Illinois Senate Floor Debate — July 2, 1992

The hour of eleven having arrived, the Senate uill please come to order. Will the Members be at their desks, and Wil1 our guests in the gallery kindly rise . Our prayer this morning by F'ather Hugh Cassidy, Blessed Sacrament Church, Springfield, Illinois. Fa*he r.

(Prayer by Father Hugh Cassidy)

Reading of the Journal, Madam Secretary. Senator Hall.

Thank you, Mr. President and Ladies and Gentlemen of the Senate . I move that reading and approval of the Journals of Monday, June 22nd; Tuesday, June 23rd; Wednesdayy June 24th; Thursday, June 25th; Priday# June 26th; Saturday, June 27th; Sunday, June 28th; Monday, June 29th; Tuesday, June 30th; and Wednesday July the lst , in the year 1992, be postponed , pending arrival of the printed Journals .

You Ive heard the motion as placed by Senator Hall . Any discussion? If not# a11 in favor, indicate by saying Aye. Opposed . The Ayes have it. The motion carries , and it is so ordered. Madam Secretary, have any objections been filed with Resolutions Consent Calendar?

There have been no objections filed, Mr. President.

A11 right. Senator Vadalabene will then move the adoption of the Resolutions Consent Calendar. A11 in favor, indicate by saying Aye. Opposed# Nay. The Ayes have it. The motion carries, and those resolutions are adopted. Ladies and Gentlemen, just so everybody 's aware of where we are , I have spoken this morning with l  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 both the Speaker and Senator Philip . It is the intent of the I Chair to do only that which is absolutely necessary to conclude our business. So if you'll turn to your Calendar, We have a House Joint Resolueion 160, at page 18 on the Calendar. On the Order of E Secretary 's Desk, Resolutions, We have House Joint Resolution 160, I which Will provide to the Secretary of State the argument in the I r form for the constitutional amendment that is proposed and will be ! on the ballot in November. The Secretary is quite anxious to be i in receipt of that. And if you'll turn to page 20 at the top y Senator Carroll w11l present the Conference Committee Report on ! House Bill 2834, which will increase the bond authorization so the I state of Illinois can move forward. And on page 2l, there is a Conferenee Committee Report on Senate Bill 1903, if Senator ! Donahue is here to present it, Which will clean up some language : that we inadvertently tinkered with when We passed 1733. Madam Secretary, on the Order of Secretary 's Desk, Resolutions. Senator Leverenz, you ready? On the Order of Secretary Is Desk, ! Resolutions, is House Joink Resolution 160. Madam Secretaryy . please. I SECRETARY HAWRER : i House Joint Resolution 160. ;

I Senator Leverenz. l

I Thank you, Mr. President: Ladies and Gentlemen of the Senate. House Joint Resolution l60 provides, starting on the first page, the explanation of the Crime Victims Bill of Rights Amendment . It provides also the reason that it should pass, the argument there is in favor of , followed by an argument against, which simply states that most of the things are laid out in Statutes of the State of Illinois. Answer any questions that you might have . Ask for your Aye vote to pass the resolution -- or adopt it. 2  STATE OF ILLINOIS 87th GENEM L ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2e 1992

All right. Ouestion is the adoption of House Joint Resolution 160 . Discussion? Senator Fawell.

I 'm sorry . Would you tell us what the -- the resolution is? We haven 't got it over here .

It Wasz indeedy distributed. It should be on your desk. Senator Leverenz .

T appreciate the Senator's question. I will go back over it. On page l starts the explanation of the Crime Victims Bill of Rights -- she is now Waving me off # Mr . President -- but the argument against and the argument for is there. This was distribueed yesterday afternoon. And I would surely urge your Aye vote to adopt this resolution.

... (machine cutoff)...Karpiel, for what purpose do you arise?

Thank you, Mr. President. Question of the sponsor.

Senator Leverenz indlcates he will yield.

Thank you. Senator Leverenz. I have no problem with the resolution. I think it's well-written. I just have a quick question . Who wrote it?

Senator Leverenz .

The language was brought down on fax by the Attorney General 's Offiee out of Chieago .

3  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 I ( Senator Karpiel. '

Thank -- thank you.

A1l right. Purther discussion on House Joint Resolution 160? If nok, the question is the adoption of House Joint Resolution 160. Those in favor will vote Aye. Opposed, vote Nay. And the I voting's open. Have all voted who wish? Have al1 voted who Wish? Have al1 voted who Wish? Take the record. On that question, there are 58 Ayes, no Naysg none voting Present. House Joint Resolution 160, having received the required constitutional majority, is declared passed. Top of page 20# there's a Conference Committee Report on House Bill 2834, Madam Secretary. SECRETARY HAWKER: ! First Corrected Conference Committee Report on House Bill 2834 .

Senator Carroll . SENATOR CARROLL 1 Thank you # Mr . President, Ladies and Gentlemen of the Senate . The F' irst Ksic> (Corrected) Conference Committee Report on House Bill 2834 does basically two things. It corrects some errors that were diseovered in ehe bill that Senator Topinka had handled w that I guess we call ''Son of 45,'' some of the things that effectuate the budget we passed. And in addition, it is the general bond authorization lnerease levels . Among those of interest that we have corrected - there was a question on the Tourism Program. The bill that Senator Topinka had handled, the Bureau af the Budget had used the lower figure from the House for tourism promotion , which was some 4.6 million dollars , when in fact it is supposed to be ten million . This corrects that and says that each month they will give one-twelfth of ten million, so that the full tourism 4  STATE OP ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 money has been restored and corrects the account. It corrects a mistake as to Surcharge Distributive Fund. It increases the bond 1 authorization categories in each of their categories to take care of those projects that We in the Senate have authorized in the appropriation bill. And it reflects a11 of the recommended ' changes from the Senate Democrat and Republican Caueuses and the Bureau of the Budgetw and I would urge passaqe of the Conference - - First Corrected Conference Committee Report on House Bill 2834.

The Gentleman has moved the adoption of the First Corrected Conference Committee Report on House Bill 2834. Is there any discussion? If not, the question isy shall the Senate accept -- adopt the Conference Committee Report on House Bill 2834. 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? Have al1 voted who Wish? Take the record. On that question, there are 51 Ayesy 2 Nays, none voting Present. The Senate does adopt the Conference Committee Report on House Bill 2834, and the bill, having received the required constitutional majority, is declared passed. Top of page 2le Senate Bill 1903. Madam Secretary , please .

First Conference Colnmittee Report on Senate Bill 1903. I

Senator Donahue. I

Thank you , Mr . President, Ladies and Gentlemen of the Senate . This is the bill that will -- deletes the original bill, and it repeals tlne language that provided for the electronic home detention for an offender who is within ninety days of the projected release date, or on bond pending trial or appeal, or on mandatory supervised release . This Was the language Ehat was in 5  STATE OF ILLINOIS 87th GENEM L ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 Senate Bill 1783 that We did on June 30th and everyone was concerned about it. It 's the electronic home detention language . So if you?re all liskenlng, this is something you all wanted. So I would move for its adoption .

All right. The Lady has moved the adoption of the Conference Com ittee Report on Senate Bill 1903. Discussion? Senator Cullerton.

Yes# would the sponsor yield?

Indicates she will yield, Senator Cullerton.

Do you know whether or not the language that found its way into the bill that we passed the other night -- was it an initiative of the Department of Corrections?

Senator Donahue .

Yes # sir, it was.

Senator Cullerton .

And is it the Governor 's position that he wants to -- has he indicated that he wants to have this removed, or was it the Governor 's position through the Department of Corrections that he Wanted it in?

Senator Donahue .

Yes . the Department wants it. The Governor was in favor of it , but it 's the Legislature and the people of this General 6  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 I I Assembly that wanted this to be able to be voted on. PRESIDENT ROCK: Senator Cullerton. , SENATOR CULLERTON: ! Well, I you just said that the Governor and the Department of I ! Corrections wanted it in two days ago, and now two days later they want it out. I just wondered -- Wellz I'm sorry. If you're ' suggesting... ! PRESIDENT ROCK: I Senator Donahue. ! SENATOR DONAHUE: l I did not say that, sir. I said, yes, the Department wanted ; it in. yes, the Governor had signed off of it. But, noz it was ! the people of this General Assembly that wanted this language to ! have an opportunity to vote on it. PRESIDENT ROCK) 1 senator cullerton. I SENATOR CULLERTON: ! Okay. So we donlt know if the Governor is even going to sign this Conference Committee. As a matter of fact, it reverses a 1 decision that he had made to allow for electronie eavesdropping -- I I'm sorry, Electronic Home Dêtention program to be expanded. And 1 I ! what you re saying is the Governor is probably not in favor of this. ë PRESIDENT ROCK: Senator Donahue. SENATOR DONAHUE: I am not aware one Way or another. What I'm trying to do is to give the people of this Legislative Body an opportunity to vote on this particular issue. PRESIDING OFFICERZ (SENATOR DEMUZTO) Senator Cullerton. ! 7 ! k  STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION : SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992

Yes. Well, I assume that the Governor and the Department of : Corrections put this in the other bill, and it was probably appropriate khat it be in the bill that called for cuts in State Government, because they felt that it was going to save the State some money. So do you have an idea as to whether or not -- how many people would be affected by this, how many new prisons, beds, would be -- have to be paid for by the State if we don't have this provision that the Governor asked for? In other words, What is the fiscal impact of passing this bill reversing the action that we took a couple of days ago?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue.

I don't think anyone knows the answer to that question, Mr. Cullerton. But 1111 tell you, I think that it's -- as happens ! occasionally in this Chamber, we get a lot of things that get sort of -- misinformation that gets out there and the concern that , people have, and that's a11 wedre doingy is giving them a chance ! to vote on this to take the language out. We don't know if it's going to pass. Do you? T donft. All Wedre doing is makin: that offer. Here it is, and let's vote her up or down.

PRESIDING OFPICER: (SENATOR DEMUZIO) Senator Cullerton.

So you don't know what *he fiscal impact of passing this would be. That's what your answer is? Okay. Thank you very much, Mr. President.

PRESIDING OFPICER: (SENATOR DEMUZIO) Further discussion? Well we have -- it's my understanding we have Senators Watson, Geo-Karis, Dudycz and Hawkinson. Senator Watson. Senator Watson, are you finished? 8  STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 SENATOR WATSON: Ihaven'tstarted. 1 i PRESIDING OFFICER: (SENATOR DEMUZIO) I Senator Watson. SENATOR WATSON : Thank you. Thank you. Just maybe to answer the previous speaker, a question that he may have. This was a concept that was brought up in the Appropriations Committee by Director Peters as a possible means by which to alleviate the prison crowding. That was one of the issues that he mentloned that could help in that 1 regard, and that's what this is a1l about. But I do have a I question of the sponsor, if she kould yield, please. I PRESIDING OFFICER: (SENATOR DEMUZIO) I Sponsor indicates she will yteld. Senator Watson. SENATOR WATSON: People are referrinq this to the Willie Horton issue, which is unfortunate, because perception is -- is sometimes everythinge but -- what type of an inmate are we talking about here who will be -- who will receive the provision of the ninety-day early out? Are we talking about the murderers and those people with the heinous crimes and all, or are we talking about maybe lesser offended individuals? PRESIDING OFFICER: (SENATOR DEMDZIO) Senator Watson. Senator Donahue. SENATOR DONAHUE: Yes, those are in -- those are the people, buk those people are within ninety days of release. So they fre ready -- theydre already going to be out in a very short period of time, and this puts them in home detention. I mean. that was the issue and, yes, it is to alleviate the overcrowding in our prisons. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Watson. I 9 l  STATE OF ILLINOIS 87th GENZRAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992

This eliminates that then?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue.

Yes.

PRESIDING OFFICER: (SENATOR DEMUZIO) All right. Further discussion? Senator Geo-Karis.

Mr. President, Ladies and Gentlemen of the Senate, what this does is prevents murderers and people who are guilty of other heinous crimes from getting out ninety days earlier, and I think We should prohibit them from getting out ninety days earlier. And I certainly support the bill.

PRESIDING OFFICER: (SENATOR DEMUZIO) A11 right. Further discussion? Senator Hawkinson.

Thank you, Mr. President. I rise in support cf this Conference Committee. This recommendation and others were made to the task force, of which I and Senator Dunn are Members. The task force refused to include this recommendation in its interim recommendations to the General Assembly. I think everyone realizes that this was contained in a report that was presented at five minutes till midnight, was not explained by anybody as being in the bill, and that this is an opportunity to vote on this issue, understanding what it is. And I would urge an Aye vote.

PRESTDTNG OFFTCER: (SENATOR DEMUZTO) Furkher discussion? Senator Fawell.

Thank you very much. I'd like to correct an impression apparently some of us have got. I happened to be at the Appropriation Committee where this was talked about by the 10  STATE OF ILLINOIS I 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT ! 132nd Legislative Day July 2, 1992 1 . Director of prisons. What he was talking about was not murderers and rapists and, frankly, anybody who Was convicted of a violent I ; crime. It Was instead people Who have been convicted of I : nonviolent crimes of -- people Who are -- have been convicted of nothing that has to do With -- people Who have been convicted of ! I -- of misdemeanors and white-collar crimes; the idea being that We can allow them to be sent back home. They have to pay their oWn ! room and board at that point. It will literally save the State: I they estimated, thousands of dollars. Very frankly, we're goin: ! to get those people back, one way or another, on the streets in ninety days. We -- they -- they estimate that this uill also allow ; us not to have to build another prison to house these people. I l think the arguments were good ones. I understand the political I implications of this. Nobody wants to be voting for a Willie Horton bill, and if that's what wedre going to do on the campaign 1 ë trail - go out and designate this as the Willie Horton bill of the century - obviously everybodyfs qoing to vote No. My personal I feeling is# it's not a bad idea, guys. If we'd get our guts together and -- and swear that we wouldndt do this to each otherz I think we ought to -- we ought to knock this bill down. PRESTDING OFFICER; (SENATOR DEMUZIO) Further discussion? Senator Leverenz.

Would the sponsor yield to a -- two questions?

PRESIDING OFPICER: (SENATOR DEMUZIO) Sponsor indicates she will yleld. Senator Leverenz.

This would correct then -- this would correct then the following : HoW many felons would have been eligible, or are eliglble now, and how many bracelets exist?

PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Donahue. r 11  STATE OF ILLINOIS 87th GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 1 . : SENATOR DONAHUE: I don 't know the answer to thae question, Senator. ! PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Leverenz. SENATOR LEVERENZ: I understand that there may be as many as fourteen thousand felons that could have been -- this could have been applicable to. Senator Hawkinson is giving me a corrected figure probably, by shakinq his head no. But there were fourteen thousand and then two thousand bracelets. So, it would take a heck of a 1ot more bracelets. PRESIDING OPFICER: (SENATOR DEMUZIO) Senator Donahue. SENATOR DONAHUE: Well, your mathematics is good. Senator Hawkinson just indicated to me that it was about eight hundred. So if there's i tuo thousand bracelets, then we can manage that. I think the perception here -- Senator Fawell hit the nail on the head. I r mean, it lsn't lntended to be for the murderers and rapists, although the Wording in the language allowed that. So that's what i -- why wedre having the opportunity to vote on it today. i PRESIDING OFFICER: (SENATOR DEMUZIO) Eurther discussion? Senator Hall. . SENATOR HALL: i Thank you, Mr. President, Ladies and Gentlemen of the Senate. I As a11 of you knowy when the Director came before us and explained what these are, a 1ot of people don't realize that theysre in effect now. But we Were assured that it would be people who have I been investigated, folks that they have -- know something about. And this makes a person who is released with these on, they can keep in touch with that person by electronic devices. And that was the idea, for us to free up some of these and make spaces for 12 k-  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 inmates. We've got a large roll of added inmates every day. Every one of our penal institutions are way above what they should be . And you know when we, some years ago, put the -- what Was that term we used when we were building more prisons and everybody was doing this; that everything that was a misdemeanor became a felony? Judges by the orders of the Legislature and the -- the Governor, of course that tf a person who came before a judge, that he, instead of getting a -- a suspension, he -- he goes to jail. And I remember -- many of you remember that they Were letting prisoners out who are for worse crimes to put neW prisoners in. And that's what the thing is. So -- but it has been working very well, and that is the reason whyy and -- Senator is explaining that and she's exactly right, and this is what the Director told us.

Purther discussion? Senator Severns.

Thank you, Mr. President. I understand wedve had too much debate on this issue already. What concerns me is I think some of the comments on the Floor probably have left a little -- maybe some of us confused. A Yes vote on this Conference Committee Report reverses - and 1'11 read from the analysis here - I'reverses the provision that expands the Electronic Home Detention Programo'' So contrary to what Senator Fawell mentioned earlier, a Yes vote reverses that language to expand the program. I would urge a Yes vote, and move the previous question.

Any further discussion? Is there further discussion? Senator Donahue, you wish to close?

No.

13  STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 i Question is, shall the Senate adopt the Conference Committee ! Report on Senate Bil1 1903. Those in favor will vote Aye. ! Opposed will vote Nay. And the voting is open. Have al1 voted who wish? Have all voted who wish? Have all voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the reeord. On that question, there are 53 Ayes, l Nay, l Ksic> (2) voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1903, and the bill, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, if I can have your attention. As I indicated last nighe, I had spoken with the -- the Speaker, and there was some holdup by virtue of the Minority Members of the House wishing to have an alternative to the Medicaid Assessment Program . I have l just spoken with the Speaker, and it was the intent of the Speaker and I to adjourn until next Wednesday and bring everybody back, if indeed the differences were to be worked out. I have just received a call from the Governor, who has asked that *e remain in place. He believes that he and the Minority Leader have entered -- E or have struck an agreement. That agreement, howevery would call for the two Medicaid assessment bills to come back over here for concurrence in a House amendment. He assures me the amendments I are less than controversial. As a matter of fact, they should be agreed to# but the fact is it will require Senate action if we are to conclude, finally, our business. So my suggestion -- itdll take about an hour. The Republican House Members are in caucus at this moment. So my suggestion is that we all enjoy a good lunch and come back here at the hour of one o'clock and we will know, one way or the other. If there is no agreement, wefre going home. If there is an agreement, wedll effect the agreement and go home. So the Senate will stand in recess till one o'cloek. 14  STATE OF ILLINOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 1 ' (RECESS) I (SENATE RECONVENES) 1 !

Ladies and Gentlemen, if I can have your attention. I am reliably informed by the Office of the Governor that the amendment has just come out of the Reference Bureau, and I have suggested strongly to them that rather than have a Conference Committee Report, that they amend two Senate bills and send their work product over to us. They assure me that will be done. However, as you are well aware, under House Rules, the paper has to be on the I I desk for awhile. So wedre at least an hour away from responsible i 1 House action. Senator Geo-Karis. ! i

Mr. President and Ladies and Gentlemen of the Senate, I request a Republican Caucus immediately in Senator James Pate Philip 's Office. I repeat - a Republican Caucus immediately in Senator James Pate Philip 's Office.

All right. And we Will stand in recess until three o'clock, ; ! and I have truly been assured that everything is ''go'' over there. I i It's just a question of getting the paper moving. Three o'clock, i Ladies and Gentlemen. Just so you donlt have to sit around. (RECESS) (SENATE RECONVENES) 15  STATE OF ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSTON SENATE TRANSCRIPT I 1 ( 132nd Legislative Day July 2, 1992 ; i

Al1 right . Ladies and Gentlemen , if I can have your attention . I -- we have obviously been in constant contact with the House. There will be two Senate bllls coming back for concurrence in House amendments. Once the House sends them to usy we Will deal with those and conclude our business. There are, I1m sure everybody's aware, tornado warnings in this area. I am told that the airports are a11 closed in Chicago. It's a House plot to I keep us here. That's What it is. Message from the Governor.

A Message for the Governor by Mark Boozell # Director of Legislative Affairs . Mr. President - The Governor directs me to 1ay before the Senate the following Message : To the Honorable Members of the Senate# 87th General Assembly , I have nominated and appointed the following named persons to the offiees enumerated below and respectfully ask concurrence in and confirmation of these appointments of your Honorable Body.

Exec Appointments. Resolutions, Madam Secretary. SECRETARY HAWKER: I j ! Senate Resolution 1488, Senate Resolution 1489, Senate I Resolution 1490, a1l offered by Senator Topinka. And they are all congratulatory.

Senator Topinka.

If I may, Mr. President, Waive the rules and ask that they receive immediate consideration so they can go on today's Consent Calendar, and be adopted.

Yes. The Consent Calendar has already been adopted. This is i 16  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 the Topinka Consent Calendar and the train is rolling. If you 've got one, get it on here. Right? A11 right. Senator Topinka has moved to suspend the rules for the immediate consideration and adoption of Senate Resolutions 1488, 1489 and 1490. A11 in favor of the Motion to Suspend: indicate by saying Aye. A1l opposed. The Ayes have it. The rules are suspended. Senator Topinka now moves the adoption of Senate Resolutions 1488: 89 and 90. A11 in favor, indicate by saying Aye. Al1 opposed. The Ayes have it. And the resolutions are adopted. Resolutions.

o. . lmachine cutoffl...aoint Resolution 186 offered by Senator Demuzio. (Secretary reads SJR No. 186)

Senator Demuzko.

Thank you, Mr. President. This is the adjournment resolution. It calls for us, upon adjournment today, to return November the 5th at the hour of twelve noon. I would move to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 186.

Senator Demuzio has moved to suspend the rules for the immediate consideration and adoption of Senate Joint Resolution 186. Al1 in favor of the Motion to Suspend, indicate by saying Aye. A11 opposed. The Ayes have 1t. The rules are suspended . Senator Demuzio now moves the adoption of Senate Joint Resolution 186. Calls for us# at the conclusion of today's business: to come back on Thursday, November the 5th, 1992, at noon. All in favor, indicate by saying Aye. A1l opposed. The Ayes have it, and the resolution is adopted. Resolutions. Senator yeah.

17  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 132nd Legislative Day July 2, 1992 i Senate Resolutkon 1491 offered by Senator Smith. ! It is congratulatory. PRESIDENT ROCK: I Al1 right. Senator Smith moves to suspend the rules for the immediate consideration and adoption of Senate Resolution 1491, a i i congratulatory resolution. A1l in favor of the Motion to Suspendz indicate by saying Aye. All opposed. The Ayes have it. The rules are suspended. Senakor Smith now moves the adoption of Senate Resolution 1491. All in favor, indicate by saying Aye. Al1 opposed. The Ayes have kt. And the resolution is adopted . Further resolutions? SECRETARY HAWKER: i ..o tmachine cutoffl.ooaoint Resolution 185 offered by Senators Demuzio, Vadalabene and Hall. (Secretary reads SJR No. 185)

I Senator Demuzio. SENATOR DEMUZIO: : i Thank you, Mr. President and Ladies and Gentlemen of the Senate. Youfve a1l heard the resolution as read by the Secretary . We debated this resolution yesterday, and this, in fact, will l complete our constitutional responsibility of acting in a timely manner to fill the vacancy as the Auditor General of the State of I 1 Illinois, that being Bill Holland. And I would ask for a -- i affirmative roll call. I PRESIDENT ROCR: j A1l right. The Gentleman has moved to suspend the rules for the immediate consideration of this resolution. Al1 in favor of : the Motion to Suspend: indicate by saying Aye. A1l opposed. The Ayes have it. The rules are suspended . DiscuEskon on the ë adoption of Senate Joint Resolution 185? Senator Dudycz. 1

18  STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 Thank youz Mr. President. Ladles and Gentlemen of the Senate, I have been a Member of this Body for seven and one-half years, and during the last seven and one-half years, I have been involved in several campaigns and elections. And during those elections, I ! have been subjected to considerable negative campaign tactics, as have some of my colleagues, on both sides of the aisle. We've al1 seen the dirty tricks, Ladies and Gentlemen. Senator O'Daniel, Senator Welch, Senator Ralca and others. And the current situatian in my district regarding the employee of the President's Office posing as a journalism student is just the latest episode. i It's an embarrassment to the Office of the Senate President, and it's a disgrace to our institution. And the nominee in Senate Joint Resolution 185, being the Chief of Staff of the Senate 1 Democrat Majority, must accept responsibility for the actions of his employees. If he is involved in such activities personally, himself, then he should not even apply for such an important nonpartisan position as Attorney General -- Auditor General. Pardon me. Either one. But, you know, he said he was not, and I believe him. Ladies and Gentlemen, somewhere, sometime, at some point, both sides have to stop this political dirty tricks campaigns that we go through every cycle. Let's -- let's put partisanship aside briefly, and hope the cameras aren't on, and just talk among ourselves. To deny the nominee this opportunity to serve, for partisan political reasons, would be wrong. We a1l : know that. We heard it the other side. We wished to make a point yesterday. I khink we made it loud and clear. But, you know , Ladies and Gentlemen, none of us deny his qualifications. He is extremely bright and a competent public servant. Just think, if the nominee was the Chief of Staff of the Speaker, think how 1 partisan he would be. I think my speech would be a -- quite a bit different. But the nominee is partisan in his current position. And you know what? He should be - in his current position - and 19  STATE 0F ILLINOIS I 87th GENERAL ASSEMBLY ' REGULAR SESSION I SENATE TRANSCRIPT 132nd Legkslative Day July 2, 1992 he is very good at what he does. But you know what? Our Chief of Staff is just as partisan and just as good. And you know what I think? He 's even better. So somewhere, someplacer sometime, at some point, Ladies and Gentlemen of the Illinois Senate, we must put aside our vicious: negative, partisan political attacks and concentrate on honest, decent, positive campaigning. And that's not just for one side of the aisle; that's for everybody. That's for a1l of us, myself included. As far as the nominee is concerned, I believe him to be qualified, truthful when he says that he will be nonpartisan in that position. This is a good time to start fresh and clean for a11 of us. I support Senate Joint Resolution 185, and I would hope that everybody votes for him. PRESIDENT ROCKt Further diseussion? Senator Schaffer.

Mr. President: Members of the Senate, I'm happy to rise in support of this resolution and to be able to vote for Bill Holland. Bill is a professional. He 's been a professional on a partisan -- and 1, like the President of this Body, find that a nonoffensive word and a -- a badge of merit. I think he has played the rules here in a partisan manner. I thùnk he 's kept high standards in everything he's done. I am convinced that he can go into this Office and be the kind of nonpartisan professional that we need. And I think -- the President yesterday made a remark that struck home with me very deeply. And I don't know hoW any committee gauging professionals in trying to select someone for this job could gauge this qualityy but I think it is an important one. I really believe that -- that Bill has a reverence for this institution, for the institution of the Legislature, and I'm convinced that he would never do anything to -- bring discredit on this institution. And I think he'll do an excellent job. ! I 20  87S *h TAT GENO EF RALILLINOIS ASSEMBLY 1 . REGULAR SESSION SENATE TRANSCRIPT j i 132nd Leqislative Day July 2, 1992 I PRESIDENT ROCE: ! Senator Geo-Karis. i SENATOR GEO-KARIS: l Mr. President, Ladies and Gentlemen of the Senate, welve l 1 worked with Mr. Holland. He's been a professional, and he's been your Chief of Staff. And he's -- very partisan. But I honestly 1 feel that he will be nonpartisan if he were elected to the Office of Auditor General, because I cannot imagine a çood professional likehimselfgoingcontrarytotheproper ethics of the Office 1 which he intends to take. PRESIDENT ROCK: Purther discussion? Senator Lechowlcz. SENATOR LECHOWICZ: I move the previous question. PRESIDENT ROCK: Senator Demuzio, to close. Demuzio. SENATORDEMUZIO: 1 i Hello. Thank you, Mr. President. I--Ithinkthisisa 1 truly, aqain, an historic day in the Senate that we have again met our constitutional responsibility. And I applaud all the Members today for their -- for their kindness and for their aet, and I ! I would move that -- the adoption of Senate Joint Resolution 185. ! PRESIDENT ROCK: 1 Senator Demuzio has moved the adoption of Senate Joint Resolution 185. Those tn favor Will vote Aye. Opposed, vote Nay. I And the voking is open. ...tApplause by the Illknois Senatel... On that question, there are 56 Ayes, no Nays, none voting Present. Senate Joint Resolution 185, havin: received the required constitutional majority: is declared adopted. And I thank you all. Ladies and Gentlemen, in addition to the two House -- Senate bills from the House with House amendments that Will be aoming shortly - I just spoke with the Speaker; they are moving right 21 1  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 I t along - we have a bill on our Calendar that I understand must be addressed, and that is on page 20 on the Calendar. It's 2994. It is a Conference Committee Report that, among other things, relates to the Nursing Home Program that we will be adopting shortly. So, Senator Collins, if you are ready, We will move -- With leave of the Body, move to the Order of Conference Committee Reports, page 20, at the top, is House -- there's a Conference Committee Report wkth respect to House Bill 2994. Mr. Secretary.

ACTING SECRETARY: (MR. HARRY) First Corrected Conference Committee Report on House Bill 2994.

Senator Collins. SENATOR COLLINS: ' Thank you, Mr. President and Members of the Senake. This is a First Corrected Conference Conmittee Report. It is my understanding that it is agreed upon by al1 parties, and it is I necessary for the operation and -- of the Family Preservation Program . What it doesz it deals with the extension of the Family Preservation Program. It corrects a drafting error in the bill I that we passed out of here, Senate Bill 1783, by Topinka. It makes substantive changes in various State agencies, which parallels the budget reductkon, so that it kz essential that thks Corrected Conference Committee Report is passed . So I Would be happy to answer any questions. If not, I would just move for the adoption of Ehe First Corrected Conference Committee Report to House Bill 2994.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Smith.

Thank you, Mr. President. I stand on a matter of personal privilegez please. I have in the gallery a young man who is from 22  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 i my church, and he is a junior in school. This is his very first y time in our legislative Body, and I Want Marvin to please stand. I ! And he can take this back to school with him, that you were introduced in the Legislature -- Body -- in the Senate.

PRESIDING OFPICER: (SENATOR DEMUZIO) Will our guest in the gallery please rise. Welcome to Springfield. A11 right. Is there further discussion? A11 right. 1 i Thequestion is, shall the Senate adopt the First Corrected E t Conference Committee Report on House Bill 2994. A11 in favor will i vote Aye. Those opposed, Nay. The voting is open. Have a11 i voted Who wish? Have a1l voted Who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 54: the ' Nays are 2, 1 voting Present. The Senate does adopt the First Corrected Conference Committee Report on House Bill 2994, and the bill, having received the required constitutional majorityy is declared passed. I I

Ladies and Gentlemen: Supplemental Calendar No . 1 has been j distributed, as has the back-up paperwork, I am informed. There I are but four matters -- there are but four matters remaining I between us and adjournment. Senator Karpiel. Senator Philip and Senator Karpiel have filed a motion on 1295. Senator Karpiel. I : SENATORKARPIEL: 1 Yes, thank you, Mr. President. I move to suspend Rule 5C to hear Senate Bill 1295. PRESIDENTROCK: 1 A11 right. Earlier, Senator Karpiel was given leave to be I shown as the chief sponsor of Senate Bill 1295. She has now filed a motion to suspend Senate Rule 5C to exempt from the Rules I Committee, sothatthebillmayberuledexemptandconsidered by l ! the Senate. A1l in favor of that motion, indicate by sayin: Aye. All opposed. The Ayes have it. The motion carries. Madam i I 23  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 Secretary, on the Order of Conference Committee Reports: there 's a Report With respect to Senate Bill 1295.

First Conference Committee Report on Senate Bill 1295.

Senator Karpiel.

Thank you, Mr. President. Senate Bill 1295 now contains the provisions of House Bill 4037, the implementation of the Clean Air Act, except it takes out a1l the fees. It takes out the hazardous waste fee. It takes out the increase in the tipping fee. It takes out the transitional fees. It is now down to three things: The Clean Air Act Permit Program , the Pollution Prevention Program and the streamlining of the rulemaking. And I ask for an Aye vote.

Al1 right. The Lady has moved the adoption of the First Conference Committee Report on Senate Bill 1295. Discussion? Senator Welch.

Yesy Mr. President. I'd just like to say that I'm in support of this. I would urge al1 of us to vote for it. I don't think it is as qood as the Pirst Report that We sent out of here; however, the House wouldn't call that bill. So what are you going to do? This is the best that We eould do on July 2nd. So I would urge an Aye vote.

Further discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1295. Those in favor will vote Aye. Opposed, vote Nay. And the voking 's open. Have al1 voted who wish? Al1 voted who wish? Have all voted who wish? Take the record. On that question, there are 54 24  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 Ayes, no Nays, l voting Present. Senate does adopt the Conference Committee Report on Senate Bill 1295. And the bill, having received the required constitutional majority, is declared passed. Messages from the House. SECRETARY HAWKER: A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to Wit: Senate Bill 1607: together with House Amendment No. 3. I have alike Messages on Senate Bill 1727 with House Amendment No. 1, and Senate Bill 1806 with House Amendment No. 2. PRESIDENT ROCK: Secretary's Deskz Concurrence. SECRETARY HAWKER : A Message from the House by Mr. O'Brien, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to adopt the First Conference Committee Report on House Bill 3898, and requests a Second Commiktee of Conferenee to consider the differences between the two Houses in regards to Amendments 1, 2, 3, 4, 5 and 6. Action taken by the Housey July 2: 1992. PRESIDENT ROCK: Al1 right. Ladies and Gentlemen, we6re on Supplemental Calendar No. 1. Senator Vadalabene will move that -- with respect to that last bill, that we accede to the request of the House. Al1 in favor, indicate by saytng Aye. A11 opposed. The Ayes have it. And the Senate does accede to the request of the House for a Second Committee of Conference. On the Order of Secretary's Desk, Concurrence, is Senate Bill 1607: Madam Secretary. SECRETARY HAWKER: I 25  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 House Amendment No. 3 to Senate Bill 1607.

Senator Vadalabene.

Yes, thank you, Mr. President and Members of the Senate. I am the sponsor of Senate Bill 1607, and at this late hour, I would like to turn the bill over to Senator Earlean Collins to be the prime sponsor of that very important bill. And I give to her with my regards.

Senator Vadalabene seeks leave of the Body to show Senatar Collins as the chief sponsor. Without objection, leave is granted. Senator Collins, on House Amendment No. 3.

Thank you, Mr. President and Members of the Senate. And thank you, Sammy. House Amendment No. 3 is not a new appropriation, but this is an agreement with the Department of Public Aid, it 's my understanding, and the Governor's Office and, of course, the House, that they would be given the aukhority to transfer within already appropriated money up to twenty-five million dollars for the Earnfare -- operation of the Earnfare Program. That's a1l it does. It is permissive. And I would just ask for the adoption of this amendment.

A11 right. The Lady has moved concurrence in House Amendment No. 3. Discussion? Senator Topinka.

Yes. A question of the sponsor, I may ask.

Indicates she will yieldr Senator Topinka.

Yeah, realize that this is -- these are not new 26  STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT I 132nd Legislative Day July 2, 1992 I I appropriations, and that's what kind of sparks this question. It means it has to come from somewhere else in the Department of Public Aid. Have you either targeted, earmarked or identified the areas of Public Aid which are currently appropriated, from Which this money will come to underwrite this Program?

Senator Collins.

This -- this -- this -- in this amendment it simply says that this appropriations is contingent upon the Department of Public Aid designating an unexpended reserve -- reserve - an unexpended rpserve .

Senator Topinka.

So therefore, I am to interpret nothing will happen on this unless there is some money left in the pot at the end of spending. Is that correct?

Senator Collins.

The Department of Public Ald has a four-billion-dollar budget, and they can look inany lëne,aslong as itdoes not interfere 1 and that they 're goinq to see that they can have an -- amount of money left, that they could take out of that line item and put it into this line.

Further discussion? Senator Davidson.

Mr. President, I'd like to ask the sponsor a question. PRESIDENT ROCK: 1 I Indicates she will yield, Senator Davidson. I 27  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992

Senator Collins, Senator Carroll, who is a -- being one of the most knowledgeable of the finances, Was unable to find money for Earnfare in the budget. Can you tell me whether this twenty-five million is going to come out of the medical providers -- for the Medicaid people?

Senator Collins.

No. This -- this amendment - it is totally left up to the Department to use their discretion as to where this money is going to come from. And I'm sure that we can trust the Director of that Department to make a decision that they would not take money out of a line, as you juse indicated, thae was needed for that designated services. They couldn't do it if there Was a shortage in that line.

Senator Davidson.

Well: twenty-five million dollars may be peanuts to you, but kwenty-five million dollars to this dumb farm boy is big dollars. There's only two places you can get it: out of Public Aid - youlre not going to get it out of the employees. You know that. Youdre not going to 9et it out of any of the programs where the federal match money comes in. So that leaves it either come from the medical providers or close up the different county offices that we had a commitment from that those county offices would remain open so the recipients of Public Aid or the people in need would have someplace close to go to apply and not have to travel, in some cases, many miles. This is not a qood move. If Senator Carroll couldnft find twenty-five million dollars in the normal appropriation process, this is a seam. I urge everybody to vote 28  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2: 1992 No .

Purther discussion? Senator Carroll.

Oh, but Senator Davidson, did, and this is Where it is, and this is what we had been recommending before it went to the House. They have finally agreed, and it is from unexpended reserves. It is conditioned upon and contingent upon, in its own language, and I will read ''This appropriation is contingent upon the Department of Public Aid designating an unexpended reserve at least equal to this amount that can be used for this purpose.'' It is not any other line until the line has shown that it cannot spend out for the purposes it was intended for.

Further discussion? Senator Palmer.

Thank you, Mr. President. just kanted to congratulate my colleague, Senator Collins, for an extraordlnary job, and to say thank you to you, President Rock, for the work that you have done and all of those who have supported this. This means a great deal to many of our communities, and I just wanted to say thank you.

Further discussion? For the second time: Senator Davidson.

Mr. President, I apologize for rising a second time. But Senator Carroll, I'm not on the Approp Committee. Can you explain to me what unexpended reserve is in Public Aid? Because my understanding, every penny of Public Aid was already committed somewhere.

Senator Carroll.

29  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 Yes, Senator Davidson. What it really means, as I understand it, is if, for example, caseload changes and they do not spend out the money because the demand was not there, that is an unexpended rese rve .

Further discussion? Senator Collins, to close.

Yes. Thank you, Mr. President. tooz would like to again thank President Rock and most certainly a1l of my colleagues on this side of the aisle - and even that side of that aisle - Who supported this effort, even though at the last minute there was No votes. But I sttll received some -- support. And the staff has worked very hard Working with us on this billy and would just ask for a favorable roll call.

Question is, shall the Senate concur in House Amendment No. 3 to Senate Bill 1607. Those in favor will vote Aye. Opposed, vote Nay. And the voting's open. Have all voted who wish? Have al1 voted who Wish? Have a1l voted who kish? Have a1l voted who wish? Have a11 voted who wish? Have al1 voted who wish? Al1 voted Who wish? Take the record. On that question, there are 31 Ayes: 24 Nays, voting Present. Amendment No. -- the Senate does not concur in House Amendment No. 3 to Senate Bill 1607, and the sponsor requests further consideration be postponed. Senator Maitland, how about 1806? Ladies and Gentlemen, on Supplemental No. on the Order of Secretary's Desk, Concurrence, is Senate Bill 1806. Madam Secretary.

Pardon me. House Amendment No. 2 to Senate Bill 1806.

Senator Maitland.

30  STATE OF ILLINOIS ! 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Leqislative Day July 2. 1992 Thank you very much, Mr. President and Members of the Senate. It comes as no surprise to anyone that this is the -- this is the agreement on the -- on the Grant Program that Was negotiated and talked about earlier today. You may recall, We passed a Grant Program out of here the other evening. This one is -- is substantially different, and 1et me briefly explain what the program does. The amendment - Which now has become the bill - establishes the Grant Program for private-paying nursing home ' residents. The grant, of course, is designed to ease the burden ! upon the private-pay patients, and 1et me go lnto it in a bit more detail. To be eligible for the grant, one's adjusted income must ! p be at or below two hundred and fifty percent of the poverty level, and one must be a private-payinq resident of a skilled or intermediate geriatric home. The grant would be a flat grant, granted quarterly, for a total of two thousand dollars for all I those private-pay patients who fell Within -- in that kindow . It starts July l of this year. To fund the Grant Program, we do I I this: an additional one dollar per occupied bed per day would be charged to nursing homes. The additional fees will be assessed ! beginning July 1, 1992 and -- and assessed monthly. There is no provision which -- an appropriation then of 31.2 million dollars I is -- will be coming later to the Department of Revenue, and that ! will be contained in another bill. Language would also indicate that if the -- if *he money isn't there toward the end of the year, that those grants would be reduced, but I am reliably informed by the Department that the numbers are -- are reasonably accurate, and We believe that will fund the Program. Let me make ' two additional statements, if I might. The Nursing Home Grant Program is extended to provide assistance to and directly benefit private-pay residents in skilled nursing and intermediate care facilities, to lessen the possibility that those residents might have to become Medicaid-eligible. And obviously, that's the thing 31  STATE OP ILLINOIS l 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 that's been concerning us all. And further, the Grant Program is not financed in any way by sources assessed under the Medicaid Revenue Act. Mr. President, I Would be happy to respond eo any questions that the Members might have, but otherwise would move to concur in Senate Bill 1806. PRESIDENT ROCK : A1l right. I'm sorry. Senator Maitland has asked that the Senate concur with House Amendment No. 2 to Senate Bill 1806. Senator Carroll. SENATOR CARROLL: Thank you, Mr. President and Ladies and Gentlemen of the Senate. By way of legislative intent and understanding, because a lot of Members have raised questions as to what this actually does: and in paying the six-dollar grant to a person who is in a - - an intermediate or skilled long-term care facility, it is the understanding of the General Assembly that in determining whether or not the person is financially eligible for the grant, that they have to be within two hundred and fifty percent of the federal poverty level, whichy for a single person, would mean a -- at -- an adjusted gross ineome on their federal return of seventeen thousand twenty-five dollars, as of this year. For a two-person family, it would be twenty-two thousand nine hundred and seventy-five dollars; however, in arriving at that figure for which the grant would be eligible, you take the income -- the adjusted gross income on the federal return of the patient in the intermediate or skilled factlity, less the charges of the home - of the long-term care facility without regard for who paid those charges. So if the grandparent is ln a home and the children are paying the charges, you still take the grandparent's adjusted gross income, deduct from that the costs of the nursing home, even though someone else is paying lt for them . And if at the end of that calculation they are under seventeen thousand dollars of 32 I  STATE OF TLLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 taxable income, they would get the grant. So what that practically means is that khe recipient in the home has to have an adjusted gross income on the federal tax return of somewhere i around fifty-three thousand dollars or under in order to be eligible for this grant. I PRESIDENT ROCK: Discussion on the Motion to Concur. Senator Fawell. SENATOR FAWELL: : Senator Carrollz Would you yield for a question? My understandin: is actually what we're doing is we're addin: on a : dollar onto the six dollars and thirty-four eents we 're already talking about, so it'1l be seven dollars and thirty-four cents per : bed - no, wait a minute - seven dollars and ehlrty-four cents per bed additional cost to the nursing home. If... PRESIDENT ROCK: ! Do you wish Senator Maitland: who is the sponsor. or Senator i Carroll? ' SENATOR FAWELL: No, I'd like to talk to Senator Carroll. PRESIDENT ROCK: Well, why don't you piek up the phone? Senator Fakell, IIm ... SENATOR FAWELL: Never mind. PRESIDENT ROCK: I would like to take this opportunity to introduce two speakers: the Speaker of the House and the speaker of my house - my wife, Shella, sitting back here. Senator Maitland, do you wish to close, sir? SENATOR MAITLAND: Thank you, Mr. President. Noz I just would ask for an affirmative roll call. j PRESIDENT ROCK: 33 I  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 Question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1806. Those in favor Will vote Aye. Opposed will vote Nay. And the voting is open. All voted who Wish? Have al1 voted who wish? Have a11 voted who wish? Have a1l voted Who wish? Have all voted who wish? Take the record. On that question, there are 43 Ayes, 12 Nays, 2 voting Present. The Senate does concur in House Amendment No. 2 to Senate Bill 1806, and the bill, having received the required constitutional majority, is declared passed. A1l right. With leave of the Body, we're going to go back to Senate Bill 1607, Madam Secretary. We have only two matters remaining on the Calendar. Senator Collins has a bill and I have a bill.

House Amendment No. 3 to Senate Bill 1607.

Senator Collins.

Yes. Thank you, Mr. President and Members of the Senate. I'm sure that a11 of you know what this amendment does. It -- it is not a mandate. It is not a new appropriation. It just simply allows the Department of Public Aid, out of a four-billion-dollar budget, to transfer monies that they dondt think that they are going to need, because most of their budget are based on -- services are based on projections. And so I think we could trust them to make a decision to transfer the monies out of the appropriate line. It is not Medicaid ktnds of money. Welre talking about General Revenue. It's specifie to that. And I would just ask for a favorable roll call.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? Senator Rock.

Thank you, Mr. President. Ladies and Gentlemen of the Senate, 34  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 Senate Bill 1607 is the second to the last bill we will consider tonight before adjournment. The final bill will be 1727, which I ; Will sponsor, in the amount of thirty-one million dollars for the Nursin: Home Program that was so ably put together by Senators Carroll and Maitland and others. This one, however, is a little different. It is indeed a late-hour amendment, but one I think j ! that we can all be comfortable with. As I'm sure you're aware, the Program, Earnfare, as it's now known: came out of the House 118 to nothinq. It did not fare quite so well here. It was -- With a vote of a constitutional majority that was indeed verified. But the fact of the matter is# it is now on the Governor's desk, and it's truly up eo him. And the concern among all of us who ! ' were supporters of Earnfare was what in the world are we going to do to find some money. And the other evening when I explained my view of the budgetary process, I suggested that we had brought I Earnfare to the table, and frankly, it did not fit within any of ! the parameters within which we were worklng. So a new idea was developed and one, frankly, that I think We al1 ought to subscribe to, because it is one that affords the Department of Public Aid -- if indeed there is money available, this will direct them to I 4 ! please use it for this Program: assuming the Governor signs it into law. It says if lndeed in any of the unexpended -- if any of the lines in the appropriation of the Department of Public Aid are unexpended -- and to answer those who are concerned about the providers, I dare say the day will never come when the provider lines remain unexpended. We will never in our lifetime see that day, because ke always underappropriate. And the fact that we have to impose a tax upon the providers, I think, only shores that up. So that the only line, it seems to me, where there is a possibility - as remote as can be, but a possibility - is if indeed the caseload goes down. Let's assume we have a superb economic recovery and there just is not the demand, for instance, I I 35 ! i  STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 in AFDC . If the Department, in its discretion, discovers that the caseload has gone down and they have additional money, they can utilize it and are directed to utilize it for this most Worthy Program . ïou will, I am sure, in the coming fiscal year, assuming the Governor signs it, you will, I am suree be ealled upon to appropriate again. This -- just gives this fledgling program a chance. And I would urge you to give it a chance, and I would I urge an Aye vote for Amendment No. 3 to Senate Bill 1607. ! PRESIDING OFFICER: (SENATOR DEMUZIO) The question is# shall the Senate concur with House Amendment : 3 to Senate Bill 1607. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who wish? Have ! a1l voted Who wish? Have a1l voted Who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 36, the l Nays are 20, l voting Present. The Senate does concur with House Amendment 1 <sic> (3) to Senate Bill 1607, and the bill: having ! received the required constitutional majority, is declared passed. Senator Carroll. j 1 SENATOR CARROLL: E If necessaryy having voted on the prevailing sideg I would ! move to reconsider the vote by which... No? Okay. Forget it. ' PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Carroll has... Okay. Further -- all right. Wedre on Senate Bill 1727, Madam Secretary, please. SECRETARY HAWKER: House Amendment No . l to Senate Bill 1727. PRESIDING OFFICER: (SENATOR DEMUZIO) Senator Rock. I SENATOR ROCK : Thank you, Mr. President, Ladies and Gentlemen of the Senate. ! Amendment No. l to Senate Bill 27 <sic> (1727) -- Senate Bill 27 <sic> (1727), when it left this Chamber, was an appropriation bill 36 1  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 sponsored by myself in the Senate and Representative Madigan in the House. House Amendment No. l replaces everything after the enacting clause with the following, and I will read it so that there is no mistake. ''The sum of thirty-one million tWo hundred thousand dollars, or so much thereof as may be necessaryz is appropriated from the Nursing Home Grant Assistance Fundrl' which Was just created by virtue of Senator Maitland's bille as I understand ''to the Department of Revenue for payments to the eligible individuals under the Nursing Home Grant Assistance Act.'' Section 2 says, ''The sum of eight hundred thousand dollars, or so much thereof as may be necessary, is appropriated from the Nursing Home Grant Assistance Fund to the Department of Revenue, for its necessary expenses in administering the Nursing Home Grant Assistance Act.'' Amendment No. 1 is thirty-two million dollars, every niekel of which will be paid by the nursing homes under the program we just passed, and would urge that we concur in Amendment No. to Senate Bill 1727.

PRESIDING OFFICER: (SENATOR DEMUZIO) Discussion? If noty the question is, shall the Senate concur With House Amendment to Senate B1ll 1727. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open . Have al1 voted who wish? Have a1l voted Who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 51, the Nays are 5, l voting Present. The Senate does concur with House Amendment l to Senate Bill 1727, and the bill, having received Ehe required eonstitutional majority, is deelared passed. Senator Carroll: for what purpose do you rise?

Thank you, Mr. President, Ladies and Gentlemen of the Senate . As We have done each year, as required by the Constitution of the State of Illinois in Article VIII, the Finance Section. Section 2. State Finance, sub (b) The General Assembly by 1aw shall make  ( STATE OF ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 E appropriations for al1 expenditures of public funds by the State. ' Appropriations for the fiscal year shall not exceed funds estimated by the General Assembly to be available during this year. In Fiscal 1973, General Punds cash flow - and 1911 give you the abbreviated version; as Senator Sam would say, therels copies I I available for whoever wants them - the beginning balance was a hundred and thirty million dollars. Revenue of thirteen billion three hundred and ninety-three million. Net expenditures of fourteen billion. That was fourteen three ninety-three of fourteen three twenty-three, including transfersy et cetera. That would leave an ending balance for Fiscal '93 of two hundred million, as the Governor has suggested. We Will be appropriating thirteen billion two hundred and six million of General Revenue funds, which is some one hundred and sixty million dollars under that which the Governor had suggested. Let me thank President Rock for the outstanding leadership this year. Let me thank my colleagues, Senator Hall, Senator Severns, Senator Welch, Senators Maitland and Etheredge; our staff, Marcia Thompson and the rest, John Kunzeman and the rest for doing yeoman service in a very difficult year. And let me say, Mr. Presidentz once again, we have met the mandate of the Constitution as set out in Article VIII, Section 2(b).

Ladies and Gentlemen, the House is in the process of debating the budgeE. The Speaker assures me he expects a favorable result. And so we have, I think, effectlvely concluded our business. Senator Brookins wants to call to our attention the death of the wife of a colleague, but before we get there, I would like to introduce to you a man who just receive a hundred-plus votes in the House. He is the new Auditor General of the State of Illinois, Bill Holland.

38  STATE 0F ILLINOIS 87th GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT : I 132nd Legislative Day July 2, 1992 And to each of -- they don't 1et me up here very often. And 1 to each of you, I'd like to introduce my Wife - my biggest supporter - Liz Holland. The job I've just been elected to, I do not take lightly. I commit to each one of you that I will work on i behalf of the General Assembly for you. It is important. The responsibility is constitutionally mandated. It is not one I take lightly. I will work with you, a11 of you, for the -- hopefully for the next ten years. I have a rare opportunity tonight, and I'm going to take it, to thank - where is he? - the man kho has allowed me to work With himz for him, since 1983. Al1 I've I learned about government and fairness, I've learned from him. It i i is an honor that I have had for the past -- since 1983, past ten l years, to work for him. I will truly miss Working for him . The Assembly will miss him. Never preempt the boss! ...tApplause by the Illinois Senatel...

I'm not going to make any great farewell address. We dre coming back in November. 1 hope you all know that. So, Ladies and Gentlemen, we have virtually concluded our business. If there are no further announcementsz further statements, we have -- Senator Brookins, do you wish this resolution read, or shall we just acknowledge the fact that it's -- Al1 right. I think it appropriate we do that as the last Order of Business. It appears there are a couple of other lights on. Senator Philip .

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd just like to congratulate the neW Auditor General. I know that hedll do an outstandin: job. Secondly, I want to compliment Senator Rock in his leadership, and particularly the leadership on this side of the aisle in our Members. Thës has been a very unusual, toughz difficult Session, and I think We have done, quite franklyz a very good job. Also in closing: I'd like to remind 39  STATE OP ILLINOIS 87th GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT ' I 132nd Legislative Day July 2, 1992 everybody, the Governor and the First Lady have invited us all over, and the staff, for an after-the-session party. So drive safely; on the way home, you might run over a Republican. PRESIDENT ROCK: Senator Demuzio. SENATOR DEMUZIO: ; Senator Rock, I know that this is not November, but I think all of us share a tremendous amount of pride in the leadership j I that you have exhibited . Even back during my Crazy Eight days, you were always a pretty good guy. And let me just say that I i 1 know that the battle here doesn't equal that of the excitement at the race track or the -- or Wrigley Field, but words can't express i ! I the love and affection that we all hold for you. And see you in November. ! ! PRESIDENT ROCK: Senator Geo-Karis. i SENATOR GEO-KARIS: .a . tmachine cutoffl...president and Ladies and Gentlemen of ! the Senate, I not only congratulate you; I congratulate our I Leaderr Senator James ''Pate'' Philip, because, although you may have disagreed With each other, youdve never been disagreeable With each other. You've worked together to help al1 of us and the people of the State of Illinois. And I think it's very commendable, because youfre b0th great guys. And, Phil, I'm going to miss you kidding me and razzing me. So you 'd better stick around, and -- if you decide to run again, I'm sure youpll be l backr because we Will miss you. But I want to thank you and Senator Philip for doing an outstanding job, for cooperation and I unity for the good of the whole State of Illinois. ! PRESIDENT ROCK: Senator Lechowicz. i SENATOR LEcHowlcz: l I ! 40 !  STATE OF ILLINOIS 87th GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT i 132nd Legislative Day July 2, 1992 I Mr. President, Ladies and Gentlemen of the Senate, we have a ! 1ot to be thankful for. First of all, this Body, this Chamber was the first to pass the Hospital Assessment Program. Le* me tell you how important that was. Last year we also led that fight, which provided six hundred and fifty million dollars to this State from the Federal Government, and there is so many unsung heroes -- especially Jim Edgar and Phil Bradley, who last year personally went and visited Congress, the President of the United States, to make sure that Illinois was included in that proposal. And there is no question, the need was this year and possibly for the next two or three years, in order to make sure that budget gap is filled. And to Arnie Kanter and the Governor's people, they understand khe importance of medical assistance to the poor. Without this program, this State Would have had a seven hundred and thirty-five million dollar :ap in their budget. But it was this Body, Mr. President, and your leadership, and Pate Philip, that 1ed the charge and passed it over to the House. There were questions whether this matter would pass. But because of the leadership of this Body and the support of the Governor's Office, we led the way so We'd have that matter taken care of, for this year, and hopefully in the future. And, Mr. President, there is no question - you have instituted some very worthwhile programs in this State that we can a1l be proud of as participating. To you and Sheila, we wish you nothing but the best. Thank you.

I know Senator Philip has invited al1 to the Governor's Mansion, and I would ask you to join Sheila and I upstairs at Baur's after the Session, probably 8:30 or 9:00 o'clock, to welcome the new Auditor General of Illinois and his wife. We will, I assure you, serve probably something different than the Governor serves. Ladies and Gentlemen, I -- I think the Senate again has acquitted itself admirably, as it always does. hnd I am l 41  I STATE OF ILLINOIS 87th GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 132nd Legislative Day July 2, 1992 proud to serve with you all. Resolutions, Mr. Secretary . ACTING SECRETARY: (MR. HARRY) ! Senate Resolution 1487 offered by Senator Brookins and all Members. (Secretary reads SR No. 1487)

Senator Brookins.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Though Andy McGann is a funeral director, and we deal with death on a daily basis, it affects us just as hard, and sometimes harder, than it affects the people we serve. Andy takes his profession very seriously and his religion seriously, and his wife was his partner through the years. And I just really -- We were not able to be there with him todayz during the -- services for his wife, which took place earlier today. So I just thought it would be befitting that our prayers go With him and be with him. And thank you.

Senator Brookins has moved the adoption of Senate Resolution 1487. All in favor please rise. The resolution is adopted, and the Senate stands adjourned until November the 5th at the hour of noon. Ladies and Gentlemen, nice being With you. 42 RY PODT z TIF:LtlàY S TAT:( kJF IL LI(tC)lS 93/07/09 PkGl: -: 001 87Tli GEi4cRAL ASSIi1'1.,LY 1lI2s:l8 ScNA' rti t;zILY TR&;éSC.ltIPTIi)IM 0F 0Z-t:ATE 1.' kDf-X JULY 02 : 19982 H:- 2334 CO11fLdRCEJSCE PAGE H13-299# C :)c' tf7i;t4IiNGE PAGS 22 S,.-129 5 w-t 'llïFEIt.iN'w -E: PAGE 2# So- 1295 ê.kCiT Iof: PAGE 23 3...- 1o0 T Pt1S TPkJIkED E 0)NS IDt:R/ITI0i' 4 PAGE 3# Sc;- 160-1 Ct;)1CURRE)1C.tu , PAGE 25 S0- 1727 E L)'' 1CUR?Iti' kçûi. PAGE 30 J - 1.3t;& w-0A C.Uft,4dfkw;E PAGE 30 Su- 1.9U3 CDN FEjqcàcE . PAGE b Sk4- l4iz-f ADkJPTEJ PAG: kZ ,Sk4- 1#.kicl ;ttl:)PTEO P4Gf l6 Sit- 1./.:39 AOtJPTEJ PAGE t6 S>t4- 1:.9Q ,4DuPTtcJ PAGE tb ùkt- 1:$.91 AIJ:Iel'isa P4Gtï 1i ; ,4Jt<-t;1.o0 A/OPT/JJ PAGE 2 Slfk-ot6q% AJOPTtJ PAGE t7 %U JJ1 . 6:CT 2.5AT T't)k S EiSA'I'J TO 3k4DtR - P xE31OE;IT Fttlw k( P.kGE 1. PRAYER - F'AI-HE: dbGjl C'ASSI2Y Ppk. 3E 1. JOURJtALS - PLISTPIICtI E3 PAG c 1 :1Eif.E.%,S PAG& L5 .%tik;'rEE REC.O k#t:i:Z:S PAGE :5 Ikc 'SSAGiE F1tOr'i TH L k;0?c.ù(?h :t)R PJGE 13 i.ktSSAGES t' Zlttlpl THc HUUSi PAGE 25 #kOJOU'kik'i,i, '.4T PAGE #2