Executive. mean, Consent Calendar, I'm sorry. Ladies and Gentlemen, we will begin on Page 11 on the Calendar on the Order of Conference Committee Reports. That is Senators Joyce, Cullerton, Rea, Dunn, Carroll. There are, think, twenty-eight reports. Senator Maitland, for what purpose do you arise, sir?
Thank you, Mr. President. 1 Was rising to make a motion to move and suspend the appropriate provisions of Senate Rule 5(c) with regard to House Bill 214, so we might consider that bill this evenlng.
Al1 right. That motion will -- will be put. I just Wanted to get through the conference committee reports.
Thank you.
All right. Ladies and Gentlemen, we Will begin on the Order of Conference Committee Reports. Pages 1l, 12 and House Bill 56. House Bill 121. Senator Cullerton. 175. Senator Rea. 434. Senator Dunn . Bottom of Page 11 . 738 . Senakor Carroll. Madam Secretary , on the bottom of Page 11 , on the Order of Conference Committee Reports , is a report With respect to House Bill 738 . Please .
First Conference Com ittee Report on House Bill 7-3-8.
Senator Carroll.
Thank you , Mr . President and Ladies and Gentlemen of the Senate . The content of the Conference Committee Report on House 3 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16 # 1991 Bill 7-3-8 is the prompt payment bill that We have been talking about for so long and so hard and so fast , woe these many months . And what it will do - as unlike what we passed initially in the Senatez which was to make it effective fifteen days ago - this would delay the effective date one year and say starting July 1, of 1992, any bills not paid Within sixty days - there was some people who wanted thirty - but this was said sixty days, then interest at the statutory rate would apply. That -- the hope is, obviously , that the State would never have to send out an interest check , but what it would do is , it would say - and I have a resolution to implement in the interim - that people like CMS, DOT , the Comptrollery the Governor 's Office # the Bureau of the Budget would sit down and promulgate rules as to what are goods and services and say that from July lz 1992 on, anybody nct paid within sixty days would no longer have to jump through hoops, but would, in fact g automatically, receive interest on that unpaid amount. I think it is quite clear to the Members of General Assembly that when we, in factê ask others - like hospitals. pharmacies , nursing homes and other caregivers - to give service. to the people of the State of Illinois at our behalf : that we have an obligation to pay them in a fairly timely manner. Sixty days is a reasonable amount of time for the State to get its paper work done and pay these people . If we do not , we should bear the brunt of paying interest . It is again the hope of at least me , as one of the proponents , and I think everyone else who 's ever proposed this, that never should a dime be paid. Hopefully, the people will be paid within the sixty days, and I would urge adoption of Conference Committee Report No . l on Hoklse Bill 738 .
All right. The Gentleman lnas moved the adoption of the Conference Committee Report on House Bill 7-3-8. Is there any discussion? Any discussion? If not , the question is , shall the 4 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 Senate adopt the Conferenee Committee Report on House Bill 7-3-8. Those in favor vote Aye. Opposed, vote Nay, and the voting is open. Have all voted who wish? Have al1 voted who wish? Have all voted who wish? Have a1l voted who Wish? Have al1 voted Who 1 wish? Have a11 voted who wish? Take the record. On that questiony there are 32 Ayes, 11 Nays, 14 voting Present. The Senate does not adopt the Conference Committee Report on House Bill 738. Senator Carroll. SENATOR CARROLL: Just a parliamentary inquiry. Since the effective date was July 1, 1992, would it not be passed? l PRCSIDENT ROCK: ! My understanding from the parliamentarian is that anything to be effective before July 1, '92, requires an extraordinary vote. Senator Carroll. SENATOR CARROLL: And this one is effectlve July 1, '92. Therefs nothing in there that's effective before. The rest of it we are doing by resolution - the other implementations. PRESIDENT ROCK: Well, wefll check. SENATOR CARROLL: Thank you. PRESIDENT ROCK: ' senator Carroll, it appears from the text that you are correct, that the effective date is indeed July 1, 1992 and so the Chair was in error. And on that question the Ayes are 32, the 1 Nays are 11, 14 voting Present. The Senate does adopt the Conference Committee Report on House Bill 7-3-8, and the bill, having received the required constitutional majority, ls declared passed. Senator Dunn on House Bill 434. Madam Secretary -- I'm sorry, Senator Weaver, for what purpose do you arise, sir? 5 STATE OF ILLINOIS' 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16z 1991 I SENATOR WEAVER : ' ; Mr. President, I was asking for a verification of the roll call. PRESIDENT ROCK: That request is in order. Gentleman has requested a verification of that roll call. Will the Members please be in their seats. Madam Secretary, please read the affirmative roll. i SECRETARY HAWKER: ! i The following Members voted in the affkrmative: Alexander, ' Berman, Brookins, Carroll, Collins, Cullerton, Daley, D'Arco, j del Valle, Demuzio, Thomas Dunn, Hall, Hawkinson, Holmbergy I Jacobs, Jones, J.E. Joyce, J.J. Joycey Kelly, Lechowicz, I ! Leverenz, Luft, Marovitz, O 'Daniel, Palmer, Rea, Severns, Smith, I Topinka, Vadalabene, Welch and Mr. President. PRESIDENT ROCK: Senator Weaver, do you question the presence of any Member? SENATOR WEAVER: I I Senator Leehowicz. PRESIDENT ROCK: . Senator Lechowicz on the Floor? Senator Lechowicz on *he Floor? Strike his name. SENATOR WEAVER: . Jeremiah Joyce. PRESIDENT ROCK: I Senator Joyce on the Floor? Senator Joyce on the Floor? j Strike his name. I SENATOR WEAVER: Senator Marovitz. 1 PRESIDENT ROCK: Senator Marovitz on the Floor? He is on the Floor. SENATOR WEAVER: Senator Rea. 6 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991
Senator Rea? In the phone b00th, just coming out.
Jerome Joyce.
Senatar Jerome Joyce is the aisle. Al1 right. The roll has been verified. On that question, there are 30 Ayes, 11 Nays, 14 voting Present. The Senate does adopt the Conference Committee Report on House Bi11 738, and the bill, having received the constitutional majority, declared passed. 434, Madam Secretary.
Second Conference Committee Report on House Bill 4-3-4.
Senator Dunn.
Thank you, Mr. President. This bill addresses several issues, at the request of the Department of Corrections, namely; that the -- pçrmit the use of potassium chloride in the carryinq out of an execution, and to provide for confidentiality as to the executioner: and would allow D0C Eo pay that executioner in cash to preserve the confidentiality, and would also has a provision in dealing with prohibition of tinted plates or plastic license plate covers, also has a provision in it for the administrator of an approved student asskstance program to obtain juvenile court records. I urge a favorable vote.
The Gentleman has moved the adoption of the Conference Committee Report on House Bill 434. Discussion? Any diseussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 4-3-4. Those in favor, vote Aye. Opposed, vote Nay. And the voting is open. Have a11 voted who STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 48 Ayes, Nay, 7 voting Present. The Senate does adopt the Conference Committee Report on House Bill 4-3-4, and the bill, having received the required constitutional majority, is declared passed. Top of Page 12. 9-6-8. Senator Jones. 1007. Senator Marovitz. 1073. Senator Cullerton. Madam Secretary, top of Page 12, there is a Conference Committee Report with respect to House Bill 1073.
First Conference Committee Report on House Bill 1073.
Senator Cullerton.
Thank you, Mr. President and Members of the Senate. This Conference Commlttee Report supported by the Illinois Department of Mental Health and Developmental Disabilities. It -- it does follow some of the recommendations màde by the Governor's Task Force to Rewrite the Mental Hea1th Code, and I will simply go through the changes, and be happy to answer any questions. establishes new proeedures for the involuntary administration of psychotropic medication and provides for due process procedures involved in that fnvoluntary admknistration. It adds a requirement that when a recipient is both restrained and secluded, that a qualified person must observe the recipient no less than every fifteen minutes current law requires continuaus observations. Also excludes momentary person-to-person eontacte or that is restraint, from the definition of restraint. Specifies that authorized disclosures of patient records and communications will only be required by court-ordered subpoena. extends the repealer of the Inspeetor General Office in the Department of Mental Health until January of '93. We tried to do that with Senator Kelly 's bill, Senate Bill 706, but was not signed pricr 8 STATE OF ILLINOIS 87th GENERAL KSSEMBLY t REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 ( to July 1st, the date of the original repealer. So it -- we need to do it in this bill. The rest of the provisions are just various changes that were discussed by Members of this commission to revise the Mental Health and Developmental Disabilities Code, and be happy to answer any questions, and indieate once again that the Department is supportive of the Conference Committee .
i Al1 right. The Gentleman has moved the adoption of the l Conference Committee Report on House Bill 1073. Discussion? Senatar Hawkinson. SENATOR HAWKINSON: ( Thank you, Mr. President. Will sponsor yield for a question?
He indicates he Will yield, Senator Hawkinson .
Senator, is the reference to subparagraph (9) in paragraph (a) in the confidentiality provisions and the new restrictions as to homicides investigation, is that stlll in this Conference Committee Report?
I Senator Cullerton.
Yes, it is. ! I
Senator Hawkinson.
Well, to the Conference Committee Report then , Mr. President: I would urge opposition and urge that this Conference Committee Report be dumped, and that a second one be adopted that would be identicaly except for the inclusion of the part that I am talking about - and let me explain why. This provision says that in order forasubpoenatobehonored,youWillhavetogoandgeta court 1 I ! 9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 order before the subpoena for records can be honored. That's fine as to every provision in the Mental Hea1th Code that we're talkin: about excepty I would suggest, as to subparagraph (a)(9). That says that for ongoing homicide investigations and prosecutions, the state's attorney would not be able - or a police department would not be able - to secure vital information about an escapee or -- or other person Who may be a suspect in a homicide, without first going to a court and getting a court-ordered subpoena. I would suggest that the current law in subparagraph (b) already provides adequate protection to the facility or anyone wishing to challenge a subpoena issued by a state's attorney, because it allows the person who's the subject of the subpoena, or the subject matter of the subpoena, to go to court and have an in camera inspectlon. I think this proceeding would unduly hamper 1aw enforcement in bamicide investigations. I have no problem with the rest of the Report, but I had suggested earlier that this particular subparagraph be omitted and it has not been, and I don't think We want to be doing this to law enforcement. I would urge a No vote. PRESIDENT ROCK: Further discussion? Senator Geo-Karis. SENATOR GEO-KARIS: May -- will the sponsor yield for a question? PRESIDENT ROCK : Indicates he will yield, Senator Geo-Karis. I'm sorry. ' SENATOR GEO-KARIS: Senator, is this the one and only Report on this bill? I have in my hands First Conference Committee Report. PRESIDENT ROCK: Senator Cullerton. SENATOR CULLERTON : Right. First Conference Committee Report. 10 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 71st Legislative Day July l6, 1991 PRESIDENT ROCK: Senator Geo-Karis. SENATOR GEO-KARISJ As to -- relative to the subpoena powers, I think it's covered on this report in -- on Page l5, if you'll look at your Page 15. And it said that -- it says a -- no person with the effect ''shall serve a subpoena seeking to obtain access to reeords or communications under this Act, unless the subpoena is aecompanied by a written order issued by a judger authorizing the disclosure of the records or the issuance of the subpoena.'' Can you tell me . why yau've included that in this Report? PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Cullerton. SENATOR CULLERTON: Yes: it was done at the request of this commissiony as I indicatedy and the reason for it is that the -- it's -- it's basically what the current practice 1s. When they reeeive a subpoena, they immediately go to court and they tell the judge that they will not honor the subpoena until the judge orders them to do so. And that is the reason Why they have put this in# and that's why, when we discussed this with members of the Department, I understand they -- I believe they discussed it with Senator Hawkinson. There perhaps is still a differenee of opinion, but that's why they put it in there. They said that they go to the court now and ask for a court order before they issue the records that are subpoenaed. And so to simply require that they go to the court first is -- is a11 that this Conference Committee Report does. PRESIDENT ROCK: Senator Geo-Karis. SENATOR GEO-KARIS: At the present time, a subpoena can be issued without a court i 11 l STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 order, and what youlre doing is making it necessary to go to a court first to obtain a subpoena. Is the Department of Mental Hea1th in favor of this provision in the Conference Report, or not? PRESIDING OFFICER: (SENATOR J.J. JOYCE) i Senator Cullerton. SENATOR CULLERTON : No, they are in favor of this provision and asked that this provision remain in the Reportg and asked me to call the bill with the provislon in it. PRESIDING OFFICER: (SENATOR J.J. JOYCE) A11 right. Any -- any further discussion? Al1 right. The question is# shall the Senate adopt Conference Committee Report on House Bill 1073. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have all voted Who wish? Have all voted who wish? Have a11 voted who wish? Have a11 voted who wish? Have all voted who Wish? Take the record, Madam Secretary. On that question, the Ayes are 27z the Nays are 19, and 9 voting Present. House Bill 1073, failing -- failing to receive-the -- the required vote: is not adopted, and the Secretary shall so inform the House. Senator Cullerton, What purpose do you arise? SENATOR CULLERTON: Yes, I would ask that a Second Conference Committee be formed, and we can accommodate Senator Hawkinson. PRESIDING OFFICER; (SENATOR J.J. JOYCE) The Secretary shall so inform the House. House Bill 1123. Senator Davidson. House Bill 1228. Senator Maitland . House Bill 1352 Senator HaWkinson. House Bill -- House Bill 1415. Senator I Hawkinson. House Bill 1960. Senator Brookins. Read the bill, l Madalx Secretary . SECRETARY HAWKER : First Conference Committee Report on House Bill l960. r I 12 STATE OF ILLINOIS ! ! 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Brookins. I
Thank you, Mr. President and Members of the Senate. House 1 1 Bill 1960 is a bill that we sent to the House, and the Members ! there added quite a few bills into one and sent it back to us. It I contains twenty-five bills that we have considered by one House or i I b0th Houses. Additionally, adds various other provisions as follows: allows the county board to enact a hundred dollar fee for a second and subsequent violations of DUI laws; defines a person l for the purpose of provisions governing the Secretary of State's authority to audit and determine the interest and penalties; allows speeial license plates for Federal Cabinet Members, and specifies that out-of-state dealers licensed under the Vehicle Code must keep records of scrap processors. Now various Member's bills have been added to this, and it's twenty-five of khem covering different Senators that's here in this Chamber and House Members. And I1d ask that you give a favorable vote on thàs. There is no bill in here that is controversy -- controversial, so 1'11 ask for an Aye vote.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) A11 right. Any dlscussion? Senator Fawell.
Thank you very much. I'm not sure Where to begin. Senatcr Brookins, we were told there's twenty-nine different issues that are noW in this bill. I haven't found it yet in my pile, but I'm sure it's no doubt one of the thickest ones that we've qot. 1* is true that some of these bills have passed both the Senate and the House. Some of them have just passed the Senatez and some of them have never gotten out of the committee. The problem that 1 have with this bill, and I think the problem that a lot of my colleagues have had, is that this is a complete -- this -- this is 13 STATE 0F ILLINOIS 87th GENERKL ASSEKBLY REGULAR SESSTON SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 not done in the Senate. You know -- you may -- they may do it over in the House, but for them to take twenty-nine bills some of which are good, some of whieb are terrible, and some of whieh frankly never got out of committee -- it's it's just a bad way to go. Some of them our own county superintendents of highways oppose. House Bill 27l amends the Illinois Highway Code, provides that hiqhway authorities shall plant only vegetation that is native to Illinois along the rights-of-way passing through forest preservesg state parks and other natural areas. 0ur commentary is county superintendents of hlghways oppose this and say that it's a silly idea. How will these local highway authorities know if a plant is native to Illinois or not? They're not botanists. Senate Bill 426, exempts Cook County. Senate B1l1 503 was a good bill in the Senate: but all of a sudden we had to threw it on this omnibus bill, come back with twenty-nine bills. This is a bad kdea. We have told the House: all they have to do is send us some kind of a bill that We can handle - lots of little bills, as T told them . I think this is a bad idea, and I think we ought to vote No .
PRESIDING OFPICER: (SENATOR J.J. JOYCE) Further discussion? Senator Sehaffer. SENATOR SCHAFFERZ Mr. President and Members of the Senate, to paraphrase: and perhaps shorten, what Senator Fawell just said, this is a miserable concept. We should not allow it to be shoved down our throat. And to the Members On this side, youIll recall that Senator Watson brought this up at some length in our Caucus and I think this bill ought to be shot down at this point. I think we shouldn't let the House take al1 our bills and do this to us. This is a bicameral Legislature, not a unicameral Legislature and let's send our friends over there a message. PRESIDING OFFICER: (SENATOR J.J. JOYCE) 14 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 i Further discussion? senator Leverenz. SENATORLEVERENZ: ï If we 're at war, 1 hear the bombs. They're incoming. Would the sponsor yield?
PRESIDING OFPICER: (SENATOR J.J. JOYCE) Indicates he Will yield.
Here 's your first incoming Scud - is there any difference between this and Senate Bill 844, which I had?
PRESIDING OFPICER: (SENATOR J.J. JOYCE) Senator Brookins.
Yes, I did sign it.
Yes -- yes, we 've added four more provisions to your bill. Let me alsoz while I have the mike on and answer a question that was asked by cne of the Senators - how would they know what kind of weeds to plant according to the road. Well al1 they have to do is go across the street and look at .that . weed .patch over there that we're paying ten thousand dollars a year for and they'll know what Weeds to plant beside the road.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Leverenz, did you have some more questions?
You say there are four other provisions that were not embodied in 844? And someone on *he side of me asked if I stgned *he Conference Committee Report - yes indeed, I did. I signed it upside down. What new four provisions do you have in that before We put this thing in the sewer?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Brookins. j
15 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 Senator Leverenz, they're as follows: allow county boards to enaet a hundred doklar fee for a second and subsequent violations 1 i of DUI laws; define a person for purpose of provisions governing the Secretary of State's authority to audit and determine interest and penalties; allows special license plates for Federal Cabinet members, and specify that out-of-state dealers licensed under the Vehicle Code must keep records for scrap processors.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Leverenz, do you have any further Scuds?
Yes. I don't know -- I would suggest to the Gentleman that he has a good idea much before its time. The pride of authorship is not gone from thls Body nor the Body across the hall, and this is bad concept when you are trying to hide tax inereases in this bill and the other increases in fees that you are trying to hide in this bill, 1et alone worry about the county highway superintendents because they have no botany background. Therefore, you ought to bury this baby.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator schuneman.
Thank you, Mr. President. Therefs one more issue in this very fine bill that I think we ought to be -- you ouqht to be aware of and that is thae a bill that was introduced apparently in the House Would increase from two hundred and fifty dollars to five hundred dollars the minimum amount of properky damages incurred before a person is required to and become subject to the Financial Responsibility Law of this State. What that means is there will be fewer people required to flle notice with the State that they have been involved in an accident and -- and prove that they are insured for that accident. We have a Mandatory Insurance Law in Illinois and it seems to me that this bill may: in fact, cut down 1 16 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT E I 71st Legislative Day July 16, 1991 i on the paperwork of the State of Illinois, but it also may be a Way out for some people Who are not insured and now do not have to file a report of that accident. So# we ought to be aware of that. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Topinka. SENATOR TOPINKA : Yes, Mr. President, a question of the sponsor. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Indicates he'll yield. SENATOR TOPINKA: Yes. Itfs my understanding that there was an agreement between you and the minority spokesman, Senator Watson, that he would co-sponsor this bill with you provided he had signed off on all provisions of this massive bill here - this very good 29th bill -- bill that you have here that's rather weighty. Did he do that? Because it's my understanding he did not. Would you want to correct me, if that's the case? PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Brookins. SENATOR BROOKINS: Senator Watson's on the Floor now, but he has five bills within here. Five of Senator Watson's bills is within this one bill. PRESIDING OFFICER: (SENATOR J.J. JOYCE) A11 right. Any further discussion? Senator Topinka. SENATOR TOPINKA: Well, Senator Watson may have five bills in here, but my question still remains. In order to co-sponsor this bill, did Senator Watson agree to al1 of the twenty-nine provisions which are now being carried by this very Weighty bill? PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Brookins. 17 y ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 SENATOR BROOKINS: I ' The answer to that specific question is no, and Senator Watson ! i I s opposed to this, as you knoW. 1 PRESIDING OFFICER: (SENATOR J.J. JOYCE) 1 ! A11 right. Senator -- Senator Watson. ; i SENATOR WATSON: : ! Well, unfortunately I Was off the Floor with other matters : that we 're a11 interested 1n. But we have -- I have five bills in : ! here, you say, Senator? I have five of them. Let them go down. ! i Vote No. ; PRESIDING OFFICER: (SENATOR J.J. JOYCE) i i i Senator Brookins, do you wish to close? ! SENATOR BROOKINS: 2 Ij I ust ask for a vote. i i PRESIDING OFFICER: (SENATOR J.J. JOYCE) J A11 right. The question is: shall the Senate adopt Conference l ! Committee Report on House Bill 1960. Those in favor, vote Aye. I I Those opposed, vote Nay. The votin: is open. Have all voted who l ! wish? Have a11 voked.who Wish? A11 voted Who wish? Take the .. ; i record. On that questiony the Ayes are 4, the Nays are 48, and 4 ! , voting Present. This Conference Committee Report is not adopted, and the Secretary shall so inform the House. Senator Brookins. SENATOR BROOKTNS: Second Conferenee, please. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Madam Secretary. Secretary shall so inform the House. House Bill 2010. Senator Luft. House Bill 2510. Senator Smith. Madam Secretary. SECRETARY HAWKER: First Conference Committee Report on House Bill 2510. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Smith. 18 STATE OF ILLINOIS I 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16# 1991
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The First Conference Committee Report on House Bill 2510 merely allows the Department of Public Aid to make child care payments from its appropriations for any flscal year Without consideration of when those child care services Were rendered. Enactment of the Conference Committee Report would remedy the calendar year versus fiscal year tangles, which require recipients to seek reimbursement from the Court of Claims. The Department of Public Aid lnitiated Conference Committee Report No. l and the Comptroller supports it, and I ask for your favorable support.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Discusslon? Senator Topinka.
Yes, Mr. President. I think Senator Smith deserves to be commended for Working With the Department of Public Aid. They are thrilled by her proposal, and I think We should move this cut of here.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) A11 right. The question is, shall the Senate adopt the Conference Committee Report on House Bill 2510. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that questionz the Ayes are 56z the Nays are none, and voting Present. The Senate does adopt the Conference Committee Report on House Bill 2510, and the bill, having received the requlred constitutional majority, is declared passed. Senate Bi11 lû. Senator Berman. Senate Bill 11. senator Berman. Senate Bill 37. Senator Dunn. Read the bill: Madam Secretary.
Pardon me. Second Conference Committee Report on Senate Bill 19 I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY ; REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 37.
PRESIDING OPEICER: (SENATOR J.J. JOYCE) Senator Dunn.
Thank you, Mr. President. This was the amendment that i generally updated the laws affecting veterans and extended State proqrams to Persian Gulf veterans, as well as veterans of future 1 conflicts. We concurred with the House amendment that alkowed ; recipientsof Purple Hearts to be eligible for a ten-point employment preferenee of disabled veterans. We changed language 1 in -- in the bill to ''indigent veterans'' and ''war veterans'' to Hmilitary veteransy'' and we deleted the requirement that a veteran has served in a time of conflict to receive assistance. We also changed the Military Veterans Assistance Act so that it shall not infringe upon the DVAS mandated powers and authorities. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Is there discussion? If not, the question is, shall the Senate adopt Conference Committee Report on Senate Bill 37. Those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there -- the are Ayes are 58, the Nays are none, and none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 37, and the bill, having received the constitutional majority, is declared passed. Senate Bill 45. Senate Bill 151. Senate Bill 249. Senate Bill 299. Read the bill, -- or Madam Secretary.
Pkrst Conference Committee Report on Senate Bill 299.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Daley.
20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSTON J SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 ! Thank you, Mr. President and Members of the Senate. The First l Conference Committee Report on Senake Bill 299 Would create the Illinois Engineering Scholarship Program , which would be administered by the Illinois Student Assistance Commission. As aqreed on the Ploor and in committee, the effective date has been j delayed by one year, thereby having no fiscal impact in Fiscal Year '92. The remainder of this Report contains the rate language j fo ' it colleges as contained in Senate Bill : r the State s commun y ) 309: which has been held in the House. The change from Senate ; Bill 309 is the increase in rates for five of the six types of credit hours -- hours grants. This proposal represents a j I compromise funding proposal, which was developed with the cooperation of staff from both Chambers and sides -- and sides of : the aisle. In comparison with the only viable alternative at this i point: which is to pass no rate bëll, which Would utilize the I Fiscal Year '91 rates. The distribution of the funds under this i i proposal represents increases for more than two-thirds of al1 community college districts. In addition, the Report contains a i provision which districts the ICCB and BHE to review and revise ' the existing formula for Fiscal Xear '93. The ICCB and BHE Will 1 begin meetings and solicit input from community colleges statewide 1 i in the development of a revised formula. This proposal is not the very best scenario for each and every district in this State. i Under the current formula that is not possible. It does, however, offer the only existing, viable and fair compromise proposal for community college rates for Fiscal Year '92. It is supported by both the Community College Boards and the Board of Higher Ed , and I urqe kts strong support. I'd be happy to answer any questions. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Discussion? Senator Etheredge. SENATOR ETHEREDGE: i Thank you, Mr. President. Will the sponsor yield? 21 STATE 0F ILLINOIS 87th GENERAL ASSEMBLT i REGDLAR SESSION 1 SENATE TRANSCRIPT J 71st Legislative Day July 16, 1991 PRESIDING OFFICER: (SENATOR J.J. JOXCE) 1 He indicates he'll yield.
Senator, I would like to address ly question to the seccnd part of this bill - the part that sets the rates for reimbursement i for the eommunity colleges. It is my understanding that What you are presenting here is a system or a set of rates that has been ! 1 warked out through negotiations and that these rates are supported by the State Community Colleqe Board. Is that correct? ! PRESIDING OPPICER: (SENATOR J.J. JOXCE) ! I SenatorDaley.
f 1 I That is ccrrect, Senator. PRESIDING OFFICER: (SENATOR J.J. JOYCE) ! Senator Etheredge. SENATOR ETHEREDGE: j Well then, Mr. President and Ladies and Gentlemen of the 1 Senate. Irlseln supportofthisbill,andImustsaythatIdo so somewhat reluctantly, because What We have before us is a ra te f ! ' I system that frankly is not as good as the one which ke passed out / 1 . of the -- out of the Senate last May. However, having said that, I will also go on the say that the rates before us are far better i for the colnmunity colleges of this State than we Would have if we passed no -- no reimbursement rates at aïl. So I would request support for this pieee of legislation.
PRESIDING OFFICER: (SENM OR J.J. JOXCE) Further discussion? Senator Schuneman . SENATOR SCHUNEMAN: I ! Thank you, Mr. President. Will the sponsor yield? PRESIDING OFFICER: (SENATOR J.J. JOYCE) ? He indieates he'll yield. i SENATOR SCHUNEMAN: f ' ! 22 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 Senator, you indicated that this -- what is tbe effective date of this bill, please?
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Daley. SENATOR DALEY) 7/1/91 for the community colleges, Genator.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Schuneman.
I'm sorry, I didn't hear, Senator. 7/1/91?
PRESIDING OFFICER: (SENATOR J.J. JOXCE) Senator Daley.
Fiscal Year 992, Senator.
PRESIDING OFFICER: (SENATOR JOYCE) Senator Schuneman.
My coneern, Senator, is thks - that think we're probably all on board in wanting to gi.ve rates for community colleges and we all have colleges in our district and we all Want to help them. I'm wondering to what extent We may be boxing ourselves now for expenditures in the next fiscal year, wben we have no idea what our fknaneial condition is going to be in that next fiscal year. Could you address that concern, Senator? And I guess as you do khae, I'd be interested knowing what -- how much of an increased hi* this is going to be on the State Treasurer Treasury in that next fiscal year. PRESIDING OFFICER: (SENATOR J.J. JOYCE) Senator Daley. SENATOR DALEY: Senator, my understanding the -- the bill will be pra-rated, if your eoncern does arise. mean, do have that concern 23 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 too. And if that coneern does arise in a year or so, I believe We could address it at that time.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Hawkinson.
Thank -- thank you, Mr. President. I rise in strong opposition to this report. If you don't have the numbers in front of you for your community college districts, I suggest that you take a good look at them, especially any downstater. In the Peoria area, for exampley Illinois Central College will lose some four-hundred-thousand dollars - four-hundred-thousand dollars if this new rate structure is passed. At a time when in the downstate area we're still losing assessed value and ouE community colleges are strugqling to make ends meet and have tried referenda and otherwise, this neW rate Will eost Illinois Central some four-hundred-thousand dollars, and likewise, it Will cost Blackhawk, it will cost Carl Sandburg, it will cost most of the downstate eommunity colleges. I Would strongly urge a No vote.
PRESIDING OFFICER: (SENATOR J.J. JOYCE) Further discussion? Senator Schaffer.
If the sponsor would yield. It's my understanding, and of course the Senate passed a structured rate bill, and this compromise that comes back to usz or -- or whatever you want to call this -- I've just been reviewing the numbers, but it appears to me that the Chicago system Wins under what came baek, and every other college -- community college in the State loses as compared with what we sent the House. Now that's not my definition of a compromise. I understand the argument is that if we do nothingy theoretically, they get less, but I would suggest to you that we defeat this and and get to work on a real compromise. And again, I'd repeat, as opposed to the bill that ve passed and sent 24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION j SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 to the House, this Conference Committee has one winner, and i everybody else loses. PRESTDENT ROCK: ; Purther discussion? Senator Holmberg.
Thank you: Mr. President. I rise in strong support of this I compromise proposal for the community college funding. This, unfortunately, got hung up in the House. The formula that we ' would have preferred, the rates that we would have preferred are -- are not possible. What is before us is this particular bill or no rate formula whatsoever. Under this the majority of you will do better than without a rate formula. Two-thirds of you, if you take a look, do better under this particular rate formula. This particular piece of legislation sailed out of the House about a l05 to 15, because people realized that this was the best game in town. We will be revising the formula next year. We will have chance to work on it further. Let's put this in place now. It 's needed. Most of your community colleges Will benefit.
Further discussion? Senator Donahue.
Well, I just want to rise in oppositlon. To say that our community colleges benefit from this is simply not true. Every one of my community colleges lose money under this proposition, and I would urge a No vote.
Further discussion? Senator Ralph Dunn.
Thank you, Mr. President. Iy too, have a lot of concern about thks bkll. I dkdn't sign the Conference Committee Report, but if you consider the alternative, I'm not sure but what we 're better off with this bill. If we don't have any bill at all, we're going i 25 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 to get hurt worse than we will under thls bill. I think most of us, two-thirds or more of us, come out better than we did last year. We don't do as good as we Would under have the formula we sent out of here to the House. And While I didn't vote for the Conference Committee Report, I am going to vote for this Conference Committee -- I didn't sign it. I'm going to vote for the Conference Committee Reporty because most of our downstate schools fare better. I'd urge that we look at it and see do ' whatever you want to do. I'm going to vote Aye. PRESIDENT ROCK: Further discussion? Senator Davidson. SENATOR DAVIDSON : Well, Mr. President, Members of the Senate, I also happen to be one of the Members of the Conference Committee that didn't sign this Report, and I urge a11 of you - you better take a second look. They can talk about who gained and who lost, but I didn't see any downstate districts with any reasonable amount that gained. ALL of us lost. Every one of the three districts that touch parts of mine kost. Now you can say, ''We11, we can work . on it next year.'' Well we can work on it this year. There's other vehicles around . This may be a Second Conference Committee Report. This needs to be glven the same death that was given to House Bill 1960 a while ago, and I urge a11 of you to vote No in spite of what other people have said. There's still plenty of time. There's plenty of vehicles, and don 't 1et everyone think that this is all or nothing. I haven't -- been here nineteen years, and I've haven't found any all-or-nothing situation yet. I urge everybody to vote No. PRESIDENT ROCK: Further dkscussion? Senator Demuzio. SENATOR DEMUZIO: Thank you, Mr. President. I would just like to ask the 26 STATE OF ILLINOIS 87th GENERAL ASSEMBLY ; REGULAR SESSION SENATE TRANSCRIPT i l 71st Legislative Day July 16 I , 1991 i sponsor a question, if I migbt, please. PRESIDENT ROCK: I Sponsor indicates he will yield, Senator Demuzio. SENATOR DEMUZIO: Senator Daley, 1'm -- I'm looking at this chart and 1et me go directly to Lewis and Clark Community College, which is on page two, number 4. Is it my understanding that Fiscal Year '92, with the rate bill as it is right now, it is three million and forty-seven thousand proposed, and then to your compromise proposal it is thirty-five twenty-six one fourteen? PRESIDENT ROCK: Senator Daley. SENATOR DALEY: Senator, were you referring to the last number. Three -- three... PRESIDENT ROCK: Senator Demuzio. k SENATOR DEMUZIO: On Page two, .Lewis and Clark, number four, the Fiscal '92 rate bill as it is now, I assume is three million forty-seven thousand, and this would move it to 3.5 million, is that correct? PRESIDENT ROCK: Senator Daley. SENATOR DALEY: . Senator, I believe your -- your district would do better under the Conference Committee Report Which is the number right before that, second to the lask column. That is the number. PRESIDENT ROCK: All right. Any further discussion? Purther discussion? Senator Daley, to elose. SENATOR DALEY: Mr. President and Members of the Senate, I Would just ask for I 27 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 i a favorable vote. PRESIDENT ROCK: Question is, shall the Senate adopt the Conference Committee Report on Senate Bill 299. Those in favor will vote Aye. Opposed, vote Nay: and the voting's open. A11 voted who Wish? Have all voted who wish? Have al1 voted who wlsh? Have a11 voted Who wish? Have a11 voted who Wish? Take the record? On that question, there are 35 Ayes, 15 Nays, 7 voting Present. The Senate -- the Conference Committee is not adopted and the Secretary shall so inform the House and Senator Daley requests the appointment of a Second Committee of Conference. 659. Senator Marovitz. 908. Senator Lechowicz. 930. Senator Marovitz. 972 - - I'm sorry. Bottom of Page l3, there's a Conference Committee Report on Senate Bill 930, Madam Secretary. SECRETARY HAWKER: Second Conference Committee Report on Senate Bill 930. PRESIDENT ROCK: Senator Marovitz. SENATOR MAROVITZ: Thank you very much, Mr. President and Members of the Senate. Conference Committee Report on 930 has tWo things in it. One is the clarification for places like Great America, which redefines -- defines a redemption machine as it relaees to earnival or arcade games, to allow merchandise prizes With a value of the lesser - the lesser - of five dollars or seven times the cost of play, which usually would be twenty-five cents times seven - at a dollar seventy-five. It also allows that a coupon worth the cost of a play of a game can be Won and added to other coupons to receive a better prize. And the other portion of the bill is a codification of the -- in re Morse case' which is the 1aw in the State of Illinois regarding -- applying to a situation Where a -- the owner of non-marital estate is the person who makes 28 I 1 STATE OF ILLINOIS 87th REGE UN LE ARAL SEA SSS IE OM NBLY SENATE TRANSCRIPT 1 ; 71st Legislative Day July l6, 1991 contribution, in terms of personal effort, to that non-marital estatez and how the marital estate would be reimbursed, and this codifies the Morse case. I would ask for adoptlon of the I Conference Committee Report. PRESIDENT ROCK: 1 The Gentleman has moved the adoption of the Conferenee Committee Report on Senate Bill 930. Discussion? Senator i Barkhausen. SENATOR BARKHAUSEN: i Mr. President, I rise in support of the Conference Committee I Report, and have a couple of questions that I've been asked to ask of the sponsor. PRESIDENT ROCK: Sponsor ïndicates he will yield, Senator Barkhausen. I SENATOR BARKHAUSEN: Senator Marovitz: specifically does the amendatory language relating to the Marriage and Dissolution Act under consideration here -- does the amendatory lanquage mean that in determinlng a reimbursement to the marital estate, the court should consider whether the salary paid to the contributing spouse who -- Who, say , owns a business which is a non-marital asset, uhether -- ! whether the contribution is reasonable compensation for those personal efforts by comparin: that compensation to -- to ! compensation that would have been received by individuals in comparable positions in comparable businesses? PRESIDENT ROCK: ' ' senator Marovitz. SENATOR MAROVITZ: Yes, that is correct, Senator Barkhausen. PRESIDENT ROCK: Senator Barkhausen. SENATOR BARKHAUSEN : i 29 STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION j SENATE TRANSCRIPT : 71st Legislative Day July l6# 1991 i And further - as you explained - I understand it's the purpose of this amendatory language to codify the holding of the Appellate Court in the case of in re: Marriage of Morse?
Senator Marovitz.
That ks absolutely correct, Senator Barkhausen.
Purther diseussion? Further discussion? Senator Marovitz, to close.
To seek a favorable roll call. ! PRESIDENT ROCK: ' Question is, shall the Senate adopt the Conference Committee I Report on Senate Bill 930. Those in favor, vote Aye. Opposed, I vote Nay. And the voting is open. Have all voted who Wish? Have al1 voted who Wish? Have all voted Who wish? Take the record. I On that question, there are 56 Ayes, no Nays, l voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 930, and the bill, having received the required ë I constitutional majority, is declared passed. 972. Senator Welch. ' 1006. Senator Holmberg. Madam Secretaryy bottom of Page 13, i Conference Committee Report on Senate Bi11 1006. SECRETARY HAWKER: 1 First Conference Committee Report on Senate Bill 1006.
Senator Holmberg. SENATOR HOLMBERG: I Th I ank you very muchy Mr. President. Senate Bill 1006, Conference Committee Report, the House has receded from House h Amendment No. 3. It basically noW abolishes the fire equipment I distribukor and employee board and creates the Fire Equkpment 30 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 Distributor and Employee Advisory Board; eliminates certain licensure requirements and reduces the annual licensure fee. As it has been worked oue by the conference committee, to the bese of ' j our knowledge, there are no longer any objeetions to this bill, and I would recommend its passage.
Discussion? Senator Fawell. . : I
Thank you very much, Mr. President. To my colleagues on this side, although there were no Republican signers of this bill, i there is nothing wrong with the bill. We Were really waiting for I some advice from some people about whether this was an acceptable compromise. They came up with the agreement. They said, yesy it was fine. I would suggest a1l of us vote Aye on this bill.
Further discussion? Further discussion? Senator Holmberg, to close. i
I would just ask for a favorable vote. . PRESIDENT ROCK: . Question is, shall the Senate adopt the Conference Committee ' Report on Senate Bill 1006. Those in favorz vote Aye. Oppcsed, vote Nay. And the votingfs open. A11 voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question: there are 57 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1006, and the bill, having received the required constitutional majorityp is declared passed. 1393. Senator Marovitz. All right. Ladies and Gentlemen, there 's been a request to return to Page l5. There's been a request to go to Consideration Postponed on Conference Committee Reports. Senator Jones has requested that we take up 1471 for the purpose of going 31 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 to second committee. And there has been a request to go to the Order of Motions in Writing and then Senator Maitland's Motlon will be in order. Page 15 on the Calendar, Madam Secretary. Senate Bill 1471.
First Conference Committee Report on Senate Bill 1471.
Senator Jones.
Yeah, thank you, Mr. President. move the Senate not adopt the Conference Committee Report for the purpose of a Second Conference Committee.
All right. Question is placed in the affirmative. Question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1471. Those in favory vote Aye. Opposed, vote Nay. The voting is open. Al1 voted Who wish? Have a11 voted who wish? Have a11 voted who Wish? Take the record . 0n that question, ehere is 1 Ayer 47 Nays, and none voting Present. The Conference Committee Report is not adopted and the Secretary shall so inform the House. And Senator Jones requests the appointment of a Seeond Committee of Conference. On the Order of Motions in Writinge there's a Motion: Madam Secretary: with respect to House Joint Resolution 42. -- the motion, please.
I move that the Committee on Executive be discharged from further consideration of House Joknt Resolution 42 and that the resolution be placed on the Calendar on the Order of Secretary's Desk, Resolutions. Filed by Senakor Cullerton.
Senator -- Senator Cullerton. 32 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991
Thank you, Mr. President and Members of the Senate. I would move to discharge the Committee on Executive with regard to this House Joint Resolution. I have asked for the support of Senator Donahue and Marovitz, who are Chairman and Minority Spokesman of the Committee. The resolution, as amendedy establishes a fourteen-member Task Force on Childhood Lead Poisoning Prevention. They are to meet With the Department of Public Health's Strategic Planning Committee and conduct hearings on the problems eaused by lead poisoning in children.
A11 right. The Gentleman has moved to discharge the Committee on Executive from further eonsideration of House Joint Resolution 42 and asks that it be placed on the Calendar on the Order of Secretaryls Desk, Resolutions. A1l in favor of that motion, indicate by sayin: Aye. A11 opposed. The Ayes have it. The motion carries, and it is so ordered. HJR 44. Senate Joint Resolution 8l. Senator Holmberg. Madam Secretaryr on Senate Joint Resolution 81.
move to discharge the Committee on Executive from further consideration of House <s1c> Joint Resolution 81 and that the resolution be placed on the Calendar on the Order of Secretary's Deskz Resolutions. Filed by Senator Holmberg.
Senator -- Senator Holmberg.
Thank you, Mr. President. I would, first of all, like to be placed as lead sponsor on Senate Joint Resolution No. 81 and then, secondly, move to discharge it from Executive Committee. I have talked to Senator Donahue and to Senator Marovitz about this. 33 STATE OF ILLINOIS 8?th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 7kst Legislative Day July l6, 1991 Basically, what the resolution says is -- extends the Tuition Study Task Force, primarily because of the illness of the Chairman. They have not been able to finish their business, and this gives them the opportunity to do that.
Al1 right. The Lady has moved to discharge the Executive Committee from further consideration of Senate Joint Resolution 81 and asks that it be placed on the Calendar on the Order of Secretary's Deskr Resolutions. A11 in favor of that motion , indicate by saying Aye. Al1 opposed. The Ayes have it. The motion carries and it is so ordered. Senator Maitland, for what purpose do you arise, sir?
Thank you very much, Mr. President and Members of the Senate. would move to suspend the appropriate provisions of Senate B111 -- Rule 5(c) with respeat to House Bill 2l4 so that the bill might be considered. And obviously, this is the issue of the State employees' payroll, and we would like to attempt to amend that bill this evening, sir.
A11 right. The Gentleman has moved to suspend the rules to go to the Order of House Bills 3rd Reading for the purpose of takin: up Senate -- House Bill 214. Discussion on the motion? Senator Carroll.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. rise ln opposition to this motùon. think it is basically dilatory, though technically may not be. This is almost identical to that motion and actàon that was taken last Week, the only difference bzing some of the sloppy, typographical errors that were made in last Week's amendment - some of those, though not have been corrected. think the problem is , 34 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT , 71st Legislative Day July 16g 1991 once again, ehere seems to be greater concern on the 2nd Floor with employees, though I personally feel we have an obligation to ! I Pay the employees. I think every Member of this Chamber feels we i i should resolve the budget impasse now and pay those employees. But what this does not do: as last time, is talk about those who I truly depend upon the State for life-sustaining matters. For i example, it does nothing to fund the Circuit Breaker and Pharmaceutical Assistance in any type of proposal we have yet seen. Many of you may have seen local television last night about a pharmacy here, in our immediate area, that's going to close in ' about eight days because Public Aid is not paying anything and there is nothing in the 2nd Floor's proposal to fund anything at al1 to senlors who need life-sustaining pharmaceuticals - zero has been axed -- asked for ln any of these proposals. Nothing is going for the Energy Assistanee Program - the back monies that are owed in the Energy Assistance Program that we've heard so much about. We face shutoffs at a critical time for people because there has been no payment nor none proposed. Nothing is going for displaced homemakers - about under a million dollars for these grants now for people in need of some type of housekeeping serviees'. . Nothing is going on the Senior Citizens' Real Estate Tax Deferral Program . And let's think about that a moment. We set up a program where the State will advance the funds on behalf of seniors to get it back later. Nothinq in here will pay those payments as they eome due, which means the seniors will be in default on their real estate taxes, could in fact lose their homes because the State has not made those payments. No concern about those type of items. Nothing going to the units of local government, who should be getting their share this month to meet their payrolls as well. These people are workinq for units of government who are entitled by laW to the same type of distribution and, yet, nothing goes to any of these people. ! 35 STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 ' REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 ! l 1 Nothing goes for home services to the severely disabled, who need some type -- type of chore homemaker or worker or personal i assistant. Who's paying these people this month? No one. Disableds, crippled, handicapped - totally without any service 1 unless those people are working: like too many others, without receiving any type of compensation till we get done here. Nothing îs going for community care for the aged. Nothing is goin: for home-delivered meals, for our homebound seniors who cannot get out i and Who live on the meals that We deliver to them - but that'S not 1 important, according to these proposals. I could go on and on j wkth thase people we call upon like foster-care parents. Do we I owe them for this month? Of course we do. Is it in here? Of E course not. That's not of concern to the 2nd Floor. That's i wrong, and I strongly object to this rehash and let us get down to' the real business, Mr. President. I urge defeat of Senator J Maitland 's motion.
Further discussion on the motion? Senator Geo-Karis.
I Mr. President and Ladies and Gentlemen of the Senatez we ,ve made our mistakes - you've made them over there; we've made them over here - but I think it's high time to realize that the middle class, and those are the employees of the State, that pay taxes so we can support our homelessy so We can support the public aid and what-have-you, have to be considered. And I think the rhetoric, whieh is very beautiful on the other side, should find another plaee for it because the need is there right now. And you cannot deprive these people Qonstantly, and theyfre the ones who are furnishing the services to help the senior citizens and to help the disabled and the -- and the children who have been abused and what-have-you. And I think it's high time that we forget our politics and join together and vote for this amendment. I think 36 STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 it's a needed amendment, and I think we should consider, as I said: the very workers that work for the State of Illinois. p ' They're your middle class who are the ones that have been helping ; all along, and I don't think it's fair just to deprive them simply for political expedience. And I urge a favorable vote. PRESIDENT ROCX: ! Further discussion on the motion? Senator Schaffer. I SENATOR SCHAFFER: A couple comments on the speaker from the other side. Frankly, the only way we eould address a11 those concerns would be to pass the entire budget - a very commendable idea, but we will not be able to solve all of the problems Without doing that. I would alsoy respectfully, disagree there is something very different between this proposal and the one We voted on almost a week agoz and that difference is a week. As we sit and stand here today, I wish I could tell you I thought we were on the verge of a final compromise that would get us out of here in the next twenty-four hours. I don't feel that way. I feel this could drag on and on, and I don't think: as I said a week agog that the people that guarded the prisoners should go Without pay; that the women and ladies that empty the bed pans and work in the mental hospitals should go without pay; that the State police that risk i : their lives every day should go without pay; that all the people we depend on to take care of the people of Illinois should go i without pay because we and the Governor canlt adopt a budget. 0ne of the things I like about this proposal is that the two groups that do not get paid under this bill are us and the Governor, because clearly we are the groups that shouldn't get paid because ! clearly we dre the groups that have to get this together. I would strongly suggest -- why don't we do this? The bill that we had on the last day of June was your bill. The bill we had last week was our bill. Why don't we make this bill everybody's bill and a11 ' a7 i STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 vote for it.
Further discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. And, Senator Schaffer, you make a pretty good point, you know , but here it is June 46th and -- and we've really got -- Wefve really got a problem to take care of this thing. You knaw, We tried to do this on June 30th# piecemeal a little aetion, and we couldn't even get enough votes on our side, 1et alone :et any help from that side of the aisle. If I have my druthers: I Would ask Senator Maitland to take this out of the record for twenty-four hours, and I would like to see us present a budget on this Floor. And if we have to, let's debate it on this Floor in open Session. If we have to have the Governor here, I don't give a damn. Let's get him here. Let's do the job. Let's take care of this thing in total, because What in the hell We're tryinq to do here today is ludicrous. It's silly. It's asinine. And we have got to take ourselves out of this mode and We've got to get ourselves onto a higher plane. settle the budget, settle this silly ideology of Whether We have a permanent or a temporary surchargey whether we have this distribution or that distribution. We're not that far apart on a budget. We can present one in twenty-four hours. In fact, I challenge the budgeteers on both sides of the aisle to bring one to us. Let's talk about it and let's pull it out of the record until We can do thatr Senator. I think that makes more sense than anything else we can do today.
Further discussion on the motlon? Senator Kelly. SENATOR KELLY: Thank you, Mr. President, Members of the Senate. I rise to oppose this motkon. I think that this ks defknktelv a hoax of the 38 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Leqislative Day July 16, 1991 State employees. TWo weeks isn't going to solve the problem . We're goin: to come right back in August lst and they and their families are going to be right back in the same hot water all over ! again. I propose that, if anything, We ought at least 1et this go until October when we come back and at least give everybody a chance to save some money and maybe look at it a little differently and have tempers cool down and -- but this -- this is not at a1l going to solve our problem. Wedre going to come back August lst and wefre probably going to be in worse shape than We a re nOW .
Further discussion? Senator Holmberg.
Thank you, Mr. President. You know, this is beginning to look like a continuing resolution of the U.S. Congress. When they can't settle when to end their fiscal year, they keep everybody there for another month and pass a little piecemeal part of the j budget. Are we going to get into the same kind of fix that we have gotten into at the national level? The one thing that has helped the states has been the fact that they have had a fiscal I year, that they pass a budget on June 30*h or July lst or I I thereabouts and get the -- the people get back to their districts i and they do not stay in Springfield year-round to debate piecemeal budgets. I believe, as Senator Jacobs doesy that we should get ' about debating the whole budget and get it passed. It's time. j I
Further discussion? Senator Raica.
I Thank you, Mr. President and Ladies and Gentlemen of the Senate. As probably everybody here knows, there's probably nobody that wants to get this thing over with more than myself and probably three-quarters of the Members on thks Floor. Senator 39 STATE OF ILLINOIS 87th CENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July 16, 1991 Jacobs: as you know, I probably have the utmost respect for you. Wedve talked on numerous hours over the last couple of days which i ' I seems like almost eternity. But I guess a11 this would be is -- if we voted House Bill 2l4 out, Woutd kt be sa bad ta show the State of Illinois that there's some movement; that one side and I i another side is willing to meet each other halfway? Would that be so bad? A11 we have are four or five people that have dug their : I heels in so deep that says there fs no negotiation here. There 1s no negotiation here. So, where do we go? Here We are in July I discussing whether someone who has worked and has a family and has mortgages, payments, probably medical expenses, whether they should receive a check that they earned. Is there something so wronq about that? But now these people are in the middle. 1 ! They've came here today expecting the General Assembly - and I've got to compliment the President -- Rock for doing what We have I today, probably the most that welve done in three weeks - but that, again, we show the people that we're reasonable, prudent i people like I asked yesterday and we can move back and forth. But whatls the problem with voting this bill out of here now - to show thepeoplethat,one,wecare,thatwedreovertwenty-one,thatwe f , ' could make a decision and not use anybody. I quess that would be too easy, wouldn't it? I just hope that we can be reasonable and l prudent indlviduals and give these people who have families a paycheck so they ean live and not wait till October, Which is really stupid. PRESIDENT ROCK: Further discussion? Further discussion? Senator Carroll, for ! I I the second time. SENATOR CARROLL: i Thank you, Mr. President. I really don't like rising a second I i time, but T think, again, we have to put this in perspective. There's no question that, as the Tribune said today, hundreds, I 40 i i STATE OF ILLINOIS 87th GZNERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 71st Legislative Day July 16y 1991 thousands of vendors are going unpaid for months, upon months, I upon months. We 're very fortunaee in this State to have banks 1' here in Springfield, to have a major credit uniony that has said i to State employees, ''Wefll loan you the net amount of your I paycheck interest free.'' It's a shame that we even have to do thaty but thank God they're there to do ik. It's a shame that we're standing here today and have not passed a budget, but it E would be a greater shame - in fact, a crime - to say to those I seniors who live on meals, to those seniors who need these ; life-sustainàng drugs, ''You, we don't care about.'' Oh, credit unions have taken care of the State employees' and thank God they have. Banks in Springfield have taken care of State employees, interest free. Thank God they have. But nobody cares about i foster parents who can't afford to still take care of that kid. Nobody cares whether seniors eat or live. That's wrong. The only ' way to end it is to do the whole thing, and we should oppose this motion. i
A1l right. Senator Maitland, to close.
Thank you very much, Mr. President and Members of the Senate. i i For a dilat substantive ory mo debate tion,evenkng. this this certainly ha Senator sd -- rawn aCarrolt, Senator 1ot of 1 never before in my five years as a Member of the Budget Conference Committee have Republicans and Democrats worked better together than we did this year. We have come very close to balancing the budget. We are getting closer. 0ne day soon, we pll pass that budget, but it's apples and oranges - you know that as well as I do. Apples and oranges - the discussion that you've had with this / Body tonight. When I offered this amendment the other evening, I said: ''Let's forget about petty politics.'' To be a State employee i is a honorable profession. We have an obligation to them. We can f I I 1 41 STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day July l6, 1991 do it tonight. We absolutely can. We can put the checks in their poaket. They can continue their work, servicing the people of the State of Illinois. Let us continue to resolve our differences here. A11 that's standing before us tonight and the issue of these people being paid is the support of this motion. Let's drop our petty politics. Let's do what's right. Let's move forkard . Let's pass this motion.
A11 right. The Gentleman has moved to suspend the rules for the purpose of moving to the Order of House Bills 3rd Reading for the purpose of addressing 214. Tbe motion will require 30 affirmative votes. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who Wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 27 Ayes, 30 Naysf none voting Present. And the motion fails. Is there further business to come before the Senate? If not, Senator Demuzio moves that the Senate stand adjourned until Wednesday, July 17th - Wednesday the 17th day of July at the hour of ten o'clock, a.m . Senate stands adjourned. Ten o'clock in the morning, Ladies and Gentlemen. 42 REPORT:TIFLOAY PAGEJ O01 STATEGFILLINQIS 87TH GENERAL ASSEMBLY 92/03/:0i 11:13::*9 SENATE DAIL Y TRANSCRIPTION 0F DEBATE INOEX JULY 16. 199t H3-02t# t10TI0N PAGE 3# 88-0*3: CONFERENCE PAGE 7 H8-0738 CONFERENCE PAGE 3 H:-t0T3 CONFERENCE PAGE 8 H:-1960 EONFEkENCE PAGE 12 I . HB-25t0 CSNFERENCE PAGE 18 I SB-003T CONFERENCE PAGE 19 58-0399 CONFERENCE PAGE 20 :8-0930 CONFERENCE PAGE 28 S:-t006 CONFERENCE PAGE 30 sb-1#71 POSTPONED CONSiDERATION PAGE 32 SR-o&88 RESOLUTION OFFERED PAGE 1 3R-0689 RESOLUTION OFFERED PAGE : sR-û69O RESOLUTION OFFERED PAGE 2 SR-:69l R6SOLUT10N OFFERED PAGE 2 .HJR-00#2 ROTIOR PAGE 32 sJR-00:l ROTIO?k ' PAGE 33 SUBJECT MATTER . SENATE T0 OROER - PRESIDENT ROCK PAGE t PRAYER - REVERENO RICHAEL KOSCHMANN PAGC t JOURNALS - PGSTPONED PAGE l REEEGS PAGE 2 SENATE RECONVENES PAGE 2 . AOJOURNMENT PAG6 *2 1 I 1 1 1 1 !