Illinois General Assembly Floor TranscriptsBrowseSenate87th GA

Illinois Senate Floor Debate — April 21, 1992

87th General Assembly (1991-1992) · Legislative day 93 · Regular Session
Chamber
Senate
General Assembly
87th (1991-1992)
Date
April 21, 1992
Legislative day
93
Session
Regular Session
Speaker turns
124
Original
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PRESIDENT ROCK

The hour of twelve-thirty having arrived, the Senate will please come to order. Will the Members be at their desks: and . will our guests in the gallery please rise. Our prayer this afternoon by the Reverend Rudolph Shoultz, Union Baptist Church, 1 I Springfield, Illinois. Reverend. . THE REVEREND RUDOLPH SHOULTZ: I (Prayer by the Reverend Rudolph Shoultz)

PRESIDENT ROCK

Thank you, Reverend. Reading of the Journal, Madam Secretary. j Senator Kelly. I !

SENATOR EELLY

i Thank you, Mr. President, Members of the Senate. I move that the reading and approval of the Journals of Tuesday, April 7th7 Wednesday, April 8th: and Thursday, April 9th, in the year 1992, be postponed, pending arrival of the printed Journals.

PRESIDENT ROCK

You've heard the motion as placed by Senator Kelly. Is there any discussion? If noty a11 in favor, indicate by saying Aye. I All opposed. The Ayes have it. The motion carries, and it is so i ; 1 ordered . Message from the House.

Linda Hawker

A Message from the House by Mr. O 'Brien , Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate , to wit: House Joint Resolution 96 . It is congratulatory .

PRESIDENT ROCK

Consent Calendar . Conlmittee Reports .

Linda Hawker

1 STATE OF ILLINOIS ! 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 93:d Legislative Day April 2l# 1992 Please be advised, pursuant to Rule 7A of the Rules of the Senate of the 87th General Assembly, the following Senators have been appointed to serve on the standlng committees listed below : Senator Di Turi - Elections and Reapportionment; Energy and Environment; Executive; Insurance, Pensions and Licensed Activities; and Judiciary II. Senator Welch - Judiciary 1. Senator Cullerton - Vice Chairman of Judiciary 1. Senator Lechowicz - Co-chairman, Committee on Assignment and Committee on Committees. : These appointments take effect April 2l, 1992. Signed by Senator Sam Vadalabene, Chairman of the Committee on Committees.

PRESIDENT ROCK

Senator Donahue, for what purpose do you arise?

SENATOR DONAHUE

Thankl you: Mr. President. I rise on a point of personal privilege. PRESIDENT ROCK: i State your point, please. i SENATOR DONAHUE: ' I would like to introduce to the Senate today a group from Quincy Junior High School. Theydre in the gallery to my right. And I'd just like to have them rise and be recognized.

PRESIDENT ROCK

Will our guests please stand and be recognized. Welcome to Springfield. Resolutions.

Linda Hawker

Senate Resolution 1156 offered by Senator Jones and a11 Members . Senate Resolutlon 1158 offered by Senator Jones . Senate Resolution 1159 offered by Senator Hawkinson . Senate Resolution 1160 offered by Senator Hawkinson . 2 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21y 1992 Senate Resolution 1161 offered by Senators DeAngelis. Mahar and Kelly. Senate Resolution 1162 offered by Senator Rea. Senate Resolution 1163 offered by Senator Rea. Senate Resolution 1164 and 1165 offered by Senator Demuzio and a1l Members. Senate Resolution 1166 offered by Senator Munizzi. Senate Resolution 1167 offered by Senator Jones and al1 Members. Senate Resolution 1168 offered by Senator Donahue. Senate Resolution 1169 offered by Senator Dudyez. And Senate Resolution 1170 offered by Senator Dudycz. Senate Resolutions 1171 and 1172 offered by Senator Ralph Dunn. Theydre a11 congratulatory and death resolutions.

PRESIDENT ROCK

Consent Calendar.

Linda Hawker

Senate Resolution 1157 offered by Senator Mahar. And Senate Joint Resolution 146 offered by Senators Woodyard and Demuzio. They're b0th substantive.

PRESIDENT ROCK

Executive. Senator Munizzi, for what purpose do you arise?

SENATOR MUNIZZI

. .o tmachine cutoffl.o.senate. hit my button. I'm ready. It is with great pleasure that I'm here to introduce our newest Member - of which I'm no longer your newest Member. My term was a little short there Senator Robert Di Turi, from the district just north of mine. l'd like you all to Welcome him here today.

PRESIDENT ROCK

Motions in Writing, Madam Secretary. STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21, 1992

Linda Hawker

I move to suspend all applicable rules, so that Senate Bill 1771 may be re-referred from the Committee on Local Government to i the Committee on Insurance, Pensions and Licensed Activities; so ' that Senate Bill 1584 may be re-referred from the Committee on Finance and Credit Regulations to the Committee on Consumer Affairs; and so that Senate Bill 1486 may be re-referred from the i Committee on Elementary and Secondary Education to the Committee on Insurance , Pensions and Licensed Activities. Filed by Senator Vince Demuzio , Chairman of the Committee on Assignment of Bills.

PRESIDENT ROCK

Senator Demuzio . SENATOR DEMUZ10 : Well , thank you , Mr . President. This is a re-referral of Senate Bill 1771 being re-referred from the Committee on Local Government to the Colnmittee on Insuranee and Pensions and Licensed Activities; and Senate Bill 1584 re-referred from the Committee on Finance and Credit Regulations to the Committee on Consumer Affairs; and Senate Bill 1486 to be re-referred from the Conunittee on Elementary and Secondary Education to the Committee on Insurance # Pensions and Licensed Activities. I Would move the adoption of the motion.

PRESIDENT ROCK

Al1 right . The Gentleman has moved to re-refer three bills from one committee to another. Is there any discussion? If not , al1 in favor of the motion , indicate by saying Aye. All opposed . The Ayes have it. The motion carries, and it is so ordered . Senator Madigan ê for what purpose do you seek recognition?

SENATOR MADIGAN

To Table a bi11 , Mr . President .

PRESIDENT ROCK

4 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21, 1992 i That is always in order. sir. : i SENATOR MADIGAN: 1 Thank you, Mr. President. If it be in order, I would like to I request that Senate Bill 1798 lay on the Table. I think it's in I l Rules.

PRESIDENT ROCE

All right. The Gentleman has moved to diseharge the Committee on Rules from further consideration of Senate Bill 1798 for the purpose of Tabling. Al1 in favor of the Motion to Discharge, indicate by saying Aye. Al1 opposed. The Ayes have it. The bill is discharged. Senator Madigan now moves to Table Senate Bill ! I 1798. Any discussion? If not, all in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carries, and khe bill is Tabled. Senator Alexander, for what purpose do you arise?

SENATOR ALEXANDER

Thank youy Mr. President. I move to -- to suspend the appropriate posting rule from the Election Committee, in order to hear Senate Bill 1636 on Thursday, April 23rd, at one o 'clock.

PRESIDENT ROCK

Al1 riqht. The Lady has moved to Waive the posting requirement with respect to Senate Bill 1636, and asks that it be heard in Elections on Thursday. Without objection, leave is granted. It's so ordered. Senator Davidson, for what purpose do you arise?

SENATOR DAVIDSON

Mr. President and Members of the Senate, I -- I'd like to bring to your attention -- to Members of the Legislature and to their staffs -- if they Want to participate: Tomorrow is the Legislative Fitness Day, which is sponsored by the Governor's Council on Health and Fitness and the Illinois Association of Physical -- Teachers, et cetera - a khole -- whole number of them . That starts tomorrow morning in Room 1-1-4, on the lst Floor, from 5 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21, l992 7 :30 a .m . ta l:00 p.m. And we invlte a1l of you to participate . You a11 have an invitation . So please do it. Secondly -- secondly , the Annual Governor 's Prayer Breakfast will be on Thursday , May the 7th# at the Holiday Inn East. G'he speaker this year is Charles Colson . Many of you are aware of the individual . The tickets are eight-fifty . And I need to hear frcm you you 're goin: to attend , because we have reserved tickets at center seating tables for Members of the Legislature - House and Senate . Please see me , and I need to hear from you by next Thursday . Thank you .

PRESIDENT ROCK

Senator Brookins y for what purpose do you seek recognition?

SENATOR BROOKINS

Thank you , Mr. President . There Was a -- there is a scheduled meeting for the Transportation Commlttee on Thursday . I 'd like to cancel that meeting , due to the fact that we only have one or tWo bills , and we will reset it at a later date . So Transportation Committee for Thursday will be canceled .

PRESIDENT ROCK

Al1 right . Senator Macdonald , for what purpose do you arise?

SENATOR MACDONALD

Mr . President, I Would like to transfer Senate Bi11 2210 sponsorship to Senator Butler . Inadvertently, the bill was lefk on my desk and we lntroduced it , and it should have been Senator Butler 's bill .

PRESIDENT ROCK

A1l right . The Lady seeks leave to show Senator Butler as the chief sponsor of Senate Bill 2210. Without objectiong leave is granted . It 's so ordered . Senator Smith , for what purpose do you arise?

SENATOR SMITH

Thank you# Mr. President . T 'd llke for personal privilege , 6 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21, 1992 ! I I'd like to announce that there will be an informal meeting in ! Room 212 of the Capitol Building on Wednesdayy April 22nd, 1992, from 8:45 a.m . to 9:30 a.m., with Mr. William Roberts, a member of the Canadian Parliament. The purpose of the meeting is to inform you of the Canadian Universal Hea1th Care System. I invite everyone to please come and share in this meetkng. Thank you. l

PRESIDENT ROCK

Senator Jacobs, for what purpose do you arise?

SENATOR JACOBS

I Would like to transfer sponsorship of Senate Bill 1796 to read Senator Tom Dunn-Luft. PRESIDENT ROCK: I Al1 right. The Gentleman seeks leave to show Senators Dunn and Luft as the hyphenated co-sponsors of Senate Bill 1796. Without objection, leave is granted. It's so ordered. Senator Cullerton, for what purpose do you arise?

SENATOR CULLERTON

Thank you : Mr. President, Members of the Senate . Mr. President, the Members of the Loeal Government Committee -- this - - this -- these comments are addressed to the Members of the Local Government Committee. We are scheduled to meet at ten o'clock tomorrow mornlng; however, that -- that conflicts with a number of other committees. So I've conferred with Senator Fawell, and we wish to reschedule the Local Government Committee to 3:00 p.m. in the same room - that is A1. So our request is for the Local Covernment Committee to meet at 3:00 p.m . rather than 10:00 amm .

PRESIDENT ROCK

Senator Berman, for what purpose do you arise?

SENATOR BERMAN

i Thank you, Mr. President. I would ask for leave to go to the I Order of Constitutional M endments lst Reading . 7 STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day . April 21, 1.992

PRESIDENT ROCK

A1l right. The Gentleman seeks leave to go to the Order of Constitutional Amendments 1st Reading. Without objection, leave is granted . Senate Joint Resolution 130, Madam Secretary. i

Linda Hawker

Senate Joint Resolution 130, Constitutional Amendment. (Secretary reads SJRCA No. 130) 1st Reading of the Constitutional Amendment. Senator Berman offers Amendment No. 1.

PRESIDENT ROCK

. Senator Berman, on Amendment No. 1.

SENATOR BERMAN

Thank you, Mr. President. Senate -- Senate Amendment No. l has been distributed. It is a reworded educational amendment to the Illinois Constitution. I will be glad to address questions and distribute additional information as we move along. This would be lst Reading. Tomorrow and Thursday Would be 2nd and 3rd Readings. And I hope that wedll be able to address the intent. Just as a one-liner, 1et me indicate that We are trying to state what everyone in everyone of our campaigns has constantly said as to the priority of education. I move the adoption of Amendment No . l .

PRESIDENT ROCK

A11 right. Senator Berman has moved the adoption of M endment No. l to Senate Joint Resolutlon Constitutional Amendment 130 . Discussion? Senator Schaffer.

SENATOR SCHAFFER

senator , I apologize . Would you mind explaining the amendment and exactly what it means?

PRESIDENT ROCK

senator Berman.

SENATOR BERMAN

8 STATE 0P ILLINOIS l 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21, 1992 .. May I read it? It's a couple of sentences. Or do you have it in front of you? A1l right. What it is -- the -- the biggest problem -- the biggest problem that has been imposed upon each of us is that, as a result of a Supreme Court decision several years ago, lanquaqe that presently exists in the Constitution was not enforceable language. And that language is the last sentence of the existing Constitution, which says that ''The State has the primary responsibility for financing the system of public education.'' The Supreme Court said that that is advisory. This amendment strikes that language and inserts much stronger language, as you can see by the reading of it - including words such as Hparamount duty,'' ''educational rightsy'' and the -- and the ''preponderant financial responsibilityo'' It was our intention to allow - when I say ours, I mean Senator Maltland 's and mine - to put this on as the amendment, and to go through the process of discussion and -- and detailed explanation tomorrow and Thursday on this, if that meets with your approval.

PRESIDENT ROCK

Further discussion? Senator Rigney.

SENATOR RIGNEY

Are you going to attempt to define the word ''paramountn? I remember in Con Con, I think we spent a couple hours trying to define this business about primary responsibility, and we did come to the conclusion that -- that it did not mean fifty percent or more. Have you a definition for ''paramountf'?

PRESIDENT ROCK

Senator Berman.

SENATOR BERMAN

Senator, it is our intention - and again, Senator Maitland and I - we are developing a -- a question and answer -- a question and answer scenario that we will hopefully put into the record, but which we will share with every one of the Senators beforehand, so l 9 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21y 1992 that you -- that you understand what we're trying to do, and the record on Thursday, for example, will be very clear as to what our intention is.

PRESIDENT ROCK

Senator -- Senator Donahue.

SENATOR DONAHUE

Thank you, Mr. President. I have a question of the sponsor.

PRESIDENT ROCK

Sponsor indicates he will yield, Senator Donahue. ï SENATOR DONAHUE: i . Has this resolution -- it's my recollection in the Executive Committee that this was going to be from the Education Task Force. Has this been voted on and passed by the Education Task Force?

PRESIDENT ROCK

Senator Berman.

SENATOR BERMAN

No, it hasn't. The problem there was -- there's been a consensus that we need a constitutional amendment. This Wording ! has not been submitted there, essentially because the timin: of I the next meetin: is past the time for us to be able to move ! forward with a -- an amendment that could be adopted. It will be I submitted to the next meeting of the -- of the Task Force. But We I did not have the opportunity to submit it to them beforehand.

PRESIDENT ROCK

Senator Donahue.

SENATOR DONAHUE

Well, just to follow up on that then: If -- if it's submitted to them after the meetin: and they don't agree With ity has it already passed the Chambers? Do we have a deadline of May 3rd, that it has to be -- to be able to get it on the ballot? Is that the deadline? Will the meeting take place after that?

PRESIDENT ROCK

10 == STATE OF ILLINOIS i 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 93rd Legislative Day April 2l, 1992 ! I Senator Berman . !

SENATOR DONAHUE

Or prior to . . . ! S i ENATOR BERMAN: I I There is no -- we're -- We're not going to have a meeting before that, so I guess they -- we will have to make up our own mind without the -- without the full concurrence of the Task Porce.

PRESIDENT ROCK

Further discussion? Senator Fawell. Senator -- I'm sorry . Senator Fawell.

SENATOR PAWELL

Thank you very much. Will the sponsor yield for a question?

PRESIDENT ROCK

Sponsor indicates he Will yleld, Senator Fawell.

SENATOR FAWELL

What you are saying then actually is that the State is going to have to guarantee equality, but you don't really define equality?

PRESIDENT ROCK

Senator Berman.

SENATOR BERMAN

Well, Senator, like every other Constitutional provisiony it is our intention that is being stated, with language that We hope is enforceable in the Constitution. Details of any of the Constitutional Amendments, from sentence one al1 the way through . the end of the Constitution, depends upon legislative enactment to get down to details. We will again try to explain to you exactly why we 've used each one of these new phrases and what our intention w11l be. But. no, it's not -- lt's not our intent to spell out in the Constitution what a quality public education involves. 11 STATE OF ILLINOIS 1 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day Aprll 2l, 1992

PRESIDENT ROCK

Further discussion? Senator Macdonald.

SENATOR MACDONALD

Thank you, Mr. President. Is there a copy of the amendment on our desks? Is this -- this is the amendment? If I may address the sponsor: I would only say that as a member of the Constitutional Convention, I think that I would only advise that this is very, very strong language. And it is language that I think is probably not appropriate for our Constitution. I think E that it goes far too far. I remember hours and hours of I discussion on the education article, and particularly on the word - as Senator Rigney talked about - ''paramounty'' ''guarantees'' - a11 of those words. We discussed each of those descriptions at that convention for a veryy very long time. I thlnk that we should all very carefully consider the language that is being offered here today, and try to envision what it could, in the future, be. Perhaps the article, as it stands today, maybe is not clear enough; but in my opinion, this partlcular amendment goes far too far.

PRESIDENT ROCK

Further discussion? Senator Collins.

SENATOR COLLINS

A question of the sponsor.

PRESIDENT ROCK

Sponsor indicates he Will yield, Senator Collins.

SENATOR COLLINS

Senator, I have two concerns here, and I -- and I -- I respect your decision to develop an argument here to -- to show intent. But I do have some concerns when you take out the word ''shall'' and - - and put in words like 'Iparamount duty.'' I don't know what that j really means. And I really don't know how the last sentence that l ''The State has the preponderanto..responsibility' -- I mean, I 12 STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT ! 93rd Legislative Day .... - ..April 2l, 1992 ''financial responsibilitygf' when it says 'Iprimary responsibility.'' i What's the difference between those tWo words? And -- and hoW I does that put any more teeth into what already exists today? I'm a little concerned about that, and -- because I -- I -- I know your intent here is to - hopefully, to qive -- put more teeth into the Constitution, so that there eould, in fact, be some I measurement by which one could -- could -- could enforce the 1aw to insure or guarantee that every chlld in this State have equal opportunity to a quality education. I understand the intenty but I'm a little worried about some of the changes in these words - and what you -- you seem to think they represent - over what we have today.

PRESIDENT ROCK

Senator Berman.

SENATOR BERMAN

Well, Senator Collins, 1et me assure you this: It is the sponsors' intent to put lanquage in that has teeth. The Supreme Court has said that the sentence that says 'IThe State has the primary responsibility for financing the system of . public education,'' does not have teeth. It is our intent - and we will spell it out in -- both in material that you can read in the next two days and in debate - to show why it is our intention and in support by other court cases that language that we have suggested here does -- will, in fact, have teeth. What we have now doesn't have any.

PRESIDENT ROCK

Senator Collins.

SENATOR COLLINS

Will there be an opportunity, Senator Berman, to discuss? Because here in that last sentence, there 's only difference between words - ''primary'' and ''preponderant.'' And I'm -- I'm # you know, I'm trying to figure out what is really the real difference 1 13 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day ' .. April 21:.1992 ! between those two words, if you wanted to talk about some kind of legal remedies or some measurements here. There's really nothing to qo on, unless youdre going to give ''preponderant'' some kind of definition that indicates clearly the State will: in fact, assume primary responsibility for the education of our children. And -- and I don't see that here. I still don't see the difference between those two words.

PRESIDENT ROCK

Further discussion? Senator Maitland.

SENATOR MAITLAND

Thank you very much, Mr. President and Members of the Senate. We apologize for the lateness and -- and -- and attempting to rush this through; as -- I think already has been explained, we have a definite time schedule that we have to work within on this. And - - and the language that's been put together is language thatz if you choose to put on today, will be debated later, after we have a chance to explain in detail Why the language has become what it is in the document before you today. In our view, the language in the new Article X .says exactly what every one of you in this Chamber have been saying for years. And it simply spells it out a bit more specifically. We ask that you allow the amendment to go on today; give us a chance to meet with our individual caucuses and explain the reason that we're doing this. Because this al1 fits together as part of a very sophisticated package in the Task Force on School Finance. And I urge: therefore, your approval of the amendment this afternoon.

PRESIDENT ROCK

Further discussion? Senator Demuzio.

SENATOR DEMUZIO

Well, thank you, Mr. President. Iz too, have some concerns. We're discussing the word ''preponderant'' and the words ''primary.'' And: Senator Berman, New Heritage Dictkonary here says that the -- I 14 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legkslatkve Day April.21y 1992 in terms of ''preponderant'' as having superior power, force or importancey and ''primary'' saying being or standing first in line, series or sequence, et cetera, and so forth. Why don't we -- if we're golng to do make any speclfie changes with respect to this wording, why don't we just put a numerical number in there and say fifty-one percent, and take -- take away the preponderance. and take away the primary responsibility. You know, wefre just shifting the debate here it seems to me - from from one sentenee and statement to to another. And if we numerically have some subscription to what we are saying, then it seems to me that is easier to explain than these words that I just read out of the dictionary.

PRESIDENT ROCK

Senator Berman.

SENATOR BERMAN

Well, Senator Demuzio, I don't have to go very far in refreshing your memory about how: when Senator Holmberg had a bill to mandate fifty-one percent - and I think that was the -- the percentage to be -- of 'education to be funded by the State. The debate Was long, argumentative, tedious, and many other adjectives. Fifty-one percent of what? Al1 right. And -- well, what -- what I'm saying to you is# that when we -- and I -- I don't mean to -- to belabor today, but let me assure you that you will have material tomorrow that Will show exactly what We mean and -- regarding ''preponderant,'' and ''primaryy'' and Hparamounty'' and these other key words, because they in the opinion, not of myselfy or Senator Maitland, but of -- of people that have labored in this area in the courts throughout the country have determined that this is a better approach than to just plug in a percentage. And it will be a better approach to the needs of the children that will rely upon State money, more so than others. So we -- I think we are both in agreement, and I will attempt to 15 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day .-..April 21, 1992 explain to you why we dve used these -- these words, rather than a percentage.

PRESIDENT ROCK

Purther discussion? Senator Schuneman. Oh, I'm sorry. Senator Demuzio. Senator Demuzio.

SENATOR DEMUZIO

I just had another short question. And that is that I think most of us fear the word ''shall'' being stricken from the the language, because I think a lot -- to suggest that ''to provide'' a thorough, rather than ''shall providez'' it seems to me that we lessen - at least on its face, it seems to me - that We lessen our moral responsibility to provide for the -- for the education of our -- of our children with -- With the primary support coming from -- from -- from the State of Illinois. And - - I have real serious concerns about that. Ilm not asking you for an answer: but I -- I just Want to point that out to you.

PRESIDENT ROCK

Further discussion? Senator Schuneman.

SENATOR SCHUNEMAN

Thank you, Mr. President. It appears to me that -- that this Constitutional Amendment -- in spite of all the important things we may be called upon to do here this year, this may be the most important, because it deals with fundamental policy of the State of Illinois. I have a couple of questions of the sponsor. And as I understand it, Wedre debating adoption of the amendment at this time - is that correct?

PRESIDENT ROCK

That is correct.

SENATOR SCHUNEMAN

First of all, the -- the proposed amendment changes the word ''goal'' to ''fundamental right.f' And it seems to me that that creates a Constitutional entitlement, whkch would be much easier 16 STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day . . April 21, 1992 I to enforce through the court system than our present 1 ! i Constitutional provision, Which merely establishes a goal. Do you agree with that, Senator? PRESIDENT ROCK: Senator Berman. SENATOR BERMAN: Yes. PRESIDENT ROCK: Senator Schuneman. SENATOR SCHUNEMAN: Would -- would that not then place upon this General Assembly -- more likely to be placed upon the General Assembly, a court order ordering us to correct the situation? PRESIDENT ROCK: Senator Berman. SENATOR BERMAN: Hopefully, not. As you are well aware, there is a court suit pending now. And my position regarding that suit is that it's our job - the General Assembly and the Governor - to take care of our responsibility for education - not some judge. And that's why We are addressing this now in the General Assembly. Hopefully, full debate and approval, and not just leave it up to judges whog for the most part, are probably less familiar with the intricacies of school funding than any Member on the Floor here. PRESIDENT ROCK: Senator Schuneman. SENATOR SCHUNEMAN: Well, I appreciate that; hoWever, I think the people who are sponsoring that lawsuit probably are looking for exactly the outcome that this proposes, with one exception, and that is that this does not tell us hoW to solve the problem. And -- and I think it's -- it's unwritten: but understood, certainly, by every 17 I L- -- - STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 2ly 1992 Member of the Legislature, that the way the problem has to be solved is to come up with more money. And that is unaddressed here. I -- I guess the -- the other concern I had, Senator, and maybe you've already discussed it# but this, I think, is the bill that went out of Executive Committee last week and -- as a shell bill without any kind of a hearing, and really don't think that's a very good process. Why -- have We -- this -- this language doesnît appear to be anything that has been developed by - - that Would take any great brain power to put together, and could have been done just as well six months ago, as it was six days ago. You know, why -- why was this presented in such a way that We not have any hearings? I see -- I see that I've offended a couple of my friends, and I don't mean that. My point Was that - - that I think that these ideas have been kicking around forever, and the idea that we not have hearings here seems kind of a strange way to proceed. Could you respond to that?

PRESIDENT ROCK

Senator Berman.

SENATOR BERMAN

Senator Schuneman, the -- the hearing that you're referring to Was not last week - time flies When we're having fun - it was two weeks ago . And I want to assure you that I -- that neither your seatmate nor who are the co-sponsors on this resolution, had this language two weeks ago. The amount of time, talent and I don't mean Maitland and Berman; I mean substantial talent from education minds, legal minds, a 1ot of hours - hundreds and hundreds of hours - were put into this language. We didn't have two weeks ago. That's why you didnlt see it in committee. If I had it two weeks ago, you would have seen it in committee.

PRESIDENT ROCK

Further discussion? Senator Karpiel.

SENATOR KARPIEL

18 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day ' ' 'April 21, 1992 Well, thank you, Mr. President. I really Was going to say most of the things that Senator Schuneman has already referred to. Except let me also add that, as a member of the Task Force from which this is a11 coming, I do have a problem With it not having hearings, neither in the Task Force nor in the Executive Committeez and finding that some of this language is -- is - to me, anyway - highly controversial. And as was stated, I think i i this is a very, very important piece of legislation that We're -- that wefre going to be working on this Session, and to pass it this quickly - although I understand the reasons for it - I think is -- is unfortunate that we're doing so. I really liked Senator Schuneman's comment about with - what was it? - no thought given to it. I Would like to say there are about five -- five or more attorneys that were drafting the language in this. And I guess they qave a little thought to it, although I disagree With them. I quess what I'm saying is, we should put this amendment on, because I know the -- the time limit that's -- that's involved here, but I think we should have full debate on this, with some more information given us as to the reasons why we're using some of this lanquage, on 3rd Reading.

PRESIDENT ROCK

Any further discussion? Senator Berman, you wish to close? All right. Senator Berman's moved the adoption of Amendment No. 1 to Senate Joint Resolution Constitutional Amendment 130. Eurther discussion? If not, al1 in favor of the adoption of the amendment, indicate by saying Aye. A1l opposed. The Ayes have it. The amendment's adopted. Madam Secretary, in order to comply with the Constitutional requirements, it now must be read in full on the -- for the first time. Please read the Senate joint resolution, as amended.

Linda Hawker

(secretary reads SJRCA 130, as amended) 19 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . 93rd Leqislative Day April 21# 1992 PRESIDENT ROCK 1 : j A11 right. It will be moved to the Order of 2nd Reading. Any further business to come before the Senate? Senator Watson. Senator Watson. SENATOR WATSON: Yes. Thank you y Mr. President. Just a procedural question, sir. Are we now going to hear the rest of the Constitutional Amendments in order, as they are on the Calendar? PRESIDENT ROCK: If the sponsor requests, we *il1 certainly -- Wedre on that order of business, if you request that yours be read, they will certainly be read. SENATOR WATSON : Otherwise it wtll -- it will not be heard, is that -- time will run out - is that correct? PRESIDENT ROCK: Well, there's tomorrow, and then Thursday, and -- you know. SENATOR WATSON: So tomorrow, the 2nd Reading; 3rdvReading, we vote on it. PRESIDENT ROCK: If the sponsor wishes, yes. SENATOR WATSON: Okay. Well, I certainly do wish to do soy yes. PRESIDENT ROCK: All right. Senator Macdonald, you Wish yours read also? Al1 right. Al1 right. Wedre on the Order of Constitutional Amendmentsz 1st Reading. SJR 15, Madam Secretary. Read -- read the amendment, please. SECRETARY HAWKER: Senate Joint Resolution Constitutional Amendment l5. (Secretary reads SJRCA l5) PRESIDING OFFICER: (SENATOR DEMUZIO) 20 I STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21, 1992 Any amendments? I

Linda Hawker

No amendments are on file. j I

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. 3rd Reading. A11 right. 2nd Reading. I1m sorry. i 2nd Reading. Senate -- Senate Joint Resolution l8. Senator Watson, you wish ko have that one read? All right. Senate -- Senate Joint Resolution l8, Madam Secretary.

Linda Hawker

Senate Joint Resolution Constitutional Amendment l8. (Secretary reads SJRCA l8)

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments from the Floor?

Linda Hawker

No amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 2nd Reading. A11 right. Senate Joint Resolution 89 -- excuse me just a moment. Senator Dudycz: for what purpose do you arise?

SENATOR DUDYCZ

Point of personal privilege, Mr. President.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) State your point.

SENATOR DUDYCZ

Thank you, Mr. President. In the gallery behind us upstairs are a group of senior citizens from my district - a young group of senior citizens - and I'd just like to have them Welcomed to this -- Springfield.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 0ur guests will please rise and be welcomed by the Senate. Welcome to Springfield. Senator Watson, what is your pleasure? Read it on Saturday? Senator Watson. SENATOR WATSON: ! 21 x - . STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21, 1992 No, thank you. I'd like for it to be read into the record now, please. Thank you.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Oh. All right. Senate Joint Resolution 89, Madam Secretary.

Linda Hawker

Senate Joint Resolution Constltutional Amendment 89. (Secretary reads SJRCA 89)

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Any amendments?

Linda Hawker

No amendments.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) 2nd Reading. WICS-TV has requested permission to videotape. Is leave granted? Leave is granted. Senate Joint Resolution 131. Senator Berman. A1l right. All right. With leave of the Body, we dll go to the Order of Resolutions. Madam Secretary, Resolutions.

Linda Hawker

Senate Resolution 1173 offered by Senator Topinka. Senate Resolutions 1174 through 1180 offered by Senator Topinka. They're all substantive -- pardon me, theyfre al1 congratulatory.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Consent Calendar.

Linda Hawker

Senate Joint Resolution l47 offered by Senator Topinka. And Senate Joint Resolution l48 offered by Senator Woodyard. They are both substantive.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Rules. Senator Senator Jones, for what purpose do you arise?

SENATOR JONES

22 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 21, 1992 Thank you, Mr. President. Just an announcement that the Insurance, Pensions and Licensed Activities Committee will meet shortly after adjournment.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) We are getting ready to -- to adjourn. Senator Collins, for What purpose do you arise? Senator Collins.

SENATOR COLLINS

Point of personal privilege.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) State your point.

SENATOR COLLINS

Today we have the honor of a group of trustees and mayor from - - acting mayor of the Village of Maywood in the gallery, visiting and observing the operation of the Senate today. And I would just like for them to be -- to stand and be recognized by the Senate.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Will our guests in the gallery please rise and be recognized.

SENATOR COLLINS

Bellwood.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Thank you. A11 right. Senator O 'Daniel, for what purpose do you arise?

SENATOR O 'DANIEL

For purpose of an announcement. In the morning, the Senate Agriculture and Conservation Commlttee will meet in Room 400 at 9:00 a.m . I would appreciate if everyone would be there. There 's another meeting there at 10:00. And alsoy President 'IFisherman'' Roek has a bill in our eommittee, so let's all try to be there at 9:00 and we can get out in time for the other committee.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. A minute ago I just -- on Senate Joint Resolutions 23 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legkslative Day April 2l, 1992 147 and l48 -- they were substantive; and they were assigned to Committee on Rules; they should be assigned to the Committee on Executive. Senator Carroll, for what purpose do you arise?

SENATOR CARROLL

Thank you, Mr. President, Ladies and Gentlemen of the Senate. By way of an announcement, just a reminder: The Appropriations I Committee will be meeting at 1:30 in Room 212. It -- We hope that the meeting will take about an hour or less. And then to move up the time of the Advisory Panel on Pharmaceutical Assistance. is shown on the Calendar at four o'clock, we will begin that meeting as soon as the Appropriations Committee is over, which we hope to be about 2:30.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Smith, for what purpose do you arise?

SENATOR SMITH

Thank you, Mr. President. For the privilege of a an announcement. There will be a joint meeting of the Senate Public Health, Welfare and Corrections Meeting and the House Health Care Meetin: on Wednesday, which is tomorrow, April 22nd, from 10:00 aom. to 12:00 p .m. in Room 212. The purpose of the hearing is to solicit testimony on Senate Bill 1495 and House Bill 2774 the Illinois Universal Hea1th Care Plan. This is the only time that testimony will be taken on these bills. A vote Will be taken on them at a later date. Mr. William Roberts, a member of the Canadian Parliament, will be providing testimony. Your presence is requested, and I know that youdll enjoy the meeting. Thank you.

PRESIDING OFFICER (SENATOR DEMUZIO)

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator Rock has asked that it be announced Senator Rock and Senator Philip - that there will be a Rules Committee meeting tomorrow in Senator Rock's Office at ten o 'clock. Ten olclock tomorrow morning is Rules. And youîre asked 24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 93rd Legislative Day April 2l, 1992 to work With your respective sub-committee member on your side of the aisle. Is there any further business to come before the Senate? If not, Senator Vadalabene moves that the Senate stands adjourned till tomorrow at the hour of noon. Senate stands ! adjourned. I 25 i L. ..... . -. ----. I REPORT: TIFLDAY SYATE OF ILLINOIS 93/0*/20 PAGE: 00l 8;TH GEQERAL ASSEHBLY 09::6:52 SENAFE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 2l. 1992 S=-1#36 è10T10N SB-158# tq0TIOi4 SJ-1771 MOTION 51-1798 TABLED 5R- 1156 RESOLUTION OFFEREO SR-1l$T R6SOLUTION OFFERED ;R-1158 RESOLUTION OFFEREO SR-1159 RESOLUTIDt# OFFERED SR-k160 RESOLUTIOIt OFFERED SR-tlô1 RESOLUTIO;C OFFERED SR-11&2 RESOLUTIOR OFFEREO SR-11û3 RESOLUTION OFFERED SR-116# RESOLUTION OFFERED SR-ï165 RESOLUTION OFFERED 3R-k1öâ RESOLUTION OFFERED SR-1167 RESOLUTION OFFERED SR-1168 RESOLUTION OFFERED SR-t1â9 RESOLUTION OFFEREO SR-117D RESOLUTICN OFFERED SR-117t RESOLUTIDN OFFERED SR-1172 RESOLUTION OFFERED SR-1173 RESOLUTIOR OFFERED SR-l17# RëSOLUTION OFFERED SR- ttY5 RESOLUYION OFFERED SR-1k7& RESOLUTION OFFEQED SR-1t77 RESOLUTION OFFEREO SR- :178 RESOLUTION OFFERED SR- t179 RESOLUTION OFFERED SR- t1:0 RESOLUTION DFFERED HJR-u39& RESOLUTION OFFERED :JR-0O15 FIRST READING SJR-0018 FIRST REAOING SJR-0089 FIRST REAOING SJR-013O FIRST READING SJR-01#6 RESOEUTION OFFERED 3JR-0ï#7 RESOLUTION OFFERED SJR-Dlï8 RESOLUTIOR OFFERED SU'4JECT IqATTER SENATE T0 0RD6R PRESIDENT ROCK PAGE t PRAYER - THE REVEREND RUDOLPH SHOULTZ PAGE t JOURNALS - POSTPONED PAGE 1. i%ESSAGE FROZ THf HOUSE PAGE 1 COMfIITTEE REPORT PAGE 2 ADJOURNI4ENT PAGE 25