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. Prayer this afternoon by the Reverend Jeff Blevins, Western Oaks Baptist Churchy Springfield, Illinois. Reverend.
(Prayer by the Reverend Jeff Blevins)
Thank you, Reverend. Reading of the Journal, Madam Secretary. Senator Hall.
Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. I move that reading and approval of the Journals of Thursday, April 23rd2 Tuesday, April 28th: and Wednesday, April 29th, in the year 1992, be postponedy pending arrival of the printed Journals.
You've heard the motion as placed by Senator Hall. Is there any discussion? not, a1l in favor, lndicate by saying Aye. Al1 opposed. The Ayes have it. The motion carries, and it is so ordered. Committee Reports.
Please be advised that effective today, Aprll 30, 1992, Senator Jan Joyce will serve on the following Senate standing committees: Energy and Envlronment - Vice Chairman; Agriculkure and Conservation; Elections and Reapportionment; Executive; Finance and Credit Regulations; and the Committee on Committees. Thank you for your attention to this matter. Signed by -- by Senator Vadalabene, Chairman of the Committee on Committees. Senator Marovitz, Chairman of the Committee on Executive, STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 reports Senate Bills numbered 1541, 1564, 1565, 1600, 1605, 1740, 1747, 1770, 1897, 1937, 2108, 2127, 2140, 2166, 2192, 2204 and 2225 Do Pass; and Senate Bills numbered 1620: 1700, 1773, 1984 and 2161 Do Pass, as Amended. Senator Jones, Chairman of the Committee on Insurance, Pensions and Licensed Activities, reports Senate Bills numbered 1468: 1486, 1521, 1546, 1638, 1650, 1661, 1808, 1815, 1901, 1941, 2119, 2125 and 2197 Do Pass; and Senate Bills numbered 1516, 1533, 1771, 1803, 1807, 1909, 1912, 1922, 1923, 2056 and 2153 Do Pass, as Amended. Senator J.E. Joyce, Chairman of the Committee on Judiciary II, reports Senate Bills numbered 1499: 1555, 1693 and 2165 Do Pass; and Senate Bills numbered 1964 and 2114 Do Pass, as Amended. Senator Reaz Chairman of the Committee on Labor, reports Senate Bills numbered 1590, 1657, 1787: 1788, 1907, 1986 and 2057 ! Do Pass; Senate Bill 1722 Do Pass, as Amended; and Senate Bills i ! numbered 1481 and 1692 <sic> (1672) Do Not Pass. ' i Senator Cullerton, Chairman of the Committee on Local I Government, reports Senate Bills numbered 1606, 1625, 1628, 1635, 1679, 1684, 1828, 1830, 1831, 1858, 1862, 1927, 1971, 2049, 2053, 2090, 2091, 2092, 2093, 2097, 2098, 2099, 2105 <sic> (2101) and I 2205 Do Pass; Senate Bills numbered 1731, 1776, 2139 and 2147 Do Passz as Amended; and Senate Bill 1558 Do Not Pass. Senator Severns: Chairman of the Committee on State Government Organization and Administration, reports Senate Bills numbered 1667, 1794, 1806, 1860, 1911, 1945, 1983, 2128, 2131 and 2162 Do Pass; and Senate Bills numbered 1677, 1783, 1908, 1934, 2066, 2087 and 2151 Do Pass, as Amended. : Senator Luft, Chairman of the Committee on Revenue, reports I Senate Bills numbered 1526, 1557, 1641: 1665, 1796: 1925, 1935, I j I 1956, 1976, 1977, 2100, 2120, 2135, 2183 and 2229 Do Pass; and ! Senate Bills numbered 1474, 1490, 1649, 1951, 2048, 2051 and 2156 j 2 - . . STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 Do Pass, as Amended. Senator Alexander, Chairman of the Committee on Elections and Reapportionment, reports Senate Bills numbered 1636, 1713 and 1992 Do Pass. PRESIDENT ROCK: Message -- Message from the Comptroller. SECRETARY HAWKER: Pursuant to Public Act 87-748, I have nominated and -- and -- nominated the following named persons to the State Mandates Board of Review, and respectfully ask concurrence in the confirmation of this appointment by your honorable Body. Dawn Clark Netsch, Comptroller. PRESIDENT ROCK: Committee on Executive Appointments. Resolutions. SECRETARY HAWKER: Senate Resolution 1209 offered by Senator Marovitz. Senate Resolution 1210 offered by Senator Luft. And Senate Resolution 1211 offered by Senator Luft. They are all congratulatory. PRESIDENT ROCK: Consent Calendar. Senator Geo-Karis, for what purpose do you arise? SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, on -- on two points of personal privilege. First point: I'd like to introduce to this astute Assembly, Connie Lovinger, a very respected real estate broker from Lake County, Illinois, in my district; also, Steve Wittmer: her associate. Theylre sitting in the President's Gallery upstairs. like you to help me welcome them. That's my first point. PRESIDENT ROCK: Will our guests please stand and be recognized. Welcome to . -& STATE OF ILLINOIS 87th GENEM L ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30 p 1992 Springf ield .
My second point is: I 'd like to welcome the newly appointed Senator, Jan Joyce, to grace this auspicious House. I'm glad to see We have seven women instead of six. NoW they -- they outdo us on the Republican side , but I 'd like to extend my welcome and say I hope that you will fight for gasohol and alcohol fuels as hard as your husband did, because I 'm all for them . Welcome .
Senator Joyce , welcome . Senator Demuzio , for what purpose do you arise? SENATOR DEMUZ10 : Well , thank you, Mr . President. I know Senator Geo-Karis was so envious of the fact that we noW have another woman Senator on this side of the aisle , that she has taken great pride in that . Hopefully , we '11 have some more women Senators on the other side of the aisle , perhaps , before too long. But I would also like to recognize that we have lost a J .J . Joyce # and we are gaining a J .J . Joyce . So welcome to the Senate . It 's rather hlstoric . I think , Senator Smith, as I recall correctly , succeeded her husband , Fred . I don 't know of any others . So welcome J .J . Joyce to the Illlnois Senate .
Senator Joyce, welcome . Senator Ralph Dunn, for what purpose do you arise, sir?
Thank you, Mr . President . A matter of personal privileqe . I 'd like to introduce to this Body my daughter, Catherine Sunnquist, and five ladies who are With them. They are a11 speech correctionists , so watch your language . I 'd like for them to rise . They 're in the President Is Gallery .
4 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 Will our guests please rise and be recognized. Welcome to Springfield. Senator Geo-Karis, for what purpose do you arise?
On another point of personal privilege. Mr. President, Ladies and Gentlemen of the Senate, I'm delighted to welcome to this lovely House a number of my new constituents from Libertyvllle, and they 're a1l up there with Dotty Watson, their program chairman. They're are affiliated -- they usually meet at the Presbyterian Church. And I'm just delighted to have them join us today, and welcome. Please help me welcome them .
Will our guests please stand and be recognized . Welcome to Springfield. Is there anybody left in Lake County, Geo? Chair will recognize Senator Janet Joyce.
Thank you. I rise on a personal privilege. I would like to recognize some friends of ours that came down for my swearing in last night - Pat and Madeline O'Brien of Manteno. They're in the visitors' gallery.
Will our guests please stand and be recognized. Welcome. Senator Berman. Senator Brookins, would you mind affording Senator Berman access? Can We take the conferences off the Floor? Staff, please. Thank you. Thank you.
Thank yous Mr. President. Ladies and Gentlemen of the Senate, on behalf of Senators Carroll, Marovitz and myself, we Wanted to take a moment, as we have done each year for a number of years, to call attention this day to the Holocaust Memorial recognition. We have distrlbuted on the desk of each one of you -- we have distributed on the desk of each one of you the program that was available to us at eleven o 'clock this morning, and I recognize 5 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 that the very heavy committee schedule prevented most of you from attending. I do want to acknowledge the presence of Senator Rock ( and Senator DeAngells at the commemoration ceremony. For those of I us who live in this country, it's beyond our comprehension to think of What happened through the systematic, legally authorized extermination of six million Jewsz including a million and a half children. In addition to those six million Jews , there were six million non-lews who perished as a result of Nazi atrocities . Let me give you a little idea of numbers. When we talk about six million, I 'm not sure any of us can picture what that is . But I know how deep each one of us feels When one of our loved ones passes away . My wife and I z a few weeks ago, had the privilege of visiting Israel again , and we went through what is called Yad Vashen, the memoria1 to the Holocaust, and there is a small museum that has been erected there . The artist who did this took five candles and constructed in this small housing mirrors that the reflection of those five candles generated six million reflections of those candles. And when you looked at that you got a slight feeling of the numbers. Let me take just another moment and read to you statistics: which does a great disservice to what we 're talking about. But what I'm about to read to you is the -- Jewish population in European countries in 1939 and 1945 . The Balkans - 1939 , nine hundred and ninety-nine thousand Jews; 1945 , five hundred thousand Jews. Czechoslovakia - three hundred and fifteen thousand Jews down to fortymfour thousand. Germany - two hundred and forty thousand down to eighty thousand . Poland - three million three hundred and fifty thousand in 1939; in 1945# fifty thousand . Austria - sixty thousand down to seven thousand . France - two hundred and seventy thousand down to two hundred thousand . Yugoslavia - seventy-five thousand down to twelve thousand . Belgium - ninety thousand down to forty thousand . Greece - seventy-four thousand down to twelve thousand . The 6 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, l992 Netherlands - from a hundred and forty thousand down to twenty thousand. Romania - eight hundred thousand dcwn to four hundred and thirty thousand . And USSR - from three million twenty thousand to two million six hundred thousand . Italy fifty thousand down to thirty-three thousand. Luxembourg - three thousand to one thousand. Norway - two thousand to one thousand. Those are only numbers y Ladies and Gentlemen . But I invite you # please take this program . And I invite you all to turn to the back page of this program and read with me the inscription on the walls of a cellar in Cologne , Germany , where Jews hid from the Nazis . ''I believe in the sun, even when it is not shinin:. I believe in love , when feeling it not. I believe in God , even when he is silent .'' Thank you g Mr. President.
Ladies and Gentlemeny if I can turn your attention to page 11 on the Calendar# the next and the only order of business will be the consideration of the Constitutional M endments . They will be read a third time , and then will be debated and dealt with . Senator Brookins, for what purpose do you arise?
Mr. President, I rise on a point of personal privilege.
State your point .
I had the occasion - me and some of my colleagues - to visit Israel two years ago . And we visited the museum that Senator Berman just alluded to. And we can sympathize, and know that it was a tragedy , and something that we, as M lericans , should never allow to happen again anywhere in the world . And therefore , I know that I Would be remiss , along with my community z if not 7 ( STATE oF ILLINOIS i 87th GENERAL ASSEMBLY , REGULAR sEsszox ' SEXATE TRhNscRlpT ! 98th Legislative Day April 30: 1992 reaching out and protecting of this type of thing and preventing it from ever happening again. But also I know that the way that that happened and the way that that started is because of incidents which we just saw on TV, over and over and over again. And We, as Americans, and especially from the State of Illinois, need to say and look at What has -- that tragedy that happened in California and never allow that to happen here in Illinois. I think it's alright thinking Americans and law-abiding citizens that it is truly a wrong, and a wron: that has been perpetrated and should have some type of corrections. And I'd like to thank you, Mr. President, for the opportunity to say them few words. PRESIDENT ROCK: Senator Geo-Karis, for what purpose do you arise? SENATOR GEO-KARIS: Mr. President and -- and Ladies and Gentlemen of the Senate, a point of personal privilege. I regret that I was not able to attend the Holocaust ceremonies. Unfortunately, I had a bill and I did not get out of committee until almost 11:30. But I certainly commend Senator Berman and his associates for putting on a very fine remembrance of a very horrible situation that happened, and hopefully it'll never happen again. On another matter, Mr. President: After you read your amendments for the third timer we dre calling for a Republican Caucus immediately, before any vote is taken on those amendments. Republican Caucus after the reading of those amendments, before any vote is taken. PRESIDENT ROCK: Well, I think the appropriate time would be to have the caucus now, and then we 'll come out and read them and argue them. SENATOR GEO-KARIS: All right. Can we have our... I ! PRESIDENT ROCK: ! Yes # that request is, as always, in order. A11 right. Ladies i 8 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 and Gentlemen, there will be a Republican Caucus immediately in ! Senator Phillp's Office. The Senate Will stand in recess until : ! the hour of 1:45. 1:45, -- Senator Philip: for what purpose do you arise, sir?
Thank you: Mr. President. I -- I have, on good authority, the fact that Virginia and Alan Macdonald have been married fifty-one years today. Anybody who can be happily married for fifty-one years, God bless you - a long life. He's a wonderful guy and youdre a great lady.
Senator Macdonald, congratulations. Senator -- Senator Macdonald.
Thank you, Mr. President and Mr. Minority Leader. I want to bring you greetings from the bridegroom; he wishes that he could be here with us today. He thought I possibly was going to be able to be home this afternoon, but because of the Judiciary Committee, that won't be possible. So one more year, among our fifty-one, we are going to be spending our anniversary separately, but together. Thank you.
Congratulations, Senator Macdonald. A11 right. Ladies and Gentlemen, there'll be a Republican Caucus in Senator Philip ls Office immediately. And the Senate will stand in recess until the hour of 1:45: at Which time, we will go immediately to the Order of Constitutional Amendments 3rd Reading. Senate stands in recess . (RECESS) 9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day Aprll 30y 1992 (SENATE RECONVENES)
PRESIDING OPFICER: (SENATOR DEMUZIO) ... tmachine cutoffl...hour of 2:45 -- 1:45 having arrived, the Senate will come to order. Resolutions. SECRETARY HAWKER: ' Senate Resalution 1212, 1213 and 1214 offered by Senator Topinka. They're all congratulatory.
PRESIDING OFFICER: (SENATOR DEMUZIO) Consent Calendar. Senator Schaffer, for what purpose do you arise?
Mr....
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Schaffer.
Hello. Mr. President, I have a Senate Joint Resolutiony Which I had talked to the Chalr about, it's a congratulatory joint resolution, and would like to waive the appropriate rules and move it immediately to 9et it over to the House.
PRESIDING OFFICER: (SENATOR DEMUZIO) What's the number?
151, I believe. Secretaryz correct me if I'm Wrong.
PRESIDING OFFICER: (SENATOR DEMDZIO) Have we read it in? Has it been read in? A11 right. Youdve -- you've heard -- youlve heard the request of Senator Schaffer. i Senate Joint Resolution 151, Whieh is congratulatory, which Was -- I has already been -- has been read in, with leave of the Bodyy Senator Schaffer wishes to expedite its passage. So Senate Joint 10 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 Resolution 151, Senator Schaffer indicates it's congratulatory. A1l in favor of the adoption of Senate Joint Resolution l5l Will I indicate by saying Aye. Opposed, Nay. The Ayes have it. Senate Joint Resolutlon 151 is adopted. WCIA-TV has requested permission to videotape. Is leave granted? Leave is granted. On page ll, Constitutional Amendments 3rd Reading, is House Joint Resolution 28. Senator Leverenz, are you ready? House Joint Resolution 28, Madam Secretary.
House Joint Resolution Constitutional Amendment No. 28. (Secretary reads HJRCA No. 28) 3rd Reading of the resolution.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.
Thank you, Mr. President. The Constitutional Amendment that is before us is, of course, on victimsl rlghts. They have all been read. I Would encourage al1 of us to to vote for this proposition so that it would be on the ballot in the fall. I'm sure that everyone here believes that victims should be treated with fairness and respect throughout the entire criminal justice process; to be able to communicate with the prosecution; to receive notices of pending court action; to actually attend the court proceedings open to the accused; and receive information concerning the disposition of the case and release of the accused. We would then be the seventh state to have this in the Constitution, and would put a victim on the same standing as the person accused. Answer any questions that you might have. This has passed the House, of course, with a ll7 affirmative votese 0 votin: No. I would really appreciate the same roll call here in the Senate.
PRESIDING OFFICER: (SENATOR DEMUZIO) 11 STATE OF ILLINOIS ! 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 A11 right. Question -- Senator Hawkinson.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield, Senator Hawkinson. SENATOR HAWKINSON: ! Senatory many of these important rights are already part of our Statutes, but my question goes to page 2, subsection (b), which says, ''The General Assembly may provide by laW for the enforcement of this Section.l' And my question is, why do you have the word ''may'' instead of the word ''shallt'?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.
I believe, in my personal view also, that it is better to do it permissively rather than to mandate by using the word ''shall.'' That leaves us draft anything that you or I or anyone else in either Chamber deem appropriate.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Senator Hawklnson.
Is the intent of the amendment that the General Assembly have tbe -- the power, then, to provide for an enforcement mechanism rather than some method of direct access to judicial enforcement of this amendment?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.
It would be that the General Assembly, then, Would be able to provide for the enforcement, and look for your personal wisdom in crafting that. 12 STATE OF ILLINOIS 1 87th GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Senator Davidson.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yieldp Senator Davidson.
Well, which was just alleged that -- and I knok part of it is correctz that we already have most of these points that are in this Constitutional Amendment already in State Statutes in existence. What is the necessity of this bill at this time -- or this Constitutional Amendment, excuse me?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.
In some cases, the Statutes - I personally believe - have been disregarded. The fact of the matter is, the victims in your district are no different than the victims ln my district. And you and I know that many people point to the proteetions that are embodied in the Constitution - even though they may be in 1aw in the Statute - being put on an equal plane with that of the accused having protections in the Constitution. Rights of the victim are silent in the Constitution. And I would hope that you would agree with me and a number of others that they should be, in fact, in the Constitution.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Davidson.
Well, sounds more rhetoric than fact. Question I want to know - is this an exercise in futllity? The fact that it's already State Statute; it's already enforced. And I know some of them are there, because two of them I passed, which 1et Illinois 13 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 participate in the federal funds available for crime victims in Tllinois. Person who 's in another state, and they didn 't have such an opportunity. But to me this looks like an exercise in futility. And that cost -- 'cause itfs going to cost eight hundred thousand dollars to put this amendment on the ballot if it passes. This is a cost that, at this fiscal crisis we have, I think mlght be a duplication of what we already have in Statutes. What 's in the Statutes there, youlre not golng to change one way or the other and you're certainly not going to repeal any of it. ! At least the -- the feel I hear of the people in this Chamber that theyfre not going to repeal anything that helps protect the victims' rights.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Macdonald. SENATOR MACDONALD: I i Thank you, Mr. President. A question for the sponsorz please. I 1
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yleld, Senator Macdonald.
Just for the record, Senator Leverenz: In -- in Section 10 - or not Section 10, but item 10 - on the second page, where we have the right to restitution - and I certainly have no problem with that right - but can *e have a little further definition? And, if such a right is a constitutional right, if there are costs involved, who would -- who would pay the costs?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.
I would believe they would be fines or other forms of restitution. However, on page 2, that line that you referred to on line 3, says (10) The right of restitution. It goes on to say the General Assembly may provide by law... And in the next - (c) 14 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 The General Assembly may provide for an assessment against the convicted defendants to pay for crime vlctims' rights. These are things that -- first of all, we Want the actual boilerplate and protections of the victim to be put in the Constitution. How it I is implemented and how those fines or -- are put togethery or assessed, or how they are worded, would be part of the Statute and the enforcement, and it would be created by the Members here in this Chamber and the House. PRESIDING OFPICER: (SENATOR DEMUZIO) A1l right. Further discussion? Senator Geo-Karis. 1 SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, many of the items that have been set forth in this resolution are already in the law, but having a Constitutional Amendment I think would have far more teeth. The fact that in this one there's a right to notification of court proceedings - the victim should know - the right to communicate With the prosecution; the right to make a I statement to the -- to the court of sentenclng; and the right to timely disposition of the case following the arrest of the accused; and the right to be reasonably protected from the accused throughout the criminal justice process. Our Constitution of Illinois certainly sets out many rlghts for the aceused . It's high time that we supported the rights of the victims and stop . ' victimizing the victims, and I support this amendment. . j PRESTDTNG OFFTCER: (SENATOR DEMUZIO) Al1 rlght. Further discussion? Senator Welch. SENATOR WELCH: Had a question of the sponsor. PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield, Senator Welch. i SENATOR WELCH) ' In Section 8.1, the number (6), it says that the crime victims ! 15 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Leglslative Day April 30, 1992 shall have the following rights, and number (6) is ''The right to timely disposition of the case following the arrest of the accusedo'' Does that include the appeal process? If an individual would be convicted, and let's say it was a murder case, and his -- the deeeased's relatives, I guess, Would be victlms of that crime as well - would they be able to require that the death penalty be carried out within a certain time frame? Is this meant to apply to appeals or not?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.
I believe that it would not rush the entire process. believe that the individual's entire appeal rights are not addressed in here, or time frame of doing so is not addressed in here, in terms of rushing it or eliminating any of the rights of appeals of the accused - or in this case, a convicted person. So other than that, I don't know how to answer your question. And if I havenlt, ask again.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Welch.
Well, thought that it might be helpful to clarify this, in case it does become part of the Constitution. I would assume that what youdre talking about is just limiting this to the initial trial stage, if there is a a1l the way through a finding of -- of guilt or innocence. I -- I would assume that would be the intent. And at that point, the constitutional requirements would be fulfilled. Is that your intention?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz.
That is correct. 16 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Barkhausen.
Mr. President and Members, I don't think that an excessive amount of time should be taken on something that's going to probably pass overwhelmingly. But in light of some of the questions that have been ralsed, think that the thought ought to be pursued a little further as to whether what wedre doing here is entirely necessary, and whether - given the amount of money that it takes for the electorate to consider a Constitutional Amendment and to mail the information to them - whether in this situation we ought to be taking this step. As has been mentioned, we have by Statute not only extended the rights that would be purportedly afforded by this Constitutional Amendment, but in my opinion, we have gone beyond Listed in the amendment are ten would-be enumerated riqhts. There are already in -- in the Statute, in what is entitled the Bill of Rights for Victims and Witnesses of Violent Crime, Section 1404, there are some twenty-four enumerated rights. And in addition to those spelled out in that Section of our Statutes, We have separately provided a Crime Victims' Compensatlon Act, whlch provisions are administered by the Attorney General's Office, and we have also provided a right to restitution as a condition of probation or conditional discharge in certain cases. So not to for a moment stand athwart the enforcement of rights for the victims of crimes, but simply to suggest under the circumstances that a -- a proper vote on this for some of us may -- may be a Present vote, rather than an Aye vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? If not, Senator Leverenz may close.
Thank you, Mr. President. And personally appreciate the 17 ' STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 prior speaker's comments, except for the last. I would even ë encourage him to vote in the affirmative on this measure. We will be the seventh state to have this. I think the power of the Constitution goes without saying. It has more power and effect than anything that might be in State Statute. I believe that victims should also have a level playing field, just as -- as the accused has. And an attorney, especially, Would want probably to be able to point to this ln the Constitution, rather than a State Statute. I'd ask for your affirmative vote. I am very qrateful to be the Senate sponsor, as well as being joined by the other Members of the Chamber. I ask for your affirmative vote, and have this pass overwhelmingly, hopefully, to make it unanimous. PRESIDING OFFICER: (SENATOR DEMUZIO) The question is, shall House Joint Resolution Constitutional Amendment 28 be adopted and approved. Thcse in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wish? Have a11 voted Who Wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 49, the Nays are 1, -- I'm sorry, 4 voting Present. House Joint Resolution Constitutional -- Amendment 28, having received a three-fifths constitutional majority, is declared adopted and approved. House Joint Resolution Constitutional Amendment 29, Madam -- I'm sorry. Senator Collins, for what purpose do you arise? SENATOR COLLINS: Point of personal privilege. PRESIDING OFFICER: (SENATOR DEMUZIO) Yes. State your point. SENATOR COLLINS: Mr. President and Members of the Senate, we have the pleasure of havin: visiting us today the seventh and eighth grade classes along with their -- instructor, Mrs. Deal from Oak Park, the Saint 18 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 Edmond's School. And I'd just like for them -- theyfre behind the President in the President's Gallery. I'd just like to have them stand and be recognized by the Senate.
PRESIDING OFFICER: (SENATOR DEMUZIO) If our guests in the Gallery will please rise - be recognized by the Senate. Welcome to Springfield. A11 right. House -- House Joint Resolution Constitutional Amendment 29, Madam Secretary.
House Joint Resolution Constitutional Amendment 29. (Secretary reads HJRCA No. 29) 3rd Reading of the resolutlon.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft. You -- you should say something positive.
Thank you, Mr. President. I rise before you today with Plan D. Those of you on the Revenue Committee who have sat through numerous meetings on mandates are going to be presented with a -- or are being presented with a Constitutional Amendment attempt to satisfy local governments' concerns on what We, as a State Body, are doing to them with mandates. I initiated the hearings in Revenue because I am truly concerned, and I think al1 of us have seen what the Federal Government is doin: to us with mandates, especially unfunded mandates. prefer to do this by legislation, but I have been asked to run this to see if, in fact, it Would meet with your approval. I'm not convinced that this is the perfect model. In fact, we dealt with a model similar to this with Senator Watson's Constitutional Amendment the other week. The main differences between this resolution -- or Constitutional Amendment and Senator Watson's # believe, was this applies also to executive actions because -- or Joint Committee on Administrative Rules, because they seem to be implementing 19 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 mandates through that order. And there was some concern whether Senator Watson's Constitutional Amendmenk did not apply to ! continuing appropriations. Briefly: there are three seetions to the Constitutional Amendment stating what a State mandate is, definlng what a funded mandate is, and simply saying that a State mandake that is not funded is not enforceable while not funded, unless the bill implementing the mandate was passed with the co ncurrence of three-fifths vote of both Houses. I would try to ! answer any questions on the Constitutional Amendment at this time.
PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Fawell.
! Thank you very much. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will. Senator Fawell.
Senator, I am -- I am asking this question because there is presently a bill that will be on the Floor that refers to the State perhaps picking up the mandates that We have placed upon the county as far as the due process funding, and, of coursey this means judges and -- not only judges, Which we do fund now, but courthouse and jails and bailiffs and clerks and the whole bit. I just wanted - for the record - that kithout the passage of that bill, you are not talking about that; that's not an automatic thing in this Constitutional Amendment. Am I right?
PRESTDTNG OFFTCER: (SENATOR DEMDZIO) Senator Luft.
I have -- the only bill that I know on State mandates that 's on the Calendar is my bill, I think, that came out of Revenue. i This -- if you read what a State mandate is - it is an -- it's for an -- mandates an expenditure of funds by a unit of local 20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY ; REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 government or school district. In order to implement that law, there has to be an appropriation.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.
That's my -- that's my question. We# as a State, have mandated, for instance, that -- that the county must put certain individuals in jail and -- and that there must be courthouses and there must be bailiffs and all the paraphernalia that go with this - clerks, and so on. Senator Lechowicz has got a bill that he gok out of Local Government yesterday that said if they don't want to pay for it, they don't have to. And I want to make sure we 're not getting ourselves in that kind of bind if we don't pass his bill. That's what I'm asking.
PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Luft.
If we provide the mandate without the cost, regardless of the mandate, the mandate is not enforceable unless the appropriation is passed or it is passed -- the mandate is passed by this Body and khe House With three-fifths majority vote.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.
And that's prospective; it's not -- it's not anything that we have passed now - so we're not going to a11 of a sudden have to pay for a11 the jails and what have you. Am I right? Unless we pass Mr. -- Senator Lechowicz's bill.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.
You dre wrong. This Constitutional Amendment applies to 21 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 existing as well as any new mandate that may be passed by the Legislature.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell.
Well, then -- well, then, to the amendment: You know, I like the sound of the amendment. It sounds great, except if we pass the Constitutional Amendment regarding the schools, Wefve doubled the income tax. We pass thls bill -- I mean this Constitutional Amendment, the ceiling 's the limit. Each courtroom, at least in my neck of the -- woods, costs approximately a hundred thousand dollars to maintain; that's without -- that's Without the jails. What you are talking about then, Senator Luft, is that we will from now on and -- and -- we Will be required to maintain the courthouse - a11 the courthouses in the State: a11 the jails in the State, a1l the bailiffs, a11 the clerks, everything that -- that has to do with the judicial system and the system of justice - perhaps even the sheriffs and the Statels attorneys and the whole gamut. Is that what we are about to partake on?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft, I hope you heard that question. I wouldn't want to ask her to repeat it. Senator Luft.
Would you repeat that question, please?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Fawell, perhaps a short verslon?
Let me let me explain to the Senate...
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.
22 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 v .. what we're having with...tmicrophone malfunetionl...
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft.
It's the interpretation of the legal minds on our side of the aisle and the not-so-leqal minds on the -- this side of the aisle - that this Constitutional Amendment, which was intended, believe, to be prospective in nature, within the text of this amendment, does not call for that. And I gave you, therefore, an honest answer; that I believe - and the people around me believe - that this bill would take into consideration every mandate that's been passed by the State of Illinois and would require that someone research the history of this Body to see if those mandates were in fact passed by three-fifths vote. Thatls what I believe - and those around me believe to be the text of this. T have offered my body to carry this bill Constitutional Amendment, and I am here to do What I suggested that I Would.
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Schuneman.
Thank you, Mr. President. Well: simply to continue that argument or debate, Senator: I appreciate your -- your honesty, because I think most of us on this Floor assumed that this amendment, or this proposed Constitutional Amendment, would be prospective in nature. But if, in fact, it is as you suggest and as our staff now suggests ko us that it may be - if, ln fact, may also be retroactive, then I think we had better go pretty slowly: because we, I'm sure, have a number of mandates - some of which are unknown to us at this time - that we may be bypassing this amendment or offering the amendment -- that we may be putting ourselves in a position to have to pay for. And so raise ehat eoncern for those Members who may not have been paying much 23 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 ! attention here - that this is not, apparently, exactly the same proposal that we passed out of here last week.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Berman. 1 : SENATOR BERMAN: i Thank you: Mr. President. Ladies and Gentlemen of the Senate, I want to pick up where the last two speakers left offz and I invite -- I want to -- the record to reenforce the very candid, honest response of the sponsor here. Paragraph (c) of this amendment - proposed amendment - says a State mandate that is not funded is not enforceable While not funded. That makes this I Constitutional Amendment apply to every requirement, based upon ! : not the passage of the bill, but the passage of the funding. Every year we appropriate money. Let me give you a hypothetical which is not a rash hypothetical, and 1'11 put it in the form of a question, and I'd like the sponsor -- al1 right. I'm giving you my constitutional interpretation. We -- we have in the Illinois School Code a requirement for the provislon of special education to every child that fits that category after analysis as to his or her educational needs. That's a bill that We passed a number of years ago, providing for special education for the disabled children. There is no argument - and I don't think I will hear anyone even raise their hand - we do not fully fund special education. And just for the reccrd, even if we fully funded the categoricals, we haven't fully funded -- special education. That means a hypothetical school district, starting the year after this amendment is approved, if it were approved, and we pass our usual appropriations - and let's say that we found money and we fully fund the cateqorical line item for special education - under this amendment, that school district could deny special education to a child in that class, in that school, because we didn't fully fund special education - not the line item : but the requirement for 24 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 delivery of service. Now, Senator Luftz you've heard my ' explanation. My first question is: Do you disagree with that analysis? And then my -- first 1'11 -- 1'11 ask for a comment on that analysis. Do you see that that could be done under -- if this is adopted? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Luft. SENATOR LUPT: . I Senator Berman, you see What's behind me? A group of lawyers. I h I ave five opinions on that right now. Mr. Presidentx would you take this out of the record? PRESIDING OFFICER: (SENATOR DEMUZIO) A1l right. Sponsor requests it be taken out of the record. ( Take it out of the record. Resolutions, Madam Secretary . Senator Karpiel. Resolutions. SECRETARY HAWKER: Senate Joint Resolution 153 offered by Senator Karpiel. It is a death resolution. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator Karpiel. Senator Karpiel. We are on your - - Senator, we are on your amendment -- on your resolution, your joint resolution - congratulatory? Has to leave here? Huh? It's a death resolution that has to leave here today in order to get over to the House? It's a joint resolution? No. SENATOR KARPIEL: Well, as long as you're callkng on me, I guess I'kk do it. This is a death resolution, and you want me to move the -- the rules? PRESIDING OFFICER: (SENATOR DEMUZIO) Senator -- Senator, it has your name on it. SENATOR KARPIEL: I just filed a death resolution that's a -- I meang itfs not a 25 .. . M>. STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30# 1992 congratulatory one, but it goes under that heading.
PRESIDING OFFICER: (SENATOR DEMUZIO) Well, Senator, -- it is my error. I -- I had not read the resolution, but it says it is a Senate joint resolution. It is a death resolution. If you...
I'm sorry, Mr. President; I don't know what I'm supposed to do.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Consent Calendar. Further business to come before the Senate? Senator Jacobs.
Point of personal privilege. It was brought to my attention that one of our doorkeepers had a birthday yesterday, and he was eighty-five, and I think that speaks well for Harvey Turner and his longevity.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Senator congratulations, Harv. Congratulations. Senator Butler, for what purpose do you arise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR DEMUZIO) All riqht. Senator -- state your point.
Ladies and Gentlemen, I would like to introduce to you a group of special young people who have been observing government in action here this afternoon from the accelerated government class from Maine Township High School East in my hometown of Park Ridge. Please say hello to the group of young people 1ed by their teacher, Paul Carlson. And another -- I'm sorry.
PRESIDING OFFICER: (SENATOR DEMUZIO) Welcome to Springfield. A1l right. Senator Thomas Dunn, for 26 i STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 what purpose do you arise? I
Thank you, Mr. President. I Would request Waiving the posting ! notice for Senate Bill 1800 tomorrow to assign it to a subcommittee. i
PRESIDING OFFICER: (SENATOR DEMUZIO) Welly it's my understanding that the posting of all bills has already been waived. Is that not correct? Senator Dunn, you Want i to restate your motion?
Yes, Mr. President. I'd like to waive the posting requirement I for Senate Bill 1800 - up tomorrow morning - for purposes of I assigning it to a subcommittee. i PRESIDING OFFICER: (SENATOR DEMUZIO) ! A1l right. Youdve heard the request of Senator Dunn. Those in : favor, indicate by saying Aye. Opposedz Nay. The Ayes have it. So adopted. Further business to come before the Senate? If not, Senator -- Senator Rea.
Thank you, Mr. President. I would like to introduce a special group from my hometown from the government class of the j ! Christopher High School and their teacher, Jeff Gosset, up here in i the gallery behind me. Let's welcome them to Springfield.
PRESIDING OPFICER: (SENATOR DEMUZIO) Welcome to Springfield. Senator Jacobs, for what purpose do you arlse?
Thank you, Mr. President. Finance and Credit Regulations will meet immediately in Room 212. And if everybody gets therez we 'll be out of there very, very shortly.
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Senator Marovitz, for what purpose do you arise? ! 27 1 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992 Senator Marovitz.
Yes: thank you very much. I'd like to waive the appropriate requirement so that Senate Resolution 1209 can be read today. That's an agreed resolution. There's a -- a -- an event going on tomorrow. We just want to be able to get the resolution. It's an agreed amendment.
PRESIDING OFFICER: (SENATOR DEMUZIO) Is the resolution congratulatory?
Yes.
PRESIDING OFFICER: (SENATOR DEMUZIO) Itdll be on the Consent Calendar in the morning, and I'm sure theydll have it prepared for you to take with you.
Well -- but the problem is that lf we -- if we put it on the Consent Calendar today by Waiving the requirements, then we can have the resolution ready in script form tomorrow. Yeah.
PRESIDING OPFICER: (SENATOR DEMUZIO) Done. Further -- Senator O 'Daniel.
Thank you, Mr. President. The Agriculture and Conservation Committee will meet tomorrow morning at ten o 'clock sharp in Room 212.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Berman.
Thank you, Mr. President. Would the Members of the Elementary and Secondary Education Committee, pursuant to the notiee posted, please meet at my desk nowy upon adjournment. We will finish up the meeting that was recessed yesterday at my desk, upon adjournment. 28 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 98th Legislative Day April 30, 1992
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Geo-Karis, for what purpose do you arise? A11 right. Senator Holmberg, for what purpose do you arise? Senator Holmberg.
To a1l Members of the Higher Education Committee, we'll meet immediately after adjournment in Room 400. The meeting should just take a very few minutes. So if you come very quickly: weill be throuqh with our business shortly.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further business to come before the Senate? Senator Karpiel, 1et me apologize to you. I had -- I was told that you wanted to expedite that resolution today. I was told it was congratulatory in nature. We have now straightened it out. just want to 1et you know that -- that I -- I apologize, and come back tomorrow and weîll be open for business. Further business to come before the Senate? If not, Senator Hall moves that the Senate stand adjourned till tomorrow at the hour of 12:00 noon. Senate stands adjourned. 29 REPORT: TIFLDAY STATE 06 ILLINOIS 93/0#/20 PAGE: 001 8TTH GENERAL ASSE/I.OLY 09:16152 SyNAy: DAILY TRARSERIPTION 0F DEBATE INOEK APRIL 304 1992 5:-1209 RESOLUTIOIt UFFERED PAGE 3 SR-1210 RESOLUTIOI: OFFERED PAGE 3 SR- :2:1 RESOLUTIG/I OFFERED PAGE 3 . SR- 12t2 q RESOLUTIDN OFFERED PAGE 10 SR- 1213 RESOLUTION DFFERED PAGE ID SR-12t# RESULUTION OFFERED PAGE L0 *HJQ- 0028 rHIRO READING PAGE 11 4HJR-0:29 0UT OF RECORD PAGE 19 SJA-O151 ADOPTED PAGE 10 SJR-Ot53 RESOLUTION 3FFERED PAGE 25 SUUJECT MATTER SENATE T0 ORDER - PRESIOENT ROCK PAGE 1 PRAYER - THE REVEREND JEFF OLEVINS PAGE l JOURNALS - POSTPOICED PAGE 1 COMITTEE REPORTS PAGE l fIESSAGE FROFI TaE w-OMPTROLLER PAGE 3 HOLOCAUST MEI<IORIAL RECOGNITION PAGE 5 RECESS PAGE 9 SENATE RECOINVENES PAGE 10 ADJOURNMENT PAGE 29 1 . I i I i 1 j . ' y