Senator Marovitz, on Senate Calendar No. 7 is House Bill 2694, on the Order of Secretary's Desk, Non-concurrence. Madam Secretary. SECRETARY HAWKER: i Senate Amendments l and 2 to House Bill 2694.
Senator Marovitz.
Thank you, Mr. President. I Would move that the Senate refuse to recede from Amendments No. l and 2 and that a conference committee be appointed.
Gentleman has moved that the Senate refuse to recede from Senate Amendments l and 2 to House Bill 2694, and that a conference committee be appointed. A11 in favor, indicate by saying Aye. Opposed, Nay. The Ayes have it. The notion carries, and the Secretary shall so inform the House. Senator Jones, on 16627 Madam Secretary, please.
First Conference Committee Report on Senate Bill 1662.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.
Yeah. Thank you, Mr. President. I move the Senate adopt the First Conference Commlttee Report on Senate Bill 1662. What it does is create the position of appraisal administrator under the Department of Professional Regulation; requires a11 State-certified real estate appraisers to be deemed general real estate appraisers; creates the Appraisal Administration Fund, and makes clarifying technical changes in the Professional Counselor Licensing Act, as well as the Naprapath Licensing Act. Under the I l STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July lz 1992 Naprapath Licensing Act, it's a technlcal amendment. And this technical amendmenty which clarifies that a naprapath may only treat within the scope that is defined in the Act. That is What 1 , the Conference Committee does, and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Ladies and Gentlemen, could We have your attention, please? Lady from Dupagey Senator Fawell. l SENATOR FAWELL: ' Thank you very much. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he Will.
Senator -- Senator Jones: I have gotten some -- some calls and some literature from the appraisers that were against a bill that, in effect, Would -- and the real estate, homeowners, and what have you, were against an appraiserss certiflcation. Is that what this is?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Jones.
No. This is not that bill. That has been done quite some time. That -- they are already certified under legislation that is now law . This -- what this bill does -- and they -- this is something that they agreed with. You check with your leadership i I on that side of the aisle. This is what they agreed to.
PRESIDING OFFICER : (SENATOR LECHOWICZ) Senator Fawell.
Then this is -- then this is the compromise that the appraisers wanted . Is that right?
PRESIDING OFFICER : (SENATOR LECHOWICZ) Senator Jones . 2 STATE OF ILLINOIS 87th GENERAL ASSZMBLY i REGULAR SESSION SENATE TRANSCRIPT I ; 131st Legislative Day July 1, 1992 I I
This is the second half of the other portion passed in Senate 1 j Bill 1909, which Was sponsored by Senator Madigan. So this is the I other portion of it that has been agreed to. PRESTDING OFFICER: (SENATOR LECHOWICZ) ( Senator Jones, to close. SENATOR JONES: j ( I just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall the Senate adopt the Conference I ; i Committee Report on Senate Bill 1662. Those in favor, vote Aye. Those opposedy vote Nay. The voting ts open. Have all voted who ! wish? Have all voted who wish? Please take the record. On this question, there are 55 Ayes, no Nays, none recorded as Present . And the Senate does adopt the Conference Committee Report on Senate Bill 1662 , and this bill, having received the ehree-fkfths required majority, is hereby declared passed. Leave of the Body - we 're still on the same Calendar - we '11 9o back to Senate Bill 1892. Senator Leverenz. On Concurrence . Read the bill, Madam Secretary .
Senate <sic> (House) M endments 4 and 10 to Senate Bill 1892.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.
Thank you , Mr . president # Ladies and Gentlemen of the Senate . Senate Bill 1892 now has been taken to one amendment from the House . It would create the Family Responsibility and Medical Leave Act and -- allows an employee who is employed for twenty or more hours in a facility of a hundred persons or more, a minimum of -- be eighk weeks during a twelve-consecutive-month period . This amendment is changed from an earlier bill passed in the 3 I STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 following way: It deletes the tax credit; it deletes the Department of Employment Security study. Answer any questions that you might have, and ask for your Aye vote to adopt the Conference Committee Report.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? The Lady from Dupage, Senator Fawell.
Thank you very much. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he will.
Senator Leverenz, is this the -- the family leave revisited without the tax credit?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.
Answer to your question is yes, and you allow me then the opportunity to correct how I misspoke. It is that We are concurring with the House amendment, rather than a Conference Committee. But indeed, it is family leave, yes.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.
Can you tell me what the effective date is on this bill?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.
January 1 -- I'm sorry, July 1, 1993.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Fawell.
Will you -- there's a -- I'd like to -- I'd like a : 4 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 parliamentary inquiry, then.
PRESIDING OFFICER: (SENATOR LECHOWICZ) State your point, ma 'am. ! I
Will you please...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Ma'am, excuse me. You 're going to have to move. Senator 1 Fawell. !
Yeah.
PRESIDING OFFICER: (SENATOR LECHOWICZ) State your point.
Mr. President, parliamentary inquiry. HoW many votes does it take, then, tc pass this bill? It's after midnight. PRESIDING OFFICER: (SENATOR LECHOWICZ) ' Three-fifths. Three-fifths. It's 12:06. We play it by the book. Senator Fawell. SENATOR FAWELL) ! Thank you very much. Then I Would merely ask that We...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Excuse me. Parliamentary inguirye Senator... ;
... turn this bill down .
PRESIDTNG OFFICER: (SENATOR LECHOWICZ) ..ocarroll. One moment , ma 'am . Senator Carroll. Another parliamentary inquiry . Senator Carroll, please .
Why , thank you , Mr. President . Parliamentary inquiry .
PRESIDING OFFICER : (SENATOR LECHOWICZ) Yes .
5 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Would it not depend upon the effective date of the bill; that if the bill is to be effective some time after January ls* -- or next June 30th, would be 30 votes?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Madam Secretary, eould you show us the bill, please?
And it would only require an extraordinary vote to be effective immediately.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Wedll check the effective date. Thanks. This bill is effective July l of 1993. It requires 30 votes. Senator Fawell.
Well, to the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Yes, ma 'am .
We just passed a bill not too long ago, and and for the first time felt I could vote for it, because, lndeed, it was a - - a compromise that was Worked out. thought was a fair compromise. It was supported by both sides of the aisle. It was supported by both business and labor - maybe not a11 of labor; maybe not all of business - but I thought it was a compromise that - - that could be lived with by -- by all sides. For the House not to even qive their Members a chance to vote on that, but instead to subsidize -- substitute this bill in place of is again forcing the Senate to either do it their way or they 're not going to play. I think this is a bad idea. I think we ought to tell the House there are two Legislative Bodies. We count as much as they do. Por them to constantly do this to us at the last minute is wrong.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Lady bring her remarks to a close. 6 STATE 0F ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July l, 1992
And T would ask for an -- a No vote.
PRESIDING OFFICER : (SENATOR LECHOWICZ) The Lady from Dupaqe y Senator Karpiel.
Thank you, Mr. President. Will the sponsar yield?
PRESIDING OFFICER : (SENATOR LECHOWICZ) Indicates he will.
Senator Leverenz , did you say that this bill is identical to the bill we passed out of here earlier, except for -- that the tax credits are now out of the bill?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz .
NoW 1et me take you back to what I said a few minutes a9o. It is - as I said and shall restate - it is similar to what We passed out earlier , with the following changes : One , it deletes the tax credit ; two , it deletes the Department of Employment Security study ; and it doesn 't cover a sibling situation , as the earlier bill did . Those are the three changes .
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.
Thank you z Senator Leverenz . Then I have a question , if you know the answer Eo it . Why have ...
PRESIDING OFFICER : (SENATOR LECHOWICZ) It 's ten after twelve .
... the tax credits been taken out of the bill?
PRESTDTNG OFFTCER: (SENATOR LECHOWICZ) Senator Leverenz . 7 STATE OF ILLINOIS i 87th REGE UN LA ERAL SEA SSS IE OM NBLX 1 i SENATE TRANSCRIPT I 131st Legislative Day July 1, 1992 .
I didn't bring my No. 2 pencil, Mr. Presidene, for *he pop E quiz. However, we want to do a pure family leave, and I don't 1 think that we have to give tax credits to have a family leave I I bill. E
PRESIDING OFFICER: (SCNATOR LECHOWICZ) Senator Karpiel.
Well, Senator -- I mean, Mr. President, I'm askin: a serious question. Just what is the objection and the House's objection and the sponsor's objection to having tax credits? Does that take any more time away from the -- from the employee who wants to have mandated leave? What has that got to do With the objective of the bill?
PRESIDING OFPICER: (SENATOR LECHOWICZ) Senator Leverenz.
I did nat -- I thought she made a statement, Mr. President. If it is a questlony then she could repeat it.
PRESIDING OFFICER: (SENATOR LECHOWICZ) No, it's a question. Senator Karpiel. Would you please repeat your question, matam? Karpielz please. SENATOR KARPIELJ My question 1s: What is the problem? Why is the -- why were khe *ax aredits taken out of khe bill? What vas the problem kith it? Why did *he House find a problem wlth i*? Why does the Senaeor find a problem with it? What is wrong with it?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.
Well, some considered it Medicaid for corporations. Some objected to it. Some did not think there was a correlation to I 8 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 give a credit to these big corporations with over a hundred employees when over sixty-five percent of al1 corporations have no tax liability to the State of Illinois. Why should we give them another one? Let us just do what's right.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.
Well, I have one more question that's very important to me.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed , ma 'am.
Where are the women 's groups on this bill?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz .
I did not have a cbance to check with them in the last three hoursy but I believe the bottom line is, our constituents, the women groups , the men groups # al1 Want family leave. We 've passed this before; 1et us pass it again. If yokl, indeed, come forward with any more red herrings, we could put them in a little can and have a new product from Sweden. I simply ask for your Aye vote to pass what I believe is a good solid family leave bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Karpiel.
To -- to the bill , Mr. President .
PRESIDING OFFICER: (SENATOR LECHOWICZ) Please proceed , ma 'am .
Those were not red herrings; those were the products of the -- of the negotiations that we a1l talked about this morning, that Senator Severns has worked so hard over so many weeks and so many 9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 months to achieve - to get a bill that will do What the objective of this bill is, and that's to get family leave. Theydre not red herrinqs; they 're something that the House didn't like and the Women's groups didn 't like, or -- the unions didn't like, because we had a negotiated compromise that did the objective. I think they want the issue. They don't Want the bill. Or they Want the bill, but they don't want the issue. Somehow or other, I think it stinks. And I would urge a No vote. We had a good bill here this morning, and I think this is disgraceful.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio.
Thank thank youz Mr. President, Ladies and Gentlemen of the Senate. I really wasn't going to say anything on this bill againy but, you know, it's politics as usual on the other side. You knowy you want the -- you want the issue of family plannlng -- or family leave, but you don't Want to do it Without the tax breaks. It won't pass in the House, and you don't Want it either. And so you're going to go out there in the campaign and you dre going to tell the folks that the reason that you voted against family leave was because the corporations didn 't get a tax break. Boy, T'd like to see you sell that between now and November of 1992. I said that the public Wants this issue resolved. Ladies and Gentlemen, they do want this issue resolved. And you know what's in your polls over there. You can't polarize this issue any longer. It's laid bare for everyone now . So let's get on with the business. The art of politics is to compromise. This is the compromise, and it's without the tax breaks for corporations. This is, indeed, a family issue that everyone talks about in 1992. It's finally here. Lee's do something productive in this General Assembly on behalf of families in Illinois, for once and for all. Thank you. 10 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July lw 1992
PRESIDING OFPICER: (SENATOR LECHOWICZ) Gentleman from Dupage, Senator Hudson. i SSWAPCR HUDSOX: i i Thank you, Mr. President. Earlier today we - I believe, no matter how sweetened up the concept was - we made a mistake. And those of us that worried about principle -- and I will say again that I rose before on what I thought was principle, and have risen in times past on what I thought was principle - not politics. But this morning we opened the door, and business opened the door, to an interloper that was knocking outside. And in order to get inz they had sprayed this interloper with perfume. He smelled better. He looked better. They dressed him up a little bit. And apparently, with the help of some business people, they let this interloper in the house of business in the State of Illinois. And once inside now, this interloper is reverting to what some of us thought he was to begin with - something that we do not want inside the house of business. And I donlt understand yetz on the basis of principle, why we have to invite the State of Illinois - the Government of Illinois - to say to business, ''You will do this, and you Will do it that way,'' on the assumption that I everybody in the State of Illinois wants this. I don't even 1 ! accept that. I don't think everybody in the State of Illinois wants this. They want fair treatment from business, yes. But I think many people - many people I know - are looking to business itself to solve some of these problems and to do What is right. And I believe if -- if our businesses are left to their own devices, khey will respond to legitimate demands of women for the kind of treatment that they should have - and men too - in their businesses. I still do not feelr on the basis of principle - not politics, but prineiple - that this is the wrong direction. We 've invited this charaeter into the house of business now, and I think the thing to do is to throw him back out where he was. 11 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legkslative Day July 1, 1992
PRESIDING OPFICER: (SENATOR LECHOWICZ) The Lady from Lakey Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, this morning I voted for the family leave bill that Senator Severns had proffered to this Assembly. It was the first time I voted for onez because, as the Gentleman said earlier, we must compromise. You're darn right we should compromise, because if we don't have any businesses here, wedre not going to have need for labor. And I think we have to be fair to both. I worked in a factory for thirty cents an hour; I know what it's al1 about. You Want to talk about compromise? Compromise and -- with common sense. If you want some of these companies with -- who have more than a hundred employees -- feel that they've been set upon and they want to open up branches elsewhere than Illinois, that's where your art of compromise goes down the drain, because you're not going to have jobs. I'm committed to keeping jobs in Illinois and bringing more jobs in Illinois. And Ifve talked to some of our big companies, and I persuaded them that this bill that Senator...
PRESIDING OFFICER: (SENATOR LECHOWICZ) Lekerenz.
... severns had - that Was Senate Bill 484, I remember correctly would be the step in the right direction, because we do give a little bit of a tax break to the company. What's wrong in Erying to help each okher? If the company's going to be happy, they're going to be hiring people, and they're going to keep them on the payroll. But this attitude of the compromise - what compromise? You're not making any compromise. You just don't Want to go ahead with the bill that was passed this morning. That Was a good bill. And I ask for a No vote on this one.
PRESIDING OFFICER: (SENATOR LECHOWICZ) 12 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Senator Jacobs.
Thank youz Mr. President, Ladies and Gentlemen of the Senate. You know, first of all, would the sponsor yield for the question?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Indicates he Will.
In this bill, Senator, is a sibling part of the family, or not?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenz.
It is not. As I stated earlier, there are three things that are not: One is the credit; two is the sibling) three is the study for the Department of Employment Security.
PRESIDING OFFICER: (SENATOR LECHOWICZ) I'd like to introduce to this Body a person Who has spent many good years here - the Comptroller of the State of Illinois, former Senator Dawn Clark Netsch. Dawn, good to have you With us. Senator Jacobs.
Welly to the bill, then. You knoW, I guess that if we don't knclude siblings as part of family, I don 't know What I have and I don't know how my children are related to each other, then. But I guess I've got a bigger problem, and it's a little bit -- one that is being stated by some of the -- the Senators on the other side of the aisle, in regards to the other side of the rotunda. I agree - I think We sent out a bill that I Was originally opposed to, as Senator Severns brought it up. There are still some problems with that bill, as I see it. But yet at the same time, Senator Severns worked out a good compromise. She got support from that side of the aisle, and now it's over on the other side 13 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION @ ' SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 of the rotunda. Senator Rock, in his normal, good fellowshipy has heard this bill over here. And I think that we should Withdraw this bill until we hear from the other side of the rotunda on the bill that we sent over there; or, if that cannot happen, let's at 1 least debate them simultaneously, and let's vote them b0th out or b0th down so we know where weIre at. I think Senator Severns deserves a vote on her bill over in the House. And if we pass this, I'm going to guarantee you one thing: We sure are not going to 9et the vote on the other side of the rotunda. I ask for an Aye vote -- I mean, a No vote.
PRESIDING OFFICER: (SENATOR LECDOWICZ) Any further discussion? Senator Joyce. SENATOR JOYCEI Does the sponsor yield?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Yes, he -- he indicates he will.
Senator Leverenz, do you know - has the blll that went out of here earlier today -- has it been called in the House?
PRESIDING OFFICER: (SENATOR LECROWICZ) Senator Leverenz.
It has not, and they have adjourned.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Don't be too testy, now . Senator Rea.
Thank you, Mr. President. I feel that this bill is -- is a bill that -- with the loophole taken out on the tax creditz makes it a much better bill than the one that we had supported or had voted on today, here in the Senate. I rise in support of this bill. I -- I think this Was one that not only several people had a concern about the tax credit loophole: but also I think that 14 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 some of the other bills that have gone over to the House, that there has been some expression of concern, by not only the House, but by the administration, about tax credits. So I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Raica. Raicay please.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I wasn't going to speak until I heard Denny Jacobs speak. think the comments that I made this morning about family leave and about finally having the bipartisan support at least got some Republican votes for that bill. And I think that We should not, at least on this side, fall to the games that are being played in the House. I have supported family leave in the past. Idve been with Penny since she's had the bill: but what a difference a sponsor makes. So I'm going to ask the people on my side of the aisle to vote Present until we get Pennyfs bill back, and 1et them take a vote on that one. That's what the people Wanted to get out of here - something that was bipartisan; something that doesn't stink like this one.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Leverenzy to close.
Welly I haven 't had somebody say that about my -- one of my bills since I left the House. Sorry. But I ask you - and in your case, sir, hold your nose, vote Aye ask for your Aye voke to pass the bill.
PRESIDING OFFICER: (SENATOR LECHOWICZ) The question is, shall the Senate concur in House Amendment No. 4 and 10. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Please take the record. Question is -- there are 27 Ayes, 15 STATE OP ILLINOIS 87th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 ! 17 Nays, 12 recorded as Present. And the Senate does not concur in House Amendments No. 4 and 10, and this fails. I'm sorry? Gentleman asks leave to put it on Postponed Consideration? Leave . Postponed Consideration. No -- which way do you want it? Eine. It's lost. 1892 is lost. President Rock.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, as I'm sure you are painfully aware, we have, this morning, struck what I think is a valid budget agreement. In order to implement that, however, we have been working very closely With the Bureau of the Budget and t5e Governor's people all day, in attempting to reconstruct and restore some of the euts that were made. The fact is, the paper is still about three hours away. My judgmenk is that we are better served by adjourning or -- till this morning -- a little later this morning. We are at the extraordinary vote level. There are a number of conference committees that are in the works and will be available tomorrow morning. But I think in everybody's best interest, and I Would move, Mr. Presidentz that we stand adjourned until ten o'elock -- or recess until ten o'clock this morning.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Gentleman from Cookz Senator Brookins, What purpose seek recognition? Brookins, please.
I rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR LECHOWICZ) State your point.
A few minutes ago there Was a vote on the Floor that affected my district - the airport bill - the Lake Calumet Airport bill. I did not get an opportunity to speak on that bill, and I have represented that district for six years here in the Senate. The 16 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 most important thing to happen in this and did not have my voice lent one way or another to the passing or the defeat of that bill. I don't think that any other Senator ever, that I can remember of a bill that affect his district in the way that this would affect my district, would not be allowed to speak. And: Mr. President, feel hurt; I feel crushed; and I feel disrespected. For awhile thought that it would be best if I just left this -- this Senate and not come baek to this Floor ever again. But I don't think that that is what the people sent me here to do. They sent me here to voice an opinion and to vote what they have sent me here to vote for. I don't think that no Senator I can ever remember has ever been that disrespected in that regard. And I don't know what to -- to say or What the President should say about it, but I know that the light was on. had my light on first - when the bill was first ealled; they went al1 around the room ; they talked to Senators from a1l over the State of Illinois; and yet, they would not hear the voice of the Senator that represent that district.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Roek moved that the Senate stand adjourned until nine o lclock tomorrow morning -- or recess. Recess till Wednesday, July 1st, 10:00 a.m. Senate stands in recess till 10:00 a .m., July 1st. (RECESS) END 0F TAPE TAPE 2 17 STATE OF ILLINOIS 87th GENERAL ASSEMBLY j REGULAR SESSION ' SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 l i (SENATE RECONVENES) PRESIDENT ROCK: The hour of ten having arrived, the Senate will reconvene. l : Prayer on this Wednesday, July 1st, by the Reverend Stan Hopwoodz Mexican Border Mission, Brownsville, Texas. Reverend. THE REVEREND STAN HOPWOOD: (Prayer by the Reverend Stan Hopwood) ! PRESIDENT ROCK: Thank you, Reverend. Message from the House. : SECRETARY HAWKER: ! A Message from the House by Mr. O'Briens Clerk. 1 I ! Mr. President - I am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on House Bill 3493: and requests a Second Committee of Conference to consider the differences between the two Houses in regards to Amendment No. 1. Action taken by the House, June 30, 1992. PRESIDENT ROCK: A11 right. With leave of the Bodyz the Senate will accede to the request of the House. Without objection, leave is granted. A11 right. Ladies and Gentlemen, we Will begin on page 19 on the Calendar. Senator Dart has a matter on Non-concurrence, and then we will begin on Conference Committee Reports and move right through the list. There are, I'm told, about tWenty-elght or thirty conference committee reports. The rather lengthy amendment to the budget bill is being duplicated as we speak, and as soon as it is available, the Members will certainly have it. Page 19 on 1 the Calendar, House Bill 3986. Senator Dart. Madam Secretary, on the Order of Secretary's Desk, Non-concurrence, is House Bill 3986. 18 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
Senate Amendment No. to House Bill 3986.
Senator Dart.
Thank you, Mr. President, Members of the Senate. House Bill - - I move that we refuse to recede from Senate Amendment No. l to House Bill 3986, and that a conference committee be appointed.
All right. Senator Dart moves that the Senate refuse to recede from the adoption of Senate Amendment No. to House Bill 3986, and that a conference commlttee be appointed. Al1 in favor: indicate by saying Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Secretary shall so inform the House. Bottom of page l9. 180. Senator Rea. Madam Secretary, on the Order of Conference Committee Reports, there 's a Conference Committee Report With respect to House Bill 180. Madam Secretary.
Second Conference Committee Repart on House Bill 180.
Senator Rea.
Thank you, Mr. President and Members of the Senate. This is an agreement for unemployment insurance which was negotiated by labor and employers, and is certainly to be commended for the hard work and the many hours Ehat they spent around the table in coming up with this agreement. And the agreement is due to sunset at the end of 1996. This extends the 1992 sunset provisions for unemployment benefits and employer taxes to 1996. It limits the increases for employer tax rates and increases benefits to the unemployed. It exempts free-lance newspaper writers and certain individuals who deliver newspapers directly to consumers. Permits 19 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 an unemployed person with court-ordered custody of a child to receive additional benefits for child care. This has come about in many hours of negotiation, and is supported by the Illinois Chamber, the Illinois Manufacturers' Association, the AFL-CIO, the j National Business -- Federation of Business, Management Association of Illinois, and the Illinois Retailers ' Association. And I feel that this is a -- a good negotiated bill, shows that the process can work, and certainly would ask for your support.
A11 right. The Gentleman has moved that the Senate adopt the Second Conference Committee Report on House Bill 180. Discussion? Senator Hudson.
Thank you, Mr. President. Just as a follow-up to Senator Rea: As he has so very ably stated, all the major components of labor and business have signed off on that -- on this proposition. They dve worked very hard to do so, have reached an agreement, and 1, too, would urge support of this Conference Committee Report.
Further diseussion? Senator Jacobs.
Thank youy Mr. President. I'm not going to get in the way of this bill, but I think -- you know, the agreed bill process works in most cases, but we've got still one issue out there that I think has not been addressed by this, and that is the independent contractor issue. And I thlnk that's the biggest issue in unemployment insurance that there is out there, and I think that iE's one that we should continue. And hopefully the -- the Chairman of the Labor Committee will agree to continue to allow that to work throughout the summer, and perhaps come up With some agreement. It's my understanding the agreement is just a thread i away from -- from being finalized between a11 parties concerned, 20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 and I'd like to see that at least eligible to come back in khe fall. And I would hope the Chairman would give us that opportunity.
Further discussion? If not, the question is, shall the Senate ! adopt the Conference Committee Report on House Bill 180. Those in favor will vote Aye. Opposed, vote Nay. And the voting is open. ' Have a1l voted Who wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 180, and the bill, having received the required constitutional majority, is declared passed. ...lmachine cutoffl...of page 20. 2767. Senator Dart. Conference Committee Report. We're at the top of Page 20, Ladies and Gentlemen. We will be going through pages 20 and 21 to pick up the conference committee reports that were filed yesterday or the day before. House Bill 2767: Madam Secretary.
Second Conference Committee Report on House Bill 2767.
Senator Dart.
Thank you, Mr. President, MeRbers of the Senate. House Bill 2767 represents numerous criminal provisions that, for the most part, passed both Houses. They got caught up in other bills. This was a group of bills which I'd talked with Representative Homer and Senator Hawkinson on. These are noncontroversial -- bills that are contained in here. One -- three portions of it were on the original bill, which passed out of here 59 to nothing . It would expand the definition of an ''institutionalized personz'' which had a negative impact in the criminal sexual assault cases. Would remedy that problem . It makes a technical change in the I 21 ! STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l31s* Legislative Day July 1, 1992 definition of ''prima facie'' so that it -- in response to a recent case law, People versus Atteberry. Makes numerous technical changes in the law . We also included in here a provision which the Medical Society and the Department of Corrections worked out a compromise, which would -- would not require the doctors to be witnesses to the execution. They would still be required to pronounce death. This was what the Department of Corrections was looking for, and the Medical Societyy and this was a noncontroversial portion of this bill. We also inserted a provision dealing with good-time behavior in county jails, to deal with a problem in Fulton County. We expanded resisting or obstructing a police officer to include correctional officers as well. In addition to that, we also took care of a problem that was experienced with the new aggravated DUI Statute which did not deal with an indlvidual who had previously been convicted of reckless homicide, and that also has been clarified with a technical amendment as well. And I'd ask for the adoptlon of this Conference Committee. PRESIDENT ROCK: Al1 right. The Gentleman has moved the adoption of the Conference Committee Report on House Bill 2767. Is there any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 2767. Those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have a1l voted who wish? Take the record. On Ehat question, there are 58 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 2767. The Report, having received -- the bill, having received the required constitutional majority, is declared passed. Senator Raica. Yes, middle of page 20, Madam Secretary, there's a Conference Committee Report on House Bill 3037. STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
First Conference Committee Report on House Bill 3037.
Senator Raica.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3037 the Report Would allow a fire protection distriet to annex up to sixty acres of territory with a frontdoor referendum approval of the owners of the territory to be annexed. We put the frontdoor referendum on there, and that was one of the reasons that it came back here. In additione the Report adds the revised language from House Bill 3020, which Was sponsored by Senator Dudycz and Representative Barnes, but the bill was held in the -- the Senate Transportation Committee. The language provides that the Law that 1aw enforcement officer or agency shall report to the Secretary of State the use of a driver's license or Illinois ldentification card by a person under the age of tWenty-one who uses this ID to purchase or to sell an alcoholic beverage. The Secretary of State shall provide a form on which to make such reports. I have letters from the Illinois Police Association, the Women's Benevolent and Protective Association of Illinois, the Police Chief of the University of Illinois at Champaign-urbana, and the Illinois Sheriffs' Association, who support the bill. And I would just ask for a favorable roll call, Mr. President.
A11 right. The Gentleman has moved the adoption of the Conference Committee Report on House Bill 3037. Dlscussion? Senator Hawkinson.
Thank youz Mr. President. I rise in opposition to the Conference Committee Report on House Bill 3037, regarding the 23 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 amendment that was just explained. Already in Illinois when someone uses an ID, they are convicted of a criminal offense. We prosecute them for that, and the Secretary of State already has the authority to suspend and revoke drivers' licenses. They dve come in with this amendment Which says that they're going to forward information not just for convictions - which would be fine - but theyire qoinq to forward information on simply police reports or other reports of alleged use of an ID, without any conviction, without any -- any hearing by a court that shows whether a person is guilty or not. There was a case out of the suburbs where a student in Iowa Was charged with using an ID. The evidence wasn't there. The court threw it out, and yet there was a suspension anyway. That's what you're -- that's the kind of system youdre setting up Statewide if you adopt this amendment. Now if the sponsor wants to dump this Report and go to a Second Conference Committee Report that encourages and that mandates the reporting of convictions, or even of supervisions where there's a finding of guilty, fine, but not to report any unsubstantiated allegation of unlawful use of the ID. We're going to suspend drivers' licenses without a hearing: without a conviction, Without even a finding of guilty? That's what this Report sets up . I'm a11 in favor of it. We already crack down on these folks, as we should, but we ought to limit this to convictions.
PRESIDING OFFICER: (SENATOR COLLINS) Excuse me, Senator Raica. WPGU requests -- FMl07 requests permission to record. Is leave granted? Leave is granted. Nowz Senator -- Senator Dudycz.
Thank you, Madam President. The orlginal legislation I sponsored with -- with Representative Barnes would have automatically revoked the driver's license of the person under twenty-one who -- who was attempting to purchase or sell alcoholic 24 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 beverages. This is -- this is a compromise language. As Senator Hawkinson earlier had had stated that -- previously, the Secretary of State does have the authority now to revoke the license -- license of a -- of a minor when -- when he is investigatin: these -- these facts. What this does -- this language does is that it it requires a 1aw enforcement agency to provide the information to the Secretary of State's Office so that the Secretary can exercise his discretion on whether he should or should not make the -- or enforce the rules, as he has the authority to do so now.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Raica, to close.
Thank you, Madam President. Representative Barnes and I have tried to work to make this piece of legislation amenable to a lot of people, and here we are trying to change it again. just beg everybody 's indulgence and ask for a affirmative vote on this House Bill 3037.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report to House Bill 3037. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who wish? Have al1 voted who wish? Take the record. On that questiony there are 18 Ayes, 34 Nays, none voting Present. Having received - - and the Senate having failed to receive the required majoriEy, the motion failed. Senator Raica.
Madam Presidentg would be out of order to call for a -- request a Second Conference Committee Report?
PRESIDING OFFICER: (SENATOR COLLINS) That 's in order.
25 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) The Senator is requesting a Second Conference be appointed. House Bi11 3261. Senator Macdonald. Madam Secretary. !
First Conference Committee Report on House Bill 3261. '
PRESIDING OFFICER: (SENATOR COLLINS) Senator Macdonald.
Thank you, Madam President. 3261 puts back into the bill a11 of the Senate amendments that were added to it. It passed out of the Senate 55 to nothing. It also adds Senate Bill 1892 to this, and that is the bill which provided for counseling remedy for minors who are sexually assaulted or abused by an acquaintance, neighbor, date or person in position of authority. So I urge your passage.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall the Senate adopt the First Conference Committee Report to House Bill 3261. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted kho wish? Have a1l voted Who wish? Take the record. On that question, there are 58 Ayesz no Nays, none votin: Present. Having received the required constitutional majority -- the Senate does adopt the First Conference Committee Report to House Bill 3261. And this bill, having received the constitutional majority, is declared passed. House Bill 3266. Senator Marovitz. House Bill 3315. Senator Marovitz. House Bill 3483. Senator Severns. Madam Secretary, read *he bill.
First Conference Committee Report on House Bill 3483.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns. 26 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
Thank you, Madam Presidentz Members of the Senate. This Conference Committee Report meets the concerns that Were raised originally in committee when this bill was heard. It removes , limitations for persons, associations or partnerships engaged in i the business of collecting child support ordered by the court. It provides that an individual can be contacted more than once a week, and that that employers -- that individual's employer can also be contacted in an effort to collect child support. I believe the Conference Committee Report made a good attempt to address the concerns that were raised originally in the Senate committee. I know now of no opposition, and Would move for a favorable vote.
PRESIDING OFFICER: (SENATOR COLLINS) WAND-TV requests permission to record the Session. Is permission granted? Hearing no objections, permission is granted. Further discussion? If not -- Senator Fawell.
Thank you. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR COLLINS) She indicates she Will yield.
For the legislative intent, We are definitely limiting this to people who are in arrearage for child support. They cannot add on the fact that he also owes for a car and what have you. Am I right?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns.
That is absolutely correct, Senator. Those provisions have been deleted.
PRESIDING OFFICER: (SENATOR COLLINS) 27 STATE OF ILLINOIS 87th GENERAL ASSEMBLY 4 REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 i Further discussion? Senator Severns, to close.
T would just ask for a favorable vote. Thank you. PRESIDING OFFICER: (SENATOR COLLINS) I The question is, shall the Senate adopt the First Conference i : Committee Report to House Bill 3483. Those in favor will vote i l Aye. Opposed, Nay. The voting is open. Have all voted who wish? i I Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none -- none voting Present. And the Senate does adopt the First Conference Committee Report, and House Bill 3483, receiving a constitutional majorityz is declared passed. House Bill 3495. Senator Jacobs. Madam Secretary .
First Conference Committee Report on House Bill 3495.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.
Thank you: Mr. -- Madam President, Ladies and Gentlemen of the Senate. I ask fot support of House Bill 3495. We succeed -- we recede from Senate Amendments l and 2. Senate Amendment 1 was an amendment by Senator Madigan, and that's going on another bill, as I understand in conversation with him . And then We add back in Senator Hawkinson's amendment, and thls has to do with waivin: of written administrative orders of the chief judgez upon written request and affidavit of the State's attorney of their county within the circult, affirming certain facts. And I ask for i*s support.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? If not, the question is, shall the Senate adopt the First Conference Committee Report to House Bill 3495. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have al1 voted who wish? Take the 28 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 record. On khat question, there are 58 Ayes, 1 Nay, none voting Present. The Senate and the Senate does adopt the First Conference Committee Report to House Bill 3495. And having received the required constitutional majorityy House Bill 3495 is declared passed. Chicaqo Tribune requests leave to -- for still photographs. Is leave granted? Hearing no -- hearing no objectionz leave is granted. Top of page 21. House Bill 3586 <sic> (3568). Senator Dunn. Madam Secretary.
First Conference Committee Report on House Bill 3568.
PRESIDING OFFICER: (SENATOR COLLINS) 3568. Senator Dunn.
Thank you, Madam President. This Report contains the original language of House Bill 2798, which permits a bank to purchase unrated securities of public agencies. This provision was and is supported by the Commissioner of Banks and Trusts. The other provision is that it permits the Commissioner of Banks and Trusts to intervene in a court or administrative proceeding to obtain a protective order to protect the confidentiality of a bank report. I think a1l conferees, except Senator Butler, signed the Report, and it was only because he didn't have a chance to sign it, due to the -- the craziness of last night. So I urge a favorable vote.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Keats.
Just as Minority Spokesman, there was some concern about allowing the investment of unrated securities - something we'd done in the past. We met with the Commissioner and the industry and made very clear that we felt it was inappropriate that unrated securities be bought without any backup, and so there is a policy letter that will come out from the Commissioner of Banksz 29 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 explaining that if there's any question on any of these, he has the right to review them . He sets standards to know what they are. Pretty reasonable provision, and I commend all of us for getting that bill put together. Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Dunn, to close.
Thank you. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report of House Bill 3568. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who Wish? Have all voted Who Wish? Take the record. 0n that question, there are 58 Ayes, no Nays, none voting Present. And the Senate - - having received the constitutional majority, Senate does adopt the First Conference Committee Report of House Bl11 3568, and this bill, having received the -- a majority, is declared passed. House Bill 3598. Senator Davidson. House Bill 3707. Senator Schuneman. Madam <sic> Secretary.
ACTING SECRETARY: (MR. HARRY) Pirst Conference Committee Report on House Bill 3707.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Schuneman.
Thank you, Madam President and Members. This is the bill that would ban the use of radar detectors in heavy trucks. The House refused to concur with the Senate amendments, and the bill has gone back and forth between the House and the Senate, but now is basically in the same posture that it was when it was originally introduced, except for two principal changes. There has been some reduction in penalties, so that the conviction for the second offense has been reduced from two hundred and fifty dollars to one 30 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 hundred dollars. The bill also originally provided for the seizure of radar detectors. And under ehis version now, the detector would only be seized on the second offense. So basically, the bill is as it was introduced here. Also, there is the provision that would make this a secondary offense, which was requested when the bill was before committee here. I think that the bill now addresses the objections of the manufacturers. It has the support of one of the trucking associations in Illinois, and is probably in as good a condition as we can get it for passage.
PRESIDING OFFICER: (SENATOR COLLINS) Discussion? Senator Watson.
Question of the sponsor, please. Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he Will yield.
I1m sorry. I was off the Floor when the debate began, and I don't know if the Senator mentioned - is the provision in here that would have prohibited people who are stopped at traffic stops from receiving a ticket for either the radar detection violation or a seat belt violation? Is that...
PRESIDING OFFICER: (SENATOR COLLINS) Senator Schuneman.
No, Senator. That -- as you recall, khere were two amendments adopted in the Senate. The one Was the agreed amendment that we agreed to when it was in committee, about the -- about it becoming a secondary offense. The other amendment was not concurred in by the House and is not in the bill at this time.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson. 31 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
Well, I originally supported this legislation because I -- I felt that the impact of prohibiting individuals, the motoring public in Illinois, from being ticketed for a seat belt violation during a traffic stop was important enough to me to support the legislation initially. Of course now, if this passes, a part of that amendment would have been to prohibit radar detector tickets being issued during a -- during a traffic stop. So, with that -- With that language out, now I'm unfortunately going to have to oppose the legislation. I -- I Would hope that a message has been sent to the 1aw enforcement community throughout this State that maybe some of us don 't really appreciate traffic stops and ticketing those people who are violating the seat belt law, and now we have the radar detector law. So I have a real problem with -- with what's been going on out there with some of our 1aw enforcement community. But anywayy 1111 be voting No.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Schuneman, to close.
Well, thank youz Madam President. I think I want to make tWo points in closing. Pirst is that this bill only applies to heavy trucks and does not apply to those passenger cars that might be using radar detectors, and I think the passenger cars Were one of the -- the principal concerns of Senator Watson, Senator Hawkinson and others, who wanted to go beyond the subject of radar detectors and restrict the enforcement of seat belt laws in Illinois. So bear in mind khat this only applies to heavy trucks - those twenty-three thousand pounds and over. is an initiative of the Secretary of State. They uorked on this issue for a long time, and I would hope that we could pass this at this time and see kf. in fact, this will have an impact on speeding trucks in Illinois. I urge your support. 32 STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION ' SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 i ;
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report to House Bill 3707. Those in favor will vote Aye. Opposed, Nay . The voting is open. Have a1l voted Who Wish? Have all voted who Wish? Take the record. On that question, there ' are 46 Ayes, 11 Nays, none voting Present. And the Senate does adopt the First Conference Committee Report to House Bill 3707, and this bill, having received the required constitutional majority: is declared passed. House Bill 3739. Senator Topinka. Mr. Secretary. ACTING SECRETARY: (MR. HARRY) I Pirst Conference Committee Report on House Bill 3739. I !
PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka .
Res, Madam President and Ladies and Gentlemen of the Senate, in this Conference Report We are concurring with the first three Senate amendments and receding from the last two. The last two were those amendments which tried to put together something on supernumeraries in the Chicago school system. They are now out of the bill. So I repeat: the supernumerary issue is out of this bill in total. So what this bill finally does do, and I would stress it started life as a Legislative Audit Commission bill and it affords community colleges sixty days to respond to an Illinois Community College Board recommendation to discontinue an educational program prior to final action by the ICCB. And this does allow for an appeal process to that community college. It allows community colleges to appeal the ICCB decisions. It provides a five-year transition period so that indeed the community colleges of Illlnois can adopt the Uniform Pinancial Accounting System that was established by the ICCB and recommended by the Legislative Audit Commission. The second part is What we 33 I STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 131st Legislative Day July 1, 1992 aall the Rigney amendment, and this would allow a school in Senator Rigney's district - but it would be applieable now to a1l schools, through a frontdoor referendum to be able to levy their maximum so as to accumulate capital for six years, thus being able to buy property or a school building, a school site or both . Also, the third amendment that We have added into here is something that the Morton High School District in Cicero has asked for, and that is basically a mirror of something that is defined in the School Code, which is educational facilities that can be leased. That would inelude buildingsz rooms, grounds and appurtenances used for schools or for school adminlstration. I think everybody is signed off on the bill, and I would seek your favor -- your -- good vote. PRESIDING OFFICER: (SENATOR COLLINS) Senator Topinka has moved the adoption of the First Conference Committee Report to House Bill 3739. Discussion? If not, the question isz shall the Senate adopt the First Conference Committee Report of House Bill 3739. Those in favor kill vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, 2 Nays, 2 <sic> (1) voting Present. And the Senate does adopt the First Conference Commlttee Report to House Bill 3739, and this bill, having received the required constitutional majorityz is declared passed. House Bill 3746. Senator Jones. Madam Secretary. Mr. Secretary. ACTING SECRETARY: (MR. NAQRY) Tirst Conference Committee Report on House Bill 3746. PRESIDING OFPICER: (SENATOR COLLINS) Senator Jones. SENATOR JONES: Yeah. Thank you, Madam President and Members of the Senate. move the Senate adopt the First Conference Committee Report on 34 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 House Bill 3746. In the Conference Committee, the bill allows a multiple trailer used by large freight companies to use the converter dolly. Also included in there is that a corporation must carry commercial insurance for bicycle messenger services. It also prohibits the vehicles manufactured before January 1, 1992 <sic> from having tinted windows installed on the left or front windows or the windshield. And the exemption is granted for those cars which already have tinted windows before January 1, 1992 <sic>. Illinois State -- I mean, Police. It adds definition to ''refuseo'' And also in here on page -- I want to read for the record, on page -- on page 14 of the bill, that when a hauler is paid by a generator or receive material without cost, the Weight exemption continue to apply. This piece of legislation had been worked out between the trucking industry, Illinois State Police, and I ask for a favorable vote on this Conference Committee Report.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones has moved the adoption of the First Conference Committee Report of House Bill 3746. Discussion? Senator Keats.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield.
Okay. The amendment that Was 3790 held in the Rules Committee Ehat has to do with prohibiting commercial bicycle messenger services from operatinq unless they've got liability insurance - that's -- that's reasonable; I don't have any trouble With that. But then at the end - this is what I'm unclear of, and I'm just asking to be sure - it said it applies only to service in a city of more than tWo million. Do you mean the liability insurance or do you mean are we banning these bicycle messengers in towns 35 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 smaller than two billion Ksic>?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones.
The insurance.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Keats. Further discussion? Senator HaWkinson.
Thank you, Madam President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR COLLINS) Indicates he will yield.
Senator: with regard to the tinted window issue, as I understand it, this bill only prohibits pre-l982 cars from putting additional tinting on and in no way says that if they purchased a car manufactured before 182, they cannot maintain Whatever tinting was already on it. Is that correct?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones.
Yes, you are correct. You're correct.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Kelly.
Senator Jones, does this relate to the local fines did the Municipal League sign off on this?
PRESIDING OFEICER: (SENATOR COLLINS) Senator Jones.
Yes, Senator Kelly, the Municipal League has signed off on -- on this piece of legislation.
PRESIDING OFFICER: (SENATOR COLLINS) 36 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Further discussion? Senator -- Senator Kelly. E !
! Is there anything in here about tripling the trailers at all? PRESIDING OFFICER: (SENATOR COLLINS) I I E l Senator Jones. j I
I Just the dolly converter issue that allows one to drop a I ! i trailer and move so -- to clear up a -- a conflict in the lawr the : ! Motor Vehicle Code, so that one could be legal in doing what is i common practice. And it's a reconmendation by the State Police. !
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones, to close.
I just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report to House Bill 3746. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted Who Wish? Have all voted Who wish? Take the record. On that question, there are 51 Ayes, 4 Nays, 2 voting Present. And the Senate does adopt the First Conference Committee Report to House Bill 3746. ! And having received the required constitutional majority, House Bill 3746 is declared passed. House Bill 3828 <sic> (3882). Senator Munizzi. Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) First Conference Committee Report on House Bill 3882.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Munizzi. I I SENATOR MUNIZZI: ! Thank you, Madam Presidentp Ladies and Gentlemen of the ( i Senate. In its original form, House Bill 3882 authorizes school : l boardstodeveloprecyclingprograms in district offices. The j 37 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Conference Committee Report adds a provision that reduces the amount of reserves that the Chicago School Finance Authority requires the Board of Education to maintaine and changes the effective date till February 1 of 1993 <sic>. I ask for a I favorable roll call. I
PRESIDING OFFICER: (SENATOR COLLINS) Senator Munizzi has moved the adoption of the Eirst Conference Committee Report of House Bill 3828 <sic> (3882). Discussion? Senator Karpiel.
Well, thank you, Madam Chairman. I stand in opposition to this bill, particularly at this time. Pirst of all, I'm opposed to it because the Chicago School Board can do this if they wish. It doesn't have to be done legislatively. The only reason it's being done legislatively is because it has to get the approval of the School Finance Authority in Chicago, which it doesn't have. And that's Why theylve come to Springfield looking for this permission. I'm also opposed to ik because there is another Conference Committee Report being worked on that Would put this language into it, which would help out Chicago presumablyy but they Would also put some language in thak would help out Downstate schools, dealing with our transportation rates. We had that bill in the Senate. I believe it passed out of the Senate and never went anyplace in the House. And those of us from Downstate -- and it helps about seventy-five percent of Downstate districts - the transportation rate. So I would -- I would prefer to vote No on this bill and hopefully revisit it on a new conference committee, where we can all have something to take home to our school districts.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Brookins. SENATOR BROOKINS I : j 38 STATE OF ILLINOIS l 87th REGE UN LE ARAL SEA SSS IO EM NBLY SENATE TRANSCRIPT 131st Legislative Day July 1z 1992 Thank you, Madam President, Members of the Senate. I rise in support of this bill. We found during the crisis last year that the Authority refused to reduce the amount of reserve and allow the Board of Education to use that money to open their schools. It Was praven through evidence and documented that they did not need the large amount of reserves that they was holding, and they Wanted to reduce it down to a hundred thousand dollars, rather than -- million doklars, rather than the hundred and fifty million dollars that they dre holding. Theylre holding more of a reserve for the Chkcago public schools than the State of Illinois is holding as a resetve. And therefote, this bill is in ordere and I move -- and support kts adoptkon. PRESIDING OFEICER: (SENATOR COLLINSJ Further discussion? Senator Palmer. SENATOR PALMER: Thank you, Madam President. I too stand in stron: support of this bill. We workeö very hard to have this same measure passed last year. I'm glad to see that it has come before us and that we have an opportunity to vote for and I suggest that we do so. Thank you. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Lechowicz. SENATOR LECHOWICZ: Ladies and Gentlemen of the Senate and thank you, Mr. President this is a very important item for the Chieago school system . As you all know, the finance committee that was created about ten years ago has established certain rules and regulatkons which during good times are suffkcient, and everybody should try to abide by them . The State of Illinois has been placed in the same position. We just transferred funds from other accounts in order to try to get some addttional revenue Within the State of Illinois General Revenue Fund, and what we're trying to do here in 39 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 the Board of Education is to decrease it by thirty-five million dollars. This will give us a window of opportunity to make sure that the kids go back to school in September. There 's still going i to be a reserve, as we do have a reserve in State Government. And I think if anybody who's read theChicagopapersduring this i 1 crisis,asfarasthefinanceswithintheChicago school system, would agree that this is a needed bill, and I ask for your Aye 1 vote.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Schaffer.
Well, ackually I do read the Chicago newspapers: and I recall an article not too long ago talkîng about the property tax assessment-driven increase that the Chicago school system is going to get this year. I believe the figure was twenty-percent increase in one year? I thought the purpose of this reserve fund was to provide for the lean timesz and I figure if they are, in fact, knocking down a twenty-percent increase in assessed valuation-driven property taxes, things aren't too bad. Things aren't too bad . Maybe We ought to keep this money in reserve for a year When they don't get that kind of an increase. I suspect, at some point in the futurey those of you Who will be here in the future will hear part of the justification for some bailout will be: I'And remember: in î92 you took the money out of the reserve. Xou took the money out of the reserve, thereby justifying whatever the plan will be in the future.lî Hey, gang, 1 wish we had a twenty-percent increase to play with. Why don't We just leave a feW dollars in the till for the lean years?
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Holmberg. i SENATOR HOLMBERG: j I Thank you, Madam President. What are we doing here? Once 40 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SEGSION SENATE TRANSCRIPT 131st Legislative Day July lz 1992 again We are allowing Chicago to alter their finances, to take thirty-five milllon - think of it, thirty-five million out of their reserves. Let me tell you that there is another bill that has gone through this Legislature Which would have been very beneficial to Downstate schools. Do you remember the revision in the transportation formula? ôver eighty percent of your districts would have benefitted. would have been a little difficult for Chicago. We put a hold harmless in there. It Would have taken a while for them to become more cost-effective and to receive adequate reimbursement from the State. It was a very well-thought-out bill. It would have been very helpful to a11 of your schools, and it's been put on hold in the House. Why? Because the City of Chicago does not want DoWnstate to have a benefit unless it can find something that it can do for itself. There was some talk of eombining what this bill is trying to do with something for the Downstate schools in the way of transportation formula help for those cost-effective Downstate school districts that need to transport a1l of their students. This bill is not the one. This is strictly another benefit for the -- for the Chicago schoolsz taking thirty-five million dollars away from their reserves. Pay attention to this. Is this what *e want to do? I ask you to oppose this bill.
PRESIDING OEPICER: (SENATOR COLLINS) Further diseussion? If not, Senator Munizzi, to close.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Needless to say, this is something that we need to do . Contrary to -- to popular belief, it's not always something weld like to do; it's something we need to do. In the past, wefve taken money from other locations for State Government, as -- as Senator Schaffer referred to, and -- and that was something we had to do. Again, we didn 't like it, but it was something we had to 41 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 do. This will belp the Chicago Board of Education. It's money that they need. I ask for your favorable support to adopt this Conference Committee Report. Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report to House Bill 3828 <sic> (3882). Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wksh? Have al1 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 24 Ayes, 34 Nays, l voting Present. And the Senate fails to adopt the First Conference Committee Report to House Bill 3828 Isic> (3882), and the Secretary shall so inform the House. Senator Munizzi. The sponsor is requesting that a Second Conference be appointed. House Bill 3884. Senator Cullerton. Kr. Secretaty .
ACTING SECRETARY: (MR. NAPRY) First Conference Committee Report on House Bill 3884.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Thank you, Madam President and Members of the Senate. This is the trauma center funding bill that has been agreed to by a11 interested parties, including the hospital associations, the Department of Public Aidy the Department of Public Hea1th, the Municipal League and the counties. What happened with this bill - - as you may recall, the bill came out of the House saying that if the Supreme Court ever increased the required amount of bail above fifty dollars, that a five-dollar amount would go into the trauma center funding. And what happened is the Supreme Court, after the bill passed the Housey did indeed raise it to seventy-five dollars. So we went to a Conference in order to work out the fundinq formula. As before, the bill says that the monies that are to be imposed for the trauma center only kick in if the 42 ' STATE 0F ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT j 131st Legislative Day July 1, 1992 i ' actual fine exceeds fifty-five dollars. So we don't -- if the l i fine is less than fifty-five dollars, we keep the law the same way E it is now. When we -- when the fines do kick in, what happens isy half stays in the area in the eleven -- I think it's eleven trauma regions, so that the money collected from Kankakee would stay in Kankakee, and Galesburg would stay in Galesburg, et cetera. The other half is put into the Medicaid Assessment Program, which is matched, of course, by the Federal Government, and that payment methodology is treated based on the total number of Medicaid trauma admissions. The percentages that have been Worked out have ! been agreed to by al1 of the -- the groups that now participake in i the fines, and I'd be happy to answer any questions. I believey as I said, it's a good way to fund - and a constitutional way to fund - our trauma centers that we have been unable to fund through general revenues, and appreciate an Aye vote. PRESIDING OFFICER: (SENATOR COLLINS) Cullerton has moved the adoption of the Pirst Conference i Committee Report to House Bill 3884. Discussion? Senator Raica. i SENATOR RAICA: i I Thank you, Madam President and Ladies and Gentlemen of the I Senate. I Would like to ask the sponsor a question as far as I legislative intent, please. I . PRESIDING OFFICER: (SENATOR COLLINS) q He -- he indicates he Will yield. SENATOR RAICA : Senator Cullerton, as you know, there was some question from the Illinois Local Governmental Law Enforcement Officers' Training Board regarding the one Section of the law. Can you tell me what the legislative intent is for adding the court supervision language into the Clerks of Court Act, please? ! I PRESIDING OFFICER: (SENATOR COLLINS) ; Senator Cullerton. I ; 43 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l31sk Legislative Day July 1, 1992 i
Yes . This bill, House Bill 3884: is enacted and written With i ; the intention of including a11 cases with dispositions resulting in supervision, including traffic schools authorized by Supreme Court Rule 529, which require offenders to pay monies to the circuit clerk's office.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Raica.
No. Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Welch.
I have a question of the sponsorz too.
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he Will yield.
Senator Cullerton, you said that the fines will be distributed based on eleven regions. Is that correct?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Half of the fines. Fines are split in half and then they 're distributed to the Department of Public Health, which then go to the eleven trauma regions.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Welch.
The other half of the fine then goes into a fund that is matched by the Federal Government. Where does that money then go? Does it go to al1 these disproportionate-share hospitals?
PRESIDING OFFICER: (SENATOR COLLINS) 44 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Senator Cullerton.
The payment methodoloqy shall be determined for the adjustment payments - and those are called adjustment payments by dividing the available funds from the Trauma Center Fund by the total number of Medicaid trauma admissions for the most recent fiscal year. So, I -- that's the best answer I can give. The answer, I believe, is yes, that they -- they go through that formula .
PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch.
What we have here is a fee -- or a fine being added to traffic tickets throughout the State of Illinois. Half of it stays in the local community; half goes to the State and goes to those disproportionate-share hospitals. I Would assume that the traumas are proportionate among the State, similar to Medicaid patients going to those disproportionate-share hospitals. So basically what you 've done is youfve made a compromise so that fees throughout the State - half go local; half go to a State fundy are matchedz and then go to disproportionate-share hospitals. Is that what you dve done?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Well I -- I don't think that trauma -- the only correction to that -- possible correction is that don't think that disproportionate-share hospitals equate with the trauma center hospitals. I think -- there 's a trauma network which has Medicaid patients come in, and I think -- they don't necessarily coincide with disproportionate share. But the basic concept is: yes; that half stays in the region. The other half goes to Medicaid -- it's - - for matching, and then is reimbursed in that fashion. 45 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Jacobs.
Thank you, Mr. -- Madam President, Ladles and Gentlemen of the Senate. I think the idea behind this is very noble, but don't know how many of you have done your math on thisr and We're doing this in the name of trauma centers. But whenever you really boil it down -- makes look like twenty-five dollars of the twenty-five dollars, basically, is going to the trauma centers. But when you get down to the nitty-gritty, to the Trauma Center Fund, out of every twenty-five dollars or the increase of kWenty-five dollars, there's only about eight dallars and twenty or eight dollars and twenty-five cents, with quick math, that is going to the Trauma Center Fund. So, I -- I just -- I guess with that, I'm asking the sponsor if, in fact, that is correct. Whenever you take the share that goes to the State Treasurer's Office, that 6.948/17 of the -- goes to the Trauma Center Fund, and my math figures out about eight and a quarter. Is that correct?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Well, maybe I'm going to try to understand your question by answering kt this way: First of ally remember. this Trauma Center Fund does not kick in if the fine is less than fifty-five dollars, and *he fine, up until *wo weeks ago, was fifty dollars. At least the amount of bail that can be charged. Ncw the Supreme Court has made that seventy-five. So as a concession, to make sure that this money is viewed as the neW money, wedre saying that kt doesn't kkck in tkll it's fifty-five dollars. Okay? When it ls above fifty-five dollars, then the percentage that's designed or earmarked for the trauma was to be -- was based on the fact we 46 dl STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 wanted to raise about five dollars. Out of a total of seventy-five, we wanted to raise about five dollars. And there is a five-percent amount that goes for administrative costs; kwo and a half percent to the State; two and a half percent to the clerks for collecting it. But the -- the amount of money -- conceptually, thls money, it didn't go to the trauma centers, would go to the people that receive it now, and that would be the county, the city and then the Attorney General's got a little bit, the Law Enforcement Advisory Committee and -- I think there's something for the Secretary of State's Office. So they have agreed that of this new money, they dre willing to give up a little bit of the new money in order to :et the trauma centers. NoW all those participants will end up getting more money because of the Supreme Court's action.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.
Just as a follow-up, guess. Let me ask it another way, then. appears to me that, depending on whether you dre talking about the twenty or the twenty-five# we dre talking anywhere between probably eight and seven dollars going to the State Treasury. And of that, that's going to be split - fifty percent to the Department of Public Aid and fifty percent to the Department of Public Hea1th into a Trauma Center Pund. HoW much of that then will end up getting back to the trauma center?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
All of 1t, except five-percent administrative costs, will go to the trauma center. Half will go to the Department of Public Health for them to keep within their regions. The other half will go to the Department of Public Aid, which will then be matched and 47 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1992 go through the Medicaid Reimbursement Program .
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jacobs.
Excuse me. Just once again to the bill, then: What Ifm trying to get throughr I guessg is that When we end up, out of the twenty-five dollars that we are trying - or twenty dollars, whichever *ay you Want to look at it - increase in fkne that We are selling -- on the basis of a trauma center payment -- of that, only about five dollars will end up back at the trauma centers.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
We 're trying to take about fkve dollars out of a seventy-five- dollar fine to go to the trauma centers. Now What that means Gtatewide is about -- after you match it with the Eederal Government, it's about seven million dollars that'll go to the trauma centers, and that's seven millkon more than -- than is going there now.
PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Jones.
Yesy will the sponsor yield?
PRESIDING OPEICER: (SENATOR COLLINS) He indicates he will yield.
Senator Cullerton, I questioned you on this before, and you indicated to me that the Supreme Court raised the amount of the fine for a movinq violation.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
48 STATE OF ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT ! 131st Legislative Day July 1, 1992 i Yeah. They raised the amount of the bail that can be charged, and that will have the effect of -- from fifty to seventy-five dollars. So people will have to post seventy-five dollars, rather 1 ! than fifty dollars. That's what theydve done. And so what this bill does is to take -- attempt to take five dollars of that additional twenty-five that would be posted for baily if someone's convicted. They have to be found -- convicted. 1
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones.
So -- but the fine itself, that's left up to the court jurisdiction as to What the fine shall be, right?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Yes, and we do not -- and if the court keeps the fine at fifty-five dollars or less, then this bill does not apply. It's only if that court increases the fine above fifty-five dollars does the Trauma Center Fund benefit.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Jones.
Well, that being the case then, 1'11 still stand in opposition to it, because again, as I indicated to you, those citations handed out are handed out on a discriminatory basis. And out where I'm at, there are no trauma centers, but these are the persons who will be payin: for them on the Far South and Middle South Side of the City of Chicago. They are the ones you 'll be seeing in traffic court paying these increased fines, but they do not have access to trauma centers, because there aren 't any out there. And I don't intend to vote for it. i
PRESIDING OFFICER: (SENATOR COLLINS) 49 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION j SENATE TRANSCRIPT E 131st Legislative Day July 1, 1992 ' ! ; Further discussion? Senator Fawell.
Thank you very much. Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR COLLINS) I 1 He indicates he will yield. I SENATOR FAWELL: ! 1 Senator Cullerton, I gather -- I'm looking at our analysis i i right now, and I gather what youive done is kind of reworked the i formula . We have always, I understand, given money to the Traffic E and Criminal Conviction Surcharqe Fund. We were always giving money to the Drivers Education Fund. You are now giving a small percentage - two-seventeenths - to the State Treasurer to administer this whole thing. Is that right?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton.
Yes, but we 've assured those participants, under the current law, that this will not kick in unless the fines exceed fifty-five dollars, so as to assure them that wedre only taking the money from the new money, if you willr that is being authorized by the Supreme Court's action.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Fawell.
So and -- and you still are -- for the monies that you collect locally, you are still Eaking fifty percent of Ehat and that stays in the local trauma centers, and then the other fifty percent you are taking and -- taking to the feds to have them match it, and then it goes back into the Trauma Center Fund Statewide and is distributed to the local -- to the -- to the trauma centers throughout the State, according to population?
PRESIDING OFFICER: (SENATOR COLLINS) 50 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Senator Cullerton.
According -- agree with everything you said, accordin: to the Medicaid admissions in the trauma centers.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Fawell.
We -- we had this bill in Local Government. I think. frankly, it's a good way to -- to fund our trauma cenkers. I khink this is a -- a problem that we have been looking at now for the last three or four years: and this seems to be the best way to do it. And therefore, I would urge my side to vote Aye for it.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Cullerton, to close. SENATOR CULLERTONI Yes, thank you, Madam Speaker and Members of the Senake. This bill did -- has already -- Madam President -- and -- I finally did it again - once a year. The -- the bill did pass unanimously over in the House already - this Conference Committee. It is a good constitutional way for us to raise some money for the trauma centers. A number of hospitals have unfortunately dropped out of the trauma system throughout the State because it's not cost-efficient. This hopefully will encourage some of those to rejoin the system. And againz even if you -- if you don't like the way this money is collected, it's going to be colleated anyway , and go to somebody else. Tbey have graciously agreed wikh us to allow the trauma centers to receive some of these funds, and I think as a result, it's a good bill. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report to House Bi1l 3884. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted Who Wish? 51 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ( 131st Legislative Day July 1, 1992 Have all voted who wish? Take the record. On that question, khere are 50 Ayes, 4 voting Nay, 3 voting Present. And the Senate does adopt the First Conference Committee Report to House Bill 3884. And having received the required constitutional majority, this bill is declared passed. House Bill 4049. Senator Berman. Mr. Secretary.
ACTING SECRETARY: (MR. HARRY) First Conference Committee Report on House Bill 4049.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman.
Thank you, Madam President, Ladies and Gentlemen of the Senate. I move that we adopt Conference Committee Report No. 1 on ! ! House Bill 4049. The bill does two things. It clarifies that i I constitutionally provided just ccmpensation guarantees shall apply to lawfully erected billboards, just as they do to all other forms of property. It also imposes statutory limitations on the construction of new billboards. This is in conformity with both federal and State constitutional provlsionsy and is similar to laws that have been enacted in twenty-eight other states. Be glad to respond to any questions l . i
PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman has moved the adoption of the First Conference Committee Report to House Bill 4049. Discussion? Senator Fawell.
Thank you very much. I would like to get some legislative intent in here. There is nothing in this bill - am I correct - that overrules any of the court decisions that have come down in the past couple years between Downers Grove, for instance, and the - - and the billboard companies. Is that correct? 1 .
PRESIDING OFPICER: (SENATOR COLLINS) Senator Berman. ! 52 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
I believe youlre correct. In fact, this bill is in conformity with a Supreme Court decision that just came down earlier this week regarding private property. do not believe that this is in - - contradiction to any current Illinois law.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Fawell.
Thank you very much. think there's a lot of pros and cons on this bill. I would suggest my side look at it carefully. There is some opposition to it, but I don't know that it's enough to defeat khe bill. Please look at it very carefully. The Dupage Mayors and Managers are against
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Davidson.
Madam President and Members of the Senatez I rise in support of this bill. It puts in place just compensation, but more importantly, they voluntarily put into the law raising the fee that they pay. Presently lt's five dollars. It goes to fifty, to a hundred, or two hundred dollars. They did that on their own. Secondly, spaces out the signs further in the municipalities. Presently it's a hundred feet. It now goes to three hundred. Out on the interstate, it goes to five hundred. They voluntarily have asked to reduce the size of their signs in major metropolitan areas by four hundred square feet. Presently its twelve hundred. They reduced it to eight hundred square feet. This is a good bill. This is in answer to the U.S. Supreme Court decision and agreement between the Highway Department and the billboard people. I urge everybody to vote for
PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman. 53 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR COLLINS) No. Furkher discussion? sorry, Senator Berman. thought you had a question. Senator Cullerton. Senator Cullerton.
Well, thank you, Madam President. The Municipal League and the City of Chicago is opposed to the bill. The bill was not something that had the benefit of committee hearings, and what the provision does that amends the eminent domain provision is certainly a little bit unclear as to the effect it might have. The point of the -- the bill comes to us from the outdoor advertising associations - the sign people - and What they want to do is to say that the cities must pay them when these signs come down. The question I think is, though, how much value, if any, they should be paid . And it's certainly unclear in my mind as to Whether or not includes just the brick and mortar of the signs: or whether or not it includes future revenues. The bottom line is that there's goin: to be a cost to the citiesz and as a result well, We know what happens When there's an additional cost to the cities. We know how they get their money from property taxesz primarily. The sweeteners that are put in, some of which don't even apply to Cook County, I don't think are enough to make this bill any better. There has been a recent Supreme Court decision - and When I say recent, it was like tWo days ago - that may be the reason why this bill is coming up now, but there's been some other recent Supreme Court decisions that have been very controversial. And I think our approach is to wait and see what they al1 mean, have a chance to study it and digest before we come in with legislation. So as a result, I -- I would indicate that the -- I know the City of Chicago is opposed, the Municipal League is 54 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 opposed, and it's something I think we ought to take a second look at. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Lechowicz. SENATOR LECHOWICZ: Thank you, Madam President and Members of the Senate. House Bill 4049, this Committee Report, brings Illinois in line with twenty-eight other states and the Federal Government in clarifying that constitutional just compensation guarantees apply to the lawfully elected Ksic> billboards, as Senator Berman pointed out: as far as the second portion of the bill. The previous speaker said who was opposed to the bill. Por the record, 1et me put in that the Illinols Retailers' Association are in support of this bill. The Illinois Railroad Association, the Illinois Retail Merchants Association, the Hotel-Motel Association: Patrick Media , 3M, Universal Outdoor, Gannett Outdoor, Whiteco, Key Outdoorz 0CI Outdoorz Illinois AFL-CIO, Painters District Council Local 830, Sheet Metal Workers Local 73, United Auto Workers, Bill Posters Local 477, United Brotherhood of Carpenters Local 1693, Automobile Mechanics, Machinists, Aerospace Workers Local 70l and the Operating Engineers. I really don't see this is a very bad bill. I think it merits your support. PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Butler. SENATOR BUTLER: Thank you, Madam Presidenk. I'm glad SenaEor Lechowicz jusE read the list. You know, there's one thing mlssing, Senator Lechowicz, and that's any community participation in this, or community approval. And theydre the ones that are being hurt. It isn't the guys who are going to make a big, fat buck on a billboard, and it isn't the unions, who are going to get a big, fat buck out of -- out of this. It's the communities. NoW the 55 ! I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 communities have bequn to Win minor court battles to control the I size and location of billboards. And what this does is just -- just solidify their position. Now thoseofyouWhoarenever 1 disturbed by a billboard in the middle of a neighborhood because it's along a State route, this should make you exceedingly happy . But think about all those communities Who would like to control billboards, particularly because they lre so ugly - think of what this does to them. So while youdre joyous in making a11 of these organizations and al1 the unions happy: just once in a while we ought to think about the people who are impacted. I would urge a No vote.
PRESIDING OPFICER: (SENATOR COLLINS) Further discussion? Senator Jacobs.
Thank you , Madam President, Ladkes and Gentlemen of the Senate. You know, I sit here and listen and I hear that our Municipal League and the Mayor of Chicago is opposed to this. And I Wonder, you know, hoW far are they out of step with the rest of the country, in some respects. Let me read to you here just something -- this is out of the 1965 Standardizing of Conflicting Laws, in many states and cities by requiring governments to provide just compensation upon the required removal of legally erected billboards on the interstate and Federal Aid primary highways, that these requirements were -- were reaffirmed. Then it goes into the fact that the U.S. Conference of Mayors - Which fs cities - stated -- and they urged the Department of Transportation to coordinate administration of the Highway Beautification Program, encouraged local removal of the illegal signs, affirmed local governments' rights to enact controlsy but more restrictive than federal requirements, and to explore relocation agreements from signs where appropriate, and to assist local governments in makin: compensation for billboard removal an 56 STATE OF ILLINOIS ! 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 appropriate element in local decisions. So the mayors and the cities have been on board with this. Why our local mayors or local Municlpal League is not, I don't understand, except they are ! getting more rigid than some of the pillars in this building, and I 1 I think we need -- this legislation to be enacted. I I
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Dudycz.
Thank you, Madam President. Questlon of the sponsor, please. Senator...
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he Will yield.
Senator Berman, currently, as current 1aw stands, what recourse do the billboard companles have if a municipality decides to remove that billboard?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman.
Well, every municipality controls billboards through the use of their zoning. So that what you have is Ehat a billboard that has been erected would be just like an old building; they change the zoning laws. It means that the previous prior existing I structures remain. They can't be improved. They can't be expanded upon and -- but in the future, they are controlled by zoning laws from the date of passage forward.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Dudycz.
Well, according to the -- some information I received, that it's not a bad idea . I mean -- thls bill does two things and try to make it simple for those of us who are not into the Municipal 57 STATE OF ILLINOIS 87tREGULAR hGENERAL ASSEMBLY SESSION 1 SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Code that much as the rest of us. It clarifies that the ; i ! constitutional just compensation guarantees apply to lawfully erected billboards as they do to other forms of property, and all other billboards that may be erected in the middle of the night or Weekends can be removed for any reason. And second of all, it imposes a statutory limitations on the construction of new billboards. That means they -- they -- they can set the size and the height of these billboards. Is that correct?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman.
Yes, sir. I l PRESIDING OFFICER: (SENATOR COLLINS) 1 Senator Dudycz. i 1
Well, I don't see anything wrong with it, and I think we should support it.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Rkgney.
Question of the sponsor. ln other states, what has been the 1 experience as you try to determine this so-called just compensation? What gets cranked into the formula?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman.
The measure of just compensation, in many cases, is a multiple - - is market valuez and market value in the sale and purchase of billboards is many times a multlple of the annual income of that parcel. So if youdre talking about a thousand dollars a year hypothetically for a billboard, the value of that blllboard might be three thousand, thirty-five hundred dollars. Threey three and I 58 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 a half times the annual rental is a fair market price used in determining billboard values. ( I PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Butler, for a second time. i i SENATOR BUTLER: Thank you. I apologize for rising the second time. Question of the sponsor. PRESIDING OFFICER: (SENATOR COLLINS) He indicates he will yield. SENATOR BUTLER: Senator, is it your contention - and perhaps there 's even legislative intent in this - that the local communities can dictate the size and the location and the height, et cetera, et cetera, of any billboard within their municipality? PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman. SENATOR BERMAN: This bill doesn't touch that. This billz in fact, limits the size of -- of billboards. Thatds the second part of it; it imposes limitations on the construction of new billboards. It also doesn't affect the rights of local municipalities. This is i not a preemptive bill as to zoning changes. And it only deals With legally established, legally constructed billboards - not 1 ! illegal billboards. PRESIDING OFFICER: (SENATOR COLLINS) Senator Butler. SENATOR BUTLER : Well, a further questlon. I'm -- I'm a little confused and perhaps the only person ïn this Chamber who ks. You're talking j I about legally -- legal -- legally conforming billboards. Are you i I saying legally conforming ta this standard, or legally conforming to the local municipal standard? 59 'M STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 PRESIDING OFFICER: (SENATOR COLLINS) ! Senator Berman. SENATOR BERMANI ' This bill applies to the question of just compensation for the purchase or condemnation or taking of billboards. It does not touch use of billboards, except it restricts the size of billboards. I'm -- I don't know if that's an answer to your question. Maybe I donlt understand what your question is.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman, to close.
Thank you, Madam President. I think from the questions that it's relevant to point out this: the U.S. Conference of Mayors supports this concept. The U.S. Supreme Court this week supports this concept. And the reason I'm sponsoring this billz Ladies and Gentlemen, is that it provides the same type of statutory protection that is afforded to every one of usz regarding our property and an improper taking of that property. Every legitimate buslness is entitled to the same constitutional protections. I solicit an Aye vote.
PRESIDING OPPICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Committee Report to House Bill 4049. Those in favor Wkll vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have all voted who wish? Take the record. On that question, there are 45 Ayes, 11 Nays, 2 voting Present. And the Senate does adopt the First Conference Committee Report to House Bill 4049, and this bill, having received the required constitutional majority, is declared passed. House Bill -- doesn't want to call. Top of page 22, House Bill 4078. Senator Severns. Mr. Secretary. 60 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July lz 1992 END OF TAPE TAFE 3
ACTING SECRETARY: (MR. HARRY) First Conference Committee Report on House Bill 4078.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Severns.
Thank you -- thank you, Madam President, Members of the Senate. have been advised that there mighe be some difficulties, as lt relates to federal funding, with language in this bill. And because of that, 1'd like to have a No vote and send this to a Second Conference Committee. See if we can get this issue resolved.
PRESIDING OFFICER: (SENATOR COLLINS) The question isz shall Senate <sic> (House) Bill 4078 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l vcted who wish? Take the record. On that question, there are 4 Ayes, 51 Nays, none voting Present. And the Senate fails to adopt the First Conference Committee Report to House Bill 4070 <sic> (4078), and the sponsor is requesting that a Second Conference be reported. And the Secretary shall so inform the House. House Bill 4163. Senator Marovitz. Mr. Secretary .
ACTING SECRETARY: (MR. HAPRY) First Conference Committee Report on House Bill 4163.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.
Thank you very much, Madam President and Members of the Senate. This is an important matter. Since this legislation was 61 STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 first introduced to provide the medical community with guidance on E what is or what is not a self-referral, we have received the input i of literally dozens of organizations and individuals throughout the State. This legislation addresses a growing concern throughout the country that health care workers who oWn a financial interest in health care facilities may - and I stress the word ''may'' - be overreferring their patients to those facilities, potentially resulting in overutilization of services, increasing health care costs, and creating the appearance of a conflict. This legislation is not - is not - aimed at those health care workers that actually provide their patients with cate. It is not aimed at the doctor that has laboratory or diagnostic equipment in his office or that of his groups. It is aimed at those doctors that refer patients to health care facilities in which they have a financial interest, and only a financial interest. This bill sets out to ban such self-referrals by identifying those circumstances where such a referral is inappropriatez and identifying when it's inappropriate. This bill is the product of many, many, many meetings with a11 interested parties to address the issue of self-referrals and what meets the needs of the medical community, the patient community, and the general public. The results of these meetings and discussions recognize the needs to accommodate rural communities and instances of demonstrated need, ownership of shares of stock in publicly traded companies - like perhaps a pharmacist owning shares in Abbott - HMOs whose inherent incentive, like khis bill9sg is proper utilization and controllinq health care costs, and doctor-owned hospitals. This bill empowers the Hea1th Facilities Planning Board to develop rules to address implementation and conditions for additional circumstances for exemptions to the Act. We have worked with the Illinois State Medical Society, and I applaud their efforts and their efforts of their lobbyists, who ! 62 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1y 1992 have put in innumerable hours to make this a bill palatable to everyone. Also, the Hospital Association and many, many other 1 groups throughout the State of Illinois who have Worked to bring everybody together and reach consensus on this legislation. It j passed the House Without a single negative votez and I would I l solicit your Aye vote. i !
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz has moved the adoption of the First Conference Committee Report to House Bill 4163. Discussion? Senator Davidson. '
Question of the sponsor. i ! ! PRESIDING OFFICER: (SENATOR COLLINS) l He indicates he will yield ; . j I SENATOR DAVIDSON: I Just so it's clear, my understanding is a private individual I practitioner who has X-Ray or other diagnostic equipment within his office - that practitioner is exempt in this bill. Is that I I correct? I PRESIDING OFFICER: (SENATOR COLLINS) l j i Senator Marovitz. k SENATOR MAROVITZ: i . That is absolutely correct, Senator Davidson. : I PRESIDING OFFICER: (SENATOR COLLINS) I Senator Davidson.
The other point, which may be only here, but I think there's I ! two doctor-owned hospitals kn theState. One's here,and one,I j thinkr is up in Suburban Chicago area. Are they exempt in this i ! bill? I 1 i PRESIDING OFFICER: (SENATOR COLLINS) i I senator Marovitz. ! ( 63 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1: 1992
Yes, they are, Senator Davidson. They were doctor-owned hospitals and they have been exempted. ; PRESIDING OFFICER: (SENATOR COLLINS) . Further discussion? Senator Brookins.
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he Will yleld.
Thank you. Senator Marovitz, it's my understanding that the reference of goods has been taken out of this bill, thus such items as eyeqlasses would not fall under this Act. Is that correct?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.
You are correct, Senator Brookins. There is no reference to goods. It Was only meant to apply to services. You are correct.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Brookins.
Further, it is my understanding that the proponents do not intend to include the service such as -- goods such as eyeglasses repair, refitting, grindingg so forth and so on.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.
That is correct, Senator Brookins.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator de1 Valle. 64 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 SENATOR dEL VALLE: Thank you, Madam President. A question for the sponsor.
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he Will yield. SENATOR dEL VALLE: Senator Marovitz, I have a hospital, St. Elizabeth, in my district. It is a hospital like others, serving nearly seventy percent Medicare and Medicaid patients in a federally designated Health Manpower Shortage Area. It is not a wealthy hospital, and cannot afford to go through the expense of lengthy certificate of need proceedings in order to obtain approval of a joint venture with its doctors for needed hospital replacement equipment. My question is, does this legislation, aside from the stated ninety-day limit for department decisions, carry with it a mandate for the department to establish special application procedures that are simplified and are put on a faster track for physicians participating in such physician-hospital joint ventures, particularly where they involve equipment purchases below the current department CON thresholds?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.
Yesz Senator de1 Valle. The bill requires - and it's our intent - to have the department establish a streamlined - and I emphasize that - streamlined fast-track decision process for the types of transaction that you describe. The department should not require more than thirty days for such applications - that's our hope - and we do not intend with this bill to limit access by our needy hospitals to fknancing of hospital replacement equipment, which is so important to their patients.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Geo-Karis. Senator Geo-Karis. 65 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July lz 1992
Sponsor yield for a question?
PRESIDING OFFICER: (SENATOR COLLINS) He indicates he Will yield.
Is there any provision in your Conference Report for doctors who tell their patients that they have an interest, let's say in a radiology unit, and make it very clear to them? Is there any provision for those who do that? mean, as long as theydve told their patients, ''Look, I have an interest in X Laboratory, and if you'd like to have your X-rays done there, I just Want you to know that I do have an interest in there.'î Is there any provision for that in your -- as an exemption in your bill?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.
No, that is not the purpose of the bill.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Geo-Karis.
Mr. President Madam President and Ladies and Gentlemen of the Senate, I -- think it's not fair to doctors who are open and aboveboard and reveal the connection with any laboratory to their patients, and are very open about I don't think it's fair to restrict them. I understand under the bill they'd be restricted. In three years, they'd have to stop their laboratories. I Wonder if that's fair.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Watson.
Thank youz Madam President. A question of the sponsor, please. 66 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
PRESIDING OFFICER: (SENATOR COLLINS) i Indicates he will yield. SENATOR WATSON: ! I Senator, I heard you mention pharmacists and Abbott Laboratory stock. What is the impact that this has on pharmacists? Is this just solely pharmacists, or is this pharmacists who own i I drugstores? Can this be a hospital pharmacist? What's the impact that this has on a pharmaclst?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.
It is my opinion that it Would have no effect on pharmacists whatsoever. Pharmaceuticals -- all pharmaceuticals are considered goods, and they are exempted from the Act. They are not -- this Act does not apply to goods at all.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Watson.
Well, your reference to a pharmacist owning Abbott Laboratory stock - what was that about then?
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz.
That was just an example of something that wouldn't apply. That's -- that was the point.
PRESIDINC OFPICER: (SENATOR COLLINS) Senator Marovitz, to -- Senator Watson.
Well, I may have a conflict of interest on this issue, and I'm probably going to vote Present. Thank you.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Marovitz, to close. 67 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
! Bless you. This is a very important issuez and We have worked i with the Medical Society, who is totally on board and supportive l of this legislation, and the Hospital Associationz a1l interested parties. I think this is a good example of everybody coming together for the better good of the public, and I would solieik your Aye vote.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First House -- Committee Report to House Bill 4163. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted Who Wish? Have a11 voted who wish? Take the record. On that questiong there are 53 Ayes, 2 Naysz 4 voting Present. And the Senate does adopt the First Conference Committee Report to House Bill 4163, and this billz having received the required constitutional majority, is declared passed. House Bill -- Senate Bill -- 221. Senator -- 0h, Senator Kelly. Madam Secretary.
First Conference Committee Report on Senate Bill 221.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Kelly.
Thank you, Madam President. I would move to concur in Conference Committee Report No. l on Senate Bill 221. This bill I've discussed with Senator Fawell, refers to various city and township -- this is being used as a vehicle for numerous agreed bills. The first concept which was taken out of the bill originally was the coterminous language, which, because of eourt action, is not needed. What's contained in this bill are agreements. Among those are: (l) Extends the sunset date for the Illinois Council of Forestry Development from December of '93 to December of 198. (2) Provldes that property tax revenue collected 68 STATE OF ILLINOIS 87th GENERAL ASSEMBLX ! REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 from qsie> (for) cemetery maintenance may be used for cemeteries controlled, managed and owned. (3) The annual financial report and inventory a township highway commissioner must make to the board of town trustees the Wednesday immediately preceding the i annual meeting -- town meeting shall be made within thirty days. i (4) Streamlines the process under which township property may be sold or leased, by adopting a resolution by the electors at the ! regular or special town meeting. (5) Tt permits a voter to participate in a primary of a stateuide political party and then participate in a township caucus of a local political party. (6) Commission county boards shall have the same meeting requirements as counties having the same -- having the township form of government. (7) The Crystal Lake Civic Center Authority shall consist of the munieipal boundaries of the City of Crystal Lake, rather than School District 47. (8) Permits a public building commission to rent a certain facility to any State agency or political subdivision of any state or any municipal corporation with which is entered into an interqovernmental agreement. (9) Permits the Dupage Porest Preserve Dlstrict to contract the production of electricity from methane generated by a landfill to a private corporation. (10) Codifies Park District Code language concerning backdoor referendum. (11) Requires assessor districts with a population greater than fifteen thousand to appoint a qualified assessor. Requires districts to contract with a qualified assessor to fill that vacancy. (12) Permits: in limited circumstances, certain municipallties in Cook County to purchase, lease, et cetera, senior citizen housing. (13) Authorizes township and road districts to sell real estate and personal property with a certified MAI appraisal or general certified I appraisal. And lastly, it amends the Local Government Tax Collection Act to provide longer distribution intervals when the : i county treasurer's required distribution to a unit of local 69 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1: 1992 government are less than five dollars. I move for the adoption of Conference Commlttee Report No. 1. Be glad to answer any queskions you might have. PRESIDING OPFICER: (SENATOR COLLINS) ! Senator Cullerton Ksic> (Kelly) has moved the adoption of the Conference Committee Report to Senate Bill 221. Discussion? @ Senator Fawell.
Thank you very much. Senator Kelly is to be commended. He has worked long and hard on this. There is agreement on this side. and I would suggest a1l vote Aye.
PRESIDING OFFICER: (SENATOR COLLINS) Purther discussion? If not, Senator Kellyg to close. Kelly.
Appreciate your support.
PRESIDING OPFICER: (SENATOR COLLINS) The question is, shall the Senate adopt the First Conference Commitkee Report to Senate Bill 221. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Take the record. On that question, there are 59 Ayesw no Nays, none voting Presente and the Senate does adopt the First Conference Committee Report to Senate Bill 221. And this bill, having reeeived the required constitutional majority, is declared passed. House Bill -- I mean, Senate Bill 250. I'm sorry. I'm sorry. House Bill 911. Senator Mahar. Madam Secretary. That's Senate Bill. I'm sorry . 911.
Pirst Conference Committee Report on Senate Bill 911.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar.
1 Thank you, Madam President and Members. This bill will be of 70 STATE QF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 interest to those Members Who represent Champaign, Bloomingtonz Oakbrook Terrace, Bradley, Effingham, Quincy, Carbondale, Richmond and Peru. And what it does is extend from March 15th of '92 to November 30th of '92 the date before which the four-sevenths of all monies paid into the Horse Racing Tax Allocation Fund are deposited with the municipality or park district hosting an off-track bqtting parlor. Without this amendment, the four-sevenths would go automatically to the Chicago Park Districty and I Would move the adoption of the First Conference Committee Report on Senate Bill 911.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Mahar has moved the adoption of the First Conference Committee Report of Senate Bill 911. Diseussion? If not: those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 54 Ayes: 4 Nays. none voting Present. And the Senate does adopt the Pirst Conference Committee Report to Senate Bill 911. And this bill, having received the required constitutional majority, is declared passed. Senate Bill 969. Senator Demuzio. Senator Demuzio? Madam Secretary.
First Conferenee Committee Report on Senate Bill 969.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Demuzio.
Thank you, Madam President, Ladies and Gentlemen of *he Senate. I believe this Conference Committee Report includes language that we debated once before for Senator Welch which, in fact, added the Dwight, Seneca, Ottawa, Lasalle-peru consolidation during 1980 for the incentives, apparently, with the -- due to the consolidation, I suspect. It also did a few other things that are noncontroversial. 71 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
A1l right. The Gentleman has moved the adoption of the Conference Committee Report on Senate Bill 969. Discussioé? Senator Welch.
Thank you, Mr. President. I just point out for the Members that this does not take any money this year. It puts these four diskricts in line to receive money. The reason they weren't in line is that the Legislature passed a bill encouraging consolidation. It passed by July 1st, but the Gcvernor didn't sign it until September 7th of 1990. In between that period of time, these four schools went through consolidation. Ilve talked to Senator Maitland. Senator Maitland is in agreement and supports the leîislation, and I would urge an Aye vote. PRESTDENT ROCE) Discussion? Any discussion? Senator Schuneman.
Thank you, Mr. President. Will the sponsor yield?
Indicates he will yield.
Senator, what -- eould you name these schools, please?
Senator Welch.
Yes. Lasalle-peru High School, Ottawa Township High School, Seneca and Dwight.
Senator Schuneman.
Does khat bring the reimbursement up to a certain date in the past? I've got a school in my district I know that is in the same 72 i STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 ' situation: where they consolidated and ean't get the State money. ! pRsslosxT Rocx: i ( Senator Welch.
What webre doing is just changing the date. If you consolidated after a certain date, then youlre in a pool -- then you're in the pool to get funds from the State. Riqht noW there aren't enough funds in the State to pay all the schools. I'm not sure what situation you're in, Senator.
Yeah . Thank you.
Further discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 969. Those in favor, voee Aye. Opposed, vote Nay. And the voting's open. All voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayesz 3 Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 969, and the bill, having received the required constitutional majority, is declared passed. Top of page 23. 1567. Madam Secretary, please.
First Conference Committee Report on Senate Bi11 1567.
Senator Cullerton.
Thank you, Mr. President and Members of the Senate. This Conference Committee Report calls for the Senate to concur with House Amendments No. 1 and 2, and adds new language that requires that any person or business acquiring a new or used vehicle to send proper documentation to the Secretary of State within twenty days; now it's fifteen days. It reduces the penalty for this 73 STATE 0P ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 violation from a misdemeanor to a petty offense. This is a request of the new car business -- I'm sorry. The extending the reporting time for the neW car business was a negotiation between the New and Used Car Dealers' Association and the Secretary of State. Secretary of State does, as well, support the other tWo provisions of the bill which require the -- which Was House Amendment No . 1, requiring the State 's atkorney to notify the clerk of the court when offenses have been committed that should result in a driver's license being eancelled or suspended by the Secretary of State. so that the clerk can notify the Secretary of State that the offense was committed while the person uas in conkrol of a motor vehicle. The second House amendment, which passed unanimously in the House, creates the Speeial Veterans' License Plate Pund. This is agreed to by khe Secretary of State, as well as the veterans' organizations. There had been some controversy with regard to the -- a misunderstanding: I believe, with regard to the provisions of the ''Land of Lincoln'' being removed from license plates. That kould occur only in those cases where the veterans have these plates and *e at the same time retain a11 the veterans' license plates that are there now. But hopefully this will have the effect of not having eo have any more special veterans' license plates. So, I would be happy to ansker any questions, and urge an Aye vote.
Discussion? Senator Dunn.
Thank you, Mr. President. Just to point out to the Body that this is a request on this amendment by the veterans. They're Willing to pay for 1t. And not speaking necessarily for the veterans, but it's something that theydre desirous of, theypre willing to pay for. I urge an Aye vote.
74 'j STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July lz 1992 Purther discussion? Senator Philip.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I have been informed that Secretary Ryan has a task force on license plates, and the reporting back date is December l of this year. It would seem to me - and I'm for this; you know I'm for this) I've voted for it every time - maybe we ought to wait for that task force to come back to us and make a reasonable recommendation.
Further discussion? All right. Take it out of the record. 1667. Senator Leverenz. Madam Secretary, please.
Pirst Conference Committee Report on Senate Bill 1667.
Senator Leverenz.
Thank you, Mr. President and Members of the Senate. I Wish to eoncur with the House Amendment No. l and Amendment No. 3. This is the one I've talked to the people on a Conference Committee Report that eliminates the Personnel Revolving Fund for CMS. And it Would deal with the back uages for State employees. Ask for your Aye vote.
All right. The Gentleman has moved the adoption of the Ponference Committee Report on Senate Bill 1667. DiscuGsion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1667. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Al1 voted who Wish? Have all voted who wish? Have al1 voted who wish? All voted who wish? Take the record. On that question, there are 56 Ayese no Nays, none voting Present. The Senate does adopt the 75 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Conference Committee Repore on Senate Bill 1667, and the bille having received the required constitutional majority, is declared passed. Senator Jones, on 1769. Madam Secretary, please.
First Conference Committee Report on Senate Bill 1769.
Senator Jones.
Thank yous Mr. President, Members of the Senate. I move the Senate adopt the First Conference Committee Report on Senate Bill 1769. Some of the provisions in the bill is that in the Liquor Control Act, a retail licensee are required to maintain *he original invoices or copies thereof covering purchase of liquor or -- on a licensed premise for a period of ninety days, except when the Liquor Commissioner grant a waiver in such cases. Also there is clarifying language in the Illinois Food, Drug and Cosmetic Act, and in that Act it'd create the Food and Drug Safety Fund for a1l subscription fees collected by the Department of Public Hea1th. There is languase -- clean-up language in the Barber, Cosmetology, Esthetics, and Nail Technology Act as relate to the grandfathering under legislation that is now 1aW for nail technoloqy. There is language in here as relate to the Dental Practice Act which passed this Body as relate to an approved exam being given in the -- in the region. Also, clean-up language for the Occupational Therapist Act, and therels clarifying definitions and additional language in the Illinois Pharmacy Practice Act, the Illinois Podiatric Medical Practice Acty Clinical Psychologist Act, and clean-up language as recommended by the Department in the Illinois Family and Therapist Act: as Well as the Department of Professional Regulation Administrakive Code procedures, and also an amendment to the Illinois State Finance Act which creates the Food, Drug and Safety Fund. These are many 76 STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 provisions contained within the Conference Committee Report, and I ask for a favorable vote.
Gentleman has moved the adoption of the Conference Committee Report on Senate Bill 1769. Discussion? Senator Dudycz.
Thank you, Mr. President. Senator Jonesz I -- I have a question regarding ehe Private Detective Act. Could you please expound on what you Were stating earlier? I'm sorry, I missed it. PRESIDENT ROCK: r Senator Jones. SENATOR JONES: I I didn't hear. I'm sorry. I didn't hear you. !
Senator Dudycz.
Yes, Senator Jones, could you please expand what you were sayinq on the Private Detective Act? I did not catch your explanation.
Senator Jones. I
Under that Act, it opens a window for an individual who had ! the qualifications but he meets certain requirements as it relates to statutory times within the Act. So what this does is open the window for that individual.
Further discussion? Senator Davidson.
Question of the sponsor.
Indicates he'll yield. 1 ! 77 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY , REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 I I SENATOR DAVIDSON: I i Senator Jonesz does this try and take care of some one individual on -- the Podiatrist -- Podiatry Medical Practice Act is amended to delete the requirement that a person successfully completin: an exam has only one year to apply for the licensure, and you dre deleting that?
Senator Jones.
No -- no, it doesn't. This is a recommendation came from the Podiatrists' Association, as well as the Department. Just a technical cleanup in the Act.
Senator Davidson.
That may be truez but -- I'm sorry if my handler used the wrong word, but it says you're deleting that requirement that they must apply for the license within one year of -- of completing the exam. And I thought that was kind of standard in a1l our professional licensure. After you passed the exam, you had one year to get khe license. Is ehat true or not true?
Senator Jones.
This is for everyone contained -- that applies within this Act. This is a recommendation come from the Illinois Podiatrists' Associakion and with the agreement from the Department. So thereforey it doesn't open a window for any one individual. This is for all applicants.
Further discussion? Senator Palmer.
i 78 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Thank you, Mr. President. A question of the sponsor.
Sponsor indicates he will yield, Senaeor Palmer.
Senator Jones, is there any opposition to the particulars in the Pharmacy Practice Act?
Senator Jones.
Not that I know of. Not that I knoW of.
! Purther discussion? Senator Fawell.
Will the sponsor yield for a question?
Indicates he will yield' Senator Fawell.
I have some people in my district that -- that order their drugs khrough khe AARP, the Association of -- Whatever it is -- for Aged Retired something or other. Will this require that organization to register as a pharmacy?
Senator Jones.
Not to my knowledge. I -- maybe Senator Watson could better answer Ehat question, because in discussion -- maybe he could answer that question for you. This was an addition put in the conference Committee Report, and when we met on it there was no opposition. The Pharmacists' Association was in favor of it. But that question I'm not certain of, and may I -- perhaps 1'11 yield to my colleague on that.
79 STATE OF ILLINOIS , 87th GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT i 131st Legislative Day July 1, 1992 Purther discussion? Further discussion? Senator Jones, you . wish to close?
I just ask for a favorable vote on the provisions within this bill. Most of them are -- all of them are agreed to by those who are affected, and a Yes vote on this Conference Committee Report. ,
Question is# shall the Senate adopt the Conference Committee i Report on Senate Bill 1769. Those in favor Will vote Aye. Opposed, vote Nay. And the voting 's open. A11 voted who wish? ( Have all voted Who Wish? Have a1l voted Who Wish? All voted who wish? Take the record. On that question, there are 45 Ayes, 6 ! Nays, 3 voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1769, and the bill, having ! received the required constitutional majority, is declared passed. 1939. Senator Demuzio. Madam Secretary, please.
Pirst Conference Committee Report on Senate Bill 1939.
Senator Demuzio.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bille as it was here in the Senate, created the r Audik Expense Fund Within the Treasury, and it Would provide for the transfer of costs to the -- by the Comptroller for audits that were conducted by khe Auditor General. It would have saved 2.7 million dollars in GRF funds. It passed unanimously, went to the House. The House then added an amendment by whlch it included the transfer of non-state Treasury funds and also income funds, which apparently there were a lot of objections to. And so basically What the Conference Committee Report attempts to do is to take that language out that was added by the Housez and basically puts 80 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 it in the same general form as it was when it left the Senate.
Discussion? Any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1939. Those in favor, vote Aye. Opposed, vote Nay. And the voting's open. A1l voted who wish? Have al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1939: and Ehe bill, having received the required constitutional majority, is declared passed. 1988. Senator Berman. Madam Secretary, please.
First Conference Committee Report on Senate Bill 1988.
Senator Berman.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1988 contains a number of items recommended by the State Board and added in the conference Committee in response to House action. I move that We accept the First Conference Committee Report. The bill deals with a number of items. Let me touch upon them. It adds greater flexibility for short-term borrowing by local school districts. addresses the consolidation of three districts up in Highland Park as to their operability. Provides for locations regarding the boys' basketball and girls' basketball tournament finals. Deals with the combined school district regarding the approval of the voters and new district employees. Provides for staff development and flex hours in the Chicago school system, and makes technical changes in the provisions regarding the formation of a combined school district. I solicit your Aye vote.
81 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July lg 1992 Discussion? Any discussion? If not, the question ise shall the Senate adopt the Conference Committee Report on Senate Bill 1988. Those in favor, vote Aye. Opposed, vote Nay. And the voting's open. A11 voted who wish? Have a11 voted Who Wish? Have all voted Who wish? Take the record. 0n that question, there are 54 Ayes, l Nay, none voting Present. The Senate does accept the Conference Committee Report on Senate Bill 1988, and the bille having received the required constitutional majority, is declared passed. 2233. Senator Berman. Madam Secretary, please.
First Conference Committee Report on Senate Bill 2233.
Senator Berman.
Thank you, Mr. President. Senate Bill 2233 amends the Code of Civil Procedure, has a number of items dealing with civil procedure in the court system . I will move for adoption of Conference Committee Report No. 1. It touches upon child support collections, the quick-take procedures for Lake and Dupage Counties for a limit of two years, constructive service and forcible evictionsz non-wage garnishment provisions, and dismissal for improper venue in the U.S. District Court. Be glad to respond to any questions, and I solicit your Aye vote.
The Gentleman has moved the adoption of the Conference Committee Report on Senate Bill 2233. Discussion? Senator Barkhausen. Barkhausen.
Mr. President and Members: you will note that Senate Bill 2233 has a number of provisions in it# as Senator Berman said. It deals mostly with the Code of Civil Procedure and mostly with items that came or might have come through the Judiciary 82 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Committee. I would note to the Members on our side of the aisle that even though there are several things in it, as Senator Berman mentioned, involves, among other things, quick-take powers from -- for Lake and Dupage Counties for storm and water management districts, that 1, as a spokesman for the committee and as a -- one of the Senators from Lake County, was not consulted. That Section of the bill deals generally With quick-take condemnation powers which, as al1 of us know, is, in general, a sensitive subject. We are, in a couple of respects, significantly extending quick-take powers, and these provisions -- some of you may have been approached by representatives of the Illinois Association of Realtors. Those provisions are opposed by the Realtors and those provisions are also -- I have not heard from them on this occasion, but quick-take powers in general, as you know, are opposed by the Illinois Farm Bureau. So I would particularly direct your attention to those provisions. In additionz on page 5, it's been pointed out to me that the language dealing with child support enforcement is of great concern to the Department of Public Aid, in that it arguably places in jeopardy the receipt by Illinois of Eederal funds for ehild support enforcement, for they feel that these provisions violate the uniform -- the unified federal regulations regarding child support enforcement. Finally, as I -- as T had begun to mention, the bill is not signed by any of the Republican conferees in the Senate or the House. It does require a three-fifths vote. There's plenty of time to come up with another and more acceptable version, and I Would urge all of you, for the reasons that I mentioned, to vote this Conference Committee down.
Further discussion? Senator Watson.
Well, thank you, Mr. President. One of the quick-take 83 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1: 1992 provisions that's in here is Amendment No. 4 and, it's for Southwestern Illinois Development Authority, which we passed ; legislation -- authorization legislation - I think it was three years ago, and we gave them quick-take powers at that time for the Jefferson Memorial expansion that's taking place in the East St. Louisg St. Clair-Madison County, Southwestern Illinois area, which is something that's -- that's needed. And what wedre asking for here is an extension of that quick-take for another two years. I guess it's actually three years, which will end September of 1992. The problem that We have is also another project that's going on in the Southwestern Illinois area, is the light rail system that we're trying to develop, and we're working with our Congress delegation from that area and welre also working with the City of St. Louis and other -- others to develop the light rail project over into Illinois. And the quick-take provision is important also for that project. So I just wanted to explain why wedre asking that in this -- this particular legislation in Amendment No. 4, in case there is some concern. And I understand What Senator Barkhausen is talking aboutz but this is important for us and just wanted to explain that. Thank you.
Further discussion? Senator Hall.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senator Watson's absolutely correct. This is very -- if we don't get this now, that with the improvement and running the light rail from -- from Lambert AirporE a11 *he way and iEls going to continue into Scott Air Base, where we have joint usez and we're working on it. This is a big project going on, and we need that extension. So I'd ask for a most favorable vote for this.
Further discussion? Further discussion? Senator Berman, you 84 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 wish to close?
Thank you, Mr. President. I thought that I might be able to get khe attention of our Minority Leader who ls over at the press box, because the quick-take procedures that Senator Barkhausen questioned regarding Lake and Dupage County was put in here at Senator ''Pate'' Philip 's request. It is limited to flood conkrol purposes and has a two-year life. So it is certainly not excessive or something that would be a terrible imposition on property owners in Lake and Dupage County. Also, I Would point out that the second concern of Senator Barkhausen is the provision that allows the Clerk of the Circuit Court of Cook County, along with the State 's Attorney of Cook County - bipartisan in -- in form - to establish a Child Support Enforcement Program . We have seen and approved that measure in other bills here that have been hung up in the processe but we have talked many times about the need for improved child support enforcement. And this is a very important part of this, and it does not - I underline Hdoes not'' - jeopardize any federal programs, and the attorneys representing the Clerk of the Circuit Court of Cook County have -- have confirmed that. The other areas youdve heard about, regardin: the Southwest -- Southwestern Illinois needs. The other areas have been worked out with the Legislative Support Service and the other areas of expediting the process that we are involved in, in the court system . I solicit your Aye vote.
Discussion? Queskion is, shall the Senate adopt the Conference Committee Report on Senate Bill 2233. Those in favor will vote Aye. Opposed, vote Nay. And the voting 's open. A1l voted who wish? Have a1l voted Who wish? A11 voted who Wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 37 Ayes, 19 Nays, l voting 85 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Present. The Senate does adopt the Conference Committee Report on Senate Bill 2233. And the bill, having received the required constitutional majority, is declared passed. All right. Ladies and Gentlemen, we will shortly be moving to the Order of Motions for the purpose of -- I'm sorry. Senator Barkhausen. ;
I did have my light and my speak button on. I was rising to request a verification of the affirmative vote.
That request is in order. Senator Barkhausen has requested a verification. Will the Members please be in their seats. Madam Secretary, please read the affirmative roll.
The following Members voted in the affirmative: Alexander, Berman, Brookins: Carroll, Collins, Cullertonz Dart, Davidson, del Valle, Demuzio, Di Turi, Dudycz, Ralph Dunn, Tom Dunn, Etheredge, Fawellz Hall, -- pardon me, Hawkinson, Jacobs, Jonesz J.J. Joyce, Lechowicz, Luft, Maitland, Marovitz, Munizzi, O'Daniel, Philip, Schaffer, Schunemanz Severns, Smith, Vadalabene, Watson, Weaver, Welch and Mr. President.
Senator Barkhausen, do you question the presence of any Member?
Senator Brookins.
Senator Brookins - in his seat. ,
Senator Carroll.
Senator Carroll on the Floor? He is on the Floor. He Was in the phone b00th, Senator Barkhausen. 86 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legkslative Day July 1, 1992
Senator Smith.
Senator Smith is in her chair.
Thak's all.
A11 right. The roll has been verified. On that question, there are 37 Ayes, 19 Nays, voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 2233. And the bill, having received the required constitutional majority, is declared passed. A1l right. Ladies and Gentlemen, a little earlier apparently two bills were skipped over, and khen immediately after those two bills We will go to the Order of Motions: to consider Senate Bills <sic> 954, which is the appropriation for the constitutional officers, which is on the Order of Concurrencez and then we will qo to a motion for House Bill 2703, which is the budget bill. So I could direct your attention to page 20. There are two bills yet -- or two Conference Committee Reports yet remaining on the Calendar. House Bill 3266 and House Bill 3315. Senator Marovitz seeks leave to go back to those. Without objection, leave is granted. On the Order of Conference Committee Reports, Madam Secretary, there's a Report with respect to House Bill 3266.
First Conference Committee Report on House Bill 3266.
Senator Marovitz.
Thank you, Mr. President and Members of the Senate . House Bill 3266, Conference Committee Report, clarifies the definition of ''abused child.'' represents agreed legislation, and to my 87 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 knowledge has no opposition. The objection of the Champaign County State's Attorney's Office concerning the injurious environment language has been removed. Proponents of the legislatkon include the Legal Assistance Foundation, DCFS and Voices for Illinois Children. This legislation defines ''abandoned child'' as one whose parent has demonstrated an intent to permanently forgo al1 parental rights or responsibilities, or a i minor under the age of tko whose parents have demonstrated a lack of interest in developing or maintaining a parental relationship with the minor. It expands the category of potential child abusers to include any person with custody of the minor at the time of the incident at issue. It includes as a neglected child any minor whose health is or could reasonably be likely to be damaqed due to a parent's unreasonable failure to protect the child. And I know of no opposition. I solicit your Aye vote.
Okay. Discussion? Any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 3266. Those in favor will vote Aye. Opposed, vote Nay. And the voting 's open. A11 voted who wish? Have all voted who wish? Have all voted Who Wish? A11 voted Who wish? Take the record. On that question, there are 56 <sic> (57) Ayes, no Naysr none voting Present. The Senate does adopt the Conference Committee Report on House Bill 3266. And the bill, having received the required constitutional majority, is declared passed. 3315. Madam Secretary, please.
Pirst Conference Committee Report on House Bill 3315.
Senator Marovitz.
Thank -- thank you very much, Mr. President and Members of the ! 88 STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Senate. House Bill 3315 permits a court-appointed special advocate to act in the best interests of the child. It allows a judge to consider relevant testlmony offered by a CASA - that's a court-appointed special advocate. Provides that a1l cases of *he CASA shall be -- oh, excuse mez a1l costs shall be borne by the not-for-profit CASA organization and not the county. Provides that the court may dismiss the CASA and the guardian ad litem when either fails to act in the minor's best interest. And in the opt-out and opt-in provision, I want to clarify: it provides that the provisions of this Seetion shall not apply in counties in which there is no CASA program currently operating, unless - and only unless - the county board opts in by resolution. And it provides that the provisions of this Section shall apply in counties in which CASA programs currently operate, unless the county board, by resolution, opts out. Solicit your Aye vote. Know of no opposition. PRESIDENT ROCK: A11 right. The Gentleman's moved the adoption of the Conference Committee Report on Senate Ksic> (House) Bill 3315. Discussion? If not, a11 -- the question is, shall the Senate adopt the Conference Committee Report on House Bill 3315. Those in favor will vote Aye. Opposed: vote Nay. And the voting is open. Have a11 voted who wish? Have a11 voted who wish? Have all voted Who wish? A11 voted who wish? Take the record. On khat question, there are 57 Ayes, no Naysy none voting Present. The Senate does adopt the Conference Committee Report on House Bill 3315. And the bill, having received the requlred constitutional majority, is declared passed. Resolutions. SECRETARY HAWKER: Senate Resolution 1485 offered by Senator Topinka. 1* is congratulatory. And Senate Resolution 1486 offered by Senator Philip. 89 STATE OF ILLINOIS 87th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 It is a death resolution. PRESIDENT ROCK: i ! I Consent Calendar. SECRETARY HAWKER: k And Senate Joint Resolution 184 offered by Senators Berman, Demuzio, Woodyard and Madigan. It is substantive.
A11 right. Wlth leave of Ehe Body, wefll ask that that be placed on the Order of Secretary's Desk. It will show up on the next Supplemental Calendar, Senator Berman. A11 right. Ladies and Gentlemen, we have two or three awaiting matters yet awaiting our attention, obviously. If I can direct your attention to Supplemental Calendar No. 1. There's a Motion kn Writing. Bottom of page 9 on the Calendar. The motion -- Supplemental Calendar No . 1, Madam Secretary. Relates to a bill on page 9 on the Calendar. There is a Motion in Writing with respect to that billy please.
I move to suspend Senate Rule 5C to waive the deadline for 3rd Reading and final passage of House Bills with regard to House Bill 2703. I Filed by Senator Carroll.
Senator Carroll. !
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I would move that We do suspend Ruke 5C to waive the i deadline for 3rd Reading and passage of House Bill 2703, which would be the State budget, and would ask that we have a roll call, please. !
90 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1r 1992 ! Youfve heard the motion. A1l in favor, indicate by saying Aye . All opposed. The Ayes have it. The motion carries, and it i j I is so ordered. There's a similar motion with respect to Senate Bill 954,whichalsocanbefoundontheCalendarontheOrderof Concurrence, at page 19. Madam Secretary. 1
I move to suspend Senate Rule 5C to exempt Senate Bil1 954 l from the Committee on Rules, so that the bill may be considered by the Senate. Filed by Senator Carroll.
Senator Carroll.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. You dve heard the motion. This deals with the constitutional officers of this State, and I would ask for a favorable vote.
You've heard the motion as placed by Senator Carroll. Discussion? If nokg all in favor: indieate by saying Aye. A1l opposed. The Ayes have it. The motion carries, and it is so ordered. All right. Ladies and Gentlemen, then, if I can direct your attention to page 9 on the Calendar. On the Order of House Bills 3rd Reading is House Bill 2703. Senator Carroll seeks leave of the Body to return that bill to the Order of 2nd Reading for purposes of an amendment. Is leave granted? Leave is granted. On the Order of House Bills 2nd Reading is House Bi1l 2703, Madam Secretary.
Amendment No. 2 offered by Senator Carroll.
Senator Carroll.
91 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 E i Thank you, Mr. President, Ladies and Gentlemen of the Senate. I guess this is merely a -- a merely amendment. It merely amends ; all of the State budget onto this Act. It is all of the i operations of all of the agencies, departments, boards and j commissions of State Government, except for those that are i Constitutional Officers. It is basically at a restoration level - from the House bill that came over - of approximately two hundred ! and ten million dollars. It has been -- I think every Member of this Chamber understands the component parts of it, based on the i discussions each side of the aisle has had with thekr own Members. ! It's basically, by eliminating many of the perks and privileges, living within our means. It is based on a revenue stream that we i know is available, after discussion between the four Leaders and the Chief Executive, that we believe can fund State Government. It'll basically put operations of State Government at approximately thirteen billion tWo hundred million -- two hundred ten million dollars. About one hundred and sixty million dollars under the introduced level. I would move its adoption and answer any questions.
A1l right. Senator Carroll has moved the adoption of i Amendment No. 2 to House Bill 2703. Discussion? If not, al1 in favor: kndicate by saying Aye. A11 opposed. The Ayes have it. The amendment 's adopted. Are there further amendments?
No further amendments.
i 3rd Reading . And With leave of the Body, Senator Carroll requests that we get back to that bill. Al1 right. If I can ' direct your attention, Ladies and Gentlemen, to page 19 on the Calendar. Page 19. On the Order of Secretary's Deske ! Concurrence, there resides Senate Bill 954. On the Order of 1 92 STATE OF ILLINOIS 87th GENERAL ASSEMBLX 1 REGULAR SESSION ; SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Secretary's Desk, Non-concurrence <sic>, Senate Bill 954, Madam Secretary, please.
House Amendments l and 5 to Senate Bill 954. I
Senator Carroll. SENATOR CARROLL: i j Thank you, Mr. President, Ladies and Gentlemen of the Senate. i I move that we do concur in House Amendments No. l and 5 to Senate ! Bill 954,and thatwould be finalaction. This now would contain l ! thebudgetsoftheOfficeof the Comptroller, the Supreme and t Appellate Courts, the State Treasurer, the Attorney General, the Lieutenant Governor and the Secretary of State. The Office of the Governor had been contained in Senate Bill 953: and is now contained in the other bill that we bad just previously amended. Aqain, these are at the levels that the House had sent them over to us# which is basically the levels of request of each of these constituEional officers. And I vould urge passaqe of Senate Bill - - Iîm sorry, concurrence in House Amendments l and 5 to Senate Bill 954.
Discussion? Any discussion? If not, the question is# shall the Senate concur in House Amendments l and 5 to Senate Bill 954. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Al1 voted who Wish? Have all voted Who Wish? Have a11 voted Who wish? Al1 voted who wish? Take the record. On tha: question, there are 55 Ayes, no Nays: none voting Present. The . Senate does concur in House Amendments 1 and 5 to Senate Bill 954, and the bill, having received the required constitutional majority, is declared passed. A1l right. Ladies and Gentlemen, if I can again turn your attention to page 9 on the Calendar. Page 9. By the way, WICS, WCIA: WAND have all requested permission to l ' 93 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July le 1992 videotape. Without objectiony leave is granted. On the Order of House Bills 3rd Reading. On the Order of House Bills 3rd Reading, Madam Secretary, is House Bill 2703. Read the billz please.
House Bill 2703. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Carroll.
Thank you: Mr. President, Ladies and Gentlemen of the Senate. This would be final passage on the State budget. Let me identify again, it is in General Revenue funds approximately thirteen billion two hundred and ten million. The difference between us and the House, as I saidr being the tWa hundred and ten million, will be paid for by refinancing various State bonds which wkll save us about twelve million dollars; taking from the Build Illinois reserve not only the thirty million dollars that the Governor had suggested, but an additional twenty-five million we know to be there; by the monies that will be saved as a result of Senate Bill 1547 of Senator Davidsonds, some seven million dollars; by using a revenue estimate that the Governor had basically discussed about ten days ago and somewhere betWeen the Bureau and Economic and Fiscal of some ninety million dollars; by makin: non-General Revenue Fund savings that We did in the operations of those agencies that happen to be funded other than by General Revenue, and transferring ten million of that into General Revenue; by taking Senator Welch's bill on AFDC out-of-state usages and saving six million dollars; by taking surplus from the Lottery Prize Fund account over and above that Which is used for the special games at the end of the year, so we can still produce the additional thirty million for education in 94 STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Illinois - therefs an additional surplus of some twenty million we can use - and by spreading out the payment to the locals of what was the local's share of the surcharge of some -- taking forty million of that two hundred and thirty-seven million and putting it into the first six months of the next fiscal year - most of them will still get it Within their normal fiscal year - and will come out of the Local Government Distributive Fund, and applying those to areas that the -- We felt the House, in its action to produce a balanced budget, had to go too far than they or us wanted them to go. I will not bother to read the list. Again, I think everybody has been aware of those. I believe that as a result of this action, we will have met not a11 of the needs of the State, but clearly the most critical. We will, in fact, be providing for an effective Mental Health system, an effective system for Children and Family Services, an effective system for Rehabilitation Services and Corrections, and for care for our agingz as well as schools and all else that we have to do as a State. I Would urge passage of House Bill 2703. It is, in fact, a balanced budget within our avallable revenues, and the best that we can do under these very, very, very tight economic times. I would urge passage and be willing to answer questions, Mr. President.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Is there discussion? Senator Collins.
.e. tmachine eutoffl.a.Mr. president and Members of the Senate. It's unfortunate that we are here one day past the deadline with a budget that is purported to be balanced and probably one of the most critical budgets and the most difficult budgets to craft that wedve had to do in the State of this -- history of this State. The sponsor said that this is a balanced budget, and that we have done everything that we could do to respond to the critical needs 95 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 of the people. And I say that is not true. Maybe this budget I gives balance, but still there is a 1ot ln this budget that many i ! of us have not seen, Who have honestly worked in good faith to ! I make sure that we do What the sponsor said that this budget is ' supposed to do. The other real problem is that We :ot this budget 1 1 . just a minute ago. Al1 of this. All of Ehis. We don't know what's in this budget, and no one in this room - no one in this room - except probably Howie Carrollz and maybe Penny Severns, and the President, and maybe the Majority Leader over there -- Minority Leader -- knows What's in this budget. NoW for us to sit here and vote to pass this out because we want to go home, because some people say, ''We11# we got to go home, because if we donlt go home and we stay here one day over the Session or two day over the Session, we're not going to get elected.'' Well, I say to the people of the State of Illinois, if anybody vote on this budget who has been charged with the responsibility of coming here and representing the needs of the people of this State, Without knowing what's in it. You don't know what's in this. And I guarantee you and I submit to you, there is, in fact, still pet projects and waste in this budget. Most certainly there are things in this budget thaE does not take priority over issues to sustain life to people in this State. There's still pet projects in this budget. And I say We ought to defeat itz and we ought to go back, and we ought to craft a budget and take out all of the B.S. and -- do our job here. We don't have to go home today, and I think the citizens of Illlnois would prefer us doing that. They don't want us to sit here. No. We shouldn't sit here day after day after day, doing nothing. But no one or two people ought to make the decisions around here about what all of us were equally - equally; equal representation is what this government is all about - was elected to do. The needs of my people have not been addressed. And for any of you to think - any of you to think - I 96 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 that a program as productive and as pro-active as the Earnfare I Program did not warrant -- did not take priorities over some of 1 . the garbage that's in this budget, there's something seriously wrong with you. And I submit to you thatg no, I haven't had a chance to go through it# because it just got on my desk and I was also jocked around this morning about some amendments going on. Well, the amendments was brought on when the motion -- when the motions were being considered on the Floor. And that's not right. One person - one person - should not be allowed that much power in any - in any - representative body. It is unfair for us to pass this budget, when we have cut major human services and wedve played the same political games that wefve played over and over and over again. And I submit to you that this budget ought not to pass. We ought to stay here and do our jobs right.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. Further discussion? Here 's the lineup so far. Keats, Cullerton, Schaffer, Madigan, de1 Valle. Senator Keats.
1'11 be mercifully somewhat brief, but Senator Collins has hit a point. The train's moving. The bill's probably going to pass. I suppose thatls true. But when the sponsor announced this -- this budget is balanced, is there anyone in this room so naive that you really think this is a balaneed budget? Let me just give you a few examples. Employee health care - we dre allocating thirty million, instead of the fifty-five million increase. Is there anyone in this room so naive tha: ehey really think Ehat those health claims are not going to come in and they're not going to be owed? To simply not put them in the budget, pretend that we don't have that expense is, perhaps, unrealistic. Our retirement systems - does anyone think wedve really funded the State retirement systems? How about our revenue estimates? Throughout the nineteen-eighties we made a great practice of our 97 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Leqislative Day July 1, 1992 State budget of inflating revenue estimates, underestimating expenses. Well, this is the nineties. Wedre supposed to try and change. Well, you know what? What are we doing? Inflating the revenue estimates and underestimating expenditures. This process is just like what they do in Congress. It's called a continuing resolution, because their leadership is so inept, they are incapable of passing a budget. Have we sunk so 1ow in the Illinois Legislature that we can't even pass a normal budget? That we can 't even put the bills up, vote on them and amend it? Have We sunk so low that they can hand us this -- this has been on my desk I looked at my watch itls been about six minutes now. They can hand us that and say, ''Gee, isn't this great?'' Has this legislative Body sunk so loW that *e consider that the Way government should run? We al1 know it's a fraud. We a11 know the budget isn't balanced. We al1 know - we all know - that this Whole system is saying that the Membership should not be included. You know, I've been here slxteen years, and I can remember When those who were interested in the budget participated. Now I admit, people such as myself - the budget is a lesser item, because my district is a payer; we're not a receiver. So I don 't argue that I should sit at the table: because frankly, I'm just paying for it. My district doesn't get anything . But the point being, we have now reached a point where the Members of the Senate are now excluded from the budget process. If you think this is acceptable - and some may it's okay. Turn in your paycheck, turn in your per diem checks, go home and quit calling yourself Senator. Just refer to yourself as Mr. or Miss or Mrs. Such-and-such, because youdre no* a Senator if you accept this process. What you really have to ask yourself, if it's a politically expedient act and I think we all know the reason this joke budget is here; it's just a politically expedient act is, are our constituents so naive that they don't accept the fact 98 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 that good government is good politics? If you really think politics is more important than good government - think that's the only way to get elected - you're entitled to your opinion. God bless you; good luck. But the point I'm making is, if you dre voting for this budget, you are saying - With the exception of a j couple of people - you don't think you ought to participate in the 1 ; budget process; you donlt really care about the -- intricacies of it; you think it's appropriate thak We act just like Congress, pass a continuing resolution and make a farce of the process, 1ie about our revenue estimates, lie about our expenditures, and pretend Welve done the job. If you think that's okay, feel free to vote Yes.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Schaffer. I'm sorry. I beg your pardon. Senator Cullerton, and then Senator Schaffer. Senator Cullerton.
Yes, would the sponsor yield?
PRESIDING OFPICER: (SENATOR DEMUZIO) The sponsor indicates he will yield. Senator Cullerton.
Senator Carroll, how much will the State spend in the next three monkhs in the lapse spending period? How much is contemplated the lapse spending total Will be in this budget for the next year?
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll.
Well, as you know: Senator Cullerton, technically lapse period spending isn't in the budget as a budqet item, but it is our belief that the Fiscal 192 lapse that will be spent in the first ehree months of the new fiscal year will be about nine hundred and 99 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Leqislative Day July 1992 sixty million dollars. And it is our belief that at the end of .93, it's lapse period spending into the first three months of what Would otherwise be Fiscal '94 will be down to about seven hundred and sixty million dollars. And it is my opinion that the nine-sixty is an historically high amount.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Cullerton.
To the bill: I think that the way in which We arrived at this budget this year has been very interesting. The House passed a draconian budget where they cut some -- almost four hundred million dollars off of the Governor's budget, and it came over here and the Republicans in the House, the Republicans in the Senate, the Democrats in the Senatez and the Governor recognized that was way too low. We had to add back in, and that's what this budget does. This budget adds back in over two hundred million dollars. But What's interesting about that is that we have come to the conclusion that really we can't say that there 's any more fat in this government, because we -- the House sent over a bill that supposedly cut out fat, and we said, ''It's too 1oW. We've got to add back in.'' The second point is that this lapse spending is not true lapse spending. I agree with Senator Keats. It's deficit spending. We owe, assuming that the lapse period spending is usually about three hundred million, we owe six hundred million dollars. So We owe six hundred million dollars, and we don lt have any fat in the budget. Well, you know, the Governor said tiqhten your boot -- tighten your -- pull up your bootstraps, tighten your belt, do what all the other families do. Well, I think wedve done that. When my family was in that situation, my father went out and got a second job. He brought more money in. We have to bring more money into the State, and we have to recognize it. We can 't do riqht now, and I -- we ire not 100 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 going to do it with a regressive liquor tax, and we're not going to do it by raising the local governments' property tax. Wedre going to have to do by some other fashion. We're not qoing to do it today, but we ought to really consider doing it in November. And welre not qoing to do it unless the Governor provides the initiative. We have no choice but to vote for this. But in November, welre going to be back here with a big problem .
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Now, Senator Schaffer.
am not going to vote for this. I'm not going to vote for it for a number of reasons. I think the thing that distresses me most about this budget - more than any other budget that I've ever had an opportunity to vote on this is a mean-spirited budget . This is not a rational priority-setting process that the people expect us to do. You know, we all have our election polls, and we al1 know the public wants government cut. r dan't think any of us have read the cross tabs and really looked at those polls. The voters are saying to us, ''Prioritize. Get rid of the 1ow priority things; get rid of the waste; and manage governmentp'' This is not managing government. This is mean-spirited, political gamesmanship. That's what it is, and that's a11 you can call I've talked to a half a dozen directors and asked them how this budget affects their departments. You know what they dve a1l said? ''We donlt know. We really don't know khat's in it, in our department. We don't know. We haven't been consulted.'' I asked the Director of Revenue last night on the Ploor of the Senate: ''Do you have enough money here to pay for the cigarette stickers that you put on the packs of cigarettes that We collect Illinois taxes?'' He said, ''I don't know. Nobody's shown me the budget. don't know what's in it.'' Anybody here who claims they know what's in this budget is a liar a liar. For the next six l0l STATE 0F ILLINOIS 87th GENERAL ASSEMBLY 1 REGULAR SESSION I SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 months, it's going to be one thing after another, as we find out what's in this mean-spirited document. We have failed to do our job. It's that skmple. But there's another reason that distresses me even more. When I first came down here as a freshman, I think I could honestly say that, even as a -- a wet-behind-the-ears freshman, I had a little bit of impact on this budget. How many people here claim they can have significant or real impact on this budget? Thatls how many, I thought. We have ! abdicated this budget. Initially - I've Watched it over twenty i years - when I got down here, the interested Members and the : people on the Appropriations Committee really impacted. You I 1 killed to get on an Appropriation Committee. You Went over to 1 I your Leader and you leaned on him and you begged to get on the Appropriations Committee. Now Pate has to talk people into serving on the Committee, because everybody here knows that service on that Committee is a meaningless waste of timee because you have no impact on the process. So the Members suddenly of the Committee don't have an impact. This year the leadership of the Committee had minimal, at best, impact. This concentration of power has made our role as individual Legislators virtually meaningless. Next year, Senator Carroll, I have some advice for you - make sure you become the Minority Leader or President of the Senate, because as Chairman or Minority Spokesman on the Committee, you aren't going to have any impact on the process. So if you want to be involved, you better advance. I'm not advocatin: that, by the way. I think this is wrong. I think -- and we a11 want to go home and We 're al1 terrified about what'll happen in the fall - those of you that are on the ballot. I would suggest that we break the two Approp Committees into three or four subcommittees and :et the directors in and -- I'm not saying we change the bottom line. I know the money's not there. By the way, those revenue estimates are so bogus they're laughable, and I 102 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 don't think there's anybody in the media that's fooled by that rhetoric. But let's at least ask the directors, 'IHow do you live within the dollars we've given you? How can we change it around to make it work?'' You know, they have the two-percent transferability, but that's not qoing to do -- anybody much good with a department of two- or three-million-dollar budget. We are abdicating our responsibility. And by the way, what happened to hospital assessment? Yeah, what happened? Therels a seven-hundred-and-thirty-million-dollar hole the last time I checked. It's not necessarily our fault, but it's still there. Are we ignoring that? I don't know. I know one thing I'm not ending a twenty-year career voting for this mean-spirited document.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Madigan.
Thank you, Mr. President and Members of the Senate. I rise in opposition to House Bill 2703. And Iîm not going to repeat the eloquent statements and words of the previous speakers who have arisen to speak in opposition to this merely to thank the individuals who presented tbis amendment and analysis to us in the last minute, because the more that it sits on my desk, the more it stinks. And I would sincerely and fervently request that this House Bill 2703 be rejected and sent back and worked on.
PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank youz Mr. President. I also want to express my disappointment in this process. I agree with the previous speakers who have indicated that as legislators elected to this Body to represent different constituencies and to be a voice for khose constituencies, our opportunities for direct participation 103 STATE OF ILLINOIS 87th GENERAL ASSEMBLY ; REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 in a process that impacts on every resident of the State of Illinois is limited. And I think that that needs to change. But I also want to express disappointment in the House actions that basically put us here into a damage control mode - a damage control mode that didn 't allow us to really take the kinds of bold steps that are necessary in order to come up with a budget that is workable - one that really Will be a responsible budget. When you dre in a damage control mode, that means thatz by the time it 's all over, you look back and you see that it didn't matter what you did, some damage was done. In this case, I would say that if this budget is adopted, theredll be considerable damaqe done. But I do have a question for the sponsor, if he will yield.
PRESIDING OFFICER: (SENATOR DEMUZIO) Indicates he will yield. SENATOR dEL VALLE: Senator Carroll, as you know that -- there are a number of areas in this budget that we've talked aboute and I want to ask you about a couple of them. The Department of Rehab Services budget home services line is a line that we dve been very concerned about, and as we know, we do save dollars in the long run by providing that service to those in need. What are we doing with that line, number one? And number two, is the Earnfare Program that many have agreed is a good idea funded in this budget? I I PRESIDING OFFICER: (SENATOR DEMUZIO) I 1 Senator Carroll.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I will comment on the other speakers when I close. Let me just say though, I think Senator del Valle hit on a point at least on our side of the aisle. While we did not like what we saW from the House, we have been having weekly meetings of a11 of the Members of the Appropriations Committee since the Governor l04 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1992 introduced the budget in Aprilr and having good input from not only Members of the Appropriation Committee: but anyone else who wished to show; so that we were able to at least craft items, at least in some priority, within the limited resources: to do the best we could under very terrible times, to create out of a bad budget something not quite as smelly as maybe Senator Madigan thinks it is. Not a good one, but something not quite as bad. And as a result of those discussions through the years - through this year - we recognized that the Rehab Services' budget was woefully lacking in taking care of people in need in homes. What we have done is basically three things. We have provided a million three hundred thousand to Home Services Programz sufficient to admit approximately twenty -- two hundred additional clients over and above the suggestlons of the Governor. We also restored a million-four for the payments to those who are the personal attendants - personal assistants to people with disabilities Who are currently in the Home Services Program. These are the people Who have keys to your home, come to khe home, get you washed and dressed and up, so that you can try and go to work or try and go to school, and we are paying them what would now, if we don't pass this, less than the federal minimum wage. In addition, as suggested on the Republican side of the aisle, an additional 2.9 millkon in order to match and capture another fourteen and a half million dollars in federal funds for Rehab Services. I am personally very disappointed. spoke to the Governor's Office for over an hour late last night when I was off the Floor, from 9:30 to 10:30, to try and get authority to fund Earnfare. I am personally very committed to that program . understand, Senator Collins, in your and my displeasure, that is, in fact, not in the budget. I think it is a mistake if we leave Springfield without funding a program that that we call Earnfare. It is a new pilot program that can create jobs for l05 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 people by helping clean up our neiqhborhoods, putting them on public service work, and then giving them job skills to go get ! private jobs. In my opinion, the money is available in this 1 1 budget to do that. We have not gotten authority from the Office of the Governor and others to put that money in the budget. I would hope that that would still happen.
PRESIDING OFFICER: (SENATOR DEMUZIO) Senator del Valle. Further discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. There's been a 1ot of things said here which makes one think, and it is a difficult issue. As Senator Schaffer said: we've got some problems in the process. What else is new? It's been that Way in all the time I've been here. This is a controlled process. This is not a free process that wedre in. But this year I will say that we on the Democrat side of the aisle have probably had more of a give-and-take on the budget process tban we've had in the short six years that I have been here. Senator Keats says, ''Is there the amount in the Retlrement? The amount in Insurance? Are they right? Is the Revenue estimate right? Is 13.4 billion right?'' I don't know. Let's flip a coin. Thatls the -- thatls the way budgeting is. Nobody can ever predict for sure where wedre at. But lackin: a tax increase, it's got to be a matter of priorities, as you say, Senator Keats, and it's got to be a compromise of those priorities, because we do not agree a11 the time with you on the other side of the aisle, and most certainly you don't aqree with us all the time on this side of the aisle. But what makes any of us think that this process and the bottom line and the final picture is going to get any better than what it is now? When we talk about fooling ourselves, I think that's where we're fooling ourselves. You know, this process should have been over a month ago. We should not be talking about this at l06 STATE 0F ILLINOIS j 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 131Et Legislative Day July 1, 1992 ' : this time. We should have had a budget a month ago. We don't need this last-minute stuff, but that's why it's a controlled I process. That's hoW We're controlled. We dre one of the sheep ! being shepherded around. Earlean Collins is exactly right. The Workfare Program should be in this budget. It should be included j in this budget. It is the best thing wedve got going. It does a number of things. We didn't ask. in the State of Illinois, for this economic downturn that we've had this last year and the last two years. We're looking -- gollyz think of this: With the BOB 's numbers this year and last yearx weire looking at a two-year State growth of 1.1 percent. l.l percent. That's atrocious. That's atrocious. So I think that what We're really saying here today, regardless of how you want to vote on this -- I think any delay, any further disruption to the State of Illinois, in addition to -- to not paying our money we owe and intention -- with being a bad credit risk, and a1l of these good thingsr we have got to send a message out there that whether it's right, Whether our priorities are as well as We would like them to be, I think Wedre at the point to where welve got to move forward. I suggested a Committee of the Whole when we first started talking about the budget process. I would have liked to have seen this budget hammered out right in this room, with all of us present. That didn't happen. You know the old saying - wish in one hand and you can do whatever in the other hand. I just think that the longer We wait, the more involved -- the bigger problems that wedre going to have, because I can't see anybody at this late date giving up something on that side of the aisle to ensure that we have Earnfare on this side of the aisle. And I don't see us giving up anything on this side of the aisle to give something to your side of the aisle. And Whether we like that process, if that makes us politicians, then, damn it, that's what We are. And I think We dve got a decision to make. That's what we 're down here for, is to make decisions. There are 107 ! STATE 0F ILLINOIS 87th GENERAL ASSEKBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 no ''maybe'' buttons down here. If you look downe we don 't have ''maybes'' anywhere on our buttons. We have Yes buttons. We have ' No -- buttons, and then we have the yellow way out, the Present i button. I urge an Aye vote. END OF TAPE TAPE 4
PRESIDING OFFICER: (SENATOR DEMUZIO) Eurther discussion? We have Senators Palmer: O 'Daniel, Topinka and a number of okhers after that. But, Senator Palmer.
Thank you, Mr. President. This has been a wrenching experience this year - perhaps more so than last year. The pain Was palpable among people during the hearings that we have had over this budget. There is# frankly, much that I like in tiis budget. There are areas and line items for children and women that I worked very hard for. They make sense. But the one thing that disturbs me tremendously - over all other thtngs that concern me about this budget - is that it has left out Earnfare: and I want us to understand what that means, just reviewing the process of this for just a second. Last year at this time, we Were battling on this same Floor over the fact that the Governor Wanted to reduce the time during which men and women on General Assistance could receive money. We stayed extra days because we tried to make it better for them, in the same *aY that we did to try to improve the situation for senior citizens receiving pharmaceutical circuit breakers. That was an agreemente as painful as it was, that over sixty thousand people would at least i l08 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 have some income and some realization of dignity for six months out of the year. What this budget does now - and wedre not even really talking about it is to remove more than sixty thousand people from the ranks of being human beings. It means there is no money in here for them period. What Earnfare did was not to give them back just the hundred and fifty-four dollars a month that they were receiving; it actually gave them a way to be diqnified human beings again, and to earn that money and to bridqe - - make a bridge back into the path of being part of us again, so to speak. I am more than disappointed. I am very angry about this. I'm angry because there were solutions offered that could have provided this money, and no side - either side, I think - has Worked hard on making this happen. I commend Senator Collins. She received support from a1l the major newspapers. It is a reasonable and responsible approaeh, and I am horrified that we are getting ready to turn sixty thousand people out with nothing. PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator O'Daniel. SENATOR O 'DANIEL: Thank you, Mr. President, Members of the Senate. I reluctantly rise in support of this -- this bill, this budget. You know, when you don't have the resources, we have to try to do the best we can with -- with what we have. And until the economy in this nation and this State improves, we're going to be in difficult times. I think that Senator Carroll and Senatcr Hall and President Rock and all of them have afforded the Members of the Appropriation Committee, and also the Leadership , an opportunity for the last month or so to -- to take a look at these these budget recommendations and all. And I think for anyone to say that they haven't had an opportuntty to review what's going on hasn 't been attending these meetings that -- that Senator Carroll and Senator Hall and them have afforded us the opportunity 109 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 to -- to attend. If I'd have had my rathers, we would have borrowed some short-term money. You know, we didn't get lnto this financial situation in a year, and we can't get out of it in a year. And I -- I think you can only cut so much and still 1et government operate. And I think we should have borrowed some short-term money and -- and tried to maybe not cut quite so deep. But I think theydve -- they dve took a hard look at itz and this is the best we have, and they 've cut every department and tried to be as fair as they can. And I thlnk at this time the only responsible thing to do is -- is to pass this thing and try to live with it. PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Smith. SENATOR SMITH : Thank you: Mr. President and Ladies and Gentlemen of the Senate. I Wasn't going to say anythingy but I have to include in the records today persons who are not able to sit in the Chambers. But their heartz minds and souls are here, because we are making a decision here today. And I go along With my colleagues who was I I talking about Workfare, because it Was some of those same people who helped me to win my election - homeless people that lived in shelters. And I shall never forget them. And theydre people of dignity. Smart, well-educated, but they were caught betWeen the tracks. But 1 want to think right noW and speak on behalf - so it's in the records - about mothers and fathers who have children who are dependent upon our developmental disability institutions. Some of them are being closed. Some of them, their budgets have been cut. And I received this mornin: a letter from a mother. Just an excerpt: and it says that, ''I'm not able to appease my severely mentally retarded child by substituting another pleasure to make up for a disappointment. The only gift of love I can offer my daughter is the wonderful professional care she receives by the very professional staff of where she is residing. And now ll0 I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 a bill is to be proposed to create a serious catastrophe that will definitely endanqer the care so badly needed by the less fortunate.'' Families of special children have had an enormous cross to bear. Are we comfortable here today? There's a lot in this budget that can be changed around. They're a11 God's children. They're all made in His image. And just because they are disformed, and they're not as fortunate as you today, does not mean that theydre not supposed to be considered. So I'm hoping and praying that in this budget, or the next budget whatever you do - that you will think in terms of people out there who want to do better, but they can lt do better, because they are not physically able to move like you and I am . But they 're all God 's ehildren. I just Want to put it in the records that there's a world out there. Can't you listen to them? Can't you hear them sighinq? Can't you hear them crying? It's left up to us, the legislators, who have been sent down here to represent our people not we# ourselves, but our people. Thank you and God bless you.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Geo-Karis.
Mr. President, Ladies and Gentlemen of the Senate, none of us kant to hurt anyone in this Senate, but the facts remain we can't spend money we don't have. Hopefully, there'll be an upturn in the economy. Hopefullyz We can keep jobs in Illinoisz bring more jobs to Illinois with intelligent legislation here. And hopefully, we can get more money to care for the needs that we have to take care ofz and there's nothing to stop us from havlng a supplemental later on - a supplemental appropriation: if we need it. And I do feel that at the present time we are limited. We can 't spend money we don't have, and it's no sense beating a dead horse to the ground. And I support the budget, even regretfully.
PRESIDING OFFICER: (SENATOR DEMUZIO) STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Purther...further discussion? Senator Holmberg.
Thank you, Mr. President. This certainly is a budget that none of us are very proud of, but it is a work task that think we can be proud of. I know that on our side of the aisle we Worked as a group, week after week, in trying to find out how we might balance a budget With revenues that just were not there. Time and time again we instructed Marcia Thompson and our great staff to go back to the drawing board and try again to qive us some optional figuresy and every time they did that for us. It was a fantastic effort on everyone's part. And, Senator Schaffer, as an example of when we tried to include a department in the process, namely DCFS, they came back with some very mean-spirited cuts. They suggested consolidating and closing regional offices, less case management to special needs children, eliminating the Parents-Too-soon Program, eliminating day care provider training, eliminatin: GRF for day care recruitment and referral, and cutting youth services and day care to the tune of ten million dollars. That's what I call being mean-spirited. And it was through the action of our group's meeting with those departments, and trying to come up with a more humane program, that We have been able to salvage some very important things in this program . It is not a budqet of which any of us are proud. It is a budget we have to live with until the end of the Republican recession in Washington, and additional revenues that will be available to us here in Illinois.
PRESIDING OPFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Maitland .
Thank you very much, Mr. President and Members of the Senate. Early in the month of April, the Governor of this State offered his budget to a Joint Session of the General Assembly, and in that 112 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 budget was the spending that the Governor felt this State ought to deal with for this fiscal year. Those Were his priorities, and we looked at them and We digested them . In that same Messagez he also offered to us additional revenue sources that would fund that budget. Those Were his priorities, and we discussed them . We discussed them in the House, and We discussed them in the Senate. And it became very clear early on - early on that there Were few, if any, votes for the additional revenue that he Was suggesting. So that being the casez became apparent to most of us that we had to make adjustments in the spending side of that budget. Just as I do in my business, I have to live within the available revenue. There are some things in this budget that you don't like, and I would suggest to you that there are some things in this budget that you should like. I'm concerned about some areas, but let me suggest to you, Ladies and Gentlemen of the Senate and heard group -- group health mentioned - we are *hirty milllon dollars over what that bill had in it when it came to this Chamber. So We have addressed a portion of that. We have put forty million dollars back in Corrections to address those very critical needs, to open those prisons that are important to each and every one of us in this Body, and also to sustain - to sustain - the guards and staff at the existing prisons. That's what wedve done. Let me mention to you an area that's not even been mentioned this morning. Education's in this bill. Remember education? Do you remember that? Elementary and secondary Will leave this Chamber with thirty million dollars more than it had las: year. Enough? Course not. Course not. But these are no* normal times. Higher education, held harmless. Theydre at just about last year's level. Didn't take any of the cuts that any other agencies took. That's very positive. This budget addresses the very critical needs of State Government. And it will sustain us through this -- through thls year. I am confident of that. l13 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Let me let me pay tribute to to this side of the rotunda - our leader on this side, Pate Philip, and our very capable staff; Senator Rock, President of the Senate, and his very capable staff - because we do things differently in this Body. We work together as a team. Partisan when we need to be, but more often than not, statesmen. And that's what you saW exhibited this Week. Tell me that the appropriation process doesn't work. Tell me that people don't want to serve on the Appropriations Committee. What better opportunity does a Member have to learn State Government than to sit on the Appropriations Committee and be interested and participate? The fact of the matter is, itfs not a sexy place to be. You sit there and deal With numbers. And for those who donlt care about numbers, it is boring. The system worked a little bit differently this year because of the problem on the other side of the rotunda . And those two leaders that I have mentioned to you and our staff, and Senator Etheredge and 1, and Senator Carroll and Senator Hallz participated in the final drafting of this document, and we have before us a document that will sustain State Government for the next year. I rise in strong support of House Bill 2703.
PRESIDING OFFICER: (SENATOR DEMUZIO) Al1 right. We have two additional speakers. Senator Collins, for a second time.
I apologize for rising a second timez and I'm going to be very briefe and I1m just going to use one example of Senator Schaffer's ''mean spirit.' Maybe you all don't really understand. I just have to conclude that you -- you're not mean-spirited. You pre a bunch of loving people and compassionate, but you don't understand. Let me try to break it down to you. You talked about new money. Forty-one -- four hundred -- I mean: forty-one new dollars - million dollars Went to prisons. NoW I Want you to 114 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 think about that. Now some of the people over here are goinq to 1 vote for this budget simply because those prisons provide 1 employment - employment - for them because - guess what? - it houses, for twenty to twenty-five thousand dollars per person a year, the very same people that we are asking for a hundred and fifty-four dollars a month for them to work for. Think about that. And guess what? This summer - this summer - once you kurn loose eighty-five thousand people who you have reduced to being animals, you're going to have to fill those prisons with those people, because the basic instinct of any of us - of any human being - is to survive. And what you 've done here, you've made a decision and you prioritized and taken forty-one new -- billion dollars -- million dollars to put in prisons, when you could have taken at least ten to thirty million dollars from this existing budget and allowed some of those people a hundred and fifty-four dollars a month that I guarantee you - mark my word - you will bave to lock up and put in your prisons, to qive the Downstate people some jobs - these same people that Wefre fighting for. That is not mean-spirited. That's plainy rotten either stupid, or plain low-down. And that's what the citizens of this State of Illinois have to understand about What is going here. NoW you can either understand that, or you can go on and play these games. And there are other -- lot of other things in this budget the same way. This is not our money. One of the speakers says that you give it and we give it. We do not oWn the taxpayersî dollars. We are caretakers of *he taxpayers' dollars, and it is not our choice here to make those kind of decisions where we woukd put opening prisons to house and to spend taxpayers' dollars to the tune of twenty to twenty-five thousand dollars a year, rather than to put somebody to work. That's crazy.
PRESIDING OFFICER: (SENATOR DEMUZIO) Further discussion? Senator Rock. I l15 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 I SENATOR ROCK: i i Thank you, Mr. President. Ladies and Gentlemen of the Senate, I rise in strong support of House Bill 2703, which will set the State spending authority for this coming fiscal year at thirteen billion two-hundred and ten million dollarsf worth of General Revenue - that amount of General Revenue: I might add, that it has been determined that we have available. I congratulate the staff for absolukely yeoman workz working literally night and day for the past couple of days, attempting to implement decisions that Were made, and decisions, I suggest very stronglyy were shared decisions. I heard last July 18th some of the same rhetoric, some of the same pious outrage, some of the same questions about the process: some of the same accusations that the Members are somehow excluded from this proeess, that We have no input. And I will say today what I said then - baloney. There are two sides to a budget: one is the revenue sidey and one is the spendinq authority side. Are you going to stand here and try ko tell me that the Members in this Chamber and in the other Chamber did not make some decisions on the revenue side? Al1 you have to do is look at the Calendar and find Senate Bill 1951 and Senate Bill 2156 sitting on the Order of Senate Bills 2nd Reading. You don't think that's a decision? I think that was a pretty momentous decision. And when the Speaker of the House called for *he revenue enhancementsz you al1 remember that roll call. We were all here and we were al1 listening, with a half an ear. One of the measures got no votes - zero - and one got two votes, out of the hundred-plus that are supposed to be available. So the Members made the deciskon on the revenue side. And not long after that, the four of us met with Governor Edgar, and we told him - or attempted to tell him, I might say - and Senator Philip and I pointed out the fact that in this Chamber, in our judgment - our political and governmental judgment - there simply was not enough 1 1l6 STATE OF ILLINOIS 87th GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 i Membership who were ready to approve a tax increase of any kind, I and We were gaing to proceed Without it . And so, where the I Governor introduced at thirteen billion three-fifty, al1 of a sudden three-fifty was not available. And we had also determined, politically and governmentally, we were not goinq to get us - us# the Assembly; us# the institution - into the same box we found ourselves in last year, where we got blindsided and we were forced to do some things that We really didn't Want to do with this budget. And we said, ''No, letls strike a realistic number riqht now, and let's see how we can fashion this budget, but fashion this budget in a way that makes some sense to our Members, in response to our Members.'' So then the House made its decision. It's an equal Chamber. And it sent us a bill at the thirteen-billion-dollar level, cutting three hundred and seventy-three million dollars out of a State budget. And virtually everyone was outraged - my goodness, how can they do this? - because we started to hear from a1l the pressure points: the constituency groupsz the advocacy groups, all those people that we serve and serve so honorably and well, and we a11 readily admit we can never give enough toz or never entitle them enough. In tWenty years that I have been down here, I have never been visited - never been visited - by an advocacy group, or a social service group, or a representative of a school district or a representative of the teachers' union who said to me: ''Thank you very much for what you do for us. Please don't give us any more. We have enough.'' And when that day comesz I want any of you who experience that to please call me, wherever I am - at Wrigley Fieldz or the race track, or Wherever I am - because I Want a picture of that and I want ta congratulate the person that says i*. It's not going to happen, and you and I know it's not going to happen. And so, I suppose it's easy to stand up here - and 1, for one, could certainly do it as well as Senator Philip can do it ll7 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 - and walk you right through the thirteen billion dollars and point out where we are not doing enough. And I dare say you can sit with the budget of the Congress of the United States and do the same thing. But that's What weîre elected to do - to make those judgments: to make those decisions. And our Senate Committee met and made what I thought Were a number of terrific decisions. Unfortunately, al1 the decisions are sitting on the -- on the Senate Calendar. On Senate 3rd Reading and on House 2nd Reading are all those bold-type bills. That's the budget. But at least we had the committee action. Senator Schaffer, no input? Youfve got five major bills on that Calendar that I am quite certain - even within your humble way - you made an impact on. Because we got to the point again where the bewitching hour, June 30, was quickly approaching. We were, in our judgment - the -- the political and governmental judgment of Senator Philip and I qetting nouhere with that other Chamber, and geeting nowhere, T might add, with the Second Floor, and so we made a decision. Senator Philip had a piece of paper and I had a piece of paper with what we thought ought to be put baek in. And I dare saye where do you think we got this? You think we made it up? What's reflected on the -- on our lists that We then jointly walked down to the Second Floor and said, ''Here, this is what we will do; this is what we, the Senate, will stand for.'' Where do you think I got this? Adult day care restoration. Dental -- adult dental restoration. Restoration in Mental Health. A restoration in DCFS. A restoration in State Police. Six and a half million dollars for Project Chance, which was not even in the original submission. It was put in as a result of a Senate amendment. And I dare say, without fear of contradiction, that literally everything on this list of importance came out of Senate committee action. I mean, who in the world do you think Senator Philip was responding to when he made up his list? I can tell you who I Was 118 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 responding to. I was respondin: to the wishes of my Members, as I knew them . Now my Members Wished for a heck of a lot more than is i on this list, as I'm sure you did. And a1l I can tell you is, we 1 did the best we could under the -- some very difficult circumstances, because one of the things that happened is those geniuses on the Second Floor then told their agency people - both the directors and the liaisons - ''Don't talk to those Democrats. Leave them alone. Don't tell them what impact this stuff is going to have. They might get some ideas on how to change it. We don't want that to happen. Wedll just kind of go along.' Well, we weren't going along. And I have heard and subscribed Eo and supported -- I was one of thirty who voted for Earnfare on a verified roll call. Earnfare has not yet met With the approval of the Chief Executive, I hope everybody in this room understands. And about ten days ago, I mek w1th Senator Collins and her group of well-intended citizens who helped put this thing together, and I said to them, HHave you visited the Second Floor? Because if, indeedr We are getting a11 this help as ue claim we are getting from the Office of the Governor, he ought to be able to at least - at least - to assign a number, tell me hoW much. What are you prepared to commit?'' And Senakor Philip and I went down, shoulder to shoulder, and one of the things we brought up was Earnfare, and I said, ''How much are you prepared to commit? Let me put thak down on my list.n 1'11 1et the Governor speak for himself, but the fact is it's on nobody's list at this moment, and that's unfortunate. But it's not subject to approval yet. And so I was not prepared, on the basis of What I knew Senate committee action to be: to say , ''Oh yes, Welll commit thirty-five million or fifty million to this new program, and 1.11 take it out of...'' Whatlll I take it out of? Where do I find it? Not easy to find. ''And if you can find thirty-five million dollarsy'' I said to the Governor: 'just drop the available ending balance.' Easy. Won't do it. l19 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1992 Okay. Hels the Executive; he doesn't have to do it. Ladies and Gentlemen, just for a moment, please. It's July 1st. We have a syending plan for the State of Illinois in front of us that calls for the expenditure of thirteen billion two hundred and ten million dollars. I suggest to you, it is truly always easy to say that we don't do enough. Why don't we take a look at the good that this budget will do? As Senator DeAngelis said yesterday on another subject, this isn't a good budget, but it's the best one we have and it will do a vast amount of good. And for that reason, I ask your Aye vote.
PRESIDING OPPICER: (SENATOR DEMUZIO) Question is: shall House Bill 2703 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have all voted who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that question, the Ayes are 42, the Nays are l6y 1 voting Present. The Senate -- let's see -- the House -- House Bill 2703, having received the required constitutional majority, is declared passed. Senator Rock. Rock. Senator Rock.
Thank you, Mr. President. Ladies and Gentlemen, as much as We would like, We have to recognize the fact Nhat this is not a unicameral legislature. Could I ask you please to just kind of stay put until I can get some affirmative response - or we can get some affirmative response from the House. We literally have one more bill of major significance kind of floating and that is the bond authorization increase. I know a number of the Members on the Floor are interested in some of those bond authorization increases Which have also been agreed to. It's just a matter of moving the paper. So I would suggest we just kind of stand at ease and we'11 aim at comkng back here at about 2:30, just to see where we are. Thank you. l20 STATE 0P ILLINOTS ' j 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
PRESIDING OFFICER: (SENATOR DEMUZIO) All right. 2:30. (AT EASE) (SENATE RECONVENES)
A11 right. Ladies and Gentlemen, al1 of you Who are attending conference committees in the building and are within the sound of my voice, we will beqin at Supplementals No. 2 and 3. And that 's Senators Berman and Carrollz Senator Demuzio, Senator Madigan, Senator DeAngelis and Senator Maitland. Messages from the House.
A Message from the House by Mr. O 'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has 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 152 -- pardon me. House Joint Resolution 158. It is congratulatory.
Consent Calendar.
A Message from the House by Mr. O lBrien, Clerk. Mr. President - I am directed to lnform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on House Bill 4070, and requests a Second Committee of Conference to consider the differences between I l21 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1997 the two Houses in regards to Amendment No. 2.
All right. Senator Vadalabene will move that the Senate again accede to the request of the House for a formation of a conference committee. A1l in favor of that motionz indicate by saying Aye. All opposed. The Ayes have it. The motion carriesz and the Senate does accede to the request of the House. Resolutions.
Senate Resolution 1487 offered by Senator Brookins and al1 Members. It is a death resolution.
Consent Calendar. A1l right. Ladies and Gentlemen, we will begin on Supplemental Calendar No. 2, and then We will move immediately to Supplemental Calendar No. 3. And the Secretary reliably informs me that 4 and 5 are in the works. As you can well imagine, the printer is a little backed up. I might advise those of you Who have not heard, the House has not yet dealt With the budqet, so We are kind of standing at the ready. Senator Luft, for what purpose do you arise, sir?
Thank you, Mr. President. This afEernoon, Mayor Daley called Governor Edgar and once again informed the Governor that the Metropolitan Airport Authority had to be passed before the Legislature adjourned this summer. The Mayor also made it clear that it was not his intention to strlng out the Legislature unkil fall. Unfortunately, since that phone cally the Mayor Daley, Senator Rock: nor I have been informed that -- additional Republican Senators had been added to that roll call. Only three free-thinking, courageous Republicans have chosen to support a reported two-hundred-thousand-plus jobs, a sixteen-billion-dollar infusion into the State's economyz and shared control of O'Hare, l22 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 1 Midway and Lake Calumet Airports. Therefore, Mr. President, I will not call for the Senate's consideration of Conference Committee Report No . l on House Bill 3898, and I reluctantly submit to those people who choose to squander the opportunity to ! ensure an economic resurgence for the entire State. My thanks to i Mayor Daley and his staff for a11 their efforts, and to al1 those who participated as positive reinforcers of the most massive job I bill in the history of this State. Thank you.
Supplemental Calendar No. 2. Senator Berman. On the Order of Seeretary 's Deskr Resolutions, is Senate Joint Resolution 184: Madam Secretary.
Senate Joint Resolution 184.
Senator Berman.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Joint Resolution l84 has been submitted by -- pursuant to bipartisan sponsorship, in conformity with the Illinois Statutes that relate to Constitutional -- proposed Constitutional Amendments. As we are all aware, in November there Will be on the ballot the Education Amendment to the Illinois Constitution. Under our Illinois Statutes, it is provided - and I will quote - that the General Assembly, in submitting an amendment to tbe Constitution to the electors, shall prepare a brief explanation of such amendment, a brief argument in favor of the same, a brief argument and the form in which such amendment will appear, and a brief argument against such amendment. That is What Senate Joint Resolution 184 is. It sets out the amendment in three different forms - the old, the legislative form , and the new. It sets out the arguments by the -- prepared by the 123 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 proponents. It sets out the arguments set out by the opponentsr and the form which will be submitted to the electors on the I November 3 ballot. I will be glad to respond to any questions, and I solicit your vote in support of Senate Joint Resolution 184. I I PRESIDENT ROCK: I ! Senator Berman has moved the adoption of Senate Joint Resolution 184. Discussion? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senake, I am reading this Resolution 184, and I note that your one headline on page 3 sayse ''THE EDUCATION AMENDMENT WILL NOT INCREASE YOUR STATE TAXES.H However, it's not set forth that the Education Amendment will very possibly increase the income taxes. That has not been set forth in this resolution. And we a11 know that the -- there's goin: to be an increase in taxes. So I don't think that's a correct statement. Simply -- if you're doin: it semantically in saying it won't increase your State taxes, that's true. You meant once -- perhaps, which State tax are we talking about? But are we talking about income tax? That in itself is a State tax. We have to pay income tax in the State of Illinois. So I do not feel that statement is correct on page 3. I think the paragraph on page 3 which starts ''THE EDUCATION AMENDMENT WILL N0T TNCREASE YOUR STATE TAXES#'' which is right on the top there - line 5 - and your line l on page 2 -- rather, line 28 on page 2 -- the title on line 27, ''IT IS TIME F0R THE PEOPLE TO SPEAK.'' It says - line 28 - that ''The Education Amendmenk empowers the people Eo speak for education and against local property taxes.'l There 's nothing - nothing at a1l - indicative -- if the passage -- if this amendment is passed, that the local property taxes won't be increased, and there's nothing at all stating in here that, certainly, the income taxes will have to be increased to meet the burden of the tax money involved. And I say that this is fallacious, and T speak l24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 against the adoption of this particular amendment on this basis.
Question is the adoption of the -- Senate Joint Resolution 184. Further discussion? Senator Karpiel.
Well, thank you, Mr. President. I rise in opposition to this resolution, not so much because of the content - because I hope you a11 understand these are the arguments for and against the amendment that wi1l be printed in the little blue book that the Secretary of State puts out - but by I rise in opposition because of the way this was passed and the way this committee was handled. I think if - our side of the aisle you Will read your analysis on this resolution, it pretty much tells the way it is. There was a committee. I served on that committee. We spent many hours working on the lanquage - both pro and con - and we had quite a few meetings. We were told by the chairman of that committee, at the very beginning, that we would each write our oWn 0ur QWn document Our Ofor'' arguments Or aur î'against'î arguments - and that's the way they would go into the brochure -- the booklet. We were told thatw when we suggested - 'Iwe'' being the opponents of this amendment - suggested that maybe We sit down and go at it point by point - your point for and then our response to that - we were told, No. Eaeh do our own; however we Want to do And that's it. And then When we presented those to the committee, they would not be changed. That isn't What happened. What happened ise ''you show me yours and 1.11 show you mine'' kind of a thing. Well, when we showed ours, they took theirs back and went down line by line and changed theirs in -- in reaction to ours. If you will look at the pros and the cons, you will see that every point pro every point for the amendment - is the exact opposite of every point against, on the amendment. And ours was written first. Theirs Was an entirely different document. STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1992 This committee was a hoax. It broke up because we could not come to any kind of an agreement, because we felt we had been underhanded. We had been betrayed. And for that reason, and many more - constitutional reasons, by the way - I would ask for a No vote. But before that: I Would like to - for legislative intent, so to speak - ask the sponsor some questions. Has the Joint Committee established by Senate Joint Resolution l57 been convened, as required by that resolution?
Senator Berman.
Yes.
Senator Karpiel.
Did -- did the eommittee - the entire committee - report to the Senate and House by June 25thz as required by Senate Joint Resolution 157?
Senator Berman.
The reporting date was extended by action of the Senate to June 30th. So the answer to your question is No.
Sena*or Karpiel.
Well, I would also suggest is No because the entire -- the committee did not make a report. Did the minority members of the committee vote to adopt the arguments against the amendment included in the report being submitted here?
Senator Berman. l26 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
Could you restate that, please?
Senator Karpiel.
Did the minority members of the eommittee vote to adopt the arguments against the amendment that is included in the report being submitted here?
Senator Berman.
I -- my recollection is that they did not vote: buk œhat is incorporated here is their final draft recommendations.
Senator Karpiel.
Have the Joint Committee taken a formal vote to adopt the report being presented here?
Senator Berman.
I think it's important to recognize Senate Joint Resolution 184 is noE the report of the committee. The committee did not reach closure, and did not have a report to make to the General Assembly.
Senator Karpiel.
Then whose report is this?
Senator Berman.
127 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 This is a Senate joint resolution sponsored by Senators Demuzio, Woodyard, Madigan and Berman, and it is in compliance with the requirements of the Illinois Statute. It is the four sponsors' Senate joint resolution, in conformity with Statutes; and if we receive the appropriate votes, Wi11 be the Senateds; and if it is approved by the appropriate vote in the Housee it Will be the General Assemblyds.
Senator Karpiel.
Who drafted this resolution? Was it drafted jointly with Senators Woodyard, Madiqany Demuzio?
Senator Berman.
No. Staff drafted it, pursuant to their observation of What took place in the committee and the submissions of al1 of the members in the committee, both pro and con.
Senator Karpiel.
Whose staff?
Senator Berman.
Majority staff.
Senator Karpiel.
Well, to the resolution, again: I just want to ask for a No vote. Let -- few hours aqoz many of us voted No on the budget proposal, and we did so more because of the process being used, 128 STATE OF ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 than because of the content. At least in my case, that was my reason for voting No. I ask you to again join in fairness, and defeat this resolution, that again trampled over the rights of the minorities, that broke their word that was -- that was made about policy and procedure that We were going to use in the commkttee, and send this back so that the minority representatives can have some input. ask for a No vote. Besides which...tmike cutoffl...
Senator Karpiel.
I do have concerns that this - and it's very possible that this report may violate Section 2 of the Illinois Constitutional Amendment Act, and I think it's inappropriate that we should vote on it at this time.
Further discussion? Senator Butler.
Thank you, Mr. President. Will the sponsor yield, please?
Senator Berman indicates he will yield, Senator Butler.
Senator, what further efforts Will be taken beyond this to fill out -- or flesh out the information which we -- which will be passed on to the taxpayers?
Senator Berman.
Welly pursuant to the Statute, the -- the narrow response to your question is that this document, if approved by both Housese qoes to the Secretary of State, he incorporates it into What we call the Blue Book, it's mailed ou* to every voter in the State of 129 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 131st Legislative Day July 1, 1992 I Illinois. Now that's a narrow response. The more -- the broader response is that, as has already taken place: and between now and November 3rd, there is going to be debatez editorial comment, letters, full-blown discussion - pro and con - on the Constitutional Amendment between now and November 3rd. j
Senator Butler.
Well, Senator: I'm a little disappointed in this. I thought there would be a little bit more than this. Because this really doesn't tell the taxpayers very much. I voted for khe original amendment, and -- but if -- unless a1l of the things you say are donez I'm -- frankly, I'm going to work like blazes against thise because this kind of information is just too empty ko suit my feeling that the taxpayers deserve a very full explanation.
Further discussion? Senator Dudycz.
A parliamentary inquiry, Mr. President.
Yes: sir.
How many votes are needed to pass this Senate joint resolution?
My underseanding is this is an ordinary resolution) it kill be then sent to the House; it will require a majority of those voting. Although in this case, I suppose, with the expenditure of money, ie would require thirty votes. Senator Fawell. Purther discussion?
Thank you very much. Will the sponsor yield for a question? 130 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislatkve Day July 1992
When the sponsor is -- Senator Berman.
Senator Berman, I note you've got ''THE EDUCATION AMENDMENT WILL NOT INCREASE YOUR STATE TAXES.'' Are you guaranteeing that there will be no increase in State taxes With that? Is that your intention?
Senator Berman.
Senator Fawellz if youfll look at lines 5 through 12 on page 3, says, ''THE EDUCATION AMENDMENT WILL NOT INCREASE YOUR STATE TAXES. Read the amendment. There is not one word about taxes. Constitutional amendments do not increase taxes. Only the opponents see any mention of taxes, and they represent special interests who like the way you pay for schools now .'' Nok you 'll look at the opponents' language, they talk about What is also missing regarding property tax relief. Again, it's the same answer. What we have done in here is to indicate policy that is set by the Constitution. The policy here is to provide a quality, adequate education for every child. How that is done kill be up to the Senate and the House and the Governor, through the Legislative process. Now...
Senator Fawell.
oo . tmachine cutoffl..oand you also go on to say, 'THE EDUCATION AMENDMENT IS THE ONLY WAY TO LOWER PROPERTY TAXES.H Are you going to guarantee, then, that all of our property taxes are lowered? PRESIDENT ROCK) Senator Berman. l31 STATE 0P ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July lz 1992 1
If youlll read the language underneath that heading, you will ! see that What We have been doing for the past near-twenty years is I decreasing State funding of schools and increasing the proportion I l of State funding of -- the proportion of funding of schools that comes from the property tax. The only way youfre going to reverse that - namely lower property taxes: and maintain the funding of education - is to increase State funding of schools.
Senator Fawell.
You go on to say, ''Property taxes will never be redueed unless the state steps up to its responsibility to pay for the schools.'' Senator Berman, that is an outright falsehood. We do not even decide here in the General Assembly hok much money goes to property taxes. According to this, your mayor - Mayor Daley - cannot lower the property taxes. He can't do it, because you are saying property taxes can't be redueed unless we pass thisw and youdve just done it. Now that's just wrong. People don't understand property taxes. You are telling them the only Way - the only possible kay - to get a property tax reduction is that they dve got to vote for this. That's not true. You know it; I know it. A lot of the people out there do not know it. If you are going to put this out so that the public will understand what we are doing (l) youdve got to say: f 'The Education Amendmenk will not increase your State Eaxes: but *he Assembly may, in order Eo fund this Constitutional Amendment, which, if it is passed, we will have no choice to do otherwiseo'' And you must also say, HYour property taxes may or may not be reduced, dependin: on the formula that we in the Assembly pass, or if your park district decides to reduce the levy, or if your municipality decides to reduce the levy, or your library board, or a half a dozen other l32 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 : things.'' For you to say that the only way - the only way - to I lower property taxes - that may look good on a sound bite, but ! where this is a legal document - and you cannot lie in a legal document that you are putting out to all the people. You also have said, Msome schools in Illinois spend $2,250 per pupil. Others spend $14,000.' 1 Name me one school that is in existence now that spends $14,000 dollars, and don't tell me Mccauley, because it's no longer in existence.
Further discussion? Senator Schaffer.
From time to time we've had these Constitutional Amendments that Wedve presented to the people, and eommittees have been selected and appointed, and We get some form of resolution. And I think most of us have attempted to review them. I've always thought that that -- the little blue mail piece Ehe Secretary of State's Offiee puts out is a good thing. Normally, when it's mailed, my office gets a bunch of calls from people who say, ''We1l, I got this in the mail; What does it mean? Give me a little a more informationo'' I think it causes people to think. And -- and I would be the first to admit, on occasion Ifve read the pro and con on an argument and thought that one side or the other may have gilded the lily a little, but I don't think I -- I can ever recall seeing things that I thought kere outright falsehoods in this publication at taxpayers' expense. You know, I - - I admit theydre skillfully draftedz but lf they aren't -- they aren't -- theydre more than half-truths and they aren't quite outright lies. I guess we can call them ninety percent half-truths or something? I don't know . I personally, without really takin: a position pro or con against the amendment, have problems with this Legislative Body presenting this type of a campaign rhekoric in that publication. I think that publication l33 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 131st Legislatlve Day July 1, 1992 should be a thoughtful discussion of both sides of the issue, not campaign pieces. There Will be a pro committee, I assume, and an anti committee, and they will both make eharges and countercharges in the nature of political campaigns. But for us to use the taxpayers' money to enter into that campaign with that kind of approach, I think is beneath our dignity. I Would strongly suggest that we do away with this amendment and see if we can put some cooler heads in a room - maybe some people not so directly ' involved and so emotionally tied in, either pro or eon - and -- l and the -- while we wait for our friends across the hall to get ! their act together, come up with language that brings credit to i the Senate - not discredit. 1
Further discussion? Senator Woodyard. 1 SENATOR WOODYARD: ! Well, thank you, Mr. President. I guess it is too bad that I this is the day past the last day of Session. I happen to have I supported the Constitutional Amendment, and a 1ot of the I ! discussion on the Floor of the Senate this afternoon has dealt j ! with the Amendment. That is not What this deals With. And quite frankly, I don't see anything Wrong With this -- with this resolution. Certainly therees going to be an awful lot of time between now and November for both sldes of this issue to present their arguments. And how on earth can you be opposed eo someehing ' that people in this State vote on as a Constitutional Amendment? I've never underskood Ehat. If you wank to -- if you want to adopt a Constikutional Amendment, then you vote for it; and if not, againsk it. But I don't know why this resolution has become so partisan. Was it because that we Republicans -- and I -- I've not been involved with the drafting of this language. I don 't see anything wrong wikh it. Was it because that *e. as Republicans: did not draft the language? That Democrats drafted the language? l34 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Or hadmoreinputthanwe? Idon'tevenknowthat. Ijustdon't t see anythin: wrong with the resolution, and itds Why I agreed to I i I sponsor this resolution. And I would seek your Aye vote on the resolution.
Further discussion? Senator Maitland.
Thank you very much, Mr. President and Members of the Senate. Senator Woodyard, you're absolutely correct. We are debating the - - the amendment once agaln, and not the issue before us. It was my hope, and I made a pledge to my leader khen he chose me for this position, to go and sit down with both sidese and in a bipartisan way, come up with language that would be acceptable to both Bodies, that would be concise or brief as the Statutes require us to do, pass it out of both Houses. When I met with Senator Berman initially and We worked on the proponent language - Senator Berman, you may recall - I talked about the need to make our language brief, not flowery. I felt that kas the way we ought to go. It is indeed unfortunate - and I dondt cast blame on any member of the committee - for my part, working on the budget and other issues that day, I wasn't able to attend the meetings. But I fear that the debate in the committee became very partisan and really skewed what We are about. And that, indeed, is too bad. I made a suggestion yesterday that we go back to the table and sit down, try to meet the spirit of the Statute, make brief statements that weren't flowery, and send it to both Bodies. That was rejected, and I guess I understand why ie was rejected by both sides. But we are facin: this afternoon a dilemma; khis has to pass before we leave. The one thing you could sayz I would suggest, is that both sides are treated fairly. Forget about who drafted what and who copied what. At least it's a pro/con on a group of subjects. I think it's a little bit lengthy. I further l35 STATE OF ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 believe that the Secretary of State has the opportunity to edit kf he believes it is too long for the document that he's going to mail out. I'm not sure of that, but I think he has. think we are facing a dilemma here today, and we must get about our business.
Senator Berman, to close.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. It is now 4:30 on July 1. I don't know how many minutes or hours we are going to be here, but under the present Statutes, We must - the General Assembly must - adopt a resolution with the description of the Constitutional proposed Amendment, the arguments pro and the arguments con. That is what you have before you. Let me point out to you -- and if those of you who have listened to this debate think about it a minute, you 'll see how facetious some of the opponents' arguments are. Senator Karpiel suggests that because the proponents, after they saw the arguments developed by the opponents, because the proponents revised their arguments, that this was a breach of faith or breach of a commitment. Well, Ladies and Gentlemen, we -- We operate as a publie body. This is not hide-and-go-seek. This is not closed-door manipulations. This is a document which is submitted to al1 the voters. And the process must be open. No one, including the chairman of this committee - Who is not a member of the Senate - no one could make a commitment saying that the proponents could or could not make any argument or that the opponents could or could not make any argument. The arguments in this resolution -- the proponents drafted the proponenesl arguments and the opponents have drafted the opponents ' argument. It was done openly. It Was done aboveboard. Al1 sides saw what the other side was doinq. And each side adopted its own 136 I STATE OF ILLINOIS I 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT l31se Leqislative Day July 1, 1992 : arguments. That's the Way it should be. 1, as a proponent, did not dictate to any opponent What they should say, and vice versa. The Constitutional Amendment is on the ballot. We owe a responsibility to disseminate information that will allow people to ask questions of us in the political process. Senator Butler, the book isn't big enough to cover a1l the arguments ehat Will be involved in this debate. It is succinct; it is short; lt is the ! pros; it is the cons. I ask an Aye vote on Senate Joint I I Resolution 184. PRESIDENT ROCK: ' Senator Berman has moved the adoption of Senate Joint ! I Resolution 184. Those in favor will vote Aye. Opposed will vote ' ! Nay. And the voting ls open. Have a1l voted Who Wish? Have al1 l voted who wish? Have all voted who wish? Have a1l voted Who i wish? All voted who wish? Take the record. On that question, ! ehere are 41 Ayes, 17 Naysz none voting Present. Senate Joint 1 : I Resolution 184, having received the required constitutional I majority, is declared adopted. Ladies and Gentlemen, before we j move to Supplemental Calendar No. 2, and I would alert the Members on No . 2: Senators Demuzioz Madigan, DeAngelis and Maitland . Before we move to that Order, Senator Davidson, early -- earlier today , asked leave to get back to paqe 21 on the Calendar. If you I can take a look at your regular Calendar. On the regular Calendar under the Order of Conference Committee Reports, Madam Seeretary - we're at the top of page 21 - there is a Conference Committee Report on House Bill 3598.
Pirst Conference Committee Report on House Bill 3598.
Senator Davidson.
Mr. President and Members of the Senate, Conference Committee l37 STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 No. 1 on 3598 does four things -- or five things. First off, it deletes all the provision about the State Treasurer's opposition to the credit card payment for the Secretary of State. That 's ' ; totally removed. They've worked out their differencesz and that's 1 I resolved. This Conference Committee does four thinqs. One, ' creates a drug-free truck stop and rest area zone, like We did for the drug-free school zone here earlier this year. This has language recommended by the Department of Corrections. Enhances the penalties for second and third conviction. Secondly, there is a provision for the new car and truck dealers to make the time frame for processing auto title -- auto titles uniformly with the Department of Revenue's automobile tax deadline. Changes the violaeion of this Section from a Class A misdemeanor to a petty offense. Three, enables -- enabling legislation for the City of Chicago to enter into a cooperative arrangement with the Secretary of State in order to collect the city vehicle registration fee. Secretary of State would suspend the registration on vehicles the owners of which do not purchase their registration sticker. A provision for reimbursement of expenses incurred by the Secretary of State's included. Four, includes what we had in the original bill - it increases the fee for those -- for bad checks from five to fifteen dollars, which is what normal bank cost is for returning a bank -- bad check today. And lastly, establishes a two-thousand-dollar petty cash fund at six additional driver facilities, so that these facilities could offer the service of selling reqistration plates and stickers. These facilities are Champaign, Decatur, Marion, Naperville, Peoria and Rockford. As it is, there's only two today - Chicago and Springfield . I move the adoption of Conference Committee Report No. l for House Bill 3598.
Centleman has moved the adoption of the Conference Committee l38 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislakive Day July lg 1992 Report on House Bill 3598. Discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on House Bill 3598. Those in favor will vote Aye. Opposed, vote Nay. And the voting 's open. A1l voted who Wish? Have al1 voted Who wish? Have a1l voted who wish? Have a1l voted kho wish? Take the record. On that question, there are 57 Ayes, no Naysp 2 voting none voting Present. The Senate does adopt the Conference Committee Report on House Bill 3598, and the bill, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, wedre on Supplemental Calendar No. 2 -- No. 3. I beg your pardon. Supplemental No. 3. ...tmachine cutoffl.a.awaiting the machine being loaded. Senator Maitland, Wedll have to go right down the line. It's just makes it easier on the machine. PRESIDING OFFICERI (SENATOR LECHOWICZ) House Bill 854. Senator Demuzio. Read the bill, Madam Seeretary .
First Conference Committee Report on House Bill 854.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Demuzio.
Well: thank you, Mr. President and Ladies and Gentlemen of the Senate. I am finally glad to have this thing called, because my co-sponsor, Senator Fawell, has been very much concerned about this -- this bill. This bill now does eleven different things of which I know of no controversy, and if anybody would like for me to go through them, I1d be delighted to do so. Okay. Is that a yes or a no? Okay. I ask for your support.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question -- is there any discussion? Question is, shall the Senate adopt the Conference Committee Report on House Bi11 854. 139 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Leqislative Day July 1, 1992 A11 in favorz vote Aye. A1l opposedz vote Nay . The votinq is open. Have al1 voted who wish? Have a11 voted Who wish? Please take the record. On this question, there are 54 Ayes, l Nay , none recorded as Present. And the Senate does adopt the Conference Committee Report on House Bill 854, and this bill, having received the constitutional majority, is hereby declared passed. House Bill 2750. Senator Madigan. Read the bill, Madam Secretary.
First Conference Committee Report on House Bill 2750.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Madigan.
Thank you. Mr. President and Members of the Senate. House -- or the Conference Committee Report on House Bill 2750 is basically the same language as We passed in the Senate, and as also passed the House. It -- the House, on the Senate amendment, had some questions about the language on the amendment ehat we added in so far as exempting 1aw enforcement from this bill. There's been agreed language on it, and I Would ask for concurrence on Conference Committee Report -- or ask to adopt Conference Committee Report No. 1 on House Bil1 2750.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Any discussion? Question is, shall the Senate adopt the Conference Committee Report on House Bill 2750. A1l those in favor, vote Aye. All opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 59 Ayes, no Nays, none recorded as Present. And the Senate does concur and adopt the Conference Committee Report on House Bill 2750. This billw having received the constitutional majority, is hereby declared passed. House Bill 3692. Senator DeAngelis. Read the bill, Madam Secretary. 140 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
First Conference Committee Report on House Bi11 3692.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you: Mr. President. Conference Committee Report No. l on House Bill 3692 -- if you dll a1l recall, this was an extensive DCCA bill. The House rejected a couple of the provisions. Most of the bill is intact. DCCA is in favor of the bill. I know of no opposition to I Would urge the adoption of Conference Committee Repork No. l on House Bill 3692.
PRESIDING OPPICER: (SENATOR LECHOWICZ) Is there any diseussion? Senator Demuzio.
Well, thank you very mueh, Mr. -- Mr. President. I rise in support of the adoption of this Conference Committee Report, and want to eommend Senator DeAngelis for the marvelous job that he has done with this particular piece of legislation and to say khank you very much for all the eourtesies that he afforded me during the debate with respect to this bill. Thank you.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Is there any further discussion? Senator DeAngelis, to close. This bill has Wings. I'm sorry. Senator Keats. Keats.
Page 6 -- this stuff about the film produetion promotions. Is this what authorizes all those bonds that we supposedly authorized for this?
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator DeAngelis. Sounds like an eeho. Senator DeAngelisy please. SENATOR DeANGELIS: Senator Keatsg that is language that permits DCCA to pay for 14l STATE OP ILLINOIS 87th GENERAL ASSEMBLY : REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1: 1992 : security costs that are involved when they block off streets for I the filming of certain movies. As you know, the film industry is ! p I pretty large in Illinois. i
PRESIDING OPFICER: (SENATOR LECHOWICZ) I Any further discussion? Senator Welch. ! SENATOR WELCH 1 : I Question of the sponsor. 1
PRESIDING OEFICER: (SENATOR LECHOWICZ) Indicates he Will. SENATOR WELCH: : Senator, the analysis says that there ls authorization for an Environmental Protection Agency regulatory assistancetosmall business pursuant to the Federal Clean Air Act amendments. How 1 : muchdoesthateosteandWhereisthemoneycominqfrom? 1
PRESIDING OPFICER: (SENATOR LECHOWICZ) Senator DeAngelis. SENATOR DeANGELIS: Just a minute.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator... Senator DeAngelis. SENATOR DeANGELIS: Senator Welch, I have been advised they 're federal pass-through dollars through EPA . We do not have the amount of dollars yee.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Welch. Senator DeAngelis, to close. SENATOR DeANGELIS: Roll call.
PRESIDING OPFICER: (SENATOR LECHOWICZ) The question is# shall the Senate adopt the Conference Committee Report on House Bill 3692. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. Have al1 voted who 142 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 wish? Have a11 voted Who Wish? Please take the record. On this question: there are 53 Ayes: no Nays: l recorded as Present. And l the Senate does adopt the Conference Committee Report on House Bill 3692. And this bill, having received the constitutional I i ! majority, is hereby declared passed. Senate Bi11 186. Senator Maitland. Maitland, Madam. Senator Maitland.
Thank you very much, Mr. President and Members of the Senake. Idm reliably informed that -- that Senate Bill -- the First Conference Committee Report on Senate Bill l86 has already failed in -- in the House. So I1m going to move that we -- that we aecept this Conference Committee Report and ask for a No vote, because We're going to have go back and get a Second Conference Committee.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Senator Maitland moves...
I appreciate a No vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall the Senate adopt the Conference Committee Report on Senate Bill 186. Those in favor, vote Aye. Those opposed, vote Nay. The voting is open. No, please. Have a11 voted who Wish? Please take the record. 0n this question, there are 4 Ayes, 52 Nays, l recorded as Present. And the Senate does not adopt the Conference Committee Report on Senate Bill 186, and a Second Conference Committee is requested. Leave of *he Body, we 'll turn to page 23 on the Calendar: appears Senate Bill 1567. Is there any objection? Hearing none, Senate Bill 1567. Read the bill, Madam Secretary. 1567.
Conference Committee Report on Senate Bill 1567.
PRESIDING OFFICER: (SENATOR LECHOWICZ) l43 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Senator Cullerton. Senator Collins. Senator Collins is being recognized...
Thank you, Mr. President and Members of the Senate. I had taken this bill outofthe recordthelasttimewe had called it. 1 This bill -- this Conference Committee, among other thingsr ! contains provisions at the request of the New and Used Car 1 I Dealers' Association With regard to sending notification to the i Secretary of State's Office. It extends that for five days. But i the main provision is a bill that creates the Special Veterans' ! License Plate Fund. This is supported by the veterans' groups, as Well as the Secretary of State. It's identical to a bill that Senator Philip had which passed, but due ko a verification, fell ! one vote short. And as a matter of fact, as Senator Philip indicated, we have created a task force to study the need for ! veterans' plates, but perhaps instead of having that task force, wecanjustpassthisb111. It'snotabadideazbecause it has been worked on with the 1aw enforcement community. They were 1 concerned that the size of the numbers on this plate be large enough so that they - in this case only - decided to put the -- the veteransl designation in the area where ''Land of Lincoln'' ! would be. But that would only apply in these -- for these plates. I With regard to the current veterans' plates that we have, they would remain in effect, but this may have the effect of not having to create neW cateqories. And be happy to answer any questionsy and urge an Aye vote. PRESTDING OFFICERJ (SENATOR LECHOWICZ) Any discussion? Senator Watson. Excuse me.
Thank you, Mr. President. I -- unfortunately, I don't have an analysis of this Conference Committee Report, I guess. I thought we had debated this not very long ago - twice before. I *hink 1 144 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION GENATE TRANSCRIPT 131st Legislative Day July le 1992 that the issue at hand here, Senator, is the -- the license plates I issue. We have passed the resolution asking the Secretary of State to establish a task force to -- to look into this whole issue of license plates. The -- the reporting date is December 1st of this year. So wedll have ample timez so next year we can come back and hopefully address this -- this eoncern that -- that seems to be very trying with you, obviously, because this is: as you say, the third time youlve run this up the flag. I -- the law enforcement eommunity has an incredible problem With the license plates issue. They always have. They probably Will, simply because of the duplication. We have some -- a hundred and seventy-six different types of license plates. Now Welre going ko add more. Even though theydre -- the veterans are going to pay for them - certainly that makes it maybe more acceptable to some, but then to others, here we lre asking the veterans to pay for -- more money for the plate in which maybe they -- maybe they shouldn't even have to pay for it period, because theylre veterans. Theylve served this country. But anyway, let those issues be aired out in a task force and 1et us come back in December with some sort of a recommendation so the Legislature can actually do maybe some of the things that you Want to see done: Senator. And I -- for the life of me, I don't know uhen these issues finally go away. I guess it's When We just drive out of this parking 1ot up here and leave When it finally ends. Buk I'd urge a No vote . END OF TAPE TAPE 5 145 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
PRESIDING OFFICER: (SENATOR LECHOWICZ) E ..olmachine cutoffl...further discussion? Senator Cullerton, to close. SENATORCULLERTON: 1 I Well, Senator Watson, to respond: This was Senator Philip's bill, which got thirty votes, but Was verified down to twenty-nine. Itwasabillthat--youremember he got up and 1 spoke about -- that lt was a qood idea, because the veterans in ! his organization had -- had asked for ft. The fact is, we ereated : a task force because the bill didn't pass. Well, now we got an opportunity to pass the bill. Why -- why create a task force to study whether or not we should pass this bill ar not? Let's just vote on it. And I Would say that the veterans are for it. And if anything else, it Will have the effect of putting an end to these special veterans' platesz because every time ue have a -- a mtlitary excursion, somebody wants ko run in and get a new plate. This we 'll have a generie veterans' plate. In that regard, it's a positive thing' and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LECHOWICZ) Question is, shall the Senate adopt the Conference Committee ReportonSenateBill1567. A11infavor:voteAye. A11opposed, vote Nay. The voting is open. Have al1 voted Who Wish? Have a11 1 voted who wish? Please take the record. On this question, there are 22 Ayes, 26 Nays, 2 recorded as Present. And the Senate does not adopt the Conference Committee Report on Senate Bill 1567, and is hereby declared lost. President Rock.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I would ask leave of the Body to move to page 18 on the Calendar for the consideration of Senate Joint Resolution 183. I have just spoken with Senator Philip: and I do believe he wishes to have a brief caucus of the minority Members. And then we will come 146 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 immediately back and deal With 183.
PRESIDING OPFICER: (SENATOR LECHOWICZ) Gentleman asks leave to go to page 18 of the Calendar, Senate Joint Resolution 183. Any objections? Hearing none, leave is granted. The Lady from Lake, Senaeor Geo-Rarisz What purpose you seek recognition?
Mr. President, I think the President spoke lt alreadyz but I want to remind the Members of my stde that there will be a Caucus in Senator James ''Pate'' Philip's Office: now .
PRESIDING OPFICER: (SENATOR LECHOWICZ) That request is in order. There'll be a Republican Caucus in Senator Philip 's Office immediately. And the Senate will stand at ease until the hour of 5:30. (AT EASE) (SENATE RECONVENES)
Messages from the House.
A Message from the House by Mr. O 'Brien. Clerk. Mr. President I am directed to inform the Senate that the House of Representakives has refused to adopt *he First Conference Committee Report on Senate Bill 186, and requests a Second Conference Committee to conslder the differences between the two Houses in regards to Amendment No. 1. Action taken by the House, July 1, 1992. I have a like Message on Senate Bill 2233, regarding l47 STATE 0F ILLINOIS 87*h GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 : Amendments 1, 2, 3, 4 and 5; Conference Committee Report on House I Bill 3261, regarding Amendments 1, 2, 3 and 47 and House Bill E 3882, regarding Amendmenk No. 2. I ;
All right. Senator Vadalabene will again move that the Senate aecede to the request of the House for the formation of a conference committee and/or a second conference committee. Al1 in favor, indicate by saying Aye. A11 opposed. The Ayes have it. The motion carriese and it is so ordered. Ladies and Gentlemen, We will be proceedin: with Senate Joint Resolution 183, and then welll move to Supplemental Calendar No. 4, which Ehe Secretary informs me has been distributed. On Supplemental 4 is Senators Etheredge, Welcb, Mahar and Savickas. And for the information of the Membership: The House is in caucus. And shortly upon coming out of caucus, we are to be advised what the disposition of their caucus is -- has been, and whether or not Lhey are prepared to proceed with the budget. If, indeed, they do not proceed: it appears we may well be here tomorrow. Messages from the House.
A Message from the House by Mr. O 'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the followin: joint resolution, in the adoption of which I am instructed to ask the concurrenee of the Senatez to wit: House Joint Resolution 160. It is substantive.
All rivht. With leave of the Body. wedll ask that that be placed on the Order of Secretary's Desk, Resolutions.
PRESIDING OFFICER: (SENATOR COLLINS) Resolutions. On page 18 of the Calendar - your regular Calendar - SJR 183. Senator Rock. I mean -- I'm sorry. Madam l48 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1: 1992 Secretary, read the resolution.
Senate Joint Resolution 183 offered by President Rock. (Secretary reads SJR No. 183)
PRESIDING OFFICER: (SENATOR COLLINS) Senator Rock.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, on June 24th of this year I received - as I think every other Leader did a memorandum from Senator Aldo DeAngelis and Representative Andrew McGann, as Co-chairmen of the Legislative Audit Commission, with respeet to reeommendations for the position of Auditor General of the State of Illinois. And I Would like, for the purposes of the record, to put this in the record, that the memo recites, pursuant to Chapter 15, Section 302-3 of the Tllinois Revised Staeutes of the State of Illinoise which states, ''(a) Except as may otherwise be provided by the Joint Rules of the General Assembly: ''(1) Upon the creation of a vaeancy in the office of Auditor General, the Commission shall diligently search out qualified candidates for the office and make recommendations to the General Assembly; '42) The Auditor General shall be appointed by a joint resolution of the Senate and the House of Representativese Which may specify the date upon Ksicl (on) which this <sic> (the) appointment takes effect. '(b) A joint resolution, or other document as may be specified by the Joint Rules, appointing an Auditor General must be certified by the Speaker of the House and the President of the Senate as having been adopted by the affirmative vote of 3/5 of the members elected to each house, respectively, and be filed with the Secretary of Stake.'' 149 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 I And '(c) An appointment of an Auditor General takes effect on the day the appointment is completed by the General Assembly, unless tbe appointment specifies a later date on Which it is to become effective.'' And Senators DeAngelis and Representative McGann go on to say, as Co-chairmen of the Legislative Audit Commission, ''Hereby respectfully submit the recommendations for the Office of Audltor Generalr in alphabetical order, as follows:'' And there follows seven names - with khich I'm sure weîre al1 familiar - and further recites that ''The above agreement on the nominees was unanimously approved at a meettng of the Legislatlve Audit Commission held at eight o'clock a.m. on this date of June 24.99 And it goes on to recite who was present. We have had, as a General Assemblyy a vacancy since the first of the year in that office, due to our own action - the General Assembly action - offering early retirement opportunities, as we have to State employees. And I suggest - and although Senator Philip and I have discussed the possibilieyr at least: of deferring this until November or next year - I suggest that we should institutionally fill that vacancy, and fill it within a reasonable time frame. We should not allow that vacancy to conkinue, as it ki11 into next yearz if, indeed, we do not act. And so I am pleased to present for your consideration William Holland of Springfield for that position. He is a young man of - in my judqment - unquestioned ability and integrity. A young man of unquestioned energy. But more importantly, one who understands and reveres this institution. I view tbis for him as a terrific, nonpartisan, professional opporeunity. He Will not, he tells me - and told me, frankly: only earlier today - he will not be a candidate for this Offiee in November. And I decided to go ahead, because we, in Government, should not lose a man of this caliber - a man who has served in the House and the Senate in very responsible capacities; who has served all of us very well, as the 150 STATE OF ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 head of our Washington, D.C. Office; and Who has served responsibly as my Chief of Staff, and has, I suggest, , distinguished himself, and certainly, acquitted himself admirably. I can tell you he shares my love and respect for this institution and this process. He knows and understands the people and the i business, and he is a consummate professional. I would ask you, please, to give him this opportunity. He will serve you well, as he has served all of us. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Rock has moved the adoption of Senate Joint Resolution 183. Discussion? If not, those in favor -- Senator -- Senator Demuzio. SENATOR DEMUZIO : ' Thank you very much, Madam President. 1, too, want to rise in support of the nomination of Bill Holland. I have had the honor and the distinction of having served on the Audit Commission for as lonq as I can remember being in the General Assembly, along with Senator Hall and Senator Vadalabene. I think We are perhaps the longest-serving members of that Commission. I also happen to have been the sponsor of Bob Cronson here eight years ago, in his quest to be reappointed to another ken-year term as the Auditor General. I -- I believe that Bob Cronson has certainly set the standard for those who follow in his footsteps, because of the manner and form in which he condueted himself as Ehe Auditor General of the State of Illinois. I also took the time during the - - the last nominating period, eight years ago, to review the record of the Leqislature and the debate with respect to Bob Cronson's first appointnent. And I can remember back in reading those articles that there Was a number of questions that Were raised with respect to Bob Cronson's political background. At the kime, Bob, I think, had served as both -- as the Assistant Secretary of State, both for Charlie Carpentier: and also as 151 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Assistant Secretary of State for Michael Howlett. And there Were a number of accusations and terse debate with respect to his i nomination during that period of time, and Bob was nominated, and received three-fifths of the General Assembly at that time, in order to beeome the Auditor General. Eight years ago, why that same issue was raised aqain with respect to his background. Well, I believe that we've interviewed some thirty-six people to be the Auditor General of the State of Illinois this time, and I do believe that we have picked out seven outstanding eandidates, without any question. I perceive Bill Holland to be the most exemplary eandidate that is among those seven. But 1et me point out that among each of those seven individuals, I suspect that we could look at each of their political backgrounds and they would have something of one party or another - there would be something that we could say about each one of those individuals. And I think We have to put that aside when we select someone to head this tremendously important Constitutional Office of providing oversight for all of the agencies of government: and I think that Bill Holland has certainly demonstrated that he has the ability to do that. As Senator Rock has indieated, he was our person in Washingkon kho handled the first Office of -- of Intergovernmental Cooperationg I guess it was called at the time. When Bill Redmond was the Speaker of the House, and he managed to do -- also be there when George Ryan became Speaker of the House, as I recall. And so therefs never really been any quarrel with the fact that he can serve in a eapacity that is nonpartisan in nature and that he has *he integrityp and certainly has the -- the abilityy to act in a very fair manner. And I believe that, in this particular instance, he happens to be perhaps the most qualified person that we have among the seven. There are those who have indicated that perhaps we ought not to do this now) that perhaps we ought to do this in November. I've had, for the last week or so -- had the 152 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 opportunity to go through the Constitutional Convention debate l l with respect to the appointment of a Auditor General in a timely i ! fashion. And Iwon'ttake the time to --to read you the actual 1 I transcripts of thecommentsthatweremadeatthetimeybutIdo 1 i want to impress upon everyone that we are here, We are in business, it is a legislative responslbility for us to select an Auditor General. And the resolution that is before us -- I think that it's our responsibility today to consider that individual and to fill this position as quickly as we possibly can. I'm sort of a historian around here. I guess I've been around here for a long period of time, but I do believe that We can effectively continue our integrity and effectively continue the bipartisanship by which We have operated the -- the -- the Commission - the Audit Commission - and I think it'1l be an effective operation With Bill Holland as the next Auditor General. Thank you, Madam Secretary.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Berman.
Thank you, Madam President, Ladies and Gentlemen of the House. That's an error. Beverly, I withdraw that. That's -- that was -- that was a misstakement. Ladies and Gentlemen of the Senate, in thinking about this resolution, something came to my mind that I Wanted to share with -- primarily with my colleagues on the other side of the aisle. A few years ago we went through a very difficultz heated Senate campaign contest. There Was a gentleman that spearheaded the Republican Senate Committeey and with his other hat, filled the same position on the Republican side that Bill Holland fills on khis side. After that election, the Governor - I am sure at the request of the Minority Leader - saw fit to nominate that individual to be the Director of the Department of Revenue. And I remember some of the discussion in our caucus, regarding that nomination. And there were some people I 153 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 1 on my side of the aisle that were so embittered by the tenor of I the campaign that words eouldn't deseribe their revolt at even the suggestion of a promotion for this gentleman. Our President, Phil I i Rock, in his inimitable way, said this Was the suggestion of the Minority Leader, this was the suggestion of the Governor. Regardless of the bitterness that may have prevailed in some of those contests, this was their prerogative, and Phil saw to it that Roger Sweee was confirmed. I suggest that, my friends on the other side of the aislee this would be a fine time to reciprocate to Phil Rock and to Bill Holland. Thank you, Madam President.
PRESIDING OFPICER: (SENATOR COLLINS) Further discussion? Senator Severns.
Thank you, Madam President and Members of the Senate. To keep it brief and also to reiterate pretty much what Senator Berman just said: I remember as a new freshman in the Senate in 1987, this nomination that Senator Berman just talked about is the first one I really remember. And I remember arguing, as a new freshman, in our Democratic Caucus, that we ought not hold up his nomination due to his doing his job and doing it Well. In 1987 I argued that point on behalf of Roger Sweet; 1992 I argue it on behalf of Bill Holland. No one has questioned Bill Holland's ability; no one has questioned his integrity; no one has queseioned his capacity ko do his job, and to do this jobp and to do it well. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Jones.
Yes. 1, too, rise in support of Senate Joint Resolution 183. And I recall the spirited debate when we first elected our first Auditor General, when I was in the House. And I recall the debate about the partisanship and whether or not that person who's -- who l54 STATE OF ILLTNOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 has served in that capacity would serve in that capacity fairly ! and equal to a11 those persons in Illinois. And T recall When I ! served in the House, there was another young man who served in that House, and that person is Bill Holland. And of the times that I went to Washingtone the door was always open. He Was always able to aid and assist in most things that I asked him to do. When I came to the Senate: Bill Holland Was Chief of Staff. I've worked with him; he's always handled things in a fair and professional manner - eminently qualified to do the job. A person who will work With everyone. And I think we should give him a unanimous vote, because he is that type of person.
PRESIDING OFFICER: (SENATOR COLLINS) Further discussion? Senator Lechokicz.
Thank you, Madam President, Ladies and Gentlemen of the Senate. This past Sunday, this Body surprised me in a very: very nice way. And When I was thinking about the people that I servedy both in the House and the Senate, from all seetions of this State, it brought back very fond memories of working together, of structuring programs, budgets that really improved the quality of life for the people of Illinois. I think you also have to remember: along those same thoughts, are the fine staff people welve had in both Bodies on both sides. I worked very closely with the Republicans in the House, whether they were in the majority or the minority, and I've always tried to do that in this Body as well. Itls a matter of courtesy and respeck of one individual to anokher in trying to accomplish what we consider best for the people of Illlnois. I had some great colleaguese both in khe House and the Senate. as elected Members, as well as staff people. I probably go back longer with this nominee than most. I was the Chair of the Appropriations Committee at the time. I was -- in factz Ward Johnson kas in eharge of the staff l55 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 ! for Clyde Choate when this gentleman was hired. Ilve always dealt i With staff as I've dealt with everybody else; if there's a job to I do, we sit down and try to do it. I can't tell you that I -- that ' I was impressed in 1974 khen I met Bill Holland, but I sure Was I impressed by the end of 1974, because of the fact of the type of I work dedication that this man put forward in a committee. And 1 ! that type of dedication kas proven to be quite successfuly because then he was appointed the head of the committee - the head of the I staff. When Bill Redmond and Phil Rock opened an office in Washington because there was an office by the State that wasn 't functioning to the elected officials and the municipal officials to the degree that We thought Was necessary: they said, ''Now, Who ! in the world wants to accept that responsibility that knows State I government and Wants to go to Washington?'' Bill Holland *as that man. And anybody who went to Washingtons as Emil pointed out, i there was an open-door policy promoting every aspect of what's good in Illinois. I had a little different relationship . Whenever I go to Washington I go to Danny Rostenkowski's office, andIdon'thavetoomanyproblems. ButItoldBill When I was 1 I there, 'dYou can calluponDanny,andhewilltrytohelpyouin j any way he can: as well as the Republican leadership .'' Bob Michel's no slouch, and heês been very good eo this State. I was so pleased when I came to the Senate and Bill Holland was in charqe of the staff. Why? I knew that he was a man of . competency, of dedication: and he Will try to aecept the responsibilities of every Member on this side of the aisle, as well as, if itfs possible, on the other side of the aisle. That's what I think we need in an Auditor General. A man of experience - seventeen years of experience in State Government; seventeen years i of dedication in State Government; seventeen years of public i service. A family man actively involved in this community. And I know he will definitely prove the fact that whether he worked With i l56 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Dave Regner on the Appropriations Committee or Bud Washburn or Francis Whitney or Roger Sweet. Everybody Who Worked With Bill Holland knew he was a gentleman and he brought forth the best thoughts forward. That's wbat we need in an Auditor General - a fair, compassionate, dedicated individual, as we have in Bill Holland . And I Rove for the adoption.
PRESIDING OFFICER: (SENATOR COLLINS) Eurther discussion? Senator Vadalabene.
Thank you, Madam President. I probably - I'm not probably, I am - the oldest sitting Member of the Legislative Audit Commission, and I now serve as Secretary of that Commission, which was held by the late Fred Smith. I Was on the Audit Commission when we we screened candldates, and Robert Cronson was selectedw so that's going back a long time. I do know this: that we've screened a 1ot of candidates in the early seventies and we've screened a lot of candidates just in the last few months. Bill Holland is just as good a candidate as any of them - they were all fine, and I think this appointment Will be well-served. Thank you.
PRESIDING OFPICER: (SENATOR COLLINS) Senator Rock: to close.
Thank you, Madam President. Ladies and Gentleman of the Senate, my colleagues: let me just say again, I rise in strong support of this joint resolution. I have spoken with Ehe House Leadership and told of them my intention. And I hope al1 of you will step baek a moment and think, because I have not and I would like the record to reflece - no one - no oner has questioned, or eould, I think, this young man's capability, competencyw integrity, knowledge of the system. And if the only justification for perhaps not supporting this resolution is l57 STATE OP ILLINOIS 87th GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 politics, I would suggest that's not something that we ought to be very proud about. The quality of Illlnois Government is our responsibility, as elected public officials, particularly when we are in a position to be, as we are now, the appointing power for a hiqh offiee. We have all, over the years in various parts of the Statee encouraged entry into government and politics by the younger folks around us. We have in our oWn Assembly a very extensive internship program, just for that purpose. And to have somebody rise through the system and then have an opportunity denied beeause he or she was too politicaly in my judgment, simply doesn't make any sense. We get here personally individually - and we achieve this opportunity by virtue of public election, by virtue of politics. That is not, nor should it ever be, a dirty word. Nor should partisan politics ever be a dirty word. But I suggest to you that when you have a young man of this caliber <ho has a proven traek record, who has the professional background to fulfill the obligations and responsibilieies of this offices and more importantly, knows and reveres this institution and its people, ke ought not let him get away. I would urge the adoption of Senate Joint Resolution 183.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Rock has moved the adoption of Senate Joint Resolution 183. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted Who wish? Have a11 voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 34 Ayes, no Nays, 25 PresenEs. Having failed to receive the required constitutional majority, the motion fails. On Supplemental 3 on Supplemental 4, on your desks. We lre going to move to Supplemental 4, Conference Committee Reports. Starting out, the lineup is: Senator Etheredqe, Welch, Welch, Mahar, and Senator Savickas. Senator Etheredge. Senator Fawelle for what purpose do you arise? l58 STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992
A matter of personal privilege.
PRESIDING OFFICER: (SENATOR COLLINS) State your poink, please.
Senator Berman...
PRESIDING OFFICER: (SENATOR COLLINS) Senator Berman.
Senator Bermanr I Would like to apologize if you feel that I have personally insulted you in the heat of debate. I certainly did not mean to. I do think what We were discussing in the past is wrong. That's my personal feeling. I think We are presenting the wrong kind of information to the public. I did not mean it as a personal insult or reflection on you. And if you took it or thought I meant so# 1, at this timey would like to publicly apologize.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Berman.
Thank you, Senator.
PRESIDING OFEICER: (SENATOR COLLINS) Supplemental 4. Senator Etheredge. Etheredge. Are you Madam Secretary.
Pirse Conference Committee Report on House Bill 3418.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Etheredge.
Thank you -- thank you, Madam President and Ladies and Gentlemen of the Senate. The Conference Committee Repork on House Bill 3418 consists of two parts. The first part brought to us by 159 STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 the County Treasurers. The second part is submitted at the request of the Department of Revenue. 80th of these matters have I been brought before the Senate Within the last several days and i weeks. They have both passed this Body by -- on votes of 59 to nothing. I would be happy to respond to any questions you might have about them , but if there are none, then I Would ask for a favorable roll call. I PRESIDING OFPICER: (SENATOR COLLINS) I Senator Eeheredge has moved to adopt the First Conference I Committee Report of House Bill 3418. Discussion? Discussion? If I not: the question is, shall the Senate adopt the First Conference Committee Report on House Bill 3418. Those in favor Will vote 1 Aye. Opposed, Nay. The voting is open. Have all voted who Wish? Have a1l voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. And the Senate does adopt the First Conference Committee Report of House Bill ' 3418. And having received the required constitutional majority, House Bill 3418 is declared passed. House Bill 4025. Senator Welch. Read the bill, Mr. -- Mr. Secretary.
ACTING SECRETARY: (MR. HARRX) First Conference Committee Report on House Bill 4025. :
PRESIDING OPPICER: (SENATOR COLLINS) Senator Welch. '
Thank you, Madam President. Tbis Conference Committee comes back with -- the only change is the amount of money that is going to be allowed to be transferred from the Environmental Prokection Agency to the Pollution Control Board. This raises that amount to a ceiling of five hundred thousand dollars to the Pollution Control Board from the Environmental Protection Agency Permit and Inspection Fund. It's my understanding that there currently is over a million dollars in that fund: and this will not deplete the 160 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July lr 1992 fund to the extent that they can't perform their duties this year. I'd be glad to answer any questions. PRESIDING OFFICER: (SENATOR COLLINS) I Senator -- Senator Welch has moved the adoption of the First I Conference Committee Report on House Bill 4025. Discussion? l Senator Karpiel. ' SENATOR KARPIEL: ! Thank you, Madam President. Question of the sponsor. Senator I Welch, has the EPA signed -- IEPA signed off on this, do you know? 1 . PRESIDING OFFICER: (SENATOR COLLINS) l Ilm sorry. Senator Karpiel. Senator Welch. I ! SENATOR WELCH: I I No: they haven't signed off. They are -- they are still opposed to it, but I understand that -- I believe the 1 I administration is for it. : PRESIDING OPFICER: (SENATOR COLLINS) 1 I Senator Karpiel. Senator Karpiel. Further discussion? ! Senator Macdonald. !
! Thank you, Madam President. I rise in support of this Conference Committee Report. My understanding is, from A1 ! Grosboll from the Governor's Offiee, that the dlfferences have : been resolved and that this amendmenk -- that this Conference Committee Report is agreed upon.
PRESIDING OFFICER: (SENATOR COLLINS) Senator Welch, to close.
I would just urge an Aye vote. This has passed in a form similar before.
PRESIDING OFFICER: (SENATOR COLLINS) The question is, shall the Senate adopt khe First Conference Committee Report of House Bill 4025. Those in favor Will vote 16l STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l3lsk Legislative Day July 1, 1992 Aye. Opposed, Nay. The voting is open. Has a1l have al1 voted who Wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, l voting Present. Having received the required -- and the Senate does adopt Ehe First Conference Committee Report of House Bill 4025. And having received the required constitutional majority, this bill is declared passed. Senate Bill 1071. Senator Welch. Mr. Seeretary.
ACTING SECRETARY: (MR. HAQRX) First Conference Committee Report on Senate Bill 1071.
PRESIDING OPFICER: (SENATOR COLLINS) Senator Welch.
Thank you, Madam President. What this Conference Committee Report does is it# first of all, deletes the original bill. What it does next is add a bill that we passed out of the Senate but got held up in the House after it got out of their committee. At the time it was being held up, the IMA objected to some of the language in it concerning the peak demand period . They have now been mollified. Their objection has been removed. And khat the bill now does is amend the Public Utilities Act by replacing everything, and allows the Illinois Commerce Commission to consider rate skructures that would encourage energy efficiency as a plan of meeting energy demands as a part of their Least Cost Energy Plan study. This is going to be a study of how differential rates on electricity could encourage the conserving of electricity throughout the State of Illinois. I'd be glad to ansuer any questions.
Discussion? Senator Geo-Karis.
Sponsor yield for a question? l62 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1: 1992
Indieates he wi1l yield. Senator Geo-Karis.
Is the Citizens Utility Board and the Illinots Manufacturers' Association, the Illinois Industrial Utility Consumers still opposed to this?
Senator Welch.
Yes, the IMA is in support. Wedve been told by the House that CUB is in support. And the third Mroup, I don't knoc khae wedve heard from, Senator.
Senator oh. Okay. Further discussion? A1l right. If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1071. Those in favory vote Aye. Opposed, vote Nay. The voting's open. Al1 voted who wish? Have all voted who wish? Have all voted Who Wish? A11 voted who wish? Take the record. On that question, there are 57 Ayes, l Nay: none voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1071, and the bill: having received the required constitutlonal majority, is declared passed. 2048. Senator Mahar. Mr. Secretary, please.
ACTING SECRETARY: (MR. HAPRY) Second Conference Committee Report on Senate Bill 2048.
Senator Mahar.
Thank you, Mr. President. Last night, when we discussed the Firsk Conference Committee Report on Senate Bill 2048, there was a great deal of bipartisan nonsupport. And the reason for that is that the Report offered an amendment from the House which -- which l63 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 created the Casino Gamblin: Impact Study Task Force. The Second ! Conference Committee removes that languaqe. So I know of no -- no ' problems with the bill, and ask for the adoption of the Second i Conference Committee Report to Senate Bill 2048. i
A11 right. The Gentleman has moved the adoption of the Conference Committee Report on Senate Bill 2048. Diseussion? If : not, khe question is, shall the Senate adopt the Conference 4 Committee Report on Senate Bill 2048. Those in favorz vote Aye. 1 Opposed, vote Nay. The voting's open. Have a11 voted who wish? ! Have a1l voted who wish? Have all voted who wish? Take the I record. On that question, there are 58 Ayes, no Nays, none voting ! Present. The Senate does adopt the Conference Committee Report on j I Senate Bill 2048, and the bill, having received the required 4 constitutional majority, is deelared passed. Senator Savickas. j I 2093. Mr. Secretary, please. j l
ACTING SECRETARY: (MR. HAPRY) First Conference Committee Report on Senate Bill 2093.
Senator Savickas.
Yes. Mr. President and Members of the Senate' Conference i Committee Report No. l to Senate Bill 2093 has about twenty-five t items that have been changed. I ean read through them . Probably - - I had given a copy of what we have done With this Conference Commiktee Report to the Republican staff. I don't knok if they fve read through it or not. If therels a question, I will go through each and every item . If note I would move its concurrence -- or its adoption.
The Gentleman has moved the adoption of the Conference Committee Report on Senate Bill 2093. Discussion? Senator 164 l STATE OF ILLINOIS ! 87th GENERAL ASSEMBLY REGULAR EESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Fawell.
Thank you very much. This is a Local Covernment bill. He is right, khere were no Republican signatures on it, and I think if you will read the analysis you will see that there was some good reasons for it. It does have quick-take in it for the City of Chicago. Ik does have some DASA language that the Governor's I Office would like. There is a provision which was in House Bill I 470 - the Treasurer guarantees surety of business seeking ! contracts with the government, requested by the Treasurer's I Office. And essentially, the State is insuring a businessman from I defaulting. And I think that's the -- sort of the seraw that . broke the camel's back on this one. I would suggest my side, ae I leastz take a very good look at this. Thank you. ! PRESIDENT ROCK : I Further discussion? Senator Schuneman. i SENATOR SCHUNEMAN: ! Thank you, Mr. President. Well, apparently this bill has been 1 loaded down With a number of issues that have lost -- been 1 defeated in one House or another. Another provision that has been I attached is the surety bond guarantee fund that the State I Treasurer has been -- is attempttng to start. That issue was I defeated in the House, although it did carry here in the Senate; 1 but I still stand in opposition to that idea: which I think is a bad one and should not be started in this particular form . There may be a right way of doing itg but I certainly object to this one .
Further discussion? Senator Davidson. SENATORDAVIDSON: 1 Question of the sponsor.
165 i I STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Sponsor indicates hefll yield, Senator Davidson.
Senator Savickas, can you tell me why or What county board wants to make the change? Under the present 1aW, county board will appropriate funds as may be necessary for the maintenance of the health department. This language you have in this bill says the county boards are required to appropriate funds sufficient to fund the approved budget of the county health department. Whether they have the money or not, theydre required to do it. And as a former county board chairman, I want to tell you, this language is offensive, and I would urge everybody to vote No.
Further discusston? Senator Butler.
Thank you, Mr. President. I rise again to -- in opposition to this bill. You will recall, I think some of the argument was the fact that it places the State in the position of guaranteeing sureties on private sector contracts. And T think, flatly, that is the wrong kind of position to put the Seate ln. Secondly, it guarantees sureties on projects and people who cannot get bonds in the first place because their -- their financial positions are in ! - - in great doube. So why We would want to expose the State to ! this kind of a -- this kind of a guarantee is beyond mey and I I would urge a No. I PRESIDENT ROCKI Further discussion? Senator Dudycz. SENATOR DUDYCZ) Well, thank you, Mr. President. I would like to ask the sponsor a question about the provision that gives quick-take powers to publie building commissions located within Cook County. Our analysis says that this quick-take will be used for a maximum of three acres and such property shall be used by the Chicago 166 STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 Board of Education for elemenkary school purposes, and that this quick-take authority shall only exist for a period of twenty-four months. I'd like to knok where is this land, Senatorp if you know , and what does ehis -- this provision pertain to?
Senator Savickas.
Yes. Let me address some of those items as they came up. Senator Davidson addressed an lssue that was requested by Senator Fawell in Dupage County, and if it's contrary to what county board poliey should be, I Would think that they could resolve lt between themselves. Probably not... The tko other items that were addressed by Senator Butler dealing with the bond guarantee and minority, female and disabled loan program were controversial, anJ were requested in the Conference Committee Report to be included. And hopefully that -- with time, the people would understand their full meaning and support the issue. Senator Dudycz, the quick-take and eminent domain power was watered-down, and basically is -- and I can't give you the answer if they have a : specific piece of property or a location or noty but it was . specifically for the Board of Education for -- to purchase for ehe construction of an elementary sehool. And that is, at this poink, ! a1l I can tell you. I PRESIDENT ROCK: j ! Senator Dudycz. : SENATOR DUDYCZ: 1 Well, Senator, this -- this Conference Committee also gives i the Public Building Commission the general power to provide ! reloeation assistance and compensation for landowners displaced by any land acquisition. So there -- I'm just wondering: are -- are we displacinq homeowners or where are ke doing this? Why -- why - - whythesecrecyaboutthelocationofthis? 1 ' 167 STATE OF ILLINOIS 87th GENEKAL ASSEMBLY REGULAR SESSION i SENATE TRANSCRIPT i 131st Legislative Day July 1, 1992 I 1
! Eenator Savickas.
Wellr Senator, that is in current law, and wedve just made it i more open, not very specific. It's no different than the current I laW. PRESIDENT ROCK: I ; Further discussion? Senator Savickasy you wish to close?
Well, I -- Mr. President, I do Wish to seek adoption of ehis I Conference Committee, and I know there are some lssues that may be exciting to some people, but it is just, basieally, a cleanup in local government, and hopefully, we can move along with it. I !
All right. The question is: shall the Senate adopt the Conferenee Committee Report on Senate Bill 2093. Those in favor, I I vote Aye. Opposed, vote Nay. And the voting 's open. Al1 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Have al1 voted who wish? Have al1 voted Who kish? Take the record. On that question, there are 25 Ayes, 31 Nays, none voting Present. The Conference Committee Report is notadoptedyandtheSecretaryshallsoinformtheHouse. Senator Savickas requests a Second Committee of Conference. All in favor, 'j indicate by saying Aye. Opposedy Nay. The Ayes have it. The Secretary shall so inform the House. Ladies and Gentlemen, if I can have your attention. As we speak, the House Member: have just come out of their respective caucuses. The Speaker has informed me that the differences between the Governor and Mr. Daniels are, at this moment, irreconcilable, and -- with respect to the Medicaid assessment, and that as a result of that, there are votes being withheld on the budget, and so the Speaker is announcing as we speak that the House Will adjourn until eleven o'clock tomorrow 168 STATE OP ILLINOIS 87th GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 131st Legislative Day July 1, 1992 morning, as will we, to afford the Governor an opportunity to settle his differences with Mr. Daniels. If, indeed, there is no resolution by noon tomorrowy we will then confer with the Governor and pick a day next week to come back. So the Senate will stand ! adjourned till eleven o'clock tomorrow morning. : ! ! 1 l69 ! a AEPûktTI TIFLOAY 3 TATtc t. lf: izLLI40 IS 93/5:/12 PàGf: 00k G7-f'1-1 G2.q1--R#kt. A.SSE.zIt.;LY 16 :22:46 Sci' iA-I-E D,AILY T,t2fh1Su-R.1P'fI0li ()F D 1 621AT E INOEX JULY 01m 1992 F1.- ()1ot) 20NFdRbtk'-,tu H0-0tl5# (;C)F:F'ErlEIkCfi H .- 269# REIDUStr TO 11ECEDù 14L%-2-/133 #tEECIûLLED aIi- 2-/03 THIRi) R tAtpIIXG l-I -2Tt )3 .'.kOT I0N H,3-27J)() CCINFEERdfkcE l-Ib-27&T (;5,kFEitkEllci! H .- 3037 Z0f4f7ERlihtt.cE 14.5-32b t ()OikFERERCè i-lt'7-32û.' 5 C 0IqFàr4ENCi: H .- 53l.i L -,UNFEREfç. :E Ho-3.:l.o C,UCkFERENC(! F1.,- 34:)3 C,OISFERENEQ 910-3/+95 C (JI4i-ERE:REt: Hb-35t'ita CtJ,%F.(iRt:l&1Ctu H - 35%?3 CCJ1 '$1Ff:,'1EIIICi: Hs-36 92 CJtlFiEREQCE a,3- 3-10 ? ClJ,k!-7Z-RE:i..Ck i H - 3-(39 u-0jîlPf'0 4t':hlC.k:è H 0- 37â.& C(JtçFL-kIEivCd IdS.-3t'$a2 (:2t'Jl.1f.fu.4 'Sp.Ctu H -33%/1 C,OtkFtilxcrll:lti .j.;-k;-oq.y- g'rj.ji-.R 01u-3(;f,6 . 1EilUSi. Th 'J q C-.Cf:()E H -fiO25 Ct3AlFkiRtziA4Cc: 1-lo-#cl*9 CIJIF.FtRuzI'$1Cf H .u-407us C 0,1ioE:Rtii'1Cc k H - ffl.z3 . -OikFtè:x.Lp1w'a ' S0- 01t)lz C,tJl. éILISRat' lcii Sa-022t 2t3,':!Q:i' ,kEiaf-ki S.-0911 J:)thlFtzf tC-.)t' --iz S L'- 0pb/#. C,0.'t(Tt)71.R2l1(:L S-- ()954 ..iu1T lCd1 '9uJ- t)9o9 CdskFfuIt2'hlC ci , t52- 1071 E:)'1IZI.idcltC2 3 - l5b7 o0thii-E'2t:Flc.L- Sw'- 15;>7 ';UT OF Il . .fiC.L1htt; S=- 1:32 Ct)''0f2E:1cdcE S - lfau1 w.t3tvFERUNLE S u- l-/k$9 C0:.1F'tlt.iikCt. S0- tt.9 2 C0).!EUR1 .lElhICfc S.-- 1939 .. . -G.%kFL-At-,*12t; .3,3- l9taJ (;0.qFERaIî.CL- S -20# 3 CO1ï!bt/(tcikCE .%'5-20g3 CL1l' oFErlE''NCi: 3 w,-2d33 C ()lkF'2Rc'i1Cc: S$4- l1.o-J 2v'ioJLtlTI3fl tl/f2f 16.1C'D Sfl- k#6ks ikJSOLU1-10û CIFF2-ilE() SR- 1#3T . RC:.S0LU1-Itij: (JJFFERLi) ,4J'k- 01 42 itki.sOLuT'IGIM tJFFàRJD 11JK- 0lo0 2, 'i.sI'JLUTI(2.' 9 C)FF:flri() SJlk- 0l33 ' tc.sOLUT IOlk IZAILt E0 SJdt-0lJiy AIJJPTë:D SJk-0lcsti 7c:S (;LU rIUhl 0I:LFE,t'iiL) &UUJJLLCT '.1/hT TlfIk 1 .tZC l cSS PAGS 17 SUENAT.2 'tv:iCJ/IV f.ike.. % PAGE p'RAYi' éR T'H 1 2.'xCE'dctt.zI.1J STA'1 Ht. lPt ,'. 'OLJD PAGE 18 i' kESS;$G:i i-RGkvj 1-l-jCi 21g;US1E PAGE A 1- ilpiSi: PAGE 121 ,SE iF1ATJ 51F-t.G;kVE1hlu-S PgGE l21 R&pe' RfI TIFLt)AY %TATE OF ILLIi s rflIS 93/:7/22 eAGE : (3C42 ui7TH GENER/L g,s.SEC';;J>LY 10:22:*6 ScRATt: . t3>'tILY T,1>kKSw ;k1PTI:);k 0F ()t!toATE Ir1DE)( JUL? 1)l v l992 SUOJECT i:itl-Tlzfl !.;LS, SAGf7S F;(ki2.1 1'Hd I-113USIi PAGE 121 AT JASE. PAGE 1# 7 ' ;iritAT:i REC0;4Viu. , . ' 'N!2:S PAGE 1*7 ,j! 7sSAGES FRtli.i T1.1ti 1-lOUSEf PAGE 1* 7 ADJOURt1iwibàT PAGE 169