for paper clips, staplers, thkngs llke EhaE. fome other problems, if I might, you also have in here that person is stopped by a Secretary of State's Policeman, for any charge whatsoever, that the Secretary of State can have the court order a payment to the secretary of State of a11 costs, as defined by the Secretary of State, for that arrest: the cost of gas for following them down the road; a portion of the cost of the squad aar; a portion of the 146 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 cost of overtime' if that officer happened to be on overtime; a portion of the cost of the uniform; a portion of the cost of any expert witnesses; any equipment in the car. You ean end up with a person charged with golng ten miles over speeding, that happened to be stopped by a Secretazy of State's Poltce, and have a four-hundred-dollar charqe on *op of a fifty-dollar finew beeause that's what they allocated that officer's court time, road time and equipment time for. This sounds to me like a repeat of one of the machine gun bills We once had years ago, and I think this would be better to not go very far at tbis point.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Davidson.
Senator Carroll, in -- in response - and I got to say - I'm not well -- versed on this, but according to the information sheet given to me at the Secretary of State's Office, that these funds which you were alluding to this other use, which doesn't say so in the billy says these funds could be used for investigative purposes only. With the understanding thak this bill Will go to conference so we can correet any of the bad parts of the bill, kould appreciate a favorable vote, so we can get into conference and see we can eorrect whatever is or is not perceived as may be wrong with this.
PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator de1 Valle. SENATOR dEL VALLE: Well, thank youz Mr. President. I also have problems with the aeid forfeiture provision in this blll. We've been looking at What should be done with acid forfeiture dollars. Community organizations from al1 over the State are looking for assistanee in e' heir war against dru/s at a community grassroots level, and the Judiciary Committee will be conducting a hearing ln the month l47 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 of July to look at all the acid forfeiture legislation and to see if we ean develop a comprehensive plan to make sure thak those dollars are used to put back into the communities where theyfre needed to combat drugs - not to purehase uniforms for police departments; not to do -- purchase vehicles, but rather to combat drugs at a neighborhood level. So I would hope, Senator Davidson, that we wouldn't move on this bill and that we allow the time necessary to take a careful look at how we are using those acid forfeiture dollars in the State of Illinois.
PRESIDINC OPFICER: (SENATOR J.J. JOXCE) Further discussion? Senator Leverenz.
May the sponsor yield to a eouple of quick questions?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) He indicates he'll yield.
Could you help hopefully help us understand what ''investiqative purposes only'' encompasses? What would come under those total headings? That's the firsk question.
PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Davidson.
My understandinq is it would be used for sting operations, investigations under drug use or stolen car ring, et cetera: et cetera. Only in the prosecution of -- excuse me -- of gathering evidence for people who would be doinq wrongdoing. which would be attributed or useful or necessary under the Secretary of State's Police for prosecution.
PRESIDING OFFICER: (SENATOR JOYCE) Senator Leverenz.
Knd then -- as others, I guess. have indicatedr on Page l48 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 starting with lines 26, ''In a11 eonvictions of offenses in violaeion of this Act, the eourt may order restitution to the Secretary of any and all sums expended for the purchase of evidence'' - I have no idea what the evidence might cost - ''for the employment of persons to obtain evidence'' you could end up underwriting an entire task force - ''and for the payment of any goods or services related to obtainin: evidence. '' Is that not the first time that that has ever been put in a bil1. . .
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Davidson.
.. . Of any agency Of any police?
PRESIDING OFFICER: (SENATOR JOYCE) Senator Davidson.
Well, my understanding is the restitution part is in many instanees where they are setting up sting operakions, et cetera, where they have to rent a faeility, a11 or part of -- thereon i: can amount to up to several hundreds to several thousandé of' dollars, and thls is an attempt ko recover that expenditure.
PRESIDING OPPICER: (SENATOR J.J. JOXCE) All riqht. Any further discussion? Senator Davidsonz to close.
Well, Mr. President and Members of the Senate, itfs been already agreed to by the people from Secretary of State 's Office. I'd like this bill to get out of here so we can gek it to conference committee. We can address those problems which was raiEed by the indlviduals about the part -- a couple of questions Which Were raised. I got to say, the Leqislative Reference Bureau is the ones Who -- who used that language and said that's what had be there, When it has to be -- if it's wrons , or gives l49 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Leqislative Day June 26w 1991 misleading information, wedll take it out. I'd appreciate a favorable roll call.
PRESIDING OFFICER: (SCNATOR J.J. JOYCE) A11 right. The question is, shall House Bill 1995 pass. Those in favorz vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have all voted Who wish? Have a11 voeed Who wish? Take the record, Madam Secretary . On that question, there are 27 Ayes, 26 Nays, 4 votin: Present. House Bill 1995, having not received the required constitutional majority, is declared failed. Senator Davidson.
Postponed Consideration, please.
PRESIDING OPFICER: (SENATOR J.J. JOYCE) Postponed Consideration. Senator Joyce, for what purpose do you arise?
Thank you, Mr. President. rise on a point of parliamentary inquiry.
PRESIDING OPFICER: (SENATOR JJJ. JOYCE) SEate your point.
Would I be correct, Mr. Chairman -- Mr. President, in my belief that if a motion is filed on a bill and that bill resides in this Body, that that bill cannot leave this Body until that motion has been disposed of?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Yes. That às correct.
Thank you: Mr. President.
PRESIDING OFFICER: (SCNATOR J.J. JOYCE) Senator Hudsonz for wbat purpose do you arise?
150 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Purpose of an introduction, Mr. President. In the gallerye in back of me, to the left, are members of the Kendall County Farm Bureau who have eome to Springfield to see us in action today. PRESIDINC OFFICERZ (SENATOR J.J. JOYCE) Will our guests please stand and be recognized. Al1 right. The botkom of Page 9, House Bill 2125. Senator Barkhausen. Read the bill: Madam Secretary.
House Bl1l 2125. (Secretary reads title of bill) 3rd Readlng of the blll.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Barkhausen.
Mr. President and Membersz this was a bill we discussed just a few moments ago on the Recall List. It Would mandate an assessment on those convicted or placed on probation: supervision, and conditional discharge under the Cannabis Control Acte the Controlled Substances Aet and the Steroid Control Act. 0ur amendment gives eourts some additional discretion in imposing this assessment and also requiring public service Work. I know of no opposition, would be happy to answer your questions, and would otherwise urge a favorable roll call.
PRESIDINC OFFICER: (SENATOR J.J. JOYCE) Is there discussion? If not, then the question is, shall House Bill 2125 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 55 Ayes, none voting Nay, and none voeing Present. House Bill 2125, having received the constitutional majoritye is declared passed. House Bill 2134. Senator J.E. Joyce. Middle of Page l0. House Bill 2292. Senator Jones. 15l ! ' STATE 0F ILLINOIS ; 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senator Janes. 2292. House Bill 2362. Senator Luft. Read the bill, Madam Secretary. SECRETARY HAWKER: House Bill 2362. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDINC OFPICER: (SENATOR J.J. JOYCE) Senator Luft. SENATOR LUFT: Thank you, Mr. President. House Bill 2362 creates a Business Economic Support Act. It just simply sets up certain criteria, allowing public economic incentives for private enterprises. The Auditor General reported that it appeared that many agencies were not doing any cost-benefit analysis before providing those incentives ko business. This does allow for -- and sets up certain criteria that have to be met. The bill also extends the statutory authority Which allows DCCA to use federal funds. PRESIDING OFPICER: (SENATOR J.J. JOXCE) . Is there any diseussion? If not, then the question is, shall House Bill 2362 pass. Those voting -- those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wisb? Have all voted Who Wish? Take the record, Madam Secretary. On that, there are 59 Ayes, none voting Nay: none voting Present. House Bill 2362, having received the required constitutional majority, is declared passed. Senator Butler, for what purpose do you arise? PRESIDENT ROCK: 2589. Senator Welch. 2592. Senator Savickas. Read the bill, Madam Secretary, please. SECRETARY HAWEER: House Bill 2592. (Secretary reads title of bill) l52 l STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SZNATE TRANSCRIPT 51st Legislative Day June 26, 1991 3rd Reading of the bill.
Senator Savickas.
Yes. Mr. President and Members of the Senate, House Bill 2592, as presently amended, does two things. Pirst, the amendment has municipalities treaEed, for health plannlng and services, as they are in similar respeets, as a single unified area. And it provides for appointment to the Illinois Hea1th Facilities Planning Board, of representatlves -- newer kinds of health care facilities not already represented on the State Board, which would include ambulatory surgery centers, renal dialysis centers and HMOs. The third item that House Bill 2592 does kas ask that the State prepare and have availablee for those school distriets that wish to use it, a program dealing with chemical dependeney for cur ehildren in the schools, and I Would answer any questions that you may have.
Discussion? Senator Pawell.
Will the sponsor yield for a question?
Sponsor indicates he kill yield, Senator Fawell.
Is this the bill that we had under discussion?
Senator Savickas.
Senator Fawell, this ls the bill that would allow each munieipality to be treated as one for the purposes of construcking a hospital. Yes.
153 STATE OF ILLINOIS 87th GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senator Fawell.
Could you tell me, are you talking about a hospital in Cook County: or are you talking about a hospital in another county? PRESIDENT ROCK) Senator Savlckas.
Senator, not to beat around the bush and go kickin: around years ago, When boundaries were decided on -- to be used for a health facility's planning, it was set up through the Pederal Government's then planninq system, Which only incorporaeed county lines. What has happened since the Federal Government has gotten out of it - and there are many municipalities -- I think there's about eight of them at this point that lie within the boundaries of tWo counties this caused a problem for those municipalities ehenselves to retain tbe abllity to have a health -- a medical facility in their areas. Now those -- those counties probably -- or those municlpalities include Naperville, Aurora, Boffman Estates. Chicago, Hinsdale, and I think there is one other -- I think it would also include -- no that -- and Centralia. So not just for Cook or Dupage County.
Senator Fawell.
Welly to the bill: when these health facilities were oriqinally se* up -- when these health facility boards were originally set up# they were set up mainly With one purpose, and that was so that there would not be a duplication of services all of a sudden by some other hospital. 0ne of the problems that wefv: got in thfs State right now is wefve got too darn many hospitals beds. Many of our hospitals are going out of business because of the fact that health services have changed considerably 154 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 in the last few years. We no longer have times when women are allowed to stay in hospital beds for ten days after they have their children; they are dismissed a day and a half -- two days after they they have their babies and sent home. They no longer have long-term care after operations, because of the fact that operations are done quite often on an outpatient basis. And so we no longer need these beds. What Senator Savickas is talking about is allowing a hospital to come into one of these health facility districts, because they happen to overlap into another district and into another -- and -- because a municipality crosses a county line, and allow a hospital to be set up. Now I happen to know that one the hospitals obviously that we're talking about wants to come into my county within a few miles of two very large hospitals - two hospitals which have already recently expanded. One is Central Dupage Hospital in Winfield, and one is the Edwards Hospltal in Naperville. Por us to sit here and allow hospitals to continually build and then rebulld and then rebuild and then to come down here and ask us to support them in the manner that they Would like to become accustomed toz is crazy. The hospital facility board was set up With with a purpose. It was a good purpose. It was a purpose to make sure that this type of thing would not happen, and I strongly urge a No vote.
Further discussion? Senator Savickas may elose.
Ves. I think Senator Fawell hit it on the head - many of these thinqs are antiquated and outdated, and to bring us update and out of the backdated areas of planning and programming, that we should start to recognize that problem. Treat municipal boundaries, which should be recognlzed -- *he recognized standard for eomprehensive plannin: activities. The Federal Government has withdrawn fron dietating health planning areas. The treatment of 155 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 a city or villaqe, as within one health planning area, recognizes that municipality's responsibilities to its residents to provide the municipalwide comprehensive planning services. And we have another important item -- is that the municipal health departments operate throughout a city or a village, so to divide those smaller cities or villages that are divided by county line or 1ay within two counties is a wrong standard to hold them to, and I think that should be adjusted, and I would seek your favorable support.
Question is, shall House Bill 2592 pass. Those in favor: vote Aye. Opposedr vote Nay. And the voting's open. Have al1 voted who wish? Al1 voted who wish? A11 voted who wish? Have all voked who wish? Have all voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 24 Ayes: 28 Nays, 1 voting Present. House Dill 2592, having failed to reeeive the required majorityz is declared lost. The Gentleman requests that further consideration be postponed. So ordered. Ladies and Gentlemen, we are going to move, having now been through the Calendar on House Bills 3rd, Wedre qoinq to . the Order of Consideratlon Poskponed, since again this is the deadline day. The Chair also informs me that there have been a couple of Motions to Reconsider that have been filed. So if you Will turn to Page 20 on the Calendar. Page 20. Page 20 on the Calendar. Each of these thirteen bills has been heard before: so I Would admonish the Membership to keep their remarks as brief as mercifully possiblê. Ladies and Gentlenen, We are going to go to the Order of Consideration postponed. Then we Will move to the Order of Motions in Writing to reconsider votes. then we will qo to the Order of Concurrence. Page 20 on the Calendar, on *he Order of Consideration Postponed. House Bill 5. Read the bill.
House Bill 5. l56 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26: 1991 (Secretary reads title of bill) 3rd Reading of the bill.
Senator Brookins.
Thank you, Mr. President. House Bill is -- a Seeretary o: State Truck Safety Task Force proposed this legislation. The task force is made up of the following organizations: Illinois Commerce Commission, The Departaent of Transportation, Secretary of State's Office, State Police: Highway Safety and Traffic Safety Administration, Allstate Insurance Companies, State Farm Insurance Company, Chicago Association of of of Commerce and Industry, the Midwest Trucking Association, the Ilàinois Trucking Association, and the International Brotherhoods of Teamsters. This is a proconsumer bill. It means to save professional moving expenses, when rented trucks are offered -- offer the same services and reduce costs. Many people rent and drive these trucks, not knowing that sometimes theyfre illeqal. In forty-nine other states allow consumers to rent trucks up to twenty-six thousand pounds, with no reported problem. Currently a citizen ean drive a motor home that range between thirty-two and forty feet w1th the standard driver's license, but it is illegal for a consumer to rent a truck longer than thirty-two feet under this current law. This bill will benefit the consumers of the State. This also just one note, passed out pictures of what we are talkkng about, sivinq you a descrlpElon. These trucks are no larger than a two-and-a-half-ton truck. So I ask for a favorable vote. PRESIDENT R0CK: Discussion on House Bill 5? If not, the question is, shall House Bi11 5 pass. Those in favor, vote Aye. Al1 right. Ladies and Gentlemen, please. He're going to be on Consideratlon 157 STATE OF ILLINOIS 87th GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Postponed and then Motions in Writing to reconsider votes. I'd ask you, please, we have only a couple of hours of work remaining: if we could start paying attention. And When you wish to address the Body: please turn your light on. Senator Hawkinson.
Well, thank you, Mr. President. I apologize. Was a little late on the ltght. This is the bill, isn't it, Senator Brookins, where if Senator Demuzio's son or daugbter wants to move from college, that they would have to go in and -- and take a test or have the safety video each time they do it?
Genator Brookins.
That is correet.
A1l right. Further diseussion? Any further discussion on House Bill 5? If not, the ques*ion is. shall House Bill 5 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting's open. All voted who wish? . Al1 voted who wish? Have a1l voted who wish? Have all voted who Wish? Take the record. On that questiony there are 21 Ayes, 30 Nays, 2 voting Present. House Bill 5 fails. House Bill l2. Senator Holmberg. Read the bill, Madam Secretaryx please.
House Bill 12. (Secretary reads title of bill) 3rd Readin: of the bill.
Senator Holmberg.
Thank you, Mr. President. House Bill 12 is a major legislative initiative of the Couneël of Women Legkslators thks l58 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 year, COWL. It basically says that a11 appointed boards, eommissions, committees and councils of this State shall be gender balanced to the extent possible and to the extent that appointees are qualified to serve on those boards. Initially, as introduced in the House last year not this year - there was a mandate involved. This time it just says to the greatest extent possible. The reason for the bill really evolved from when COWL was very instrumental in puttlng in a day-care center on the Capitol complex. And as We tried to work with the Space Needs Cammission, we realized there was not a single female representative on that Space Needs Commission. And the day-care center money kept qetting moved around and delayed. We ran into the same thing when ke built the State of Illinois building in Rockford, under CMS, which at that time was an all-male board. The building was built without a single closet, and we knew that had there been a female on that board, that kind of a plan would not have been approved. Ie just seems reasonable that in the year 1991, when over half of the population in Illinois is female, that we in Illinois should be moving towards female representation on our boards. Illânois has three hundred and two appointed boards, commissions and councils, with twenty-five hundred and eight appointees, of which nineteen hundred and sixty-four are men, five hundred and thirty-four are women - only twenty-one percent. Iowa has a gender balanced bill, as do Alaska, California, Delaware, Florida: Hawaii, Kansas, Minnesota: Montana, North Dakota, New Jerseyz ohio, Rhode Island and Wisconsin. 1* certainly ls a reasonable approach. is the right thing to do. This 1991, not 1919. Let's do i*. LeE's support *his bill.
Discussion on House Bi1l 12? Any discussion? If not, the question is, shall House Bill 12 pass. Those in favor, vote Aye. Opposed, vote Nay. The voting 's open. Have all voted who wish? 159 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 51st Legislaeive Day June 26y 1991 Have a1l voted who Wish? Have al1 voted who Wish? Have a1l voted who wish? Take the record. On that question, ehere are 40 Ayes, 15 Nays: voting Present. House Bill having received the required eonstitutional majority, is declared passed. 143. Senator Brookins. Yes, no or maybe? Read the bill, Madam Secretary.
House Bill 1-4-3. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Brookins.
Thank you, Mr. President. I think that we a11 know What this is. This is the Buy America Bill. We dre askinq that we use steel, that we buy products made in the United States. And the reason that we're asking that is that we want to provide jobs and Work for people in Illinois and we want to hire the people that have latd off to work. I think that will . help the economy of Illinois and probably wouldn't be in the position today that wefre in, looking for where wedre going to get money and -- and prevent the cuts and cutting off of other employees and sending them to the public aid facilities. I ask for a favorable vote. This is an Aye vote. We know the issues. We knoW what it's about. Just vote Aye.
Diseussion on House Bill 143? Senator Hudson.
Thank youg Mr. President. Yese We did debate this bill the other day. This bill did not procure enough votes for passage. It's no better Eoday than it was the other day. Itlll cost the State roughly ten percent more to comply with the provisions of l60 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 this bill. It is estimated that it would cost us between s1x and seven - the State of Illinois - six and seven million dollars per year it tried to eomply with the provision of this bill. The bill, which specifies certain specifie contents of produets to be made in thls country, et cetera, et cetera, would be very difficult to enforce. It would invite retaliation by other companies. If we begin to do this, they will say, ''Okay, then we won't buy from you.'' And I will argue that this could -- this could hurt the very workers that it's intended to serve, because if we end up once again hurting business in Illinois, we are not serving the interests of the workin: men and women in this State, but we're hurting them . So that's -- and it lacks definitions in standards. You know, when youlre talking about buying products and you're trying to determine exactly what percentage of materials come from where in tbose products, you've got to have some sophlsticated devices set up in your company to be able to do this, or you -- or the State of Illinois would have to do this, to be able to determine with any precision and be able to comply with these provisions. And I submit that it would be a very difficult thing to do, and if the State did not do that, then it would be subject to -- or a company would be subject to lawsuits and al1 the rest it, and the courts tell us that -- or We...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Will the Gentlemen brlng his remarks to a close, please?
a .. courts are not prepared, are not equipped to handle Ehese - - simply to handle these kind of cases. I would urge a No vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator -- Senator Butler.
Thank you, Mr. President. Just tWo quick comments. Number one: I don't know if anybody keeps track of how much additional 161 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 5ls* Legislative Day June 26, 1991 money Wedre authorizing here. But herels seven million bucks more than -- than we spent last year, just on this one item. Secondlyy echoing Senator Hudson, this is a nightmare to keep track of. Who is going to take apart a piece of machtnery to determine what its eontents are? We can strap business in a number of ways. Let's not do it this Way. PRESIDTNG OFFICERI (SENATOR LECHOWICZ) Senator Brookinsw to elose.
Thank you, Mr. President. I1m not going to go into any lcng rhetoric and -- and -- and rhetoric, but I am going to say that this bill is about jobs and employment and preventing people from soing on public aid. We'l1 save far more than seven million dollars if we can prevent them people from going on public aid, put them back to work, and make them productive, working , taxpaying citizens again. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall House Bill 143 pass. Al1 in favor, vote Aye. Al1 opposed, vote Nay . The voting is open. Have all voted who wish? Have al1 voted who Wish? Please take the record. On this question, there are 26 Ayes, 29 -- 29 Naysr none recorded as Present. And House Bill 143, having failed to reeeive the constitutional majority, is hereby declared lost. 273. Senator Marovitz. Read the bill: Madam Secretary. SECRETARY HAWKER : House Bi1l 273- (Secretary reads tltle of bi1l) 3rd Reading of the blll. PRESIDING OFFICER: (SENATOR LECHOWICZ) The Gentleman from Cook, Senator Marovitz. SENATOR MAROVITZ: Thank you very much, Mr. President and Members of the Senate. 162 STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26: 1991 House Bill 273 establishes a nutrition outreach and public education program, administered by DPH Department of Public Health. The purpose of the program is to identify areas where persons eligible for food programs and these are federally funded food programs - are not received, and to help enroll such people in these federally funded programs. Numerous groups representing women, children: seniors, veterans and the homeless are sponsorinq this legislation. Numerous studies by the Department oî Public Health and Citizens Assembly on Publie Aid show that food assistance is increasingly needed by the unemployed, by veterans, by senior citizens, by the homeless and by children in our State. An Illinois survey conducted by the Salvatlon Army shows that approximately a third of those eligible for these federal food stamp programs are not participating, because khey don'e know abcut the programs, they don't know how to get in the programs. Thatds a1l this bill is about to help our citizens - Illinois citizens who are going hungry today get in these federally funded, federally subsidized programs. These are not State dollars. The Department.of Public Aid says well, they are going to need some State dollars to fund Weire talking about typists that they lve already got in the Department. This program in reality would cost nothing and help manyy many of our hungry people get federally funded programs that are available to them that they don't even know about, and I solicit your Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discusslon? The Lady from Cook, Senator Topinka.
Yes. Mr. President and Ladies and Gentlemen of the Senate, I admire what Senator Marovitz is trying to doy because he certainly tries veryy very hard, you know, not only to represent his district, but the people of the State of Illinois. Our problem at this tine is -- is fiscal. It's my standard story. 163 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Even to get and access federal dollars, we have to put up-front dollars, and those up-front dollars are not available. The program costs, according to the Department of Public Aid, would be two hundred and eighty thousand two hundred dollars. Maybe in thls year when we dre making severe cutbacks, we still anticipate more: these moneys might be better channeled into current and existent food programs rather than going out to solicit to see how far further we can stretch these very, very slim dollars. So l think my objection would have to stay the same as did originally.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz, to close.
Thank you very much, Mr. President. Well, what I'm saying to you, Ladies and Gentlemen, is this program Will cost the State of Illinois zero dollars. Nothing. And yetz Will allow veterans, seniors and children who are going hungry to get on the federally funded programs. What does the Department of Public Health say it is going to cost, perhaps, if anything? Well, we are going to have to hire some typists, okay? A couple typists. We're going to have to buy some equipment for thirty - forty thousand dollars. The fact is those typists and that equipment are already in the Department of Public Health. They don't have to hire anybody. They don't have to buy any neW computers or any new equipment to help the hungry people, children, seniors and veterans in our state get on these federally funded programs, and solicit your Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 273 pass. All in favor, vote Aye. Al1 opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have al1 voted who Wish? Please take the record. On this question, there are 31 Ayes, 26 l64 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Nays, none recorded as Present. House Bill 273, having received the constitutional majority: is hereby declared passed. Senator Topinka, -- requests verification. Very good. Would the Membership please be in your seats. Would the Secretary please verify the affirmative vote.
The following Members voted in the affirmative: Alexander, Berman, Brookins, Carroll, Collins, Cullerton, Daley, D'Areo, de1 Valle, Demuzio, Thomas Dunn, Hall, Holmberg, JacoYsê Jonesr J .E. Joyce, J.J. Joyce, Kelly, Lechowicz, Leverenz, Luftz Marovitzz O 'Daniel, Palmer, Rea, Savickas, Severns: Smith, Vadalabene, Welch and Mr. President.
PRESIDING OEFICER: (SENATOR LECHOWICZ) Are there any questions of the affirmative vote?
ïes, please. Senator Palmer.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Palmer. Is Senator Palmer on the Floor? Please remove her.
Pardon me?
PRESIDING OFFICER: (SENATOR LECHOWICZ) She's removed.
Oh, I'm sorry. Senator Berman.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Brookins is right there.
Bermany please.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Oh, Berman.
165 STATE 0F ILLIXOIS 87th GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Xeah.
PRESIDING OFFICER: (SENATOR LECHOWICZ) just seen him. Senator Berman on the Floor? He's on the Floor.
Senator O'Daniel.
PRESIDING OFFICER: (SENATOR LECBOWICZ) Senator O'Daniel on the Floor? Senator O'Daniel. Remove him .
That will do, thank you.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Are you through? Okay. On that question, there are 29 Ayes, 26 Nays. House Bill 273, having failed to recelve the constktutkonal majobityy is hereby deelared lost. Please turn to Page 21 of the Calendar. Appears House Bill 329. Senator Leverenz. Read the bill, Madam Secretary.
House Bill 3-2-9. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDTNG OFFTCER: (SENATOR LECHOWICZ) Gentleman from Cook, Senator Leverenz.
Thank you, Mr. President. This bill Would eall on the Department of Aging to develop and coordïnate an informational program distributed to the sênior organizations across the State, helpin: them get access to child care training. Answer any questions anyone might have. Ask for your Aye vote to pass the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Gentleman from Sangamon, Senator Davidson.
l66 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Question of the sponsor.
PRESIDING OPPICER: (SENATGR LECHOWIQZ) Indicates hebll yield.
Is the criminal background eheck still in this bill on that senior care person? And even if it is, there's no way they can dismiss or cause for that person not to be hired or continue to be in the program for child care?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.
Senator, I believe your question is answered : if I ean refer you to Page 2. The demonstration module shall include dissemination of information on employment and volunteer work opportunities; on avatlabte traëning programs kn the geographic area including institutions of higher education through professional organizationsz DCFS provider traininq, and Resource Development -- Resource and Referral Systems. Additionalty, information regarding license requirements, health and background checks, and a general introduction to child care shall be included in the demonstration module.
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Davldson.
I understand that part of it. The question I really want an answer ho is can Ehey be dismissed if Ehey have a criminal backqround?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Leverenz.
I believe that they can.
PRESIDING OFEICER: (SENATOR LECHOWICZ) l67 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senator Davidson.
Well, that may be your belief, but from what my understanding is, and the analysis of the bill is, sure, you do the background check - it comes up with a criminal background. There's nothing in there that says the person can be dismissed for it. So consequently, these children are not protected from someone who's a senirr who's going to be in this program who has a criminal background. I think this was a good No vote the first time; it's a good No vote this time.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady from Cook, Senator Topinka.
Yes, Mr. President, Ladies and Gentlemen of the Senate, unfortunately, We continuez you know, to have opposition from Councils on Aging, who feel that this money, indeed, Would now be diverted into this new pilot program from their area agencies, and therefore they Would not be able to carry on with much-needed prograïs that they would like to fund qurrently and anticipate possibly having to cut because of lack of State support, as we go about our business trying to balance the budget. This, too, has a fiscal impact on the State of Illinois, Which is thirty thousand dollars. That's probably minor in terms of the whole budget. But my concern is what this ultimately gets down to when it ripples to the Councils on Aging - who do have various and -- and needed programs thls is another new program. They -- our Councils on Asing also tell me that on a voluntary basis, should anyone want training in this, it can be done. But largely, they have found that the senior citizens who are members, indeed are really not interested in -- in baby-sitting or doing any kind of child care. So I think we continue with our opposition.
PRESIDING OFFICER: (SENATOR LECHOWICZ) l68 STATE 0P ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senator Leverenz, to close.
With al1 due respect to the prior speaker, I was told as a child that better tell the truth or my nose would grow. The fact of the matter is that the local area Agencies on Agin: have, I doubt: any direct -- a number of dollars that you eould attribute to this program . It is simply a demonstration program. It is simply a dissemination of information program the locals that may or may not want to participate in the demonstration program. And 1'11 eall her attention to her vote on# I believe, Senate Bill 822, in which she voted in the affirmative, as well as another bill, in which she voted in the affirmative. But we lose her vote on this, that's fine. kould ask for your support to provide a demonstration program for the active seniors that want to be productive members of society and earn some money at the same time.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 329 pass. Al1 in favor, vote Aye. All opposedy.vote Nay. The voting is open. Tedv would you give us a profile shot? I got to check your nose. Oh# there you go. Have a1l voted Who wish? Have all voted who wish? Please take the record. On this question, there are 31 Ayes, 28 Nays, none recorded as Present. This bill, having received the constitutional majority, is hereby declared passed. Senator Topinka, what purpose seek recognition?
I'd like to do a verification, please. I'm trying to see over my nose, and I do happen to notice there are a few people missing.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Thae's in order. I think theydre all herer though. Madam Secretary, would you please verify the affirmative roll call? A verificatlon has been requested. Please verify the affirmative 169 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legkslatkve Day June 26# 1991 vote.
The following Members voted in the affirmative: Alexander, Berman, Brookinsz Carroll, Collins, Cullerton, Daley, D 'Arco, del Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jaeobs, Jones, J .E. Joyce, J .J. Joyce, Kelly, Lechowicz, Leverenz, Luft, Marovitz: O'Daniel, Palmer, Reaz Savickas, Severns, Smith, Vadalabene, Welch and Mr. President.
PRESIDINC OFFICER: (SENATOR LECHOWICZ) Senator Topinka, do you have any verification of the affirmative roll?
Senator Berman, please.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Berman. Senator Berman is on the Floor.
Senator Collins.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Collins on the Floor.
Senator Welch.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch is on the Floor.
Senator Jerome Joyce.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jerome Joyce. He's on -- he Was just here.
Theydre all here.
PRESIDING OFFICER: (SENATOR LECHOWICZ) On this question, there are 31 Ayes, 28 Nays, none recorded as Present. And House Bill 329, having receized the constitutional STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 majority, is hereby declared passed. 495. Senator Jones. Read tbe bill, Madam Secretary.
House Bill 4-9-5. (Secretary reads title of bill) 3rd Readkng of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.
Yeah . Thank youz Mr. President. House Bill 495, as amended, creates the Respiratory Care Practice Act for the regulation of the practice of respiratory care by the Department of Professional Regulations. It establish requirement for registrations and create a respiratory care examining committee. Wedve heard the debate on this bill. There are currently thirty-one states throughout the United States that regulate this very, very critical care. would not raise the cost of hospital care, but what it will do is ensure all those persons -- it's very difficult to hear, Mr. President.
PRESIDING OFFICER: (SSNATOR LECHOWICZ) Xour point is well taken.
What this legislation would do will ensure that those persons being in critical carez those persons who come in through the emerqency room, those persons who need special carez would have a trained person qualifled Eo do Ehe job. And currenEly righk now, those persons are being -- recelve what you call, Hon-the-job training.'' And on-the-job training can be one weekz can be one month and you may get in the hospktal, or your friendr or relative or any citizen go in the hospital, they will not have a specialist taking care of them or the most critical thing as relate to hospital care. And that's your -- respiratory therapy. This bill l7l STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 will ensure that those persons receive the proper licensure and the proper educational training and background to give this very critical care, and I ask for a favorable vote on House Bill 495.
PRESIDING OFFICER: (SENATOR LECHOWICZ) You know, the noise level is awful high. Could we have your attention please? Thank you. Senator Schuneman. Schuneman.
Thank you, Mr. President. Well, I rise in opposition to this bill, as I have the several times it has been presented here. Senator Jones makes the point that somehow We're proteeting health care here and -- and take just the opposite point of view. There's nothing in the bill that would guarantee that people would get any better care than they're getting now. There was not a single shred of evidence presented to the committee to show that - - that good health care has -- has ever failed to be provided, under our current system . Al1 the bill does is set up a special category of licensing people, which is going to cause another increase -- another mandated increase by this Legislature in the cost of health care in this State. I!m -- IIm really surprlsed to hear a11 the eomplaints on the Floor of this Senate about how health care is out of control, and then the next bill we vote upon causes health care costs to increase aqain. And it's simply a fact that if we continue to pass this kind of legislation, continue to set up special categories of people that our hospitals are going to have to deal With, that we are, in fact, raising the cost of health care in Illinois. As I remember this particular bill, at the present time it requires no particular Act to become certified other than to apply for youfve been doing this kind of thing in the past, you dre automatlcally grandfathered, I believe, under this bill. And I simply ask you to call a halt to - - not only this, but all the other increases in health care costs that we're passing in this Senate. l72 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Jonesr to close.
Thank you, Mr. President. And in response to the previous speaker, hospital care costs would not go up, but one of the things that we do is we license everyone in that health care professions; we license nurses, we license LPNS, we license doctors, but the most critical care that one needs is the respiratory care, because if you're in the emergency room, it's that respiratory care person that see to it that you are breathing properly - that you receive the proper oxygen. Knd you cannot have those persons who are unqualified, untrained, doing that job on the OTB <sic> basis. So it's not going to rise -- raise the cost of hospital care, but it would ensure -- it would ensure that the entire medical team is licensed, qualified to give the best service care that We needy and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall House Bill 495 pass. A1l in favor, vote Aye. A11 opposed, vote Nay. The voting is open. Have all. voted who wish? Have a11 voted who wish? Have a11 voted who wksh? Please take the record. On this question, there are 31 Ayesz 26 Nays, none recorded as Present. This bill: having received the constitutional majority, is hereby declared passed. Senator Schuneman requests to verify the affirmative vote. Request is in order. Hope that everybady's here. Please verify tbe affirmative vote.
The following Members voted in the affirmative: Alexander, Berman, Brookins, Carrollr Collins, Cullerton: D 'Arcog Davidson, DeAngelis, de1 Valle, Donahue, Fawell, Geo-Karis, Hall, Hawkinson, Jones, J.E. Joyce, Kelly, Leverenz, Macdonaldy Madigan, Mahar, Palmery Raica, Rea, Savickas: Severns, Smith: Topinka, Weaver and 173 STATE OF ILLINOIS 87th GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Mr. President.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Senator Schuneman, do you have any question of the affirmative vote?
Senator Collins.
PRESIDING OFFICER : (SENATOR LECHOWICZ) Senator Collins is on the Floor.
Senator Cullerton.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Cullerton? Hels on the Ploor.
Pardon me?
PRESIDING OFFICER: (SENATOR LECHOWICZ) He 's on the Floor.
Senator Brookins. There he is. There he is.
PRESIDING OFFICER: (SENATOR LECHOWIEZ) Brookins is on the Floor.
Withdraw that name. Senator Savickas. PRESIDING OFFICERI (SENATOR LECHOWICZ) Senator Savickas? Senator Savickas on the Floor? Please remove him.
Jeremiah Joyce.
PRESIDING OFFICER: (SENATOR LECHOWICZ) He's on the Floor. He's rkght back there.
Senator D 'Arco.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 174 STATE OF ILLINOIS 87th GENERAL ASSEMALY REGDLAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 D 'Arco 's on the Floor.
There he is, okay. That's all, Mr. President. Oh.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Yes, sir. Schuneman.
Yes. Thank you. Senator Donahue, Mr. President.
PRESIDING OFPICER: (SENATOR LECHOWTCZ) Is Senator Donahue on the Floor? Donahue. Please remove her. SENATOR SCHUNEMANZ I think that is all, Mr. President.
PRESIDING OFFICER: (SENATOR LECHOWICZ) On this question, there are 29 Ayesz 26 Nays: none recorded as Present. This bill, having failed to reeeive the constitutional majority -- House Bill 495 is declared lost. 589. Senator Marovitz. Read the bill, Madam Secretary.
House Bill 5-8-9. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Marovitz.
Thank you very muchr Mr. President and Members of the Senate. This bill mandates DCFS to maintain reasonable workloads for child welfare specialists and child protective investigators. Even DCFS acknowledges that the Workloads -- the caseload workers are extremely extremely excessivee and that the kids are not well-served. DCFS is the defendant in several lawsuits, chargin: that they don't have enough caseworkers to adequately protect childrenz and this bill aktempts to deal with that problem. We have case we have workers in this State that take care of STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 ninety kfds. One caseworker takes care of ninety kids. The nationally accepted standard is twenty-one. This bill will take care of that problemz hopefully, and send a loud message where the priority of the General Assembly is in regards to -- to kids and their welfare.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Senator Topinka.
Yes. Mr. Presidentê Ladies and Gentlemen of the Senaee. Really and truly, Senator Marovitz does address a problem that DCFS has. Ik understands that. It's eurrently trying to work ehis out, both, you know, through various settlements that they're trying to make. You know, they would prefer that this bill not loek them in at this point. They also want the ability to be able to bring these sizes of -- of client to worker in -- in better perspective, which they could not do if this were locked in. And the bottom line to it is, it's thirty-one million dollars. We do not have thirty-one million dollars.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Marovitz, to close.
Thank you very muchg Mr. President. Well, the costs in Fiseal '92 are not thirty-one million dollars. The costs in Fiscal '92 are six million dollars. And this Will all be part of the budget negotiations, so that we can help determine where these kids are, how theyfre being treated, how they're being mistreated, and if we can't put our priorities in terms of kids and their needs, in terms of these kinds of kids that need protection from DCFS, Where are our priorities? They shouldn't be with bridges and roads; they ought to be with our kids. And that's wha: this bill is a11 about.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 176 STATE OF ILLINOIS 87th GEHERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislatlve Day June 26, 1991 The question is, shall House Bill 589 pass. A11 ln favor, vote Aye. All opposed: vote Nay. The voting is open. Have al1 voted who wish? Have all voted who wish? Have a1l voted Who wish? Please take the record. On this question, there are Ayes, 28 Nays, none reeorded as Present. This bill, having received the constitutional majortty, is hereby declared passed. Gentleman from Cookn Mr. -- Senator Raica.
Verification please, of the affirmative.
PRESIDING OFFICER: (SENATOR LECHOWICZ) This is getking to be rather taxinq. But the request is in order. But fros now on, why don't We just vote our own switches, and we'l1 do it tha: way. Madam Secretary, please verify the affirmative vote. Would the Membership please be in your seats. We are blessed wieh another verification. House Bill 589. Please verify the affirmative vote.
The following Members voted in the affirmative: Alexander, Bermanz. Brookins, Carroll, Collins, Cullerton, Daley: D'Arco, del Valle, Demuzio, Thomas Dunn, Hall, Holmberg, Jacobsy Jones, J .E. Joyce: J.J. Joyee, Hall, Holmberg, Jacobs, Jones, J.E. Joyce. Joyee, Kelly, Lechowicz, Luft, Marovitz: O'Daniel, Palmer, Rea, Savickas, Severns, Smithe Vadalabene: Welch and Mr. President. PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raicae do you have any questions of the affirmative vote? The thlrty-strong here? SENATOR RAICA ; Senaeor Carroll. PRESIDING OFFICER) (SENATOR LECHOWICZ) Carroll. Senator Carroll, is he on the Floor? zes. he is. That 's it. On this question, there are 30 Ayes: 28 Noes, none Present, and House Bill 589 is hereby declared passed. 827. l77 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26e 1991 Senator Demuzio. Read the billz Madam Secretary.
House Bill 8-2-7. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio.
Thank youg Mr. President and Ladies and Gentlemen of the Senate. House Bi11 827 passed the House 109 to 2. It provides the Statewide salary reimbursements equal to twenty-six percent of the previous year Statewide average special edueation teachers ' salary for special education teachers, professional workers, directors, school psychologists and preschool teachers for the deaf. We have debated this bill rather extensively. I would ask for your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Lady from Dupage, Senator Karpiel.
Thank youe Mr. President. Well, rise in opposition to this bill. This bill at -- at -- will have a fiscal impaet of nine million dollars in FY'93. I think while We are embarked or embroiled in this very tiqht money situation that we are this year With our budqet, we should not be getting -- passing new programs that are going to cost money that we don't know if we will have. It'l1 be nine million dollars in '93 and a five-percent increase from thereon. Also I I think that the State Board of Education is opposed to this legislation at thls time, because kbey are right now doing a study of this issue and plan on having their proposals ready by next year. So I would ask for a No vote.
PRESIDINC OFFICER: (SENATOR LECHOWICZ) Any further discussion? Senator Demuzio, to close. 178 STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legkslative Day June 26, 1991
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senator Karpiel is absolutely correct. The bill does not have any fiseal impact in 1992 or 193, but House Bill 827 is certainly reform, and now is the time to accomplish this very serious objective, and I would ask for your positive support. PRESIDING OFFICERI (SENATOR LECHOWICZ) Question is, shall House Bill 827 pass. Al1 in favor, vote Aye. All opposed, vote Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Please take the record. On this question, there are 35 Ayes, 21 Nays, l recorded as Present. This bill, having received the constitutional majority, House Bill 827 is hereby declared passed. House Bil1 1128. Senator Smith. Read the bill, Madam Secretary.
House Bill 1128. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: .IYENATOR.LECHOWICZ) The Lady from Cook, Senator Smith.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 1128 provides a comprehensive and responsible approach to the problem of pregnant women who use drugs. It is crucial that substance-abusin: pregnant Women are linked to b0th prenatal care and substance abuse services as early as possible, and that thekr famllkes are supported in safe, stable envkronments . The purpose of this bill is merely to protect substance-abused pregnant Women from criminal prosecution...
PRESIDING OPFICER: (SENATOR LECHOWICZ) Excuse me, Margaret. Excuse me; Senator. Would you please give the Lady your attention? Please. Please continue , Senator l79 STATE OF ILLINOIS I 87th GENERAL ASSEXBLY REGULAR SESSION SENATE TRANSCRIPT I 51st Legislative Day June 26, 1991 Smith. SENATOR SMITH : Thank you, sir. The purpose of this bill is to protect substance-abusing pregnant women from criminal proseeution and to insure coordination of services and referrals to case management services. I'd like to also make mention that this Will be going to conference committee, Where it Will be further worked on, and I ask for your favorite Ksic> vote. PRESIDING OFPICER: (SENATOR DEMUZIO) All right. Is there discussion? Senator Topinka. SENATOR TOPINKA: Yes. To the sponsor: 1 commend you for taking this to conference committee, because I think it needs a eleanup. One question 5 would like to ask you: at this time, does this bill still continue to prohibit the use of drug test results on newborns from being used as the basis for prosecuting the mother of the child? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator 5m1th. SENATOR SMITH: Yes. This is still in there. That's khat welre going to deal with. SENATOR TOPINKA: Oh. PRESIDING OFFICER: (SENATOR DEMUZIO) All rkght. Further discussion? SENATOR SMITH: May 1... PRESIDING OFFICER: (SENATOR DEMUZIO) Senator PaWell. Senator Smith Ray close. SENATOR SMITH: Mr. President, may I defer to Senator D'Arco, please? 180 I i STATE OP ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 PRESIDING OFFICERI (SENATOR DEMUZIO) Senator D'Arco may elose.
Thank you, Mr. President. donft think there is any disagreement on the bill. We want to qet it to conference committee to try to get these pregnant women into rehabilieation Within the Department itself, and I don't know of any opposition.
PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall House Bill 1128 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who Wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that questionp the Ayes are 46, the Nays are 3, none voting Present. House Bill 1128: having received the required constitutional majority, is deelared passed. House Bill 1470, Mr. Seeretaryy please. END OF TAPE TAPE 5
ACTING SECRETARY: (MR. HARRY) House Bill 1470. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.
Thank you, Mr. President and Memberô of the Senate. We have debated this bill three times in the past. It has received, at any one time, sufficient votes to pass, and I hope if everybody 's here who wants to vote for it does vote for we ean pass 181 . . . 4 STATE OP ILLINOIS 87th GENERAL ASSEMBLY RECULAR sEssloN SENATE TRANSCRIPT I i 51st Legislative Day June 26z 1991 now. Thks bkll deals With the issue of infertility and insurance. I think we a11 know what the arqumenes are . It applies to companies for group policies only - companies that have twenty-five employees or more. It does not apply to individual policies. Ik does not apply to self-insurers. It -- it affects eighty-five thousand couples, potentially, in the State. I have indicated in the past, with regard eo legislative intent addressing the concerns of the pro-life issues, that this bill does not provide any coveraqe for insurance for abortions. This only provides for insurance to treat infertility, which is sort of like the opposite of an abortion. The cost, as we've indicated, varies. We looked at other states. 1* varies anywhere from sixty cents in Delaware per family per month, to a dollar Ewenty in Minnesota. And once again, I -- I'd be happy to answer any questions, and T would urge an Aye vote. PRESIDING OFPICER: (SENATOR DEMDZIO) Discussion? Senator Madigan. SENATOR MADIGAN: Thxnk you, Mr..President, Members of the Senate. Once-eaqain/ I rise to oppose House Bill 1470. I think it's obvious that the bill needs further work. The Senate Amendment No. 2 may not be in order. Wesve had two different versions on this bill. We've held the bill in eommittee. Wefve held the bill on the Floor before. And I should point out at this discussion With that eighty-five thousand that Senator Cullerton mentions, that as far as the potential insured people, this only applies to th1 Ewenty-six percent of the poteneial policyholders on thisg and I would ask that -- and urge the Members to oppose House BiI1 1470. PRESIDING OFFICER: (SENATOR DEMUZTO) All right. Further discussion? Senator Schuneman. SENATOR SCHUNEMAN : Thank you, Mr. President. Just tWo quick points - first of 182 1 ! 1 I . i E 1 ! STATE OF ILLINOIS ' h 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 ally Senator Madigan was right on when he mentioned that although there may be eighty-five thousand couples in Illinois who are potentially infertile, this bill isn't going to help them all, because ehe great majority of people who are insured in Illinois are taken out of this bill or not included. The other thing I think is a perception that we ought to correet - and I think there are some Members who think the insurance companies are going to pay for this additional cost. Believe mey the insurance companies are not going to pay the cost. Individuals are goinq to pay the cost. Small business is going to pay the cost. And what We're doing bere is deciding that the cost that might be borne on a voluntary basis by some people is now going to become a mandated coverage on about twenty-six percent of the insurance policies that are -- that are issued in this State . This bill needs a lot of work. We ought to delay it until we gan come to a rational decision. I urge opposition to the bill. PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Ladîes and Gentlemen, we are on Postponed Consideration. Wef-ve always limited ourselves to the sponsor '- making a -- an arqument, and the opposing argument. And is there further discussion? And if not, Senator Cullerton may close. SENATOR CULLERTON: Thank you, Mr. President. Let me just respond to Senator Schuneman. T don't think I should be penalized by -- because this doesn't apply to a1l eighty-five thousand couples. It applies to maybe twenty thousand couples. Is tba: any less reason Eo pass it? The reason why it doesn't apply to everybody is because the Federal Covernment says you can't tell self-insurers what they have to offer: and we have, as a matter of public policy, exempted out the smaller companles, and at the request of people in committee, exempted out individual policies. That's why it applies to twenty-six percent. With regard to the cost - I never l83 STATE OF ILLINOIS 87th GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legkslative Day June 26y 1991 said that it wasn't going to be paid for in premiums. Sure: it's going to be paid for in premiums. T even told you what the premiums are going to be. In Minnesota, a dollar nineteen per month per family. Thatfs What the bill is about. I'd ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Question is, shall House Bill 1470 pass. Those in favor will vote Aye. Those opposed, Nay. The votkng is open. Have a11 voted who wish? Have a11 voted Who wish? Have a1l voted whö Wksh? Have all voted Who wish? Take the record. On that question, the Ayes are 30, the Nays are 25, 2 votin: Present. House Bill 1470, having reeeived the required constitutional majorlty, is declared passed. Senator Madiganr for What purpose do you rlse?
1 apologize, Mr. President, for delaying, but I Would request a verification.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Madigan has requested a verificatton of those Members who voted in the affirmative. Mr. Secretary, read the -- read the Membezs who vote6 in the affirmative.
ACTING SECRETARY: (MR. HARRY) The folkowing voted kn the affirmative: Berman, Butler, Carroll, Cullerton: Daley, D 'Arcoe DeAngelis, de1 Valle, Dudycz, Pawell: Geo-Karis, Hall. Hawkinsony Holmberg, Jacobs, J.J. Joyce: Eelly, Lechowicz, Leverenze Luft, Macdonald, Mahar, Marovitz, Palmer, Raica, Savickas, Severns, Topinka, Welch and Mr. President.
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Madiqan, do you question the presence of any Member Who voted in the affirmative? Senator Madigan.
184 STATC OF ILLINOIS 8?th CENERAL ASSEMBLX RECULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Senator Rea.
PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Rea on the Floor? Senator Rea is in the back of the Chamber.
He voted negative.
PRESIDING OFFICER: (SENATOR DEMUZIO) He voted in the negative. Senator Madigan, do you question the presenee of any Member that voted --
Well, PRESIDING OFFICERI (SENATOR DEAUZJO) Al1 right. On a verified roll, there are 30 Ayes, 25 Nays, voting Present. House Bill 1470, having received the required constitutional majority, is declared passed. House Bill 1968. Senator Cullerton. Mr. Secretary, read the bill.
ACTING SECRETARY: (MR. HARRY) House Bill 1968. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Cullerton. Senator Cullerton.
Thank you, Mr. President: Members of the Senate. This bill deals with the bookstores. We have adopted an amendment earlier today which reflects an agreemenk tha: was reached betWeen Northern Illtnois University and the Retail Merchants. As a result of that agreement, theydre in support of the btll. I believe everybody is in support of the bill, and I'd ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discussicn? Senator Welch. 185 STATE OF ILLINOIS 87th CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991
just like to say that I'm supporting khe bill nowr since an agreement was worked out, and I'd urge an Aye vote.
PRESIDING OFPICER: (SENATOR DEMUZIO) Question is, shall House Bil1 1968 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted Who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 52, the Nays are 2, none votin: Present. House Bill 1968, having reeeived the required constitutional majority, is declared passed. House Bill 2228, Mr. Secretary. Read the bill.
ACTING SECRETARY: (MR. HARRY) House Bill 2228. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Cullerton. SENATOR CULLEXTON; Yes, this bill we debate; at length. This bill 'involves a moratorium on evictions and utility service disconnections because of delay in us appropriating the Public Aid appropriation. I would suggest that we -- I w1ll commit to you that we put this bill in a conference committee. Hopefully, we Won 't need the bill because we Wi11 pass the Public Aid appropriation. I'd like to pass the bill. It has an amendment on it. I Will instruct the House sponsor to non-concurz put it ln the conference commik*ee. It Would then be available; and if we see that we're not qokng to pass their budget, then we can debate the issue at that time. So 1 would ask for an Aye vote with thak understanding.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If not, the question is, shall House Bi11 2228 pass. Those in favor will vote Aye. Those opposed, Nay. The l86 STATE UP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legkslatkve Day June 26, 1991 voting is open. Have al1 voted Who Wish? Have al1 voted Who wish? Have all voted kho wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 27# the Nays are 27, l voting Present. House Bill 2228, having failed to receive the required constitutional majority, ls declared lost. House Bill I'm sorrye House Bill 2451, Madam -- Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) House Bill 2451. (Secretary reads tktle of bi11) 3rd Reading of *he bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Alexander.
Thank youy Mr. President. I would hope that my fellow legislators have received and had the opportunity to read the communication sent to them on June 2lste relative to the Automotive Service Association of Illinois' representation that this bill is sorely needed in order to protect the environment and to eliminate those persons Who would be backyard painters or whatever -- Whatever -- you can put on a better name for a name they would be called. It is the sincere efforts of this Association to clean its own aet up and not be held responsible for endangering *he environment. T solicit your Aye vote on this situation.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Schaffer.
Well, Mr. Preskdent and Members of the Senatey 1, for O ne , continue to be concerned about the implicatkon of that person that does do a little work in a neighborhood garage: maybe charges a little bit, and falls under the purview of this Act. One of the things I've dkscovered , and I note Wkth knterest that the industry l87 STATE OF ILLINOIS 8?th GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 51st Legkslatkve Day June 26, 1991 the large industry Kho would probably dearly love to see atl these backyard neighborhood operations put out of business is very much for this bill. Well, that's fine. won't question their motivation, but I've discovered doWn here that there are reasons and there are real reasons. And perhaps the real reason here is that if a1l the little guys are wiped outy you got to take your car to the big guys, and they make more money. I think this is still a burden on the little guy. And how often have We seen the big guy come down here and muscle tbe little guy?
PRESIDING OFFICER: (SENATOR DEMUZIO) A1l riqht. Further discusslon? Senator Alexander may close. I will will continue to point out to the Membership that on
Thank you.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Alexander.
This pieee of legislation does. not prohibit anyone from purchasing this toxic auto -- automotive paint, and rakher, it requires the seller to ask the purchaser to -- to get an ID number so that the proper disposal of this toxic paint and What it could possibly be doing to our environment - which we all live in - can be made note of. And I will say to my other side of the aisle and to my own side, those persons who Would encourage any person to eontinue to violate the environment to deal With this type of situation, I think you should -- rethink your positionz because a11 of us needs to live in safe envtronmental conditions. I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) o.. lmachine cutoffl...is, shall House Bill 2451 pass. Those in favor will vote Aye. Those opposede Nay. The voting is open. 188 STATE oF ItLzxozs 87th CEXERAL AsssMnLy REGULAR SESSION i SENATE TRANSCRIPT 51st Legislative Day June 26: 1991 Have al1 voted who wksh? Have a11 voted Who wish? Have all voted who kish? Have all voted who wish? Have all voted Who wish? Take the record. On that question, the Ayes are 3l: the Nays are 24, none votin: Present. House Bill 2451, having received the required constitutional majorityw is declared passed. Al1 right. House Bill 1776. Senator Rea. House Bill 2592. Senator Savickas. A1l right. We have now eompleted Postponed Consideration. Senator Rock. SENATOR ROCK: Thank you, Mr. President. We have Motions in Writing to Reconsider the Vote by which eertain bills were passed. In fajrness, this is the last day for consideration of House Bills. If, indeed, these motions succeed, it is only appropriate then that the bills be called agaln. So I would ask that we go to that Order, and there are but three motions, and then wedll go to the Order of Coneurrence. PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Page -- Page 22. House Bill 1000. Senator Phllip. Motions in Writing, Page 22/ is -House Bill 1000. Senator Philip. .satmachine cutoffl...the motion, Madam Secretary. SECRETARX HAWKER: Having voted on the prevailing side, I move to reconsider the vote by which House B1ll 1000 Was passed. Filed by Senator Philip on June l9. PRESIDING OFFICER: (SENATOR DEMUZIO) senator philip. SENATOR PHILIP: Thank youz Mr. President, Ladies and Gentlemen of the Senate. This -- ehls was -- the four leaders were meeting with the Governor: and quite frankly, we were trytng to work out some kind of an agreement on the hospikal situation in the State of Illinois. We agreed, quite frankly, the Governor, that we 189 l ! ! ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26 : 1991 kouldn't do anything till the so-called powers that be met and Worked out some kind of a compromise. So I'd like to see this thin: go down the Jrainy and hopefully we'1l work something out rkght Eor al1 the hospitals in Illinois.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 rigbt. Discussion? Senator Rock.
Thank you, Mr. Presidenk. I would ask the Gentleman to withdraw the motion on the basis that we are still attempting to work thks out. This, in fact, met wtth overwhelming majority approval. is a -- at least a proposal that Will at some point probably get to the Governor's desk, but can assure you it will not get to -- as one who has to sign stuff before it goes' there, it won 't get there until next week. So I'd ask the Gentleman to withdraw the motion.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Philip may close.
Yeah, 1'd just ask ror a roll call, Mr. President.
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Philip: having voted on the prevakling side, moves to reconsider the vote by which House Bill 1000 was passed. Those in favor will vote Aye. Those opposede Nay. The voting is open. Have a11 voted Who wish? Have all voted who wish? Have al1 voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On Ehat question, Ehe Ayes are 27, the Nays are 30, none voting -- none votin: Present. The motion fails. House Bill 1972. Senator Hawkinson. Madam Secretary, read the motion. House Bill 1972.
Having voked voted on the prevailing side, move to reconsider the vote by Which House B:l1 1972 was passed. 190 STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Filed by Senator Hawkinson on June 24.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Hawkinson.
Thank you, Mr. President. During the limited debate on House Bi11 1972, there were, I think, some misunderstanding and some incorreet information, and I would move that we reconsider the vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) A1l riqht. Is there discussion? Senator Madkgan.
Thank you, Mr. President. I would support Senator Hawkinson's motion. While the intent is clearly therez as far as What we were trying to do with the amendment on Senator Jones' bill, the bill -- khe amendment does need some further clarifying language eo make the intent perfectly clear. And I wculd support Senator Hawkinson's motion.
PRESIDING OFFICER: (SENATOR DEMUZIO) Purther discussion? Sanator Jones.
Yeah, thank youw Mr. President. I spoke to Senator Hawkinson and Senator Madigan on this issue. And we checked With the Realtors ' Association. We saw no problem: but if there is still concern - clartfying language - I have no problem in reconsidering the vote. Wedll perhaps do it in conference committee.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Hawkinson has moved to reconsider the vote by -- having voted on the prevailing side: moves to reconsider the vote by Which House Bill 1972 was passed. Al1 in favor will vote Aye. Those opposed, Nay. The votin: is open. Have a1l voted who wish? Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who Wish? Take 191 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 the record. On that questiony the Ayes are 52, the Nays are none, none voting Present. House Bill 1972 -- the motion is adopted, and House Bill 1972 will be back on the Order of -- of 3rd Reading. House Bill 562. Senator Maedonald has filed a motion. Madam Secretarys read the motion, please.
Having voted on the prevailing side, move to reeonsider the vote by Which House Bill 5-6-2 was passed. Filed by Senator Macdonald on June 26th.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Macdonald.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. When we passed House Bill 562, I was under khe impression that there was a referendum provision in this bill. When we are lmposing property tax increases, it Was just my assumpticn that that Was in the bill. Since it is not, I simply cannot support this bill, and I Would move for reconsideration.
PRESIDING OFPICER: (SZNATOR-DEMUZIO) Senator Macdonaldz havlng voted on *he prevailing side, has moved to reconsider the vote by which House Bill 562 Was passed. Is there discussion? Senator Jones.
Yeah. Thank you: Mr. Presidentz Members of the Senate. thought it was made crystal clear during the debate that this was permissive legislation as suchz Senator. And the -- the referendum that you refer to is always there. But this ls permissive legislation; this is not a property tax increase. leaves it up to the loeal school board to -- to levy, if they so desire. Al1 -- all this does is take the handcuffs off them and allow them to deal with the educational situation. It is not a tax increase. just takes the handcuffs off the board so Can l92 STATE OF ILLINOIS 87th CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legkslatkve Day June 26, 1991 deal with kts finaneial situation.
PRESIDING OPFICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Berman.
Thank you. Let me suggest to those of you who are not from Chicago, that this is probably the best bill that you can vote for on behalf of State aid to your schools. If Chicago increases its levy, the amount of money that they get from State aid will probably go down. 'hat Reans there's more money avaktable to each of you. Those of us from Chieago who are voting for this -- wedre going to draW the heat When we go home, because we are lnviting the board -- or authorizing the board to raise the property taxes. NoW I don 't think - and I'm not sure why anybody from downstate would want to penalize us - those of us from Chicago - who are willing to take that kind of heat. Nok, this is not a foregone eonclusion. This is only June 26th. We dve got a 1ot of problems yet to solve. Keep thls bill allve and allow us to continue to diseuss this. And I know that there are some Chicago legislakors that are not happy With this. I invite them to vote No. But from those of you from outside of Chicago, a Yes vote will mean more money for your schools.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Jeremiah Joyce.
rise in support of Senator Macdonald 's motion. The fact of the matter is -- is Ehak this board has not responded in a Way that would warrant us to qive them this type of authorlty. So I would ask that we support Senator Macdonald.
PRESIDING OPFICER: (SENATOR DEMUZIO) All right. Further diseussion? Senator Dudycz.
Thank you, Mr. President. Senator Berman, Welre a11 going to 193 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 draw the heat on this one. Not just those of us from Chicago, but all of us - the entire Senate. Senator Jones, this is permissive legislation? and it's not mandatory. But we al1 know what's goin: to happen as soon as it passes the -- the General Assembly, if the Governor signs The Chicaqo Board of Education is going to impose this tax. And it's just going to stick it to the taxpayer again to the property owner - one more additional burden choking the people Who are payinq your bills - paying your salary, my salary. We're al1 going to draw heat from this one. And I suggest anybody who votes in favor of this bill and against this motion deserves the heat that they're goin: to get.
PRESIDIHG OPFICER: (SENATOR DEMUZIO) Al1 right. Purther discussion? Senator Karpiel.
Thank -- thank you: Mr. President. I'm not standing either in favor of the bill or opposed to the bill: but I just want to comment on some of the previous speakers' comments. I see no way in the world that my school district is going to 9et more money - my school districts or any other downstate school district is going to get more money if this bill is passed. A1l thae's going to happen if this bill is passed is to raise the property taxes in the City of Chicago, and there'll be more money for the school system in Chicago. And you should vote on that basis , not because you think that any downstate district is going to :et one penny more under the formula or in any other way out of this -- from this bill. So, I mean, I really think that tba: is misleading .
PRESIDING OFFICER: (SENATOR DEMOZIO) All right. Further discussion? Senator Geo-Haris.
Mr. President and Ladies and Gentlemen of the Senate: when you say permissive, it's goin: to be permissive upon them to raise taxes without a referendum, and I don't think that's a good idea. 194 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 51st Legkslative Day June 26# 1991 And I'd speak in favor of the Motion to Reconsider.
PRESIDING OPFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Collins.
Thank youe Mr. President and Members of the Senate. When heard that this motion was goinq to be reconsidered, and one bad been filed by one of my colleagues from the City of Chicagoy I was really disturbed over that. But let -- let me first preface my remarks by saying as of this morning: we had not heard or seen anyone talking about a solution to the finaneial crisis in the City of Chicago -- as of yesterdayr I'm sorry. And so ehe caucus met - the Senate Black Caucus met - and we made a decision that we had to do somethlng, and had a responsibility to provide some leadership on bringin: about a solution to the school crisisy because our primary objectlve is to Rake sure that the schools open -- and not only that they open, but that they open with with appropriate school curriculum that is not considered bare bones. And what I mean - without cuttin: out P.E., all of the other extracurricular activities that is essential to the overall growth and development of those students. Now maybe, in haste, we did not - as we should have, Senator - inform al1 of the Chicago delegation - and I apologize for that - about what arrived out of a meeting this morning starting at 7:00 a.m ., of which a1l of you was, in fact, invited -- were invited. That consensus came from every major organization in the City of Chicago. They flew down last night. They drove in - starting at 3:00 a.m . Ehis morning . And at 7200 a.m. they were at that meeting - thirty-five sroups thtrty-five groups because what we sald to those groups yesterday in a telegram, that ''We have a problem. Because you have shown leadership in school reform before, we want you to tell us what you think we can do, and we need your support to bail out that system .'' We sent a telegram to the Mayor's Office. We sent l95 I I I STATE OF ILLINOIS 1 87th GENERAL ASSEMBLY j REGULAR SESSION i SENATE TRANSCRIPT ; 51st Legislative Day June 26, 1991 I mean a fax to the Mayor's Offiee. We sent one to the Superintendent's Offiee. We sent one to the the Chair of the School Board's Office. And of eourse, every other major group in the City of Chicago that have been in leadership for quality education in the City of Chicago. They were a11 there, with the exception there Were not someone there representing the Mayor's Office. Why, I don't know. But I can tell you that lf we reconsider this vote today - right noW on this situation in the absence of no other viable alternative, we might as well close up and go home, or this side and this side might as well gek married, because, as far as I'm concerned, it is finished. You will not get another vote to get nothing out af here. This makes no sense at a1l none at all. I say let's 1et this bill stay in the House. We still have time. If you got an alternative to that system, tben let's come up with lt. But, by Ceorge, don't stand here today talking about killing the only live option that We have to insuring that the school system open. It is divisive. It is counterproductive. And I just think we shouldn't do this. It's foolish.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further diseussion? A11 right. Senator Berman, for a seeond time.
Thank you, Mr. President. I apologize for rising: but I want to clarify, I think: a misimpression that I gave. This is a Motion to Reconsider. was urging a No vobe on the Motion to Reconsider. Ptrom the point of view of persons outslde of Chicago, this Will not change the general State a1d distribution. And persons asked me questions about that, and I -- I apologize if I gave that impression. I think the argument that has been made by others and I won't go into debate - justifies Chicaqo doing something of it -- for its own children that doesn't affect the l96 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 rest of the State. But I Wanted to clarify those statements, so I don't mislead anyone. I was urging a No vote on the Motion to Reconsider. Thank you: Mr. President. PRESIDING OFFICERI (SENATOR DEMUZIO) A1l right. Further discussion? not, Senator Macdonald may close. I'm sorry.
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR DEMUZTO) Senator Macdonald may elose.
The -- the fundamental issuee certainly in this General Assemblye in this very serious Session - at least one of them is not only school reform : not only school funding for all schools in the State of Illlnois, my schools as well, but one of the overriding complaints and one of the overriding issues is proper*y tax relief. This is absolutely fundamental. And I just think that without a referendum -- I -- I commend the Caucus for what they have tried to do - What they are doing - that they are trying to resolve their own problems; but, ay own philosophy is that I do not like to impose property taxes without a referendum, and would suggest to you that this Assembly consider very carefully what we are doing by allowing anyone to impose property taxes without a referendum. So I ask for your Aye vote on this motion.
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. senator Maedonald, having voted on the prevailing side, moves to reconsider the vote by Which House Bill 5-6-2 was passed. Those in favor will vote Aye. Those opposedy Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 43, the Nays are l2y l votin: Present. House Bi11 -- the motion carries, and House Bill 562 wi11 be 197 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legkslatkve Day June 26, 1991 placed back on the Order of 3rd Reading. Further motions? Al1 right. There are two remaining matters then on the Order of House -- All right. There is a further motion with respect to 5-6-2. A11 right. Madam Secretary, read the motion.
I move to discharge the Committee on Executive from further consider of Senate Resolution 361, and that it be placed on the Calendar on the Order of Secretary 's Desk, Resolutions . Filed by Senator Geo-Karis.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate, Resolution 36l was encouraged -- the Judieiary Committee encouraged me to draft my proposed legislation on Senate Bill 820 into a resolution, and this simply calls upon the Supreme Court to 1ay down rules of conduct on cases of sexual harassment by attorneys toWard their clients. And I move for a favorable ccnsideration.
PRESIDING OPFICER: (SENATOR DEMUZTO) Al1 right. Senator Geo-Karis -- Senator Geo-Karis has moved to discharge the Committee on Executive. Is there discussion? Senator Smith.
Yesy Mr. President, I want to make a correceion on the vote of 562. My vote should have been No. Ifm sorry . I registered Yes, but -- and I couldn't punch the -- the red.
PRESIDING OFFICER: (EENATOR DEMUZIO) Al1 rtght. The record will so reflect.
Thank you.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there a discusslon with respect to Senator Geo-Karis' 198 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 motion? All right. Senator Geo-Karis has moved to discharge the Committee on Executive from further consideration of Senate Resolution 361, and that it be placed on the Calendar. A11 in favor, indicate by saying Aye. Opposed: Nay. The Ayes have it. Executive Committee is discharged from further consideration of Senate Resolution 361: and it will be, in factz on the Calendar. Senator Topinka, for what purpose do you rise?
Yes, I would ask at this tlme if I could have Senate Resolution 57l discharged from the Executive Committee.
PRESIDING OFFICER: (SENATOR DEMUZIO) Wait a minute, wait a minute. Letês -- letfs get down the rest of the Calendar here and we'l1 go from there. Okay. A11 right. On the Order of House Bills 3rd Reading -- 3rd Reading, there are -- Senator Joycer for what purpose do you arise?
Thank you, Mr. President, Members of the Senate. I Would move that we adjourn.
PRESIDING OFFICER: (SENATOR DEMUZIO) Well, Senator Joyce, we still have two remainkng matters.
You need a roll call?
PRESIDING OFFICER: (SENATOR DEMUZIO) House Bill 1972, Pn the Order of 3rd Reading. Madam Secretaryr read the bill. SECRETARY HAWKER; House Bill 1972. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Hawkinson. Senator Jones.
199 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Yeah . Thank you, Mr. President . I'd like to suspend the appropriate rule ta move this bikl back to 2nd Reading to have the amendment that was in discussion from Senator Hawkinson and Senator Madigan Tabled. PRESIDING OFFICER; (SENATOR DEMUZIO) On -- on House Bill 1972? A1l right.Senator Jones has sought leave to take House Bi1l 1972 to the Order of 2nd Readiqg for the purpose of Tabling an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Readinq is House Bill 1972. Senator -- Senator Jones .
Yeah, thank you, Mr. President . I move to reconsider the vote by which Amendment No. 2 was adopted to the bill z and this Will solve the problem, and then We can pass the bill without this amendment.
PRESIDING OPPICER: (SENATOR DEMUZIO) Senator Jones has moved to reconsider the vote by Which Amendment No. 2 was adopted. Is there discussion on the amendment? Senator Dudycz.
Hello. Kr. Preskdent, Senator Joyee had a Motïon to Adjourn. Under Rule 35, it's nondebatable: Mr. President --
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator, you're out of order. Is there any further -- is there --
And I believe that he deserves a roll call on that motion.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there any further discussion with respect to this amendment? Senator Jones has moved to reconsider the vote by Which Amendment No. was adopted to House Bill 1972. A11 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. 200 STATC 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 The Amendment No. 2 is reconsidered. Senator Jones now moves to Table Amendment No. 2. A1l tn favor will indicate by saying Aye. Opposed, Nay. The Ayes have Amendment No. 2 is Tabled. Further amendments?
No further amendments.
PRESIDING OFFICER: (SENATOR DEMUZIO) 3rd Reading. House Bill 562. Senator Jones. All right. You do not wish to have that calledz Senator Jones? 562. A11 right. Senator Dudycz, for what purpose do you arise?
Mr. President, I move we adjourn.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Dudycz has -- Senator D'Arco, for what purpose do you arise? Al1 right. Senator Dudycz, do you have any particular time? Senator Dudycz has moved that the Senate stand adjourned until tomorrow. Senator Kelly, for what purpose do you arise?
Thank you, Mr. President. There is a committee we recessed. Wedre going to reconvene tomorrow morning for Executive Appointments, Veterans Affairs at ten o'clock in Room 212. Appreciate it if khe Members Would be there. We've only got a few matters to address.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Joyce.
would ask the Chair to hold my motion in abeyance until we deal With 1972.
PRESIDING OFPICER: (SENATOR DEMUZIO) Well, we have a number of Motions from the House that need to be read in today also, if anybody 's -- if anybody 's interested. 20l STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 51st Legîslative Day June 26, 1991 Senator Dudycz, for what purpose do you arise?
I motion We adjourn till tomorrow morning, Mr. President.
PRESIDING OFPICER: (SENATOR DEMUZIO) A11 right. Al1 in favor of the Motion to Adjourn Will indicate by saying Aye. Opposed, Nay. The Nays have it. Motion fails. Senator Dudycz has moved that the Senate stand adjourned till tomorrow at eleven o'clock. Al1 in favor Will vote Aye. Those opposed will vote Nay. The 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 26# the Nays are 3û, voting Present. The motion fails. 0n the Order o? House Bills 3rd Reading is House Bill 1470, Madam Secretary. Read the bill. I'm sorry. 1-9-7-2. beg your pardon. 1-9-7-2.
House Bill 1972. lsecretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator J'ones.
Yeah. Thank you, Mr. President. House Bill 1972: as amended, withaut the amendment that we just Tabled, would be the vehicle bill to deal with the issue that We discussed, and would be put in conference committee and try to alear up any difference in language. And I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is there discuEsion? not, the question is, shall House Bill 1972 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are 46: the Nays are 2, none voting 202 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day June 26, 1991 Present. House Bill 1972, having received the required constitutional majority, is declared passed.
Senator Jones, do you Wish to proceed? There is but one matter remaining before us, that's 562, if you wish to proceed. If you dondt -- Senator Joyce. There's been again placed a Motion to Adjourn. Those in favor of the Motion to Adjourn, indicate by votin: Aye. Opposed, Nay. And the voting's open. Have a11 voted who wish? Have all voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 36 Ayes, 21 Nays, none voting Present. The Senate stands adjourned till eleven o'clock tomorrow morning. 203 . . -- . , .nsgy RëPEIkTI TIFLDAY ST;TE 0F '1LLINOf,% 92/03/10 PAG6z 00t 87TH GENERAL AGGEN3LY l1z13z#9 ZENATE DAILY TRANSCRIPTION 0F DEBATE INDEX JUNE 26@ 199: 88-5005 P>PSC4ED CSNSIOERATION HB-00l2 POSTPONEO EONSIOERATION H:-0t2I THIRD READING HB-0121 0UT 0F REEORD HB-01#3 POZTPONE: CONSIDERATION HB-02#A TRIRD READING Hb-0273 POSTPONED CONSIDERATION H8-0298 THIQD READING H8-0329 POS'TPONED CONSIDERATION H3-0#95 POSTPONED CONSIDERATION H8-0562 RECALLED H:-0562 THIRD READING H8-0562 MOTION H3-0580 THIRD READING H8-0589 POSTPONED CONSJDERATION 88-0827 POSTPONED CONSIDERATION HB-Q8#l THJRD READING H8*9883 THIRD READING HB-t000 MOTION H:-1:28 POSTPONED CONSI9ERATION HB-1196 RECALLED HB-1l96 THIRD AEADING HB-l2l6 RECALLED HB-l216 THIRD READING HB-129T THIRD READING H8-1312 THIRD READING H;-l3S2 THIRD READJNG H:-1##9 THIRD READING HB-1#7D POSTPONED CONSIDFRATION HB-1#78 THIRD READING HB-l51# THIRD READING H:-158; THIRD READING 88-1632 THIRO READING 88-1685 RECALLED H:- :685 THIRD REAJING 88-1ô92 THIRD RHADING HB-l696 THIRD REAOING H8-1733 THIRD READING HB-lT76 THIRD REAOING HB-lT7& DUT 0F RECDRD H8- 1838 THIRD READING 88-:935 RECALLED 83-1935 THIRD itEADING HB-I9&0 THIRD READING H8- :968 RECALLED 83-1968 POSTPONED EONSIDERATION H3- 1971 THJRD READING HB-19T2 RECALLED 88-1972 THIRD REAûING /1:- :972 HOTION H8-1995 RECALLEO H8-1995 KHIRD READING H3-2022 THIRD READING HB-2118 THIRD AEADING 88-2t25 RECALLED Hb-2125 THIRD READING H3-21:9 THIRD READING H8-2169 THIRD READING H3-222T THIRD READING H:-2228 POSTPGI%ED CONSIDERArION H8-2282 DISCUSSED 88-2295 THIRD READING Hg-zB&2 RECALLED H8-2362 THIRO READING k I e LNiXJ . #' Z R6PORT; TIFLDAY STATE 0F ILLINOIG 92/03/10 PAGEZ 0O2 87TH GENERAL ASSEMBLY 11:13:49 SENAYE DAILY TRANSCRIPTION 0F DEBATE INDEX JUNE 26. 1991 H:-2#5t POSTPONED CONSIDERATION PAGE 187 H9-2#65 TRIRD READING PAGE 44 H:-2#91 THIRD READING PAGE 45 H8-2592 RECALLEO PAGE t00 83-2592 THIRD READING PAGE 152 88-26:1 DISCUSSED PAGE :6 SR-0361 MDTION PAGE t96 SR-059l RESDLUTION SFFERED PAGE SR-0592 ReS0tUTI0N OFFEREO PJGE * 5R-0593 REZOLUTIGN OFFEREO PAGE I.'T SR-G594 RESOLUTTON SFFERED PAGE ë#1 5R-0595 RESOLUTION OFFERED PAGE hl 5R-0596 RESGLUTION OFFERED PAGE ft7 5:-0597 ADOPTED . PAGE #7 5:-0597 RESOLUTION OFFERED PAGE 1I 5R-0598 ADOPTED PAGE 136 HdR-û087 RESOLUTION OFFEREO PAGE 3 GJR-O078 RESOLUTION ZFFERED PAGE #7 SUBJECT MATTER SENATE TO ORDER - PRESIDENT ROCK PAGE l PRAYER * FATHER JAHES LYONS PJGE 1 JDURNALZ - APPROVOO PAGE 1. JDURRALG - POSTPONED PAGE MESSAGE FROM THE TRQASURER PAGE 2 MESSZGES FROM THE HOUSE PAGE 2 INTûODUCTION ûF GUESTS - SENATOR LUFT PAGE # REMARKS BY EOACH HIERZ3A PAGE 5 ADJUURNRENT PAGE 203 2h