The hour of nine havlng arrived, the Senate will come to order. Will the Members rise, and our friends in the galleries rise, for the prayer? Today we have Reverend Sewell, Lincolnway Christian Church, NeW Lenox. Reverend Sewell.
(Prayer by the Reverend Dan Sewell)
Senator Butler.
Mr. President, mave that reading and approval of the Journals of Tuesday, April 13th7 Wednesday, Aprll 14th) and Thursday, April 15th, the year 1993, be postponed, pending arrival of *he printed Journals.
Senator Butler moves to postpone the reading and approval of the Journals, pending the arrlval of the printed transcript. There being no objection, so ordered. Messages from the House.
A Message from the House by Mr. Rossi, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, the passage of Which I am instructed to ask the concurrence of the Senate, to wit: House Bills 596, 1385, 1424, 1456, 1457, 1768, 1941, 2120, 2169 and 2221. Passed the House, April 15: 1993. We have like Messages on the following House Bills: 149, 328, 443, 496, 659, 700, 788, 800, 816, 1010, 404, 418, 641, 783, 895, 1307, 1308, 1374, 1652, 1695, 1072, 1073, 1122, 1124: 1128, 1166, 1230, 1313, 1376, 1377, 1383, 1408: 1411, 1423, 1571, 1614, 1729, 1740, 1758, 1791, 1794, 1974: 2038, 2047, 2061, 2077, 2115, 2121, STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 2122, 2130, 2153, 2227, 2375, (2405), 1398, 1434, 1479, 1651, 1707, 1756, 1838, 1854, 1855, 1896, 706, 747, 948, 961, 977, 1037, 1213, 1271, 1295, 1397, 76, 292, 342, 354, 405, 420, 577, 6l9 and 684. (Bil1 wlthln parentheses submitted in writing, but inadvertently not read into record.) A1l passed the House, April 15th, 1993. Fram Anthony D. Rossiy Clerk of the House.
House Bills 1st Readlng.
House Bill 78, offered by Senators Berman and Shaw. (Secretary reads title of bill) Senator Rauschenberger offers House Bill 79. (Secretary reads title of bill) House Bill by Senators Hawkinson and Hasara. (Secretary reads title of bill) House Bill 134, Senator DeAngelis. (Secretary reads title of bill) Senator Lapaille offers House Bill 380. (Secretary reads title of bill) House Bill 454, by Senator Lapaille. (Secretary reads title of bill) House B11l 510, by Senator Karpiel. (Secretary reads tltle of bill) House Bill 650 is offered by Senator Jacobs. (Secretary reads title of bill) Senator Watson offers House Bill 771. (Secretary reads title of bill) House Bill 772, Senators Rea and Ralph Dunn. (Secretary reads title of bill) House Bill 775, by Senators Ralph Dunn and Rea. (Secretary reads title of bill) 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Senator Dudycz offers House Bill 1145. (Secretary reads title of bill) Senate Bill -- or House Bill 1146, by Senators Ralph Dunn and Rea. (Secretary reads title of bill) Senator Karpiel offers House Bill 1352. (Secretary reads title of bill) House B111 1354, Senator Rauschenberger. (Secretary reads title of bill) Senator Watson offers House Bill 1497. (Secretary reads title of bill) Senator Ralph Dunn offers House Bill 1595. (Secretary reads title of bill) House Bill 2043, by Senator Smith. (Secretary reads title of bill) And House Bill 2046, offered by Senators Klemm and DeLeo. (Secretary reads title of bill) 1st Reading of the bills, Mr. Presldent.
Senate Resolutions.
Senate Joint Resolution 46, offered by Senator O 'Malley. It's congratulatory, Mr. President.
Consent Calendar. I would like to make an announcement, if could have your attention for a minute. Wedre going to go to 3rd Readings. We're going to run through the Calendar completely, go to 2nd Readlnçs, try to get everything on 3rd that we can today, and hopefully We'11 be out of here around noon, 1 o'clock. We do have some committee hearings. I'm not sure that a1l the committees have to meet. Wedre waiting to talk to those chairmen. Some of them may not have amendments in those committees. So, we STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 will try to play it by ear. We plan on coming in Monday morning at 10 a.m. sharp. A1l right. the middle of page Senate Bills 3rd Reading. Senate Bill 904. Senator Barkhausen. Read the bill.
Senate Bi11 904. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Barkhausen.
Mr. President and Members, Senate Bill 904 gives the Secretary of State discretionary authority to suspend the driver's license of a drlver under the age of 21 who is found to have engaged in the lllegal transportation of alcohol. That's all the bill does in its current form. I'd be glad to answer 'your questions, and would otherwise urge a favorable roll call.
Further discussion? Further discusslon? If not, Senator Barkhausen, to close. All right. The question is, shall Senate Bill 904 pass. Those in favor will signify by voting Aye. Those opposed, Nay. The voting is open. Have you a11 voted who wish? Have you a11 voted who wish? Take the record. On the questiony there are 53 Ayes, Nay, voting Present. Senate Bill 904, havlng received the required constltutional majority, is declared passed . Senate Bill 905. Senatcr Hawkinson. Read the bill.
Senate Bill 905. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Hawkinson. 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6r 1993
Thank you, Mr. President. This bill amends the Illinois Identification Card Act and the Illinois Vehicle Code to require a minimum five-hundred-dollar fine or fifty hours community service for the use -- unlawful use of a driver's license to obtain alcohol or possession of a fictitious, fraudulent or unlawfully altered Illinois ID Card . We amended the bill, in accord with my discussion with Senator Tom Dunn yesterdayr to provide that the community service is only required if it's available. I would ask for the passage of Senate Bl1l 905. I'd be happy to try and answer any questions.
Any further discussion? Any further discussion? Al1 right. The question is, shall Senate Bill 905 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you all voted who wish? Have you all voted Who Wish? Take the record. On the questionr there are 55 Ayes, no Nays, no voting Present. Senate Bill 905, having received the required constitutional majority, is declared passed. Senator Hawkinson. 906. Read the bill.
Senate Bill 906. (Secretary reads title of bl1l) 3rd Reading of the bill.
Senator Hawkinson.
Thank you, Mr. President. This bill deletes language that required the dismissal of a statutory summary suspension for a DUI when a police officer does not answer a subpoena. We amended the bill in committee to provide only that if the police officer fails to appeary it will be grounds for continuance. The bill came out 5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 of committee 8 -- 8 to nothing. would ask for its adoption. Be happy to answer any questions.
Further discussion? Further discussion? All right. On Senate Bill 906, those ln favor will vote Aye. Those opposed, Nay. The voting is open. Have you all voted who wish? Have you all voted who wish? Take the record. On the questionr there are 55 Ayes: no Nays, no voting Present. Senate Bill 906, having received the required constitutional majority, is declared passed. Senate Bill 907. Senator Hawkinson. Read the bill.
Senate Bill 907. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Hawkinson.
Thank you, Mr. President. This bill's offered at the request of the Secretary of State. The Illinols Supreme Court ruled unconstitutional the provision of the Illinois Statute that the provisions of a chemical test requested for a driver at fault in an accident resulting in injury or death could be used in another case where there was no probable cause to order the test. This bill is in response to that Supreme Court decision which now limits the conditions of the test When there actually is a ticket ' issued. So, there is an arrest. It also defines personal injury as a type A injury, which ls intended to eliminate any guesswork by the officer determining the injuries are severe enough to warrant the chemical testing. This bill also came out of committee without opposition, I believe: and I would recommend its passage, and be happy to answer any questions.
6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Senator Cullerton.
Yes. Would the sponsor yield?
He indicates he Will. Senator Cullerton.
This bill also adds the concept of -- of testing for drugs, and as if I understand the bill correctly, it says any anount of cannabis or ccntrolled substance would result in the suspension of the driving privileges. Is there any Way in Which someone could show that their -- that they perhaps had legally -- they legally were in possession of some narcotics that they could use as a defense? Because there are legal users of narcotics in certain cases, and this seems to say that -- if there's any amount, that they would lose their driving privileges.
Senator Hawkinson.
Well, this is consistent with our other provisions the Statute our commercial driver's license provisions and so forth - and I'm not aware of any exceptions anywhere in any of those Statutes for use of narcotics while you're driving. And the -- the -- okay. What...
Any further discussion?
Just a moment.
Senator Hawkinson. SENATOR HAWKINSON Just to complete that thought: the Statute says ''unlawful use''. So I think a prescrlption -- at least I'm advised that the 7 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 lawful use would not be included.
Any further discusslon? If not, Senator Hawkinson, to close.
Just ask for your favorable vote.
On the question, shall Senate Bill 907 pass, those in favor will vote Aye. Those opposed, Nay. The voting ls open. Have you a11 voted who wish? Have you a11 voted Who Wish? Take the record. On the question, there are 54 Ayesr no Nays, no voting Present. Senate Bill 907, having received the required constitutional majority, is declared passed.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell, do you Wish to recall Senate Bill 908 for the purpose of an amendment? Senator Fawell.
Yes, would like to take it back to 2nd to put a technical amendment on.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell seeks leave of the Body to return Senate Bill 908 to the Order of 2nd Reading . Is there leave? Leave is granted. Senator Fawell is there amendment on Senate Bill 907 <sic> (908), Mr. Secretary?
Mr. President, the Rules Ccmmittee has approved for consideration Floor Amendment No. 2, offered by Senator Fawell.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawelly to explaln the amendment.
This is strictly a cleanup. It's a technical amendment: is all.
PRESIDING OFFICER: (SENATOR WEAVER) 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leglslative Day April l6, 1993 Is there discussion? A1l in favor, signify by saying Aye. Opposed, Nay. The amendment is adopted. Are there further amendments?
No further anendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Barkhausen, on 910? Read the bill, Mr. Secretary.
Senate Bill 910. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Barkhausen.
Mr. President and Members: Senate Bill 910 embodles a number of recommendations made to us by the Business Corporation Act Advisory Committee of the Secretary of State's Office, most of which are completely technical in nature. The two that are somewhat substantive reauthorize the issuance of treasury shares by a corporation and, secondly, allow a board of directors of a corporation to approve a split of stock. Senator Tom Dunn and I are the cosponsors of this measure. We'd be glad to answer any questions, and would otherwlse ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? If not, the question is, shall Senate Bill 910 pass. Those in favor Will vote Aye. Those opposed, vote Nay. The voting is open. Have all voted who wish? Have a1l voted Who Wish? Take the record , Mr. Secretary. On that question, the Ayes are 55, the Nays are none, none voting Present. Senate Bill 910, having received the constitutional majorityr is declared passed. Senate Bill Senator DeAngelis. Read the 9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 bill, Mr. Secretary. SECRETARY HARRY: ... tmicrophone cutoffl...Bill (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. Senator DeAngelis. SENATOR DeANGELIS: Thank your Mr. President. Senate Bill 911, as amended, does exactly what the tltle Ksicl states, and that is that it eliminates supervision as an alternative to persons convicted of certain designated Class A misdemeanors. These misdemeanors are: domestic battery, criminal sex abuser resisting police, escape, aiding escape, criminal damage by reckless use of fire, misdemeanor unlawful use of weapons, and boarding an aircraft with a weapon. The bill eliminates supervislon as an alternative for the list of crimes that Ilve just described. Be happy to answer any questions. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton. SENATOR CULLERTON : Yes. Thank you, Mr. President, Members of the Senate. don't think this is a good idea. Supervision is an opportunity for a judge to tell someone that -- after they've pled guilty, that they're going to be given a period of time that they 're on supervision, and when their period of time ls over with , if they haven't violated any laws, then there'll be a finding of not guilty. It's -- it's a tool that is used by judges in certain appropriate cases. Now a judçe is thinking about giving someone supervision for one of Ehese offenses, but we take away his right to do that, what's probably going to happen more likely than not is the judge will simply find the guy not 10 K STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leglslative Day April l6r 1993 guilty . If it 's a stronq case , if the State has a particularly strong case and it's a very serious offense, the -- the judge will find him quilty. I mean, these things are not a1l of these Penalties are class A misdemeanors. They can go to jail for a year. .so, did not understand why we were doinq this . I -- questioned the witnesses in committee. It -- seems to me that, once again, we're taking away a tool that judges use to keep people from committinç further offenses. By eliminating it, we're going to end up having people have themselves go free and not have any control over them at all. So for that reason: think it's a bad idea.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
Thank youz Mr. President, Ladies and Gentlemen of the Senate. This bill -- I don't know about your local county jails, but if they're like the jall in Cook Countyy youdre probably overloaded already. just point out to you one possibility in this bill, and that's resisting a police officer. Nowr not sure what that is, but it means that under this billr if youpre charged with resisting a police officer, you cannot be admitted to supervision; you must be either fined or put in jail for up to one year. Now I would just suggest to you, Ladies and Gentlemen, I see no sense to this kind of an approach. The judge can evaluate the defendant and the judge can understand the difference between sentencing them -- sentencing that defendant to the county jail or supervision. A fine of a thousand dollars is the maximum fine, but if you have a person who ls penniless or of very modest circumstances, you're going to require that they be put ln jail. Well, that's not always the best alternative to a misdemeanor charger and that's what these are still misdemeanor charges. think this is the wrong approach. Let the judge decide whether STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 supervlsion will be the better approach - the better apprcach - to - - to shaping this defendant up and keeping him out of jail. He goes to jail: he may come out a Worse criminal than if he's admitted to supervision. I urge a No vote. PRE. SIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson. Senator Hawkinson.
Thank you, Mr. President. With all due respect to the last speaker, the issue is not jail or supervision. The issue is whether the person who conmits one of these misdemeanor offenses should have the offense on his or her record or not. Because you get supervision, you can go to jail. As a condition of supervisiony you can serve a jail sentence. This qùestion is whether or not, instead of supervision, they should be given probation or a conditional discharge or, as Senator Cullerton says, be found not guilty. But the issue is not jail or not jall, because if the offense merits jailr even if they're given supervision, they can be given as a condition of supervlsion a jail sentence. And the same is true with conditional discharge or probation. There is a legitimate issue here : Whether or not having a something on your record permanently should be the case, or whether the judge ought to have discretion or not after a period of time to allow this no longer to be on a person's record. But is not an issue of jail overcrowding or whether to send somebody to jail.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Hall.
Thank you, Mr. President. I Was just appealing to my countermate qsic> across the aisle. The best thing for him to do is take this bill out of the record.
PRESIDING OFFICER: (SENATOR WEAVER) STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16r 1993 Is there further discussion? Senator DeAngelis may close. SENATOR DeANGELIS: Thank you . think Senator Hawkinson really pointed out what this bill really does. And those crimes have need to be reviewed in a different way. I urge a favorable roll call on Senate Bill 911.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 911 pass. Those in favor will vote Aye. Those opposed, vote Nay. 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 36 Ayes, 14 Nays, none voting Present. Senate Bill 911, having received the constitutional majority, is declared passed. Senate Bl11 914, Senator Petka? Read the bill, Mr. Secretary.
Senate Bill 914. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.
Thank you very much, Mr. President and Members of the Senate. Senate Bill 9l4 is an amendment to the Code of Civil Procedure. This bill is a recommendatlon from the Chicagc Bar Association. It came out of the Judiciary Committee on the Agreed Bill List. What this bill does is resolve a conflict among the courts in connectian with a conflict between creditors and third parties. It places a lien provides that a judgment becomes a lien when a citaticn to discover assets is served on the judgment debtor or on a third party who holds the property of the judgment debtor. I would move for its adoption. I know of no opponents whatsoever. 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16r 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) Yes.
The -- Senator Petkar as I understand it, under current law , a served citation operates as a restraining order, prohibiting the party to whon it is directed from disposing of or transferring property. Now, wlth this bill, this provides that a citation to discover assets becomes a lien on the property. Does thls require that the lien be recorded, and if noty could -- does it -- do you have any idea as to what the prlority of this lien is, as against other liens?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka.
does not have -- Senator, it does not have to be recorded, and a1l effective liens enjoy a priority status.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Petka.
A11 recorded liens enjoy a priority status.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton. Is there further discussion? If not, the question is, shall Senate Bill 9l4 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted Who wish? Take the record, Mr. Secretary. On that question, there are 52 Ayes, Nay, none voting Present. Senate Bill 914, having received the constitutional majority, is declared passed. Senate Bill 926. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Senator Welch. Read the bill, Mr. Secretary.
Senate Bill 926. (Secretary reads tltle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch.
Thank you, Mr. President. As many of you know, student loan defaults are one of the largest debts owed to the State and federal government. The purpose of this bill is to require the Illinois Student Assistance Commission to report to the General Assembly by February 1st of next year on additional opportunities for thae Commission to cooperaee with other Seaee agencies eo collect delinquent student loans. In the past, we've passed legislation to try to get lawyers to pay, to get -- try to get professionals to pay. Thls is another attempt to try to find more ways to get deadbeat loans paid off. be glad to answer any questions.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 926 pass. Those in favor Will vote Aye. Those cpposed, vote Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Take the record, Mr. Secretary. On that question, there are 54 Ayesy no Nays, none voting Present. Senate Bill 926, having received the constitutional majority, is declared passed. Senator Hall, on 928? Out of the record. Senator Philip, on 941. Read the bill, Mr. Secretary.
Senate Bill 941. (Secretary reads title of bill) 3rd Reading of the bill. 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16: 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 941, as amended, basically does three things. It authorizes the State Library to review al1 the rules of al1 State agencies and cooperate with LIS. Secondly, it allows the Secretary of State to charqe twenty dollars a month for parking at the new parking faeility. And thlrdly, it alloWs the Secretary of State to withhold parking fees from people's salary if they don't pay for the parking at the State garage. Be happy to ask Ksic> any questions, and ask for your favorable consideration.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is# shall Senate Bill 94l pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted Who Wish? Have a1l vcted who wish? Take the record. On that question, there's 54 Ayes, no Nays, l voting Present. Senate Bill 941, having received the constituttonal majority, is declared passed. 951. Senator Madigan. Read the bill, Mr. Secretary.
... tmicrophone cutoffl...Bill 951. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan.
Thank you, Mr. President. Senate Bl1l 95l comes from the Racing Board and makes numerous changes in the Horse Raclng Act. There is nothing controversial in these changes, and there is no opposition to Senate Bi11 951. I'd be glad to answer any questions. would ask for a favorable roll call. 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6r 1993
PRESIDJNG OFFTCER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 95l pass. Those in favor will vote Aye . Those opposed Will vote Nay. The voting is open. Have a11 voted who Wish? Have a1l voted kho Wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 951, having received the constituttonal majarity, is declared passed. Senator Earpiel, on 9527 Read the bill, Mr. Secretary. SECRETARY HARRYJ Senate Bill 952. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICERJ (SENATOR WEAVER) Senator Karpiel.
Thank you, Mr. President. This bill amends the Environmental Protection Act order to meet the requirements for approval of the Clean Air Act Permit Program. cleans up various provisions, provides greater consistency with recently promulgated federal regulations . It also modifies the fee structure to accommodate the resource demands of the Clean Air Act. And as far as I know: the fees that are changed in thls and all the other clean-up provisions are -- have been agreed upon by just about everybody.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? not, the question is, shall Senate Bill 952 pass. Those in favor w11l vote Aye. Those opposed Will vote Nay. The voting is open. Have all voted Who wish? Have all voted who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 952, having received the constitutional majority, is declared passed. 954. Read the bill, Mr. Secretary.
17 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Senate Bill 954. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Currently the Audit Commission - or the Auditor Generalg should say auditing certain entities that fall outside of State Government, and we dre asking that he be permitted to bill those entities. Some of those entities are the - - the Board of Admissions of the Bar, the Attorneys' Disciplinary Committee and other organizations. And that's a11 the bill does.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not: the question isr shall Senate Bill 954 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have al1 voted Who Wish? Have a1l voted who wlsh? Take the record, Madam Secretary. On that question, the Ayes are 54r the Nays are none, none voting Present. Senate Bill 954, having received the constitutional majority, is declared passed. 955. Read the bill, Madam Secretary.
Senate Bill 955. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bll1 955 does exactly What says. Last year we decided that We would fund the Auditor General's Office by taking the money out of the treasuries that are held there for auditlng purposes. And what this bill simply does -- it transfers those monies into the Audit Expense Fund. 18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993
PRESIDING OFFICER: (SENATOR WEAVER) Proceed, Senator. Is there discussion? Senator Severns.
Thank you, Mr. President. First of all, We -- we're having some difficulty hearlngr even what the speaker is saying. Would the...
PRESIDING OFFICER: (SENATOR WEAVER) don't know how we're going to solve that problem.
Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he will. Senator Severns.
Senator DeAngelis, understand that -- that these are part of a serles of bills that emerge from the Audit Commission. My question is: with the Bipartisan Blue Ribbon Committee meetin: regularly and at -- hours, week after week, with the clear intent of reporting out a comprehensive product durinq the Fall Veto Session, I'm wondering why we 're going about making changes to the Purchasing Act ln this piecemeal fashion.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Senator Severns, are you talking about the Purchasing Act Task Force?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns. don't think she understood your question. Senator DeAngelis. SENATOR DeANGELIS: Welly I wanted to ask Senator Severns if she is talking about the Task Force on Purchasing. I don't know What task force she was referring to. Senator Demuzio passed a bill last year, 1939, 19 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 which, in fact, caused this to happen, and this is simply the bill that makes it happen -...
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? SENATOR DeANGELIS: ...year after year.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Severns.
Thanks. That answers
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If notr the question is, shall Senate Bill 955 pass. Those in favor will vote Aye. Those opposed will vote Nay . The voting is open. Have al1 voted who wish? Have all voted Who Wish? Take the recordy Madam Secretary. On that question, there are 54 Ayesr no Nays, none voting Present. Senate Bl11 955, having received the constitutional majorityr is declared passed. Senator Hawkinson? Read the bill, Madam Secretary. 956.
Senate Bill 956. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank you, Mr. President. This is the Senate Judiciary Committee bill, encompassing some of the recommendations of the Governor's Task Force on Crime and Corrections. It Was my privilege, along with Senator Tom Dunn, to serve on thaE commission under the leadership of former U.S. Attorney Anton Valukas, represented by 1aw enforcement officers and a broad 20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35tb Legislative Day April l6, 1993 spectrum of -- of corrections and community folks. Unless something is done, our prison capacity, including our recently opened prison and the boot camps, Will be at the total maximum and prisoners would have to start being released in July of 1994. This report contains many of the recommendations of that Task Force, but not all of them. Some of the nost important ones are not included here. Building a super max prison, which will enable us to control the most dangerous criminals and remove them from the ordinary prison system, ls not in here. About six years ago, this Body passed a Community Corrections Act, which would allow our -- our courts the full broad range of -- of sentences, but we only funded it for a quarter of a year. One of the best recommendations of tbe Task Force is that that be fully funded so that the early offenders and young offenders can be dealt With before they reach prison stage. We also recommend some bed expansion and constructlon in East St. Louis. But none of those things are in thls bill. This -- this b1l1 deals With a few of the recommendations. expands the impact incarcerationr or the boot camp eligibility. It expands the earned time. does not include the Worst of our offenders. Although the recommendation was to include some Class X, this bill does not include Class X offenders for the increased earned time. We have a waiting list of some four thousand inmates who are currently eligible, under our current laws, for our educational programs, but they're not able to get in because we're not funding. And although it's not this bill, itls reccmmended that we spend an additional seven million dollars this year to expand those programs, because the evidence has shown - from this State and other states - that, first of all, some forty percent of our inmates are recidivists. That means theydve been in before. They get out, and within a short time, they're back in again. But the -- and that -- those folks really constitute a menace to our citizens. The evidence STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 has shown that if, while in prlson: they get a degree, they get some education, they learn a skill through correctional industries ar they get drug and alcohol treatment, that they tend not to recidivate at as high a rate. And if we can keep those folks from getting back lnto crime when they get out, that is helpful: Because we have a Waiting list of four thousand, I considered -- and the Judiciary Committee did not expand the 11st of eligibles to include Class X, and I'm opposed to including those; but, for those who do qualify, think We ought to have the programs available, and we ought to cut back on recidivism. I'd be happy to answer any questions; otherwise, I would strongly urçe the adoption of Senate Bill 956.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discusslon? Senator Cullerton.
Yes. also rlse in support of the bill. As Senator Hawkinson has polnted out, we are very close to having the federal courts run our prison systen . That is, by the way, the case in Cook County. don't know if people realize that, but in Cook County, the Cook County Jail is run by a federal judge. And When judges set bonds, some bureaucrat might release that person out into the streets, even though a judge set a bond and that person didn't make bond. That's because there's just not enough beds. We are -- unless we do something about it, are going -- are going to come to that point here in the -- in the State. Now this bill, and these recommendations, are going to cost some money. It's going to be about seven or eight million dollarsr and I would hope that when we do the budget, that we do certainly include that money, because in the long run, it's going to be saving money. There's probably about seventy-five hundred inmates that, as a result of this bill, will be not have to go into the overcrowded prisons, but rather their incarceration might be in a 22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 boot camp or with other type of restraints, other than having to send them to -- to jail. So it's important that We do thisr and it's important that we understand, every time we keep on raising penalties, that we have to -- there 's a cost associated with that. Unless we're willing to pay that cost, welre going to end up having turnin: over our -- our prison system to some federal judge. So I think it's a -- it's -- it was a very fine effort on behalf of the members of the Task Force. We ought to support the bill: but keep in mind that it might cost some money.
PRESIDING OFFICER: (SENATOR WEAVER) Senator del Valle. Senator de1 Valle? SENATOR dEL VALLE: Thank you, Mr. President. Senator Hawkinson, commend the Task Force. think many of the recommendations are certainly long overdue, but Idm concerned about how we 're going to generate the additional funds to be able to to provide enough opportunities for people to participate in the educational programs and the substance abuse program . This bill increases the weighted good time for individuals who participate. But my understanding is, for example, in the prison industries program, that there are about eighteen hundred participants in that program . Is that correct?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Yes. Do you want me to answer your question now, or do you have more of it before I go on?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
I think the Senator raises a -- a extremely important point. First, technically, this bll1 does not mandate the inclusion 23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 unless the funds are available. But Senator Cullerton touched on that this is goln: to cost money; it's going to cost some seven or eight million dollars in this year to expand these programs. The alternativesr howeverr are much more expensive. To build each prison is a fifty-five-/sixty-nillion-dollar proposition to house sone nine hundred inmates. Now, we're going to have to build some more, but we can't build our way out of it ccmpletely. If we increase the educational proqrams, the drug abuse programs, the correctional industries programsr which Was at issue in another bill yesterday, but something the Task Force feels that we desperately need to doy so -- we can give jobs to some of these people on the outside. And the reason we do that is so that they will not prey upon our citizens and create new victims of crimes once they get out and, therefore, have to be returned to prlson. But this Will not be lnexpensive. I mentioned in my openin: remarks that we desperately need to fund the community corrections program. That will be expensive; it Will take dollars. This is not cheap, but there is no cheap answer to the problem of crime in Illinois or crime in America. We have to either put the money in - - in ever-expandlng prisons - and I favor building them as we need them, and I've supported them in the past - but we need to put them in programsz and we pre going to have to face up to that. Now, this bill doesn't contain the funding. That'll have to come in the budget, Senator, but I Will support that funding, because we have to do in order to deal with the problem - to deal with the problem of crime in Illinois.
PRESIDING OFFICER: (SENATOR WATSON) Senator de1 Valle. SENATOR dEL VALLE: Again, for -- for clarification: Your projection is that an additional eight -- seven to eight mlllion dollars will be needed to expand the education, substance abuse programs and for 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 electronic detention and the boot camp programs; a total of seven to eight milllon dollars for all these areas Will be needed .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawklnson.
The expense to expand the programs to the degree necessary is seven to eight million dollars. The Department advises me that the net cost after the savings, because of the additional beds saved, wtll be four million dollars this year.
PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Well, based on the -- on the growth of the inmate population, I don't see how they could project a savings, because that populatlon is going ta continue to increase.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Well, I think you raised a good point: Senator. I -- I think seven or eight million is probably close, but the Department estimates some cost savings of four million. As we refill these beds, I'm not sure Where those cost savings will come from. But you're -- you're on target. It is going to cost money, but I think it will cost less money than the alternative.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dunn.
Thank you, Mr. President. I hate to interrupt a good debater but Idd like a point of personal privilege, please.
PRESIDING OFFICER: (SENATOR WEAVER) State your point.
25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 I have a group from Evansville, Illinois. The eighth grade the gallery behind me here - thirty-three of them and they 've been up and been listening now for the debate, and -- let's welcome them to the Legislature.
PRESIDING OFFICER: (SENATOR WEAVER) Will our guests in the gallery please rlse? And welcame to Springfield. Senator Demuzio.
Well, thank you, Mr. President. Let me 1, too: rise to -- to support this -- this measure, and only disaqree with one thing that you've said, Senator Hawkinson. You -- you indicated that we might be able to spend our way out of this. I don't . think we're goln: to be able to spend our way out of this, and this thlng I probably have more prlsoners incarcerated in my district, because of the fact of the number of prisons that I have in my dtstrict. And I think electronic detention and some of the thlngs that are other aspects in this bill, thinkr are absolutely necessaryr and I would rise to support this bill in its - - its total.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Stern.
Mr. Presldent and Members of the Senate, I don't think you need an additional support volce, but I think this is genuinely constructive legislation and precisely the kind of thing that We should be laying our emphasls on. We know these things work, and we should all be voting Yes on this. It's not a crisis that we 're responding to, as we often are; this constructive, long-range possible solutions to intransigent problems. Thank you .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Thank you very much. Five years ago, four years ago, three years ago, and two years ago, introduced a bill which gave good tlme for going to school and trying to educate these prisoners. It's nice to see that the -- the rest of the Assembly has finally come around. is true : about eighty-seven percent of our prisoners are functionally illiterate When they go into prison. If we don't start educating them, they're just going to turn right around. I this is a good bill.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator Rea.
Thank you, Mr. President. just Want to say that think that wlth the serious problems that we have withln our correctional facilities, I'm very pleased With the reccmmendations that have come back from the Task Eorce, and I feel that we should move as -- as early as possible in the implementation of most of those recommendations. I think this bill addresses many of those concerns, and certainly support
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
Thank you, Mr. President. 1, too, support this, but I want to add a word of cautlon. I had a long conversation with a downstate judge over the weekend, and they are -- there is an apparent growing concern about good time and its net effect on the attitude of of potential criminals; that is, he was saylng he could sentence somebody to a year and they're out in fifty-nine days. And of course, that's -- that same kind of mathematics works as the -- as the sentence expands. The point ts that hope the Judiciary Committee takes a really good look at -- at at good time to make sure we're not going overboard and wefre creating a negatlve attitude on the part of potential -- let's call them STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 potential prisoners.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinsonr to close.
Well, firstr let me respond to a couple of comments. did, certainly didn't intend to say we could spend our way out of this. It's going to be a very expensive proposition. We cannot build our way out. I did indicate I think we probably are golng to have to build some more, however. But that's not ln this bill either, although we do recommend as part of the Task Force a super max prison and some additional construction. Senator Butler, I share your concerns on good time. As a matter of fact, think eventually we ought to move to do away for a11 -- with all the day-for-day good time that's given out automatically and replace it completely With an earned time concept; that you have to earn it by getting an education or getting your drug abuse training or getting a skill through correctional industries. We balanced in this report by not allowing the most serious offenders to get this new good time. The Class X offenders - your robbers, your rapists they are not eligible. And this bill does not make them eligible for that kind of good time. But the evidence has shown that for those who we 've already made eligible, that if they get the education, if they get the skill, they are less likely to be back within a year -- having committed another crime upon our citizens. And that's why it is recommended in this Task Force. think it's important that we pass this part of the packager and I Would urge your Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) The question is# shall Senate Bill 956 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have all voted Who wish? Have a1l voted Who Wish? Take the record, Madam Secretary. On that questionr the Ayes are 53, the 28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 Nays are 1, none voting Present. Senate Bill 956, having received the constitutional majority, is declared passed. Senate Bill 960. Senator DeAngells? DeAngelis? Senator DeAngelis. Senate Bill 964, Senator Hasara. Read the b1llr Madam Secretary.
Senate Bill -- pardon ne, 964. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill would allow the Hea1th Care Containment Council <sic> to share some of its hospital-specific data with other State agencies as they need to use it in official performance of duties. And particularly, lt would enable the Council to help the Department of Public Aid with some of its Medicaid case reportingr because they already have the informatlon and will save duplication of gathering this kind of data. It did pass on the Agreed Bill List, and I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator O'Malley.
Mr. President, thank you. As a matter of personal privilege, I'd like to have the record reflect that I intended to vote Yes on Senate Bill 956. I hit the wrong button.
PRESIDING OFFICER: (SENATOR WEAVER) The record will so reflect. Any discussion? If -- if not, the question is# shall Senate Bill 964 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a11 voted who Wish? Have a11 voted Who Wish? Take the record. On that question, the Ayes are 55, the Nays are none, none voting 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Present. Senate Bill 964, having received the constitutional majority, is declared passed. Senator DeAngelis, you were busy. Do you wish to call 9607 Out of the record. Senate Bill 966. Read the bill, Madam Secretary.
Senate Bill 966. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
Thank you, Mr. President: Members of the Senate. Senate Bill 966 amends the Professional Engineering Act to require technical submissions to bear a seal signifying work was developed in conjunction With accepted engineering standards. Committee Amendment No. l removed language that set out neW examples of what constitutes the practice of professional engineering. This new language concerning the work to be sealed is in recognition of accepted standards that some State agencies mandate. With the adoption of Committee Amendment 1y I know of no opposition.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 966 pass. Those in favor will vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, the Ayes are the Nays are none, none voting Present. Senate Bill 966, having received the constitutional majority: declared passed. Senate Bill 973, Senator Klemm? Read the bill, Madam Secretary .
Senate Bill 973. (Secretary reads title of bill) 3rd Reading of the bill. 30 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .
Thank you, Mr. Speaker -- or Mr. President and Ladies and Gentlemen of the Senate. Pardon me for the slip. Senate Bill 973 amends the Structural Work Act, but before everybody gets excited about it, 1et me explain what happened. In a recent court case, Hernon versus Corrlgan Constructlon Company, a court judge had, I feel and many feel, erroneously looked at the Statute of Limitations that is nornally used for architects and engineers in deslgning of bulldings, which is normally a four-year Statute of Limitatlon, and applied that to a worker's injury and applied that to the Structural Work Act for a11 cases. What Senate Bill 973 does is puts a Statute of Limitatian that has been commonly used and recognizedr even by the Trial Lawyers and everyone else, as a two-year limitation. So, I'm not trying to limit what has been the practice in law and in practice before, but I'm trying not to extend it erroneously to an area that was appropriately four-year Statute of Limitations for architects. It was interest...
PRESIDING OFFICER: (SENATOR WEAVER) We're getting a little noisy. Can you hold down your conferences? Please. Continue, Senator Klemm .
Thank you. It was interesting, in a recent article by the Chicago Daily Law Bulletin, that -- it's reported ln the article that a Chicago attorney, Curt Rodin, who is a second vice president of the Illtnois Trlal Lawyers Association, said that he and his colleagues in the plaintiff's bar had been surprised by the court's ruling in Hernon because they had assumed that the two-year Statute of Limitation governing actions under the Structural Work Act was appropriate. Sor therefore, what we're just doing is to codify, so we can eliminate any other further STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 confusion. I do ask for your support on Senate Bill 973.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Palmer.
Thank you, Mr. President and Ladies and Gentlenen of the Senate. In committee we talked about this for quite a while, and I just have a question of the sponsor. I understand that the courts have given four years. Perhaps I did not understand ; I couldn't hear you very well before. I'm sorry. Is -- Why are We reducing as I understand to two years, when the court is giving four years for this period of time?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm .
Well, in this one case, Hernon versus E.W. Corrigan Construction Company, one judge had interpreted a Section that normally was used in the interpretation of Statute of Limitations for architects and engineers on designs of buildings. quite appropriate, I think, to have a longer Statute of Limitation for possible structural defectsr because theydre not always easlly identified. Sometimes it takes couple of years before you find out something is cracking or breaking up . And that's the reason we have a longer period of time of Statute of Limltations for that type of design and architectural work. And when he looked at the case, he took that Section and applied those four years then to a -- a person's injury, which has normally been two years. And the Trial Lawyers have assumed and thought it has always been tWo years. That has not been codifted, but I understand that that's what it's been. This would just say it would be the tWo years that has been recognized consistently, except fcr that one case. And so we 're trying to do it. Even the Trial Lawyers, as indicated before - the second vice president - had indicated that: STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 hey, everybody thought it Was two years. We have no problem with it. It was the one case; I'm trying to correct an oversight of one judge that ruled one way.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer.
Thank you again, Mr. President. Just to the bill: not quite convinced yet about the need to shorten this to two years, just based on the people who appeared before us at the committee, and I would think we could just wait a while on -- on making such a chanqe that might drastically affect people's lives.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Yes. Would the sponscr yield?
PRESIDING OFFICER: (SENATOR WEAVER) He lndicates that he will.
understand: Senator Klemm, that What you're saying is that your understandlng is, is that the current Statute of Limitations for thls is two years, but there was a court decision where some judge interpreted the Statute to give a four-year Statute: applying a -- What you think is an inappropriate Statute of Limitations of four years. So the bill is designed to make certain it stays at two years. NoW my question is this: You say in your bill, tWo years after the cause of action occurred -- accrued - ''two years after the cause of action accrued .'' NoW normally, in a -- a two-year Statute of Limitation for a personal injury action, it's two years after the -- the date of the occurrence, or two years after it's reasonable for someone to have expected to have discovered the the injury. In other words, there's certain medical injuries that might occur, and you STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 don't realize you have the injury until after the period of -- after the date of the occurrence. Is it your intention to have the -- that same principal apply in this particular case, as it does al1 of the other two-year personal injury Statutes of Limitation?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
Well, maybe I can ask you the question. HoW has it been applied in the past when they've gone under -- mostly the two years?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Yeah. It's been from the date of reasonable discovery, as I understand And I just want to make sure youfre not -- youdre not changing it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
No, I'm not -- my intent is not to try to change it and shorten the time that normally has been there. I'm just tryin: to correct, I think, one case that everybody seems to feel was erroneously given.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
On that point, as I understand from reading the -- the bill, it says ''accrued''. The new bill says ''accrued'' Senator Cullerton, as opposed to ''occurred''? If it says ''accrued''# I think that would include the meaning that has been attributed to that it's from the time of reasonable discovery. says 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16y 1993 ''occurred'' then I think there's a -- there could be a problem.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
One other question, then, of Senator Klemm: Did you intend for this to be retroactive, or a...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
Well, I -- I don 't know if you could make retroactive.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith. Excuse me, Senator Klenm.
- - I -- I'm under the advice that you can't extinguish a cause of action because of this. So therefore would not apply those cases.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith.
Thank you, Mr. President. A question to the sponsor, please.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield.
like to inquire: Wouldn 't this limit the worker's rights by reduclng it? Wouldn 't this reduce it -- the limit -- the rights of the persons lnvolved by reduclng this to two years like this?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Klemm.
Well, not really, because they have been interpreted not to have had the four-year Statute of Limitations prior to this one 35 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 case. So we are not changing anything that has been historically done in the past. So we're not taking anything away from anyone that had been doing it. It just -- we're trying to correct, think, an error by one court, and then it would also clarify for everyone what they can or cannot do, rather than making ambiguous as it is now.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question isr shall Senate Bill 973 pass. Those in favor Will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have all voted who wlsh? Take the record. On that question, the Ayes are 3l, the Nays are 25, none voting Present. Senate Bill 973, having received the constitutional requirement, is declared passed. Senator Cullerton.
Is it -- am I on tine to ask for a verificatlon, or am I too late?
PRESIDING OFFICER: (SENATOR WEAVER) Yesterday, you would be on time. Today you Were on time. That is always in order. Madam Secretary, will you verify the -- Senator Cullerton has requested a verification. Will a11 Senators be in their seat? The Secretary will read the affirmatlve votes.
The following Members voted in the affirmative: Barkhausenr Burzynski, Butler, Cronin, DeAngelis, Donahue, Dudycz, Ralph Dunn, Fawell, Fitzgerald, Geo-Karis, Hasara, Hawkinson, Karpiel, Klemm, Lauzen, Madigan, Mahar, Maitland, Mccracken, O 'Malleys Peterson, Petka, Rauschenberger, Sieben, Syverson, Topinka, Watson, Weaver, Woodyard and Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Does Senator Cullerton question the presence of any Member voting in the affirmative? 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993
Yes. Is Senator Madigan still on the phone?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Madigan is still on the phone.
This time -- this time he was on the phone. And Senator Fawell.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
think shess on the phone with Senator Madigan.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Eawell is on the phone. She is on her way. Any further...
No further questions. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) On a verified roll call, there are 31 Yeas, 25 Naysr none voting Present. Having received the required constitutional majorityr Senate Bill 973 is declared passed. Senator DeAngelis: do you wish to call 987? Read the bill, Madam Secretary.
Senate Bill 987. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Do you have your microphone adjusted, Senator? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Is that better? Senate Bill 987 is a product of the Governor's Task Force on Hlgher Education. The bill is four hundred and twenty pages long, and it does the 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 following: It eliminates the Board of Regents and the Board of Governors; creates separate qoverning boards with the same powers that are -- for those schools that are in those systems; makes Sanqamon University a campus of the University of Illinois; makes . the size, selection and terms of the new governing board on the new boards the same as those for Southern Illinois University; eliminates seats held by speclal interests; and makes various technical changes throughout the Statutes to replace references to the Board of Regents and the Board of Governors. Be happy to answer any questions. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. I agree that change is -- is needed, but I'm not so sure that this is the bill that accomplishes the kind of change that -- that is needed in higher education - public higher education - in the State of Illinois. don't understand, Senator DeAngelis, why on the one hand we're eliminating a couple of systems, but then on the other We're strengthening the strongest system in the State of Illinois. We're adding the campus of Sangamon State to the University of Illlnois. And the other inconsistency here ls the elimination of the Illinois Community College Board seat on the Board of Higher Education, and the elimination of the Illinois Student Assistance Commisslon seat on the Board of Higher Education. I don't understand why we 're dolng those tWo thinqs. Could you please explain to me why the Task Force has recommended both of those? PRESIDING OEFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: It's an excellent questionr Senator de1 Valle. First of all, 1et me tell you that, you know: the glass either half empty or 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 half full. I look upon what you consider to be the strengthening of the U of I as also the strengthening of Sangamon State University. I look at it from the other standpoint. In terms of the seats being eliminated : Since the governing boards are going to be affiliated with the universities, we have chosen to make the State Board of Educatlon <sic> a citizens' governlng board, and that's why we took the speclal interest groups off of that governing board.
PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Berman.
Thank you, Ladies and Gentlemen. Thank you, Mr. President. stand in oppositlon to this bill, and I would hope that -- I think that this is an lnteresting posttion because, if Was going to portray this, this is more of a -- of what many times the Republicans Would say: ''This is a Democratic bi11.'' We're increasing the bureaucracy. Wedre tncreasing overhead. We 're increasing administrative costs. That's what you charge us with. But this is a Republican-sponsored bill. Let me tell you What this bill doesn't do, first. We've got some serious problems in higher educatlon, and this bill does not address any of them. It does not address the issue of tuition; student financial aid; availability of courses and we've heard about these -- the nightmares and the long lines and the nonavailability af necessary programs for our children to get through their universities in four years; now it's -- five years ls more of the of the rule than the -- than the -- than the exception; unserved regions in Illinois, with higher education, such as Rockford, Peoria, the Quad Quad Cities; the absence of efficiency in allocation of resources, which are instructional, research or communlty services. Now 1et me tell you what the bill does do. That's what the bill doesn 't address. It substitutes 39 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 forty-nine positions in place of sixteen positions. The Board of Governors and the Board of Regents -- I'm sorry, the Board of Regents have given us some cost estimates of implementing this bill. They estimate that the cost under the new system will be thirteen million three hundred and sixty-nine thousand three hundred dollars. That includes quarterly meetlngs, training expenses, self-insurancey new staff, higher salary costs. One and a half million dollars per campus, times seven: It's eleven million dollars. Additional costs of tWo million dollars, for a total of thirteen million dollars. The present costs under the current system is three million dollars. This bill, in these tight budget times: is going to cost us for bureaucracy - not for student aid, no* for education, but for the bureaucracy - an additional ten mlllion dollars. This bill makes no sense at thls time. I urge a No vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch .
We look at this on paper and we don't realize what actually happens on these campuses. I've -- I've pushed this issue for *he last eleven years, and I still think 'it's a good idea to have separate governing boards. When I represented the University at Northern Illinois -- Northern Illinois University I don 't Want to change their name, Senator Burzynski - when I represented them, whenever we had a really important decision affecting Northern Illinois University, you know what happened? The decision would be put off till the month they had the meeting at Illinois State or Sangamon State. When Illinois State had a really important issue and the campus was really concerned and wanted to be there, what did they do? They pushed the issue off till the next month when they were at DeKalb or in Springfield. It was absolutely ridiculous. It took away any controlr any input from students and 40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 faculty. This bill gives them that authority. lets them have on-campus governing boards. They are going to be in contact every single month. The boards will know what's going on on that campus, 'cause they're going to have to be there for their meetinss none of thls puttlng it off till it's easier and there's no public accountability. remember attending one of the Board of Regent meetings in DeKalb, and they were scared to death because showed up and they thought the press was going to be followlng me in there. They hated to see me show up, because they knew that I might raise some questions. What this does is brlng accountability to these systems. What does, eliminates scme of the bureaucracy. We talk about creating bureaucracies; what about the two million dollars for the Board of Regents' budget? Wha: about the housing allowance We have to have down here for the for the head of the Board of Regents to live lavishly? It's absolutely ridiculous and a waste of taxpayers' money. Let's get the money back where it belongsr back to each of the schools. When we pushed Senate Bill just six or seven years ago for a separate board for Northern Illinois University, we said they would get back part of the two million dollars that's spent on the Board of Regents. They could use that for paying for whatever meetings they have. They don't have the travel expenses that we have now. I think it's a good idea for many reasons: It keeps people in contact with the Board; it's more accountable; they're more accesslble; and I think that they will know what's going on on each campus. And I urge an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland .
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. This Will probably be the most difficult vote that have cast in my fifteen years ln the General Assembly. I have STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 agonized and agonized over this decision. Over a year ago I -- I called the Governory and I called Lieutenant Governor Kustra, and I called Art Quern; and I -- asked each one of them if they wouldn 't please forn a task force on higher education, similar to what we had done in elementary and secondary, because back a number of years ago in elementary and secondary, you may recall that we set about the task of making elementary and secondary more accountable. And we worked diligently. And we've worked right up now through accountability legislation, where now elementary and secondary is more accountable to the people of this State, and that's as it should be. asked the three gentlemen to do this: Create a task force of people Who are on the periphery of higher education not directly connected with higher education, but yet had a good understanding of the system in Illinois - and study not only governance, but credit-hour generation, tuition policy, relationship with the privates, and a number of other things. Let's do it right. Let's do it over a period of two years. Study what other states are doing. View their strong points and their weak points, and bring it into Illinois and really make higher education accountable. I didn't even get the courtesy of a call back from any one of the three. What did We do? We created a sixty-day task force. We didn't appolnt the members for the first thirty daysy and then in thirty days we had come up with a plan that completely rewrote the governance system in Illinois. don 't know whether this plan bad or good . I've tried to analyze that. But let me tell you what I fear. Every one of these universities are sitting there and the people in those communities are sitting there, thinking, ''Aha. NoW We've got a special board a separate board; we're going to get more money for our university.'' That's what they 're thinking. And some should and some should not. I represent the community where Illinois State University is located. I attended school there. 42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6r 1993 It is my university. I feel strongly about her. But she is not the University of Bloomington or the University of McLean County, but she is a global university, as all the others are. We have an interest in our individual universities, but we have to have a bigqer interest the whole system: and I'm not sure this does the whole system justice. I'n not sure that it does. A difflcult decision for a11 of us; one that I've agonized over for a long time. And I can tell you as I stand here now , even though I've gotten undue pressure from my community, I don't know how I'm going to vote on this bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon. END OF TAPE TAPE
Thank you, Mr. Chairman. Will the speaker yield to a question?
PRESIDING OFFICEF: (SENATOR WEAVER) He indicates that he w111, Senator.
Thank you very much. Senator, Who Will bear -- who will pay for and hoW Will We pay for the additional costs that are going to occur because of this legislation?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Well, glad you asked that question, Senator Hendon: 43 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 because I don't think it's going to cost any more. The comments that Senator Berman made about costs came from a self-serving point of view, and I understand that. But if you think that the Board of Governors or the Board of Regents, when they do their work, do not, in fact, use the staffs at the universities respective universitles - for much of that information and help, you are wrong, because they are not getting it out of a blue sky. And What you're going to have to do is reallocate some of those staffs to do those functions. But to suggest - to suggest - that these Boards are doing al1 this work al1 by themselves is totally incorrect. They are, in fact, utilizing university personnel. In fact, they couldn 't get the information without them . So, my -- my thought is that it's not going to cost anything.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.
Are you saying that you can create a larger bureaucracy with forty-one people, rather than sixteen people, and no additional costs occur?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Well, you know, it's utterly Senator Berman is very clever with words sometimes. The bureaucracy he 's talking about are board members private citizens who are engaged With no compensation to Work in these positions. NoW if you cboose to call them a bureaucracy, fine. But don't think they 're... They're -- they're somebody who's going to assist. Because, you know, you have to keep in mind - and, Senator Hendon, you more than I Would probably know this - is that each university needs to have a special mission, and many of them do . And if they have a special mission, why are we putting them a1l into one pot, When 44 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 those boards that govern those schools who have a better view of that mlssion, who can better work with that missionr will help direct that institution to move forward in that mission?
PRESIDING OFFICER: (SENATOR WEAVER) Senatar Hendon.
My concern here Senator DeAngelis -- and you knowy we 've known each other for quite some time, and certainly respect you a great deal, but my concern here is -- is with the costs. And I'm probably one of the few Democrats that support a tax cap. Wl11 you guarantee a cap or put scme kind of cap on the cost of this matter, to make sure that doesn't cost the taxpayers of Illlnois any additional money? Will you guarantee that here on the Floor today?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: I cannot guarantee anything; I'm not the Chairman of Appropriation, but I can tell you this: On its face, ought not to, and I Will be as much interested in you -- as you are in seeing that that number's held.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.
So if we -- if we put a cap on the costs for accommodations, for travelr any addltional costs, will you -- will you support that cap and -- and fight vigorously for that capr to make sure that the taxpayers of Illinois don't have to bear any additional costs for this matter?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: 45 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Senator, have always believed in fighting for the taxpayers of the State of Illinois. Yes.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hasara.
Thank you, Mr. President...
PRESIDING OFFICER: (SENATOR WEAVER) Excuse me.
... Ladies and Gentlemen of the Senate. I rise in support of Senate Bill 987. We have, in the last feW years, passed many bills that gave those who are most affected by a topic or an organization more control over that organization. I I can Ehink of bills, for example, that put disabled people on committees and boards that affected them; put parents, who were affected by decisions government made, on boards and commissions so that those who are affected have a much greater say in what happens to them . That's what I see us doing in this bill. We are saying to universities, ''We think that the people in your areas and those Who have graduated from your universities know more about the direction that university should go, and so we want to give you more of a say, because you, in fact, are more affected by what happens.'' Certainly I would like to address the issue of my own area and Sangamon State. There is great support in this community for Sangamon State becoming a branch of the University of Illinois. We feel that as a capital city, we should have, certainly, the best university that Springfield could have. And think few could deny that that would not be the case in fact, Sangamon State became bhe third branch of the University of Illinois. There has been some concern in Springfield that Sangamon State Would be a branch and not a freestandlng university of its own, and I do want to let local people know that I have a 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 letter in front of me now from Bob Kustra to the President of Sangamon State, stating that the full intention is for Sangamon State to become its own campus, and certainly not just an extension of the Champaign campus in -- in -- of the University of Illinois. But feel that this, indeed, is a posltive step, not. only for 'Sangamon State, but for the University of Illinois, and hopefully, for the General Assembly. Maybe this isn't thè best plan that could have been developed to change university governance. Maybe we dldn't spend long enough on it. But I Would have to say that I've seen a 1ot of plans that have been studied and discussed for years and years that have, in -- in a number of years in the futurer not turned out to be such good ideas either. So say let's give this a chance. None of us know, at this time, exactly how much it's going to costr but I would stand up here and guarantee you that when you're cutting bureaucracy and giving each campus 1ts own board of nonpaid board members, I believe you are bound to save resources. Thank you.
PRESIDING OEFICER: (SENATOR WEAVER) Senator Hendon, I thought you had completed your questions.
Thank you, Mr. President, and 1'11 be very brief. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates that he Will, Senator.
Since the sponsor has indicated his desire, which is similar to mine, to protect the taxpayers' interests, will -- will the sponsor send this back to 2nd Reading for the purpose of adding a cap amendment?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: 47 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 No, because we're on 3rd Reading and we're voting on it riçht nOW .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.
Well, in conclusion, Mr. President, if my honorable frlend will not send this back to 2nd Reading for what he has already said' he agrees to and will support, then I have to stand by Senator Berman's figures. mean, elther we're going to support things. we 're goin: to support, or not. There is no rush to pass this today. Our honorable President, President Pate Philip, am certain, would give you ample time to get this in a 3rd Reading once again, lf you would just yield and send it back to 2nd Reading for what you have already agreed would be a friendly amendment not an unfriendly amendment, but an amendment that you said you support - one that would simply protect the taxpayers of Illinois. I believe the money should be spent on the -- on the students and not on additional bureaucracyr and that is why I have to vote No r since my friend -- I could have voted Yes if he Would yield for a friendly amendment, but since he won'ty then I have to belleve that he knows Senator Berman's figures are correct.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Demuzio.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1, too, rise in support of this legislation, and wish not to be redundant and will associate myself with the remarks made by Senator Hasara just a few minutes ago. I'm certainly not in total agreement alsoy with all of the aspects of this bill, and I'm painfully aware and very cognizan* of the fact that this bill will not pass in its current form in the Illinois House. But We certainly do need reorganization. We certainly need 48 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 accountabllity in higher education. I believe we ought to keep the process movlng . There is an ample time for us to continue discussions with respect to reorganization of higher educationr and I would urge my Members to vote Aye and to keep the process moving alonç so we can keep discussions -- and make them very fruitful and hope that we can get an agreement with the House before we adjourn this Sesslon. So, thank you very much, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Burzynski.
Thank ycu, Mr. President, Ladles and Gentlemen of the Senate. toor rise in support of this plece of legislatlon. I concur with the other proponents of the legislation in what this is intending to do. Certainly we are trying to do our best to qet more money into the educational process and not into the bureaucracies. We can talk about thirteen nillion dollars; we can talk about fourteen million dollars - whatever someone says it's going to cost. My particular board at Northern Illinois University - and I hope Mr. Hendon hears this says that they think they can absorb this into their administrative costs for about a hundred and twenty-five thousand dollars a year. That's certainly a far cry from thirteen million dollars a year. You know, we can study issues to death here in the General Assembly and in Springfield, but this is not a new idea. These ideas have been floating since the seventiesy since former State Representative Joe Ebbesen first introduced a separate governing board for Northern Illinois University. So I Would urge an Aye vote, and appreciate your consideration for that. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Collins.
49 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislatlve Day April 16r 1993 Thank you, Mr. President and Members of the Senate. There 's a lot been said herer but there were two speakers that I think you really should listen to What they had to say, and that was Senator Berman and Senator Maitland. I don't think either of those speakers had any real criticisms about the fact of decentralizing the administration and -- and making it more accessible and more accountable at the local level. But there Was some fundamental concerns and lssues that were raised there that thlnk the sponsor of this bill and the -- and the Governor and the Lieutenant Governor ought to really take note to, and that is the need to address some of the other major concerns with the problems of hlgher education ln this State and the time to do I don't see the urgency right now of singling out this particular issue and addressing it right now in the absence of dealing with the total problem of higher education. I'm afraid that if we move forward with this bill todayy the pcssibility of -- of us coming back and recognizing the necessity and the urgency of addressing some of the more fundamental problems With higher education in this State will be put on the back burner and not dealt with. We cannot afford to go into the 21st century without recognizing and addressing some of those basic problems with higher education in this State. That is a1l that Senator Berman and Senator Maitland has been saying ln -- in their -- in thelr speech on this Floor. And I think you ought to take note to it, and we ought to defeat this bill at this time.
PRESIDING OFFICER: (SENATOR WEAVER) Channel 20 requests permission to videotape. Is there leave? Leave is granted. Senator Palmer.
Thank you, Mr. President and Members of the Senate. I appreciate very much Senator Maitland 's very thoughtful comments, and I want to continue in that vein. As a strong supporter of 50 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 Chicago school reform , which has as one of its main elements local controlr autonomy and so forth, it is a difficult matter to decide whether or not to vote for or against this bill. But I have finally reached a conclusion and I am opposed to this bill, and 1et me tell you why. This is not a matter of giving autonomy; it is not a matter of downsizing; is one of fragmenting . you will take a look - and I hope that you wtll, and I hope that we will not vote for this bill so that youdll have time to do so - if you will look at the Task Force report given to the Governor, you will see some contradictions here. On the one handy this bill calls for abolishlng the system and replacing with seven different boards of governors. At the same time, the same Task Force report encourages the Illinois Board of Higher Education to be even more forceful in eliminatin: programs that are duplicatory <sic> and that do not directly focus on what our main concern should be, and that is the dellvery of good education to students by well-trained professors ln universitiesp with research and al1 that we should have in this State order for us to have a world-class education system in higher education. You may recall that the Illinois Board of Higher Education in 1990 looked at this matter and said that they did not see a reason for changin: the governance. In additionr there has recently been produced by the Illinois Board of Higher Education the PQP Report, and listen to the words that are attached to those letters: Productivity . Quality. Priority. That is what we should be doing and focusing on in our universities. Now imagine the contradictlon: Instead of having a system, we will now have seven indivldual campuses. Can you really believe that seven distinct gcverning boards will be happy prioritizing, eliminattng, and on the other hand, being willing to follow what should be our direction of prioritizing and not creating new entities? strongly urge us, 1et us not fragment when we have gone a long way now actually to doinç what STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 we should do by eliminating the duplicatlon. This is not the timey and this is not the way.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
Thank you, Mr. President. Excuse me. I think al1 of us could have a list of -- a litany of things that this bill doesn't do , but one of the problems khink in any legislative body is there's almost a God-like attitude that Whatever we think about or whatever actions we take, We can solve a1l problems. It seems to me that the maln question is this: Is there a need for improvement? And as far as I can determine from the remarks of every person that's -- bas spoken this morning, there is need for an improvement. So the seeond question is: Is thls a good start? Well, I haven't heard anybody say it isn't a good start. I've heard every -- I've heard some say that -- that it needs more work, and I Would agree With that. think what we face is several years to really see whether or not this is -- this is the right path and how it might be corrected. So I think, rather than trying to solve a11 the problems - a1l the litany of problems - we ought to ask ourself: Can we start here? Is lt a good beginning? think it is, and I'm going to vote for it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith . Senator Smith, did you wish to speak on this?
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I$m very, very concerned about this, because we're talking about the regency and the governing bodies of the higher colleges of educatlon in our State, which should be utcpia - the very best. And I see a lot of fear. I'm so afraid that we are beginning to see the beginning of the end of our edueational system here in the State of Illinois. Now, we're talking about we want to rid 52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 ourselves of the Board of Governors and the Board of Regents. They're only charge costing us presently about three million dollars. And if you institute and take them, divide them and put the seven universities that we have here in the State of Illinois on their own, theylre going to have to implement their own system, which is going to cost them a lot of money. Then youdre talking in terms of merging Sangamon State with the University of Illinois. University of Illinois is one of our top -- is the top university in our State. If they send -- merge wlth the University of Illinoisr they are going to have to raise salaries commensurate to that of the University of Tllinois. Sangamon State will have to do that. Then youdre talking about our seven universities. Now I'm personal; I'm concerned about the university -- State university -- What is that? State -- Chicago State University. They are doing well now . They 're going fine. If they have to become solvent to take care of their own, it's golng to be dlfficult for them to try to raise money to maintain their standards. You're talkinç about southeastern inner-city studies; it's in my district. They need the help and the assistance of the Board of Governors to make them continue to be solvent. But far removed from that, they 're talking about reducing and cutting out classesr across our -- our -- our seven universities. want to read this to you: The Board of Higher Education has recommended that forty-six instructional units be either eliminated, consolidated or reduced at the Board of Governors' university and colleges. Eight at Chicago State University, seven at Eastern Illinois Universityr twelve at Governors State University, ten at Northeastern Illinois University, and eight at Western Illinois University. The breakdown is as follows... and I have that. But the thing about is, you 're 'going to eliminate courses that our young people in the State of Illinois are goin: to need in order to make the 53 STATE 0E ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 quality of education that they should have in thls State. This is bad. Here you Want to cut out the 1aw department at Northern ln DeKalb, and so many other courses across this State - and this is no good - and eliminatp all of those classes - what these young people need. I say that we should thlnk this thing out; We should not decide this now. The additional cost per campus, if you divide these colleges - seven universities across, is going to add and this is estimate, I know - of one million two hundred and eighty-nine dollars and twenty-five -- tWo hundred and twenty-five thousand dollars. And the cost, as it is estimatedr to create this new system is going to cost us over ten million dollars. This, I khinkr is bureaucracy in action: to tear down what we already have, instead of building up what We already have and make it better for the future. Tearing it down and getting ... linaudiblel... With these oversight boards is not the answer. And I say to al1 of our people, please, think twice before you make your vote today.
PRESIDING OFFICER: (SENATOR WEAVER) WCIA and the Illinois Information Servlce request permission to videotape. Is there leave? Leave is granted. Senator Jones.
Thank ycu, Mr. President. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) I think he will. Senator DeAngelis.
Senator DeAngelis, the bill in its current form -- is this the bill that you expect to become the final productr or are we still in the negotiation stages on certain aspects of it?
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: The -- the bill that you see - the four hundred and twenty 54 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 page document - is the bl1l that ls currently in the Senate that we are voting on. And if I had the vision and the ability to prophesy what the end result is, I would probably not be sitting in the Illinois Senate; I would probably be dolng something else.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones.
Well, I wish you would have answered more frankly and more straightforward as to the intent. But 1 don't believe the bill is golng to end up the way it is. I'm in opposition to this proposed legislation, slmply because What you are doing with several of the small unlversities in this State is you're putting them in position wherein they would have to compete With the big universities, such as the University of Illinois vis-a-vis Northeastern, Northwestern I mean, not Northwestern, but Northeastern, Western and Chicago State University and et cetera. And we know from past experience the influence of certain universities as relate to the dollars and programs in this Body. Now if you are going to say that Northern -- Northern Illinois University, Chicago State University, Eastern Illinois University is a1l going to have to compete With the University of Illinois, as relate to programs, as relate to funding, you dre placing them at a very distinct disadvantage. The -- ta separate those universities out there by themselves and expect them to receive the same resourcesr the same adequate funding as our flagship university, youdre doing a disservice to the majority of the students in the State of Illinois that attend those universities from the urban areas. And When I asked you the question - Do you expect this bill to remain the same? know it's not going to remain the same, and you know it is not going to remaln in the sane shape and form. So I stand in opposition to the bill, based on that one fact: that you're taking the Board of Governors, 55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 you're separating them, and you're naking them a11 compete with the Unlversity of Illinois. That's totally unfair. Those universities are currently underfunded right now, and they would have a very, very difficult time coming to this Body to receive the necessary resources it needs to -- to educate many students from the urban area of the City of Chicago. So I stand in opposition to this bill. And mark my words, Senator DeAngelis, you know - you know - that negotiations are going on right now to deal with that particular aspect: and I Wish you would be more straightforward with us on this issue. But I stand in opposition to this bill as it is currently drafted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter.
Thank you very much, Mr. President, Members of the Senate. I'd just like to -- to give to the Senate the o1d saying that, 'If it ain't broke, don't fix And What we're hearing here ls we have a system that's not perfect, but yet and still it is workable, and think it is salvageable. And this bill here is not timely at this point in time. And if it's in order, would like just to move the previous question.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter, there's one more speaker and then that will conclude the debate. Senator Lapaille. SENATOR LaPAILLE: Thank you, Mr. President. For those that might want a little history on this issue, several years aqo there was an election and there was a president in Eastern Illinots University that decided to come out for a certain candidate. And 1'11 have you guess Who that Eastern Illinois University president came out for. After that election, the Board of Governors terminated that president because, like all university presidents: you're not supposed to 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 get involved in politics and you're not supposed to be open. Suddenly from the Governor's Officer this reform emerged. So what you 're witnessing today is pure political bossism coming out of the Governor's Office in retaliation for a firlng of a friend who came out in a political campaign against university regulations. That's why we're here. That's why we're debating this issue. That's why reorganization of the Board of Regents and the Board of Governors has emerged so quickly. This had to be done. We 'l1 have another bill that Will say because the Republican Party lost al1 three U of trustees this last election, let's reform that; let's make them appointed now. So what you 're Witnessing is pure political power in the Illinois State Senate by the Governor of this State and the Republican Party. And if you're for a hiçher education, youlll be voting No on this bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngells, to close. SENATOR DeANGELIS: Thank you, Mr. President. I'm not going to attempt to respond to a11 the comments, but I'm going to try to draw them down to several types. First of all, this is, in fact, a very, very difficult vote. I happen to have one of the universities in my area that's under one of these boards, and I have worked with the boards, and they're an extremely good board. This bill is not directed at anybody. It's directed at the change that has to be made. One thing that has been universal: Opponents, proponents - a1l of them are critical of what has happened in higher ed. And 1et me tell you: if you fre critical, then you've got to also be critical of bow we got there. And you can't in one breath say, ''We need change'', and then in the next breath say, HLeave alone''. You cannot, in fact, have it both ways. Now , these schools these universities - a11 have different missions. And then they are kind of meshed together through these boards, and STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16r 1993 part of the focus of that misslon is lost in that process. What this bill does, essentially, is it gives them dlrect access so they can fulfill their mission, and it gives them support through a board that will help them when they might lose their way, or when they might need the help to do that mission. And I have to tell you: When we get to costs, I won't even dignify that, because I'm not going to allow somebody who is a strong opponent to come up with a number that was pulled out of air. But I've got to tell you something right now : Any time anybody can argue that eliminating an intermediate bureaucracy is going to cost more, don't know where theydre coming from , 'cause essentially that's the thrust of this bill. It's eliminating an intermedlate group. Now how that could cost more is beyond my Wildest dreams. Nowy like said, I appreciate the sincerity of a lot of the people that spoke. I have a great deal -- amount of respect for my colleaguer Senator Maitland, and I know it is a difficult decision. But have to tell you: If we are going to change - if we are going to change - we must change. And 1et me just tell you, the first change Ehat's essential any change is the structure of who's been doing the governing. And this bill does exactly that. And I'm not suggesting that this is going to be the thing that's going to solve everythlng. Senator Lapaille, Governor Edqar has been in support of separate systems since he flrst entered the Legislature. And to suggest that a11 of a sudden - and by the way, this not his bill - all of a sudden he comes up with an idea because of some form of retrlbutlon, is totally erroneous. Let's address the needs of higher education through change. A trip of a thousand miles starts With the first step. This is the first step. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 987 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. 58 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Have all voted who wish? Have a1l voted Who Wish? Take the recordy Madam Secretary. On that question, the Ayes are the Nays are 18, none voting Present. Senate Bill 987, having received the constitutional majority: is declared passed. Senate Bill 990. Senator Dunn. Out of the record. Senator qsic> 991. Senator DeAngelis. 0ut of the record . Senator Demuzio , on 993? 993. Read the blll, Madam Secretary.
Senate Bill 993. (Secretary reads tltle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Demuzio.
Thank you very much, Mr. Presldent, Ladies and Gentlemen the Senate. Senate Bill 993 is the bill that came to us from the Illinois Association for the Deaf. There is there Was some controversy originally about the word ''American''. It has been taken out, for those of you that have received some communication from those individuals who are, in fact, deaf students or -- or deaf teachers from around the State. What this bill does now is it simply requires candidates for certlfication for teaching the deaf and the hard-of-hearing students to demonstrate proficiency in sign languaqe, as determined by the Illinois State Board of Education. And that is a11 it does. And would ask for your support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr the question is, shall Senate Bill 993 pass. Those in favor will signify by voting Aye. Opposed, Nay. The voting is open. Have al1 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 55 Ayes, no Nays, l voting Present. Senate Bill 993, having 59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 received the constitutional majority, is declared passed.
Take it out of the record. 998. 998? Senator Mccracken. Take it out of the record. Senate Bill 1000. Take it out of the record. .senate Bill 1031. Senator Fitzgerald. Read the bill, Madam Secretary.
Senate Bill 1031. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Fitzgerald.
Thank you, Mr. President. Senate Bill 1031 creates minimum statewide penalties for the sale of liquor to minors, for providing fraudulent ID to a minor and for use of fraudulent ID for the purchase of alcoholic beverages. It establishes a minimum penalty of five hundred dollars if somebody sells or gives alcohol to a minor. establishes a minimum penalty of five hundred dollars if you sell or give a fake ID to a minor. also establishes minimum penalty of two hundred and fifty dollars or twenty-five hours of community service: if possible, at an alcohol prevention center if a minor uses a fake TD And T would be open for any questions.
Further discussion? Further discussion? Senator Fitzgerald, to close.
Thank you. The bill passed out of commlttee unanimously, and I'd appreciate a favorable vote.
On the question, shall Senate Blll 1031 pass, those in favor 60 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 will signify by voting Aye. Those opposed, Nay. The votinç is open. Have.#ou a1l voted who wish? Have you all voted who wlsh? Take the record. On the question, there 's 54 Ayesr no Nays, l voting Present. Senate Bill 1031, having received the required constitutlonal majorityr declared passed. Senator Senate Bill 1032. Senator Hasara. Read the bill, Madam Secretary.
Senate Bill 1032. (Secretary reads title of bi11) 3rd Reading of the bill.
Senator Hasara.
Thank you, Mr. President. Under this bill, a person convicted under the Cannabis Control Act or the Illinois Controlled Substance Act may recelve a sentence of supervision or probation once. The Way things are now , a defendant may receive a sentence of probation and then on a second offense get supervision or vice versa. So that limits that optlon to one offense.
Further discussion? Further discussion? Senator Hasarar to close.
Just ask for a favorable roll call.
On the question, shall Senate Bill 1003 <slc> (1032) pass, those in favor will vote Aye. Those opposed, Nay. The voting ls open. Have you al1 voted who wish? Have you a11 voted who wish? Take the record. On -- on Senate Bill -- Senate Bill 1032: having received -- on the question, there are 50 Yeas, no Nays, 5 voting Present. Senate Bill 1032, having received the required constitutional majority, is declared passed. Now, WAND-TV has 61 STATE OF ILLINOIS ..88TH GENERAL ASSEMBLY 7' REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 requested permission to videotape our proceedings. Is leave? Leave is granted. would like to make an announcement. Wedre going to have some committee meetings at -- at noon Executive and Insurance. Educatlon, Judiciary: Public Hea1th will not be meeting today. So we intend to have a -- probably a half hour meeting and then come back in at 12:30, and hopefully get done with 3rd Readings and some 2nd Readings. So -- and 1et me say thts, too: that probably some of you have forgotten, there is a election Tuesday, April 20th - township and municipal elections. have voted absentee already. If you haven't -- haven't voted absentee, you're in trouble. I think, in my county anyway, you can still go to your local city hall or the election board and vote. So I would hope that everybody Would -- Would certainly do thatr for -- township government is very important in my communityr anyway. Senator Jones.
Yeah. Thank you, Mr. President. Could you repeat your statement as relate to the committees and meetings? 'Cause didn 't quite get it quite -- many Members didn 't quite understand your statement.
A11 right. Executive Committee and Insurance Committee will meet at noon for a half hour. These committees will not meet at al1: Educationr Judiciary, Public Hea1th will not meet at all. Wepre going to go for a half hour. We'll be -- come back at 12:30. Well, you know what? As soon as we get through wlth 3rd Readings. and dola few znds. The sooner the bettery as far as I'm concerned. (SENATE STANDS IN RECESS) 62 . STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 (SENATE RECONVENES)
A11 right. '3rd -- 3rd Readings. Senate Bill 1033. Senator Petka. Read the billr Madam Secretary.
Senate Bill 1033. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Petka.
Thank you, Mr. President and Members of the Senate. Senate Bill 1033 amends the Criminal Code and adds two aggravating factors which a judge or a jury may consider in the imposition or possible imposition of the death penalty. This bill was initially introduced as part of the Governor Edgar's drug-fighttng package. It Was amended yesterday on 2nd Reading to introduce a paragraph Which was basically the request of the Democratic State 's Attorney of Grundy County, David Neal, dealing with torture murder. The -- the first provision or the part of the Governor's drug package deals with the death penalty for drug kingpins who either counsel, solicit, or order a so-called hit. The torture murder provlsion deals with a situation which involves a death which is premeditated and intentional in which a prolonged period of agony or pain is the intended result when death results. This is a result of a case - a very sensational case from Grundy County - in which a woman was tied up or bound, was doused wlth an accelerant and was set afire and ultimately died. I urge the adoption of this amendment -- or this -- this bill, and I would be happy to answer any questions. 63 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993
Further discussion? Further discussion? Senator Petka, to close.
I'd simply ask for a favorable roll call.
The question is, shall Senate Bill 1033 pass. Those in favcr wll1 signify by voting Aye. Those opposed, Nay. The voting is open. Have you a1l voted who wish? Have you al1 voted who Wish? Take the record. On the question, there are 45 Ayes, l Nay, l <sic> (5) voting Present. Senate Bill 1033, having received the required constitutional majority, is declared passed. With leave, we'll go to Committee Reports. Leave is granted. Committee Reports.
Senator Weaver, Chairman of the Committee on Rules, repores that the following Leglslative Measures have been asslgned to committees: Approved House Bill 1007, request to change sponsorship to Senator Burzynski, House Bill 118, request to change sponsorship to Senator Mahar; referred to Appropriatlons Committee - Senate Amendments 10 and 11 to Senate Bill 311, Senate Amendment No. 5 to Senate Bill 315, Senate Amendment No. 4 to Senate Bill 319, Senate Amendments 4 and 5 to Senate Bill 320, Senate Amendment No. 2 to Senate Bill 321, Senate Amendment No. to Senate Bill 521, Senate Amendment No. 3 to Senate Bill 528, and House Btll 11467 referred to Education Conmittee Senate Amendment No. 1 to Senate Bill 87, Senate Amendment No. to Senate Bill 135, Senate Amendment No. 2 to Senate Bill 504, Senate Amendment No. 2 to Senate Bill 950, and House Bills 78r 79r 508, 650 and 1032) referred to Environment and Energy Committee - House Bills 510: 771: 772, 775, 1352, 1354 and 1527; referred to Executive Committee Senate Amendment 6 to Senate Bi11 1, and 64 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 House Bill 1013) referred to Financial Institutions Committee - House Bill 1343; referred to Insurance, Pensions and Licensed Activitles Committee - Senate Amendments 1 and 2 to Senate Bill 430, and House Bills 1206 and 20922 referred to Judiciary Committee Senate Amendment No . 2 to Senate Bill 206, Senate Amendment No. 2 to Senate Bill 10787 House Bills 543, 967, 1029, 1335, 1549, 1733, 2103 and 24002 referred to Local Government and Elections Committee Senate Amendment No. 11 to Senate Bill 1307 and House Bill 11457 referred to Public Health and Welfare Committee - House Bills 134: 1399 and 20437 referred to Revenue Committee - Senate Amendment No. 3 to Senate Bill 552, House Bills 113, 380 and 4547 referred to State Government Operations and Executive Appointments Committee - House Bill 2046; and referred to Transportatlon Committee - Senate Amendment No. l to Senate Bill 536. April 16r 1993.
Senate Bills 3rd Reading, the bottom of page 19. 1036. Senator O 'Malley. Take it out of the record. Senate Bill 1037. Senator DeAngelis. Take it out of the record. Top of page 20. 1042. Senator Petka. Senator Petka. Read the bill.
Senate Bill 1042. (Secretary reads title of bill) 3rd Reading of the blll.
Senator Petka.
Thank you: Mr. Presidentr Members of the Senate. Senate Bill 1042 amends the Marriage and Dissolution of Marriage Act in the State of Illinois by simply inserting a provision Which many believe has been well understood for a number of years. As the 65 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 1aw currently reads, a marriage between a man and a woman is valid in this State. The new language of this bill says that a marriage between a man and a woman is the only valid form of marriaçe in this State. And as used in this Actr man means a person of the sex that begets offspring, and a woman means a person of the sex that bears offspring . And specifically prohibits individuals of the same sex from being marrlage <sic>. Nowr the reason for this legislation, Mr. President and Members of the Senater is that there has been no question in this State, at least, that we have not had any need for the State sanctioning of such unions; however, other States have challenged Statutes and specifically have filed suits to -- to basically permit the State to sanction a marriage between those of the same sex. think that the language, in light of the fact that it is only by tmplication in the Statute that such unions are prohibited, and in light of the fact that in the -- in the changing realities of the world We live in, that it becomes very apparent that as a matter of public policy that we reaffirm that the only union which will be basically permitted, solemnized and licensed and registered in this State will be between that of a man and a waman. At this point, I would be free to answer any questions.
Senator Carroll.
Thank you, Mr. President, Ladles and Gentlemen of the Senate. know yesterday We saw a lot of bills tha: had no meaning that passed the Senate, even though everyone recognized they did nothing, and this one seems to do nothing twice. The Act that he 's amendlng - 1et me read you the the law: before the amendnent. ''A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.'' What else do you need? To go on and say that it's only 66 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35:* Legislative Day April l6, 1993 valid if it's valid , is not only redundant, I think it's silly. We already have the formality. There's nothing else that can be solemnized in this State. There are no cases pending that anyone's aware of. It's not by implication. It is in Section 201, ''A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.'' Why are we wasting taxpayer money on the paper cost of printing something that is just adding redundancy to the language? And think this is silly.
Is that a question or a statement?
Bothr but 1'11 leave it as a statement.
A1l right. Senator Stern.
Mr. President and Menbers of the Senate, in my former life was a county clerk, as indicated once before on this Floor, and when a situation similar to the one that apparently haunts the Senator who sponsors this came up r I asked my State's attorney for an opinion on the matterr and was told that the law was perfectly clear that marriage could be solemnized only between people of opposite sex. This is surplusage, unnecessary: and think, a moral statement.
Senator Mccracken.
This is not a frivolous -- I almost said this is not a frivolous lawsuit, and I had to catch myself. This is not a frivolous issue, and this is not a bill that does nothing, for one very important reason: It is becoming an issue al1 over the country. What is undoubtedly the case is that it has been the 1aw 67 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 in Illinois, for as long as Illinois has had laWs, that same sex marriaqes . are not recognized under our Code. Howeverr it is important that this Legislature stand up and say, in light of these changes Which we see a11 around us, it is time to reaffirm that as a matter of public policy the State wants to recognize marriage only between a male and a female. NoW you al1 may sit back and laugh and say, ''Boy, they're not enlightened. What are they talklng about? Times are changing. It's just a life-style choice.'' I beg to differ. Laws, as I have said before and as we all know , are normative; they represent values. And whether you deny that or not, it does not change the fact that 1aw conveys value. It is a statement of value, and franklyr I've always thought it is intellectually disin:enuous to contend otherwise. So the issue is not: Will there be values reflected in the public policy? The question is: What values will, of necessity. be reflected in public policy? And in light of what's happening a11 over America, includlng New York, including Chicago, Where there's talk of giving benefits to domestic partners of employees, is time to stand up and speak for the State of Illinois. So, my friends, I do not believe this is frivolous. agree with Senator Carroll that lt undoubtedly has always been the law, but 1et us make it express, in light of what's happeninç a1l around us. rise in support.
Senator Hendon.
Thank you, Mr. President. The domestic partners 1aW in Chicago dces not necessarily deal with people of the same sex. There are a number of situations where one person may have just been taking care of another person of opposite sex, and no hanky-panky at a11 Was going on. So I just Wanted to clear that up. 68 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993
Senator Carroll, for the second time. Excuse me.
be -- be through in one second. I have to take just one breath there, Mr. President. This 1aw nakes no sense to me. It's already on the books that We only recognlze marriages of -- dealing with people of the opposite sex. And when we come to these moral majority type of legislatlon, it just is amazin: to me when I stand in this -- in this Chamber With a law that has some significance, that will get prostitutes out of the streets in front of our children: and the same Senator Who votes against that now wants to pick on some little frlvolous, nonexistent situation rlght now in the State of Illinoës. This is not L.A . This ls not New York. This is Illinois. We don't need this; we don't have this. And -- and if you 're going to be family values, be consistent w1th it. That's a11 I'n saying to the -- to ny good friends on the other side. Be consistent with your family value issues, because I intend to bring the prostitution issue back to this Floor, and I will remind you of your vote today on this.
Senator Carroll, for the second time.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I do hate to rise a second time, but again, I think one of the prior speakers had indicated that should be expressed. I çuess I'm not being very clear. Let me try for the third time to just read to you 750 ILcs/section 5: Section 201. Formerly Chapter 40y paragraph 201. ''A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.'' The only marriage valid in this State is a marriage between a man and a woman. There has been no cases to the contrary. There cannot be. This is the 1aw of Illinois. Why are 69 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16r 1993 we going through this frivolous act? think this bill is a waste of the taxpayers' noney. You cannot be nore express than saying a marriage between a man and a woman is valid in this State. That is the law of Illinois.
Further discussion? Further discussion? If not: Senator Petkar to close. Senator Petka.
Wellr thank you, again: Mr. Presldent, Members of the Senate. It's strange how two officers of the court, lawyersr can look at a Statute and see two completely different things. going to read -- again the Statute that one of the Senators on the other side of the aisle has referred to . It says, ''A marriage between a man and a woman licensed r solemnized and registered as provided in this Act is valid in this State.'' Period. Then there are a series of prohibitions, and the prohibitions deal with bigany, with polygamy, with incest; it also deals With relatlonships and fanily relationships and near-family relationships. A1l I'm suggesting here is tha: we don't get into a situation like a judge in New York who permitted a lesbian couple to adopt by saying because there was no prohibition in the Statute, that the state would pernit it. What we want to say here at a very early stage is that, yes, we are going to honor the time-honored traditional Judeo-christian concept of a union between a man and a woman. That's a11 this legislation says; that's a1l this legislation hopes to do . It is not superfluous. It is somethlng that absolutely, necessariky will put a stamp from -- from the State of Illinois of what can be recognized as a valid marriage ln this State. And for that reason, I'd urge its adoption.
The question is, shall Senate Bill 1042 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 a11 voted Who Wish? Have you all voted who wlsh? Have you all voted who Wlsh? Have you all voted Who wisb? Take the record. On the questionr there are 29 Ayesy 15 Nays, voting Present. Senate Bill 1042, having not received the required constitutional majorityr is declared failed. Senator Petka.
Put that on Postponed Consideration, sir.
Yes. As you know, our new rules say you have to have 24 affirmative votes. You have more than 24 votes. Postponed Consideration. Senate Bill 1043. Senator Shaw. Read the bill, Madam Secretary.
Senate Bill 1043. (Secretary reads title of b111) 3rd Reading of tbe bill.
Senator Shaw.
Thank you, Mr. President. 1043 amends the Munlclpal Code to civil service examination fees. It raises the -- the fee from three dollars to fifteen dollars, and it's my understanding that there is no objection to the bill. And it's been over thirty years since this fee has been raised. I ask for Aye vote.
Any further dlscussion? Any further discussion? A1l right. The question is, shall Senate Bill 1043 pass. Those in favor, vote Aye. Those opposed, Nay. The voting is open. Have you al1 voted who wish? Have you al1 voted who Wish? Take the record . On the question: 54 Ayes, no Nays, no voting Present. Senate Bill 1043, havin: received the required constitutional majority, is declared passed. Senate Bill 1064. Senator Palmer. Read the STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 bill.
Senate Bill 1064. (Secretavy reads title of bill) 3rd Reading of the bill.
Senator Palmer.
Thank you, Mr. President and Members of the Senate. This is a self-help bill. It passed out of committee unanimously, and would like your support for it. The amendment, just so you know, it does not create a bank; it creates a board, the Federal-state Community Development Bank Board, which would be a mechanism to accept federal, State and private development funds for investment in economically depressed communities. It establishes criteria for financial institutions to meet prior to bein: able to accept investment funds. It creates a board that Would brtng economic development into economically deprived communities, and the board shall be appointed by the Governor and the State Treasurer. You may, I'm sure, have been reading the paper that as part of the President's economic development program, with an emphasis on self-help for communities, there is proposed a new system of development banks. The South Shore Bank' whlch is one of the prototypes that is being looked atr is in my district, and it has done an excellent job of revitalizing a community over the last twenty years. I think in today 's Tribune there is a note that the Lasalle Bank and others are investing even more in the South Shore Bank. This bill Would be in place to capture any funds that the new federal program may direct tokards the State. I would be very happy to answer any questions.
Any further discussion? Any further discussion? notr 72 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16r 1993 Senator Palmer, to close.
Ask for a favorable vote.
The question is, shall Senate Bill 1064 pass. Those in favor will vote Aye. Those opposed: Nay. The votlng is open. Have you a11 voted who Wish? Have you al1 voted Who wish? Have you a1l voted who wish? Take the record. On the question, there are 28 Ayes, 17 Nays, 9 vokinç Present. Senate Bill 1064, having not received the required constitutional majority, is declared failed. Senator Palmer.
request that that b111 be put on Postponed Consideration. It received 28 votes.
That -- that request ls in order. It only takes 24 votes. It's on Postponed Consideration. Senate Bill 1068. Senator Cronin. Read the billr Madam Secretary.
Senate Bill 1068. (Secretary reads title of b. i11) 3rd Reading of the bill.
senator Cronin.
Thank you, Mr. President, Members of the Senate. Senate Bill 1068 seeks to amend the confiscation of weapons provision of the Criminal Code. This -- specifically what we're seeking to do is is provide that weapons used in a homicide, when no longer needed for evidentiary purposes, may be returned to their lawful owner or may be destroyed or confiscated - however the judge sees fit. The bill authorizes the court to transfer the weapon to the 73 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 sheriff for destruction, or the Department of State Police or the seizin: agency. This -- this bill passed out of committee unanimously. It's supported by both the NRA and the gun control advocates. This is prompted by a incident whereby the confiscatlon of weapons statutes could not be applied to a situation where an assallant killed himself after committing a tragic violence of murder. ask for your Aye vote.
Senator Geo-Karis.
Would the sponsor yield for a question?
He indicates he will. Senator Geo-Karis.
If -- supposinq this gun was stolen from a rightful owner and used in a hqmicide. Would the riçhtful owner be able to obtain back under your bl11?
Senator Cronin.
Yes, Senator Geo-Karis, this bill takes that circumstance into account. amends the provlsion regarding the ability of a person to make a claim; instead, when no lonqer needed for evidentiary purposes, the court may return it to its lawful owner, if the gun was stolen. That's one of the provisions in the bill.
Senator Hendon.
Thank you, Mr. President. Will the sponsor yield for a question?
Sponsor indicates he will. Senator Hendon. 74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993
My question, Senator, is on the is alonç the same lines as Senatcr Geo-Karis. You say they may return the gun to the riçhtful owner, or they may destroy the weapon. Is that -- who -- is that at the court's discretion? Because it.'s -- the rightful owner had nothing to do with the -- the crime, such as the gun was stolenr I believe the gun should be returned to the rightful owner. And that's my only problem that I have with it: Senator Cronin.
Senator Cronin.
Yeah. Your question is a legitimate one, but for purposes of direction for the court, we permit any one of a number of different circumstances to be considered. The court mayy in its discretionr number one, the weapon was stolen, order the return of the weapon to the lavful owner; two, order the weapon to be transferred to the sheriff of the county for destruction; or, order the weapon preserved as property of the governmental body for evidentiary reasons. We tried to put a1l of those circumstances into one -- one provision, so that and , in fact, wefve included that, whereby before it wasn't lncluded.
Senator Hendon.
Thank your Mr. President. Wellr I would -- I think needs to be cleared up just a bit that will allow the rightful owner of the weaponr if they had nothing to do with the commission of the crime, to get the return of their weapon. And if the sponsor is willing to do that in the House, then I'd have no further questions, and we could perhaps do that in the House. Because if you -- if you spent your three or four hundred dollars and bouçht 75 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 a -- a weapon and it's not an illegal weapon, then you should have the right to the return of that weapon. I've had some cases in Chicago where Ilve had people having a1l kinds of trouble trying to get their weapon back - that they rightfully bought and rightfully owned and legally licensed to have - from the courts, because some judge decides, or some State's attorney, that they just want to confiscate and destroy that weapon. And I thlnk that's unfair. Sor if the sponsor is willing to work on that in the House, then I'd have no -- no further nothing further.
Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. just have one question, if the sponsor will yield.
He indicates he'll yield. Senator Jacobs.
The -- the -- there appears to be no provision that once a11 the evidentlary system has been processed, once the decision is made as to what's going to be done wtth the weapon at that time, if the original owner doesn't want or can't be contacted -- why is there no provision for *he police department maybe to sell this, to use that money then to to fight crime in other ways? Is there any reason why that Was not considered?
Senator Cronin.
Well, that -- that's a good suggestion. I -- I think in the bill we provide for a couple different alternatives. The judge may order the weapon to be preserved as property of the governmental body. The police could use it in that circumstance. They may order the Weapon to be transferred to the Department of 76 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 State Police to. be used for crime laboratory purposes or for tralning purposes. We could include that, if you'd like. If I may, just to explain to you what prompted this, real quickly. As you know, there's a confiscation of weapons standard -- 'statute already in place, but doesn't contemplate a very narrow set of circumstances which happened in my community, whereby this stalklng incident this assailant shot down two victims and then killed himself. Well, the gun that was used in that incident Was the -- the family of the assailant was seeking to recover the gun for -- for some purposes to promote some sort of book or something . Who kn6ws why? But it's a weird part of the 1aW that we're trying to address a very narrow area where you can confiscate a weapon when it's not needed because there's no trial there.
Further discussion? Further discussion? Senator Cronin, to close.
Yes. I thtnk we 've explained it pretty thoroughly. This is, as I say, a bill that has been worked on by both sides of the gun debate. We have some agreeable language here. If it makes some of you feel more comfortable to change a ''may'l to ''shall'' in the House, think that that's something that we could do. But I ask for your Aye vote.
The question is, shall Senate Bill 1068 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you all voted Who wish? Have you a1l voted who wlsh? Take the record. On the questionr there are 55 Ayes, no Nays, no voting Present. Senate Bill 1068, having received the required constitutional majority, is declared passed. Senate Bill 1076. Senator Sieben. Read the bill, Madam Secretary. 77 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll l6, 1993
Senate Bill 1076. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Sieben.
Thank you, Mr. President, Ladies and Gentlemen of the House <sic> (Senate). This bill... We keep making the same mistake, don't we?
You'll get used to it.
Wepll get used to it. Ladies and Gentlemen of the Senate...
Senator -- Representative Farley?
think Bruce did it three times yesterday. 1'11 try and only make the mistake once.
Senator Farley.
Point of personal privilege, Mr. President.
Go right ahead .
I just want everybody to know, I'm not alone. keep...
You arenft.
- - I -- not only though -- I -- I would point out that I not only get confused sometimes what Chamber inr but keep going 78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 back to my o1d parking place, too .
Well, Welcome to the Senate, Senator. Senator Sieben.
Mr. President, this bill amends the Marriage and Dissolution of Marriage Act to deny visitation rights to persons convicted of child sexual abuse or sexual molestation. It stems from a case in Henry County Where a mother tried to seek protection in the courts for visitation of her chlldren. Her ex-husband was convicted to seven years in jail because of child -- sexually abusing her daughters, which were his stepdaughters. After serving two years of the seven-year sentence, he was released after two years and sought to reestabllsh vlsitation rlghtsy whlch she tried to fight in the courts. The State's attorney in Henry County has suggested this language to say that those visitation rights could be denied until - until that father - untll he completes a court-approved course to be sure that some protection has been given to those children. Be happy to answer any questions.
Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. It's really not fair of Senator Sieben to pick a bill of this important as his first bill, because I had a lot of good things wanted to hit him with, but we're not goin: to be able to . The -- the one thing I do want to ask, though, in your -- in your discussion, you indicated that this was permissive. As I lcok at the -- the bill, that under any circumstances, if a -- a non-custodial parent has been convicted of a sex crime, even if it's not with the child of that -- of -- of that family, that under no circumstances could that person visit, even under supervision. And I want to know it is permissive, or whether 79 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 it is, in fact, a ''shall'' rather than a ''may'l.
Senator Sieben.
Under the language of the bill, would not be permlssive. The non-custodial parent or relative, when they cone out of prison from serving the term - this convicted sex offender - Would have to get permission fron the court, seek permission from the court, for visitation by completing some type of a treatment program that the court had approved.
Senator Jacobs.
But then, I guess -- so it is permissive from the standpoint that he does have recourser or she does have recourse, number one. And then after the parole over, then that's not a consideration. Is that correct?
Senator Sieben.
This deals With the period of time while on parole or on mandatory supervised release. After they come off, it would be permissive.
Senator Jacobs.
Then thank you , Mr. President. I ask for strong support of this legislation.
Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, I think 80 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 thls is an excellent bill. I have a case rlght now in my county where the father, when he'd take the -- the six-year-old daughter, would molest her and the child was traumatized, didn't say anything about it till about a year later: and then he wants visitation rights with the.child. The psycho1oglst said, ''No: he can have visitation rights as long as there 's someone else present from the family.'' I think this is a good bill, because if there's anything that's most horrifying, is molesting children, and I certainly commend Senator Sieben for sponsoring this bill. I'm for it.
Further -- further discusston? If not, Senator Sieben, to close.
Thank you, Mr. President. This is an important issue in the area of protecting children from ccnvicted sex offenders. I Would ask for an Aye vote.
The questlon is, shall Senate Bill 1076 pass. Those in favor, vote Aye. Those opposedr Nay. The voting is open. Have you a11 voted who Wish? Have you a11 voted who wish? Take the record. On the question, therels 54 Ayes, no Nays, 2 votinç Present. Senate Bill 1076, having received the required constitutional majority, is declared passed. Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I would like to have leave of the Body to have Senator Madigan be shown as the lead sponsor on Senate Bill 252.
Is leave granted? Leave is granted . Senate Bill 1077. Senator Petka. Read the bill, Madam Secretary.
81 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 Senate Bill 1077. (Secretary reads tltle of bill) 3rd Reading of the bill.
Senator Petka.
Thank you, Mr. President, Members of the Senate. Senate Bill 1077 is the Private Correctional Facilities Construction and Operation Act. This Act Would permit private enterprises to construct correctional facilities and to permit those private enterprises to lease those facilities to the Department of Corrections. It would also permit the Department of Corrections to authorize inmates to participate in the construction and rehabbing of -- of the prisons. Additionally, it would require that compensation be paid to the inmates and would also -- the compensation that it would -- be earned would be used to offset the costs of the inmate 's incarceration. You might refer to as the Republican Bed and Breakfast Program for Convicts. Also -- it also would repeal the Private Prtson <sic> Moratorium Act of 1991, believe. The purpose for this legislation is simply to implement in the State of Illinois a concept which basically started with Prime Minister Thatcher in England: and that is that private enterprise, when put to the test, can -- can basically construct and do things cheaper, more efficiently and economically than any bureaucracy known to man. Also, and most importantly, the individuals who would be permitted to work in this program are nonviolent offenders. We 're not talking about murderers, rapists, armed robbers and those who -- who have created enormous bodily harm and injury to victims. We're talking about indivlduals Who are behind bars for theft, for burglary, the deception, forgery and crimes which basically are what we call crimes against property. The reason that so many of these people are behind 82 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 bars, in my opinion, is that they have never, ever learned the causal relationship between working and eating. And because of that, it is veryr very important that instead of whiling away their hours watching porn flicks behind the walls of the Department of Corrections, that we give them an opportunity to develop the work ethic, and when doing so, perhaps give them a sklll so that we won't have to bulld as many prisons as perhaps may be envisioned in Senate Bill 956, which we recently passed out of here. think that privatization ls an idea whose time has come. It's an idea that will absolutely save money for the State of Illinois and in -- and as an incidental benefit, may serve as a vehicle for re-inculcating <sic> inmates lnto society. Because might remind you that under the Illinois Constitution: one of the goals of the criminal justice system is to restore an offender to useful citizenship, and this would be a major move in that direction. Mr. President, I urge adoption. I'd be happy to answer any questions.
Well, there are at least elght lights flashing. I hope you 'd a11 keep the questions down. You will never -- we 'll be here at 6 o'clock tonight at the rate we 're going. Senator Rea.
Thank you, Mr. President. A question of the sponsor.
Indicates he'll yield . Senator Rea.
Senatorr could you tell me what the position of the Department of Corrections might be, and what they may have to say about this project?
Senator Petka.
83 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Senator, I didn't hear the last part of that question.
Senator Rea.
The first .part is what is the position of the Department of Corrections; and secondly, what comments do they have to make on this?
Senator Petka.
The -- the Department of Corrections, as I understand, is neutral on this piece of legislation.
Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate...
Wait. Excuse me. Senator Rea, again. Go ahead .
To the bill, Mr. President: It's -- my second question was not answered in terms of the Department of Corrections, and would have been very interested in knowing what the -- their position. But accordlng to the fiscal notey which I have from Corrections that was filed on March the 17th -- or dated March the 17th, let me just share With you this think it's very inportant: Private correctional facilitles are in limited operation around the country. Most research has failed to show any long-term savings from a privatization of correctional centers and a number of privately operated prisons have experienced significant security problems. Few benefits due to privatization of major prisons are readily apparent. The Department does 84 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION dENATE TRANSCRIPT 35th Legislative Day April l6y 1993 currently contract with a prlvately operated community correctional center in Chicago, and believes that smaller facilities hold more potential promise for privatization. The Sections of the bill whlch authorize use of inmate labor on constructbon projects is a problem for the Departnent. In states where inmate labor is utilized, construction quality is often low . Moreovery use of inmate work crews on a large scale Would necessitate hiring signifieant numbers of budgeted levels. Use of inmate labor in thls manner could also lead to labor problems on other Department construction projects. Finally, the deduction of a11 the inmate wages to a restitution fund only after other deductions authorized by 1aw have been made from the committed persons' accounts would lead to significant unrest in the inmate population, placing correetional staff at increased risk. Now : certainly rise in opposition to this. I know thaty for instance, in my area and other parts of the State - for instance, the high unemployment that we have addition to what the Department has said. I also know that many times when you get into the contractual arrangement, that this goes ou* of state. We've seen this happen before. Now, there has been a limited number of these operations around the country, and why is that? The reason is the states are very reluctant. They have not been successful in other places. There are many unanswered questions, even including the legal questions, about, you know, who is responsible when an inmate dies or seriously injured. What about the bankruptcy problem? Who takes this over? Cheek terms of the State of Pennsylvania, where they had a private company running a prison and went bankrupt and created a1l kinds of legal problems and also became a public safety nightmare. Look at this leqislation very carefully. It's -- I would urge you to vote No.
Senator Demuzio. 85 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6# 1993 END OF TAPE TAPE 3
Thank you very nuch, Mr. President, Ladtes and Gentlemen of the Senate. Senator Petka, I think I said in committee that the privatlzation idea is certainly a concept that -- it certainly ought to be explored, particularly in the manner which we have conducted ourselves by spending over five hundred millicn dollars in the last fifteen years on correctional institutions -- ln Illinois, and it looks from the task force that What we can -- buildlng sone more. But 1et me point out to the Members what this says. It says it would permit a private enterprise to construct, operate and lease correctional facilities to the Department of Corrections and would allow inmates to be used in the construction of the prisons and would require compensation that would be earned by the inmates to be used to offset the cost of a person's incarceration. Does that mean, Senator Petka, that there will be a sliding scale that would be developed for those prisoners and ehey -- they will be able to keep a portion of those dollars ehat they earn?
Senator Petka.
The bl11, Senator, on page 12 says that a1l sums which are received as wages shall be basically placed into this fund.
Senator Severns. Well, your light is not onr but go ahead. Senator Demuzio .
86 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 Wellr the light is on when I begin; it must have been turned off over there. Well, 1et me agaln reiterate. I think that the prlvatization concept - I think - is one that we certainly ought to explore. Yesterday we had a bill that would allow prisoners to be -- be maklng office equlpment and would allow for no bid of any of the counties or munlcipalities that were to buy the -- the furniture and the equipment from -- from the prison correctional institutions and they would be able to be afforded the opportunity to have money that would go into their -- their pocket as -- as inmates. said yesterday, you know, we 're spending eighteen thousand dollars a year for a prisoner in a minimum security setting, twenty-three thousand for those in maxlmum security, and twenty-five thousand for those a hundred and twenty to twenty-two - that are on death row. I just think that' allowing prisoners the opportunity to go out into the communities like - don't know how they're going to be housed I don't know hoW they 're goin: to be transported - to teach them a trade, it seems to me that there are more advantages to going into the prison system today then there is ln trying to get them out. It just seems to me that we're going ln the wrong direction with that eoncept, and I would rise in opposition to this position.
Senator Severns.
Thank you, Mr. President. tooe rise in opposition. question that was raised during the committee hearing , and one frankly that has not been addressed by way of any amendments since that hearing was: HoW do we prevent felons who have violent criminal backqrounds from participating, and handing over to them electric sawsr hammers, equipment that could become dangerous. And in -- while Senator Petka responded in committee that that is not his inEent, the reality this bill doesn't do anything to 87 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 prevent that from happening. I think there 's too many unanswered questions with this bill. While your intentions, I'm certainr are - - are appropriate, think the bill has too many unanswered questions to pass out of the Senate with so many very serious concerns that have been raised by many Members durin: the committee debate, and concerns that in large part have been reiterated here today. I would urge a No vote.
Senator Collins.
Question of the sponsor, please.
Indicates he 'll yield.
Senator, Will -- given that these are private owned businesses that will be doing this construction, Will they have to pay the prisoners prevailing wage?
.. . tmicrophone cutoffl...petka.
Senator, there's nothing in this bill which Would -- which would speak to that issue at all.
. .. lmicrophone cutoffl...collins.
If -- they are privately owned businesses, Senator, then that's one of the flaws of the bill. Why should they get -- not pay prevailing wages, which on most other projects that is subsidized by the State in some way, they have to pay prevailing wages? So why not prevailing wages for -- for this -- for this this industry?
88 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 Senator Peeka.
understand the point you fre making, Senator. It is not my purpose to make convicts rich. It is my purpose to make convicts work and permit them to work. One of the reasons that prlson construction costs approach sixty and seventy nillion dollars and why many people were forced to vote for a bill that basically 1et prisoners out early - and I might add, I did not - I think that one of the reasons for that is beeause it eosts too doggoned much money to build these prisons. I'm looking for economies from people Who have a 1ot to gain by working out. And incidentally, in just answering 'another Senator's questionr this program does not envision violent offenders going out in the street. I'd be the last person in North America to permit that to happen. As indicated in my opening renarks, we are talking about a very select and narrow group of offenders, and if -- and the -- the intent and the Department of Corrections can read that intent into this bill - is to 1et those offenders out Who currently are permitted to pick up papers along the sides of highkays.
Senator Collins.
Thank youy Mr. President and Members of the Senate. The the sponsor did not answer my question, but 1et me speak to the -- to the broader issue here. The reason he canlt answer the question is because really what this bill does -- it's the same thing that they used to have in the South, and this is really equal to chain gang labor; slave labor that's what this is - for a private owned business. They really are going to get almost free labor; they can pay them what they want, no provisions that they have to pay them even minimum wage in this bill. But wedre talking about privately owned entities; that's wrong. Nowr the concept - the 89 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 policy - that Wepre establishing here is, rather than focusing on how do we stop the the the increase ln the prison population, we are creating an industry here, that Would encourage increasing the number of prisoners, because if you're going to have people out there buildlng our prisons, you got to have inmates to fill them. Let's be real here. If I'm going to go out there and start constructing some prisons, then I'm going to have some inmates to put in there. Otherwise it doesn't make sense. It takes away -- it's a conflict -- it takes away the -- the emphasis of gettlng people out of prison and doing something about the problems that causes people to commit crimes in our society. And that -- I think this is a bad concept. It's bad public policy: and we ought to defeat this bill.
Senator Geo-Karis.
Mr. President, and Ladies and Gentlemen of the Senate. My heart is bleeding for prisoners who don't get the prevailing wage. For heaven's sakes, they did a lot to get into those prisonsr and they took away from people and then you want to give them prevailing wage? Where 's the common sense about that? First of all, these people Will be trained; they will be learning a trade from the private enterprise here. And I might tell you, about the establishment and operation of private correctional facilities -- must be revlewed by the local authorities. The county board of the county in which the facility resides must approve the establishment of said facility. Thè operational contract of any such facility must be submitted by DOC to the governing body of the lccal government in Which the facility rests, for its review and recommendations. We're trying to teach these people a trade. If theydre going to learn a trade by this kind of an operation, what is wrong with We've got to learn -- to teach people to 90 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 learn to work. The Work ethic is very important in this countryr and we're getting away from it constantly when we say we should pay prevaillng Wage to the prisoners. I rlse in -- to speak in favor of thls bill and forget this poppycock, and let's do the right thing.
Senator Hendon.
Thank you, Mr. Presldent. First of all, just for everyone's information in this Senate, everybody in jail was not guilty. And let me repeat that: Everybody that ls incarcerated did not conmit the crlmes for which they were incarcerated. Many of them were just poor, simply could not find a good attorney, and some others simply the jury ruled the Wrong Way. So everybody in jail is not a criminal, that's first of all. Will the spohsor yield for some quick questions?
Are you making a statement or asking a question?
I'm asking a question.
Al1 right. The Senator indicates that he will answer your question.
After the construction of the prisonsr Senator Petka, will the prisons then be privately run? Will the private entity have anything to do with the running of the prisons?
Senator Petka.
That is -- that is the gist of the bill; that prlvate correctional, or private corporations, or private adventurers will 91 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 be running the prison with the -- on the basis of -- of a lease that they will be entering into with the Department of Corrections.
Senator Hendon.
When -- when a private entity - a for-profit entlty - runs any business, they're runnin: it in order to make a profit. If the prisons are run to make a profitr won't making a profit come before security, come before rehabilitation?
Senator Petka .
That is simply not true. And I believe it reflects a dwelling upon hostility towards private profit and private industry. What - - what this industry will do, is make sure that the lease that they enter into will not be terminated because of material breaches of that -- that lease contract. And from my perspective, they have every incentive to make sure that the -- the prison is more secure than a bureaucracy .
Senator Hendon.
Mr. President, there are a number of business men and women in this Senate, and not a single one of them will run a business and lose money, or run a business and not try to turn a profit. So there is absolutely no way in the World that Senator Petka can tell me that a for-profit capitalistic corporation - when We live in a capitalistic society is going to run a prison and put security: or put rehabilitation of the prisoners above the profit. The reason why the State Governments run the prisons now, is because they have a purpose and a mandate to rehab the prisoners 92 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 and keep the publlc safe. I don't believe that any private industry is going to care as must about keeping the public safe when they look at their bottom line and they determine that it's cheapery and therefore more profitable, to have a cheap cell than to have a cell that's going to lock somebody up. So what we could in fact be doing today, is make sure it's easier for prisoners to eseape, because any businessman ls going to try to turn a profit, and we know that is true. Now scme of you groaned when Senakor Collins nentioned that this ls slavery, that this is the old chain gang situation. But not a Senator in this Body would work and not let some of that moneg end up in your pocket. And it is wrong even for a prisoner for them to work and not get some of that money. That is slavery, 1993. You don't have to like itr but that's what it is, and we should vote this down, keep the public safe, because without this, they're just going to be trying to make a profit and they're not going to care about keeping khe public safe.
Thank you, Senator. Senator Fawell. And I hope you dll keep it brief. Senator Fawell.
don 't -- I don't think I could match that. You know a couple of years ago we had a Senator on-- on the Democrat side that -- that he and I used to...
Could We have some quiet, please? You know what? I1m trying to get people out of herer because I know everybody wants to go home. The longer we talk, the more commotion, the longer We're going to be here. Now I intend to get through 3rd Readings today, to give everybody a shot, and come back -- do committees: and come baek and do 2nd Reading . You know , after the point has been made two or three times, you don't have to get up and say the same 93 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll 1993 thing again. So angway, Senaeor Fawell.
He and used to talk, and one of the things that he would mention - and by the Way his name was Senator Newhouse one of the things that he used to mention is the fact that his people quote and unquote, could not get into the unions and therefore could not learn a trade. Maybe there are some flaws in this bill, but stop and think about it, this might by one way -- this is the way they used in Callfornia to get the -- some of the ex-cons into the trades. At least it'll teach them hoW to do some of the carpentry and some of the bricklaying, et cetera . My cousin used to be a Chaplain at Bridewelly for any one who might be interested, and 1'11 tell you the way the trades used to teach bricklaying in Bridewell. It came in -- bricklayers union came in and laid three layers of brick, mixed a batch of mortar that could never be hardened from now until eternity. And every time there was a group such as us came through the jall to take a look at it, they Would grab a few trustees, run them into this room y and have them supposedly 1ay brick. Nobody ever learned a trade in Bridewell. Maybe this might be one way they could learn a trade and take it back to society and stay out of prison. It's not a bad idea, and Ifm for the bill.
Senator Trotter.
Thank you very much, Mr. President. Would the sponsor yield?
He indicates he'll yield. Senator...
Senator Petka, I'm Wondering who will regulate these private companies. Who would oversee and ensure that the job is done correctly? 94 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993
Senator Petka.
Senator Trotter, in Section 25' paragraphs (b) and (c) of the bill, the Departnent Wl1l establish procedures for the screening of offenders and juvenile delinquentsy and the Department shall review, inspect and evaluate all correctional facilities which are operated under this Act.
Senator Trotter.
Well, you 're saying that this will be done within the Department, so there will not be a new oversight committee created which would enforce us to spend more dollars?
Senator Petka.
Senator, the idea of this legislatlon is to trim the bureaucracy and not to expand it. So we 're not going to create another bureaucracy, if that's what you mean.
Senator Trotter.
Thank you very much. Well, that is the question; I did want to know whether we 're going to create a new -- new level bureaucracy. Also, is this -- Would this override a home rule issue, as far as looking at going into a private community into a a city and circumventing their building codes and their building regulations? Are we setting up new standards here?
Senator Petka.
95 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6r 1993 Senator, the -- the same provisions that are required for the spottlng of a prison right now in Illinois Will be -- Will be continued in this legislation. So the answer to your question is nO .
Senator Trotter.
One: If there are accidents on these sites, who is going to pay for the lawsuits? Would that be incumbent upon the Stater private agencies? Is this Written into the -- the laW?
Senator Petka .
Senator Trotter, under current law, when lnmates are -- are performing services related to their incarceration, they are not permitted to sue the State of Illinois.
Senator Trotter.
But they lre going into a private enterprise, I mean, so theypre not suing the State: so if they're injuredr they -- they can 't get workmen 's conpensation, they can't sue for negligence, so how do they get compensated for the injuries that happen here on the work slte?
Senator Petka.
Senator, they're not. We're not talking about repealing the thlrteenth amendment to the United States Constitution on involuntary servitude. These folks are going to be given an opportunity to sign up for the program . If they don't want to work, that's their problem. There are incentives for these folks 96 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 to learn a trade. If they don't Want -- want to be a part of the program, they don 't have to be.
Senator Trotter.
Okay. Presently, believe there's legislaticn saying that we fre -- wedre trying to do away With the Scaffolding Act. So here we have people who are working on a site. Would the private companies have to pay into a compensation fund, to ensure that there's not any suits -- maybe even by -- say lf they get killed, so their estate or the families of these people can -- can sue or get compensationr there's a wrongful death?
Senator Petka.
The Act contains no such provisions.
Further discussion? Further discussion? not, Senator Petka, to close.
Thank you, Mr. President, Members of the Senate. don 't even know where to start. I've taken so many notes I think Ilve given shorter closing arguments than With this summary, but quite candidly, I'm not surprised that a fiscal note was filed by a bureaucracy that basically tries to protect its own burgeoning . I'm not surprised that the Department of Corrections may be hostile to an idea like this. I really am not. Was a State's attorney in a county that had three prisons. I had to deal with these folks and just like any bureaucracy, once it starts, it it -- it gains eternal life. A11 I'm suggesting is We have a new idea and bureaucracies are hostile to new ideas. This idea simply says that we are goinç to try to implement the constitutional 97 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leglslative Day April l6, 1993 mandate of 1970 in restoring offenders to useful cltizenship. We talk about jobs, jobs, jobs, but what good does it do for a person to sit behind closed doors, watch pornographic movies, enjoy life at our expense, and when he walks out, simply not be able to get a job, because he doesn't know how to do a damn thingw My suggestion to you folks is to pass this legislation. Let's take a bold and innovative step, move forward so that we don 't have to spend sixty million dollars to lncarcerate individuals. And, you know, despite what one Senator may say, those folks are behind bars because a judge or a jury has found them guilty. They've done something wrong - at least in the eyes of impartial citizens of this State. And it seems to me that it just seems an attack on the integrlty of the judicial system to suggest otherwise. What -- what I'm suggesting to this Body is let's move forward; let's discard the ideas that simply don't work, and let's do something that will perhaps be a very, very progressive step for the rest of - not only this State but the rest of this nation. Let's get on With it. Vote Yes.
The question isr shall Senate Bill 1077 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you a11 voted who wish? Have you all voted Who Wish? Have you a11 voted who wish? Take the record. On that question, there are 25 Ayes, 26 Naysr voting Present. Senate Bill 1077, having not received the required constitutional majority, is declared failed. Postponed Conslderation? Postponed Consideration. Senate Bill 1082. Senator DeAngelis. Senator DeAngelis. Read the bill.
Senate Bill 1082. (Secretary reads title of bill) 3rd Reading of the bill.
98 STATE OF ILLINOIS 88TH GDNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6y 1993 Senator DeAngelis. SENATOR DeANGELIS: Thank youy Mr. President. Senate Bill 1082 is the blll that changes the method by which the trustees of the Universlty of Illinois are approved. We will be moving from an elective process to an appointed process. This process will occur after the next qubernatorlal election. There can be no more than five members of the nine trustees from the same party. We will add one nonvoting student member to the current body, and we Will change a1l the appropriate Statutes necessary to get this accomplished. urge that we adopt -- that...tmicrophone cutoffl...
.. . tmicrophone cutoffl...discussion? Senator Lapaille. SENATOR LaPAILLE: Here we go again. Reorganizing higher education in Illinois, the Jim Edgar style. So We have an election; for years the University of Illinois trustees have been elected statewide. They are guardians of close to a two-billion-dollar operation at the University of Illinois. People don 't realize the budget of the U of 1. I asked the State Board of Elections to see perhaps the electoral process has maybe been unfair, and the State Board of Elections took a look at the last fifty years of University of Illinois elections in Illinois, and here's what that shows: Forty-five times Democrats won, thirty-nine times Republicans won. Now that's not bad for a fifty-year record that shows that on the whole everything is pretty even. But once again, and 1992 rolled around and We were fortunate to Win a11 three University of Illinois trustee spots. But there Were many times that the Republican Party in thls State won all threer but we didn't jump up and say, ''Let's reform; let's make it appointedy'' because we lost a1l three. To the spoils go to the victor. And what has happened here -- to the victor go to the 99 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leglslative Day April l6r 1993 spoils, and and I just again think that to be reorganizing higher education in this State out of the second floor of this building, I would think that they would have a 1ot of other important things to worry aboutr like putting people back to Workr health carer crime,.drugs, and they are obsessed wlth reorganizing higher education in this State. This is a bad bill. I'm very glad it was separated, at least, from the first reorganization proposal. I would even think the sponsor knew that he had to separate itr and that's why this is standing on its own, and I would encourage a strong No vote. Let the electoral process work in Illinois.
Senator Palmer.
Thank you, Mr. President and Members of the Senate. I am strongly opposed to this bill. I look at my analysis and I see under Number 4 the Governor's task force opposition maintains that these are unknown names on the ballot, and their election is held solely for the benefit of party leaders. I draw your attention to the fact that this last time, for the first time history, a Latina women 1ed tbe ticket. If this is an unknown name, think we need to rethink What elections mean in communities like the one from which she came, whlch is extraordinarily proud of her accomplishnents - not as a Democrat, but as a Latina woman who has accomplished a tremendous position. In my community in Chicago, this is one of the main vehicles by which we have to partlcipate the governance of the flagship universlty of the State of Illinois. I don't want to give that up, and don 't think you should ask my community and others across the State of Illinois to do so. When did we get to the point where we think that tt is better to appoint than to elect, particularly in an area this important? urge you to vote No on this bill. l00 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislatlve Day April l6, 1993
Senator Demuzio .
Thank you very much, Mr. Prestdent, Ladies and Gentlemen of the Senate. Senator DeAngelis, I was. with you on the last reorganization bill. I have to leave you on this one. You know, I an quite frankly surprised that you are attempting to take these trustees out of the elected process and put them into the appointment process whereby every lobbyist and special interest will be down buttonholing the Governor to get his or her appointment to the board of trustees. think the board of trustees of the University of Illinois - the flagship - it's too important that we leave this to the elected -- to the appointed process. think the elected process they remain accountable and accessible, and certalnly this is not part of the reorganization of higher education. I don't want special interests and lobbyists downstairs lobbying the Governor for their particular appointees to ehis board. think it ought to be -- remain in ehe elected process, and besides that: Senator, we wouldn't know how to reapportion.
Further discussion? Further -- Senator Fitzgerald.
Very quickly, I just want to make the point: How many of you can name the U of Board of Trustees? I think that what -- what it is it's really a referendum on the parties. And when we were doing redistricting We used those U of I numbers to show how base Republican or base Democratic votes were in a district, and I would just say it's really not an election; it's just a referendum on the parties, and I urge to support for the bill.
Senator Barkhausen. l0l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll 16, 1993
Mr. President and Members, I generally believe in the maximum - - maxlm that good government is good politics and vice versa. - - I'm afraid in thls situation we have to admit that the -- that the opposite is true/ and that the .passage of thls bill, as much as I support 1t, is going to -- going to reek great hardship on all of us who have depended for years on the election of the University of Illinois Trustees to in order to find a bellwether to determine just how Republican or Democratic our district or the State or some region of the State is. The -- the question has arisen over here informal conversation how we could ever possibly go through another reapportionment process without having had the benefit of electing University of Illinois Trustees. That having been saidr I think this is at least one occasion - and there ought to be lots of others where the importance of good government outweighs the dictates of What we mlght think is good politics, and I urge the passage of the b111.
Senator DeAngelis, to close. SENATOR DeANGELIS: Thank you, Mr. President. This btll is desivned to take politics out of the university systems. And and need no stronger evidence -- no stronger evidence than havlng the two main opponents being the current Democratic party chairman and the previous party chairman. And that in itself is evidence about how they want to maintain this political process of appointment. Now, Illinois right now is only one of five states in the country that continues to use an elected board of trustees. And I have to tell you that I have tWo letters here fron Democrats, both more recent trustees from the U of I Nina Shepherd and Mr. G . W. Howard III - who strongly recommend -- strongly recommend an appointed system. In fact, Mr. Howard even goes on to say that he has seen 102 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 the process be more political and more polarization on the activities of tbe board. urge your favorable vote on Senate Bill 1082.
The question isy shall Senate Bill 1082 pass. Those in favor, vote Aye. Those opposed, Nay. The voting 's open. Have you al1 voted who wish? Have you all voted who wish? Have you al1 voted who wish? Have you all voted who wish? Take the record . On the question, there are 29 Ayes, 25 Nays, no voting Present. Senate Bill 1082, have not received the required constitutional majority, is declared failed. Did Senator DeAngelis want to put on Postponed Consideration? You got 24 votes. Postponed Consideration. Senate Bill 1083. Senator O 'Ma11ey. Read the bill, Madam Secretary.
Senate Bill 1083. (Secretary reads title of bill) 3rd Reading of the bill.
Senator O 'Malley.
Mr. President and Members of the Senate, Senate Bill 1083 amends the Fire Protection District Act by provlding that a board of trustees shall not be required to conduct a promotional examination untll a vacancy exists, or is anticipated by the board will exist. This bill clarifies the intent of the current 1aw by specifically stating that no fire protection district board is required to conduct a prcmotional exam until the board knows that a vacancy for promotion exists or will exist. This will result in cost savings, and is -- is consistent with de-mandating .
Further discussion? Further discussion? Senator O 'Malley, to l03 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 close.
Favorable roll call, please.
The question is: shall Senate Bill 1083 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have you a11 voted who wish? Have you a1l voted Who wish? Take the record. On the question, there are 55 Ayes, no Nays, no votlng Present. Senate Bill 1083, having received the required constitutional majority, is declared passed. Senator Weaver, do you wish to go -- this bill returned 2nd Reading for the purpose of amendment? Senator Weaver seeks the leave of the Body to return Senate Bill 1085 to 2nd Reading. Hearing no objections, leave is granted. 2nd Reading. Senate Bill 1085. Senator Weaver. Excuse me. Mr. Isic> Secretary, read the amendment.
Amendment No. 1, offered by Senator Stern.
Senator Stern.
Mr. President and Members of the Senate: this is a very simple amendment, which simply gives the voting public sixty days rather than thirty to gather siqnatures on a petitlon to request a referendum on the question of levying a property tax to retire bonds. And also halves H-A-L-V-E-S - the number -- the percentage of voters needed to slgn that petition from ten percent to five percent. It's a people-oriented, small-d-democratic, good-government amendment. I ask your Aye vote.
Any discussion? Any discussion? Senator Hawkinson.
Question of the sponsor? 104 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993
She indicates shelll yield. Senator Hawkinson.
Why not the even-better methodr which ls the front-door referendum?
Senator Stern.
The bill was not mine, Senator Hawkinson. did What I felt Was approprlate.
Further discussion? ...tmicrophone cutoffl...regard the adoption of Senate Amendment No . to Senate Bill 1085. A11 those in favory signify by saying Aye. Those opposed, Nay. Ayes have it. The amendment is adopted. 3rd Reading. Oh, any further amendments?
No further amendments.
3rd Reading. Senate Bill 1087. Senator DeAngelis. Read the bill, Madam Secretary. You say take it out of the record? Take it out of the record. Senate Bill 1096. Senator del Valle. Read the bill, Madam Secretary.
Senate Bill 1096. (Secretary reads tltle of bi11) 3rd Reading of the bill.
Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bill requires private business and vocational schools to disclose their student loan default 105 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 rate, and also designates the Illinois Student Assistance Commission as the State agency responsible for the private business and vocational school overslght under the federal law. I ask for a favorable vote.
Senator Dudycz.
Question of the sponsor, Mr. President.
Sponsor answers he -- he will yield. Senator Dudycz.
Senator de1 Valle, ls lt your intent to have this bill pass out of this Chamber and -- and go to the House and be amended and returned to us?
Senator de1 Valle. SENATOR dEL VALLE: Yes. I've indicated that if the Illinois Student Assistance Commission is in need of an amendment, that it can be done in the House. I'm not sure that there is a need for an amendnent.
Senator Dudycz.
Do you know of any language that will include barber and cosmetology schools in this blll?
Senator de1 Valle. SENATOR dEL VALLE: Well, I -- I think that -- that the current language that designates the departments that the Student Assistance Commission will work With covers that, because it -- it includes the Department of Professional Regulation, which is the Department l06 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 that oversees barber and cosmetoloqy schools. But if there's a need for the clarification, we will do that.
Senator Dudycz.
So, in other words, just clarifying language: not new language dealing with cosmetology and the barbers. Is that correct?
Senator del Valle, to close. SENATOR dEL VALLE: ask for a favorable vote.
A1l right. On the questlon, shall Senate Bill 1096 pass, those in favor, signify by votlng Aye. Those opposed, Nay. The voting is open. Have you a1l voted who wish? Have you a1l voted who wish? Take the record. On Senate Bill -- on the questionz there are 55 Ayes: l Nay: l Ksic> voting Present. Senate Bill 1096, having recelved the required constitutional majority, is declared passed. Senate Bill 1105. Senator DeAngelis. Read the bill, Madam Secretary.
Senate Bill 1105. (Secretary reads title of bill) 3rd Reading of the bill.
Senator Dehngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 1105, as amended: deals with the increases and fees for liquor licenses. It also creates four new categories of licenses. This comes from the Liquor Control Commission. I think most parties that are in the industry are in support of this, or in agreement or -- they're not l07 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leçislative Day April l6, 1993 opposition to it. So I'd urge the passage of Senate Bill 1105.
Further discussion? Further discussion? If not, the question is, shall Senate Bill 1105 pass. Those in favor, vote Aye. Those opposed, Nay. The voting is open. Have you all voted who wish? Have you a1l voted who wish? Take the record . On the question, there are 47 Ayes, 8 Nays, no voting Present. Senate Bill 1105, having received the required constitutional majority, is declared passed. Resolutions.
Senate Joint Resolution offered by Senator Weaver. (Secretary reads SJR No.
Senator Weaver.
Thank you, Mr. President. I'd ask -- ask leave to suspend the rules for the immediate consideration of Senate Joint Resolution
Senator...tinaudiblel...that we suspend the rules for the -- the purpose of the immediate consideration of Senate Joint Resolution 47. Is there leave? Leave is granted . Senator Weaver moves the adoption of Senate Joint Resolution 47. All those favor, signify by saying Aye. Those opposed, Nay. The resolution is adopted.
Senate Resolution 269, offered by Senator Lapaille. It's congratulatory, Mr. President.
Consent Calendar. Senator Karpiel, for what purpose do you rise? Senator Karpiel.
l08 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 Thank you, Mr. President. Just to announce that there will be an Executive meeting in Room 2l2 immedlately upon adjournment.
Yeah. I -- I migbt make this comment: that the intentlon of the Chair would be to have a half hour for committee meetings; come back here as soon as the committees are done I'm assuming about 1 o'clock - and do 2nd Readings and then go to Motions to Discharge. A11 right. Introduction of bills.
Senate Bill 1107 offered by Senators Cronin and Dudycz. (Secretary reads title of bill) lst Reading of the bill.
Senate will recess untll 1 o 'clock. (SENATE STAND IN RECESS) (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR WEAVER) Message from the House.
A Message from the House by Mr. Rossi, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has passed bllls of the following titles, in the passage of Which am instructed to ask the concurrence of the Senate, to Wit: House Bills 666, 702, 839, 1120, 1552, 1809, 2028, 2074, 2223 and 2417. Passed the House, April l6, 1993. l09 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 35th Legislativg Day April l6, 1993 We have a like Message on House Bills 115, 304, 488, 587, 673, 1198, 1320, 1360, 1587 and 1746. A11 passed the Houser April 16r 1993. Erom Anthony D. Rossi, Clerk of the House.
PRESIDING OFFICER: (SENATOR WEAVER) Committee Reports.
Senator Madigan, Chair of the Committee on Insurance, Pensions and Licensed Activities, reports Amendment No. to Senate Bill 252 Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Resolutions.
Senate Resolution 270, offered by Senator Butler. Itls congratulatory, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Consent Calendar. We will now proceed to the order of Resolution Consent Calendar. I would ask leave to add 269 and 270. Is there leave? Leave is granted. Mr. Secretary r havg there been any objections filed to any resolutiohs on the Consent Calendar?
No objections have been filed, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. Al1 those in favor, say Aye. Opposed, Nay. The motion carries, and the resolutions are adopted . Senate Bills on 2nd Reading. Senator Barkhausen on the Floor? Senator DeAngelis, on Senate Bill 5? Senate Bi11 Senator Cullerton asks leave for Senator Geo-Karis to handle Senate Bill Do you Wish to call the bill, Senator Geo-Karis? Read the bill, Mr. Secretary. ll0 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 SECRETARY HARRY: Senate Bill l7. (secretary reads title of bill) 2nd Readlng of the bill. No committee or Floor amendngnts, Mr. . president. PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maitland: on -- take it out of the record. Senator Farley, we ready on Senate Bill 47? I'd ask leave for Senator Farley to handle the amendment. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 47. (Sêcretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and Elections adopted one amendment. PRESIDING OFFICER: (SENATOR WEAVER) Senator Farley. Any further amgndnents? Excuse me. SECRETARY HARRY: The Committee on Local Government has reported Amendment No. offered by Senator Weaver, Be Adopted. PRESIDING OFFICER: (SENATOR WEAVER) Is there leave to have Senator Farley handle this amendment? Leave is granted. Senator Farley. SENATOR FARLEY: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Amendment No. 2 further adds that State universities may enter into contracts for utilities, equipment and fuel for terms not longer than ten years. The Universlty of Illinois Board of Trustees may enter into contracts for periods not to exceed ten years for the delivery of coal, fuel oil and natural gasy to be paid from appropriations for the year in Which the fuels are to be delivered. Al1 of the contracts are subject to termination and l1l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 cancellation in that year the General Assembly fails to make an appropriation to make payments under the terms of the contract. Adds an effective immediate date, and, Mr. President, I Would move for the adoption of Senate Amendment No. -- or No . 2 to Senate Bill 47.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, al1 in favor, slgnify by saying Aye. Opposed, Nay. The amendnent's adopted. Any further amendments?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Geo-Karis, on 207? Read the bill, Mr. Secrêtary.
Senate Bill 207. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Mccracken, on 209? Read the bill, Mr. Secretary.
Senate Bill 209. (Secretary reads title of bill) 2nd Reading of the blll. The Committee on Public Health and Welfare adopted Amendments No. and
PRESIDING OFFICER: (SENATOR WEAVER) Are there further amendments approved for consideration?
No further amendments reportedy Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 3rd Reading. 227. Senator Maltland. 227. Out of the record. For what purpose does Senator Demuzio arise?
I'd just like to pose a parliamentary question if I might. When -- as we go through the Calendar here and -- and as these amendments have been recommended Be Adopted in commlttee: is there any way in which we could get a short explanation as to what those amendments were that were adopted at some point?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.
have asked to move it to 3rd Reading today and plan to return it after the amendments have been considered in the committee. That's all.
PRESIDING OEPICER: (SENATOR WEAVER) think he Was speaking in general, is that right? Those amendments that -- are you speaking about the Eloor amendments adopted in committee?
That -- that is correct, because chanqes the bill, obvlously - in some instances, substantlally. I'm not talkln: about Senator Mccracken's bill. I'm just asking a global question here. How do we know what those amendments -- how do the Members know what those amendments are that didn 't serve on that committee and...
PRESIDING OFFICER: (SENATOR WEAVER) Wellr Senator Demuzio, we ask -- we ask if Ehere's any discussion or explanation. We've just explained one amendment that came through committee . asked Senator Farley. So we try to explain the amendments that have come from -- Floor amendments that have come from committee. Senator Jones.
. 113 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6# 1993 Well, Mr. President, What he's attempting ko do - and I -- concur, 'cause the issue was raised before: Why don't we do thls then, to save thak -- us from going through khis a11 the time, lek's have the sponsor of the anendment to briefly describe What the amendment does, you know, rather than just go ahead and adopt. Then Ehis way this question will not continue to come up a1l the time.
PRESIDING OFFICER: (SENATOR WEAVER) Wellr Senator Jones, thought thatfs what we were doing. Committees Ksic> adopted ln committee are explained if there's any any questlon about them . On Floor amendments we ask: Is there any discussion? When there is no discussion we proceed ahead. Senator Jones.
Well -- well, What We are saying, see, most Members, even though it's a Eloor amendmgnt, and al1 the Members in this Body are not on their respective committees that the amendments are being heard in, so why don 't we have a policy that the Floor amendment sponsorr if it is adopted, will go ahead and explain -- tell what the amendment does, and if therefs any questions or discussions, then they will discuss it.
PRESIDING OFFICER: (SZNATOR WEAVER) We have been doin: that, Senator. On the Order of 2nd Readlng. Senator Barkhausen, on 447? You wish to have it read? Senator Cronin, on 452? Out of the record. Senator Berman. Out of the record. Senator Butlerr on 4987 Out of the record. 499, Senator Butler? Out of the record. Senator Eitzgerald, on 3417 Read the bill, Mr. Secretary.
o. . tmicrophone cutoffl...Bill 341. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. l14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16: 1993 President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Donahue, on 524? Senator Donahue: on 5247 Out of the record . Senator Sieben, on 5942 Senator Maitlandr on 6097 Read the bill, Mr. Secretary.
Senate Bill 609. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Any amendments from the Floor certified for consideration?
Amendment No. 1, offered by Senator Palmer.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer. Is Senator Palmer on the Floor? Senator Maitland.
Thank you, Mr. President. This is -- is a friendly amendment. I would be Would ask leave of the Body to be allowed to explain the amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Is there leave? Leave is granted. Senator Maitland, to explain the amendment.
Thank you, Mr. -- Mr. President. Floor Amendment No. in my view, does make the bill better. It clarifies that a forelgn professional service corporation must comply With the proper regulatory authority. I have no objection to this, and would therefore move for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Any -- any discussion? not, all in favorr signify by saying Aye. Opposed, Nay. The amendment is adopted. 3rd 115 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day Aprll 1993 Reading. Senator Cronin, on 615? Do you wish to move the bill? Hold it. Out of the record. Senator Woodyard? Read the bill, 616, Mr. -- Mr. Secretary.
Senate Bill 616. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Are there any amendments approved for consideration?
Committee on Environment and Energy reports Amendment No . offered by Senator Woodyardr Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard, to explain the amendment.
Thank you: Mr. President and Members of the Senate. The bill itself deals with low-level radioactlve siting process. The amendment -- Amendment No . 3 does basically four things: requires a task force in the bill to hold public hearings; expands areas of criteria for the task force to consider; it expands the task force by two members - one an environmentalist, and another a -- a member of a local unit of government; and it changes from thirty days to ninety days the time for objections.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? not, a1l in favor of Amendment No. signify by saying Aye. Opposedr Nay. The amendment's adopted . Are there further amendments?
The Committee on Environment and Energy reports Amendment No. 4, offered by Senator Welch, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Welch. Senator Woodyard. ll6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993
Mr. President, I think Senator Carroll wants to present that amendment. It is a friendly amendment, and we certainly accept
PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll, to explain the amendment.
Thank you, Mr. President, Ladies and Geqtlemen of the Senate. With leave of the Body, on behalf of Senator Welch, it makes it a violation of the Low-Level Radioactive Waste Management Act to locate low-level radioactive waste sites above a 'mine shaft or Within two miles of an active geological site. And I believe this is agreed with Senator Woodyard, and that I would move its adoption.
PRESIDING OFFICCR: (SENATOR WEAVER) Is there any discussion? If not, a11 in favor, signify by saying Aye. Opposedr Nay. The amendment's adopted. Any further anendments?
No further amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Karpiel, on 625? Out of the record. 626. Read the bill, Mr. Secretary. 626.
Senate Bill 626. (Secretary reads title of bill) 2nd Reading of 'the btll. No commlttee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Are there amendments approved for consideration?
The Committee on Envircnment and Energy reports Floor Amendment No . offered by Senator Ralph Dunn, Be Adopted. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Ralph Dunnr to explain Amendment No. 4. On Senate Bill 626, Senator Dunn. You have a Floor anendment? Senator Karpiel, to explain the amendment.
Thank you, Mr. President. Senate Amendmen: 4 to Senate Bill 626 replaces the language of Senate Bill 626 and it becomes the bill. The amended bill would authorize the EPA to set up a voluntary program for laboratory certification of drinking water, waste water and hazardous waste, and fees Would be paid by the labs to the EPA in order to receive certification. Under the Federal Safe Drinking Water Act, public water supplies must be analyzed by certified laboratorles. There are five such laboratories in the State of Illinois. This would start a new voluntary certification program whereby the EPA, for a fee, Would certify environmental labs to conduct analyses of drinking Water, and Department of Public Health and other State agencies are excluded from the program.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, a11 in favor of the amendment, slgnify by saying Aye. Opposed, Nay. Amendment No. 4 is adopted. Are there further amendments?
No further amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Ralph Dunn, on 632. Read the bill.
Senate Bill 632. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Industry adopted one amendment.
PRESIDING OFFICER: (SENATOR WEAVER) 118 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Have there been any Floor amendments approved for consideration?
The Committee on Commerce and Industry has reported Eloor Amendment No . offered by Senator Palmer, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Ralph Dunn, to explain the amendment.
Thank you. This is technical amendment put on in committeer and I move its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discusslon? If not, a11 in favor of the amendment, signify by saying Aye. Opposedr Nay . The amendment's adopted. Any further amendments?
The Commlttee on Commerce and Industry has recommended Floor Amendment No. offered by Senator Sieben, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Ralph Dunn, to explaln the amendment.
Thank you. This is an amendment to put on -- to authorize the Abandoned Mined Lands Reclamation Council: which is a hundred percent federally funded, to spend money for reclamation on non-coal mined areas, itdll eliminate public health hazards. I move its adoption .
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, all in favor, signify by saying Aye. Opposed, Nay. The amendment's adopted . Are there further amendments?
No further amendmentsy Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) ll9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 3rd Reading. Senate Bill 642. Mr. Secretary, read the bill.
Senate Bill 642. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government and. Electlons adopted one amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
The Rules Committee has approved for consideration Amendment No. 2, offered by Senator Dudycz.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz, to explain the amendment.
Mr. President, lt's my understanding that the amendment is strictly technical in nature.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not -- excuse me. Senator Jones.
Yeah. Thank you, Mr. President. Could the sponsor tell me what is the technical nature of the amendment that you just -- or recommended for adoption?
PRESIDING OFFICER: (SENATOR WEAVER) Senator budycz.
This was a request of the Senate Enrolling and Engrossing. They wish to add an amendment to make it correct, technically.
PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? A11 in favor of the amendment, signify by saying Aye. Opposed, Nay. The amendment's adopted. Are there further amendments? l20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Reading. Senator Maitland, on 671. Read the bill, Mr. Secretary.
Senate Bill 671. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. Presldent.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Readinq. Senator Fawell. Senator Maltlandr on 677? Read the bill, Mr. Secretary.
Senate Bill 677. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Public Hea1th and Welfare adopted one amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
The Committee on Public Hea1th and Welfare reports Floor Amendment No. offered by Senator Carroll, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll, to explain the amendment.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 3 would be the requirement that any nursing home that has been assessin: the six-dollar-thlrty-cent assessment tax to their private pay patients could not add to that any administrative charges, and I would move its adoption. 121 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If notr all in favor of Amendment No. signify by saying Aye. And opposed, Nay. Amendment No. 3 is adopted. Are there further amendments?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Reading . Senator Dudycz, on 714? Read the bill, Mr. Secretary.
Senate Bill 714. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Have tbere been any Floor amendments approved for consideration?
The Committee on Local Government has reported Amendment No. 3, offered by Senator Dudycz, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dudycz, to explain the amendment.
Thank you, Mr. President. The amendment changes language which would allow the Police Training Board to appoint investigators, rather than inspectors, to be authorized to obtain background information on the arrest and conviction records of applicants for police departments, and it also removes the language ''conservators of the peaced'. This this anendment renoves opposition from the Illinois Chiefs of Police and the State Police.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, a1l in favor, signify by saying 122 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6r 1993 Aye. Opposed, Nay. The Ayes have it. Amendment No. 3 is adopted . Are there further amendments?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 739. Senator Dudycz. Read the bill, Mr. Secretary.
Senate Bill 739. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted one amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd -- 3rd Reading. Senator Butlerr on Senate Bill Mr. Secretary, read the bill.
Senate Bill 743. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Industry adopted one amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
The Committee has reported Floor Amendment No . 2, offered by Senator Butler, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) l23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6r 1993 Senator Butler, to explain Amendment No.
Thank you, Mr. President. Floor Amendment No. 2 corrects tWo problems that might have existed in the Act. One, removes the State units of local government and school districts from -- from the Act; there was some concern about that. Secondly, removes the ability of counties with a population under three hundred thousand to hire special assistants to enforce the Act. There was some concern that this -- this might prove to be a bigger problem. So we have removed from the bill. I know of no opposition.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notr a11 in favor of Senate -- Floor Amendment No. 2 to House Ksic> Bill 743, signify by sayin: Aye. Opposed, Nay. The amendment's adopted. Are there further anendments?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Karpiel, on -- Senator Karpiel? Read the bill, Mr. Secretary. 74 -- 64.
Senate Bill 764. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Environment and Energy adopted Amendments No. and
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
The Rules Committee has approved for consideration Floor Amendment offered by Senator Karplel.
PRESIDING OFFICER: (SENATOR WEAVER) l24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Leçislative Day April l6, 1993 Senator Farplel, on Floor Amendment No. 3.
That -- that's simply a technical amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discusslon? All in favor, signify by saying Aye. Opposed, Nay. Amendment No. 3 is adopted. 3rd Reading. Senator DeLeo. Senator Mccracken, on 770? Read the bill, Mr. Secretary.
Senate Bill (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Envlronment and Enerçy adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any amendments -- Floor amendments approved for conslderation?
The Rules Committee has approved for consideration Floor Amendment No . 3, offered by Senator Mccracken.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken, on Floor Amendment No. 3.
Thank you, Mr. President. move the adoption of Floor Amendment No. 3. It's a technical amendment suggested by staff.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? A1l in favor, signify by saying Aye. Opposed, Nay. The motion carried. Floor Amendment No. to Senate Bill 770 has been adopted. 3rd -- any further amendments?
No further amendments.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Philip, on 773. Read the bill, Mr. Secretary. 125 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16r 1993
Senate Bill 773. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OEFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Petkar on 779? Out of the record. Senator Barkhausen. Senate Bill 840. Out of the record. Senator O'Malley, on 870? You wlsh the bill read the bill, Mr. Secretary.
Senate Bill 870. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
No further amendments reportedr Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Barkhausen, 888? Read the bill, Mr. Secretary.
Senate Bill 888. (Secretary reads title of bill) 2nd Reading of the b111. The Committee on Financial Institutions adopted Amendment No.
PRESIDING OFFICER: (SENATOR WEAVER) l26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 1993 Have there been any Floor amendments approved for conslderation?
The Conunittee has reported Floor M endment No . 3, offered by Senator Barkhausen# Be Adopted.
PRESIDING OFFICER : (SENATOR WEAVER) Senator Barkhausen, to explain M endment No . 3.
Mr . President and Members, M endment No . 3 to Senate Bill 888 simply makes clear that the bill is to be given a prospective application only, and I would urge its adoption. '
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not , al1 in favor, signify by saying Aye . Opposed , Nay . The Ayes have it . M endment No . 3 to Senate Bill 888 is adopted . Are there further amendments?
No further amendnents reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senate Bill 900. Senator Mccracken. 900. Out of the record. Senator Barkhausenr 9357 Out of the record. Senate Bill 937. Read the bill, Mr. Secretary.
Senate Bill 937. (Secretary reads title of bill) 2nd Reading of the blll. No committee amendments.
PRESIDING OFFICER: (SENATOR WEAVER) Any amendments -- any Floor -- amendments approved?
No amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 950. Senator Mccracken. 950. Senator Mccracken? Out of the record. 1021. Senator Carroll. Read the l27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 bill, Mr. Secretary.
Senate Bill 1021. (Secretary reads title of bill) 2nd Reading of the bill. No comm.ittee amendments.
PRESIDING OEFICER: (SENATOR WEAVER) Have there been any Floor amendments approved for consideration?
The Commlttee and Financial Instttutions has reported Floor Amendment No. 3, offered by Senator Carroll, Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll, to explain Amendment No. 3.
Why, thank you: Mr. President. Amendment No. 3 is really at the request of the Illinols Housing Development Authority. It is to make the bill permissive so that they are permitted to go to the Federal Home Loan Bank Board to obtain loans for their purposes, rather than making it mandatoryr and would move its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, a11 in favor of Senate Anendment No. to Senate Bill 1021, signify by saying Aye. Opposed : Nay. The Ayes have Senate Amendment No . is adopted . Are there further amendments?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Jones: on 1024. Senator Mccrackenr cn 1067 -- 69. Read -- read the bill. 1069, Mr. Secretary.
Senate Bill 1069. l28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted one amendment.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any . Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. 1078. Sehator Lapaille. Read the bill, Mr. Secretary.
Senate Bill 1078. (Secretary reads tltle of bill) 2nd Reading of the bill. One amendment adopted in committee.
PRESIDING OFFICER: (SENATOR WEAVER) Have there been any Eloor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. ...tmicrophone cutoffl...have completed the 2nd Reading. We will go to the Order of Motions in Writing. Senator Smith on the Floor? Senator Smith, you wish your motion heard? Senator Smith. Take it out of the record. Senator Stern. Senator Lapaille. Senator Stern, do you wish your motion called on Senate Bill 153? Senator Stern on the Floor? Senator Lapaille, on 298, you wish your motion called for discharge? Senator Smith, on 303? 304? Senator Smith. 307, Senator Smith? Senator Demuzio, on 361? Senator Demuzio.
Mr. -- Mr. President, will we have the opportunity to go to 129 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16# 1993 these discharge motions also, perhaps Monday?
PRESIDING OFFICER: (SENATOR WEAVER) We candt guarantee that.
What about Tuesday?
PRESIDING OFFICER: (SENATOR WEAVER) It's not possible to go to this order of business every day. So I can't guarantee you that We '11 ever get back to them. If you wish to call them, now 's the time to call them.
Can I have leave to come back to mine?
PRESIDING OFFICER: (SENATOR WEAVER) Today?
Pardon?
PRESIDING OFFICER: (SENATOR WEAVER) Today?
Just leave...
PRESIDING OFFICER: (SZNATOR WEAVER) Do you want leave to come back to it today?
Leave to come back to 1t.
PRESIDING OFFICER: (SENATOR WEAVER) Possibly.
Today?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Smithr on 3687 Senator Rea, on 624? Senator Smith, on 6917 6932 Senator Lapaille, on 6997 Do you wish to call your motion? 703, Senator Lapaille? Senator Stern, on 785? Senator Palmer, on 8867 SenaEor Welch: on 961? Senator Carrolle on 971? l30 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April l6, 1993 972? Senator Trotterr on 978? Senator Welch, on 981? Senator Lapàille, on 1012? Senator Smith, on 10287 Senator Welchr on 10917 Senator Lapaille, on 1101? Committee Reports.
Senator Karpielr.the Chair of the Committee on Executive, reports Amendment No. to Senate Bill 1 Be Adopted; and Amendment No . 1 to Senate Bill 960 Be Adopted.
PRESIDING OFFICER: (SENATOR WEAVER) For What purpose does Senator Donahue arise?
Thank you, Mr. President. I Would like to let our side of the aisle know that We are requesting a Republican Caucus immediately following adjournment. It'1l be very shortr but We'd like to have a meeting. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) House Bills lst Reading.
House Bill offered by Senators Severns and Woodyard. (Secretary reads title of bill) House Bill 275, by Senators Woodyard and Severns. (Secretary reads title of b1l1) House Bill 98y by Senator Berman. (Secretary reads title of bill) House Bill 399, by Senator Barkhausen. (Secretary reads title of bill) Senator Burzynski offers House Bill 473. (Secretary reads title of bill) House Bill 553, Senator Smith. (Secretary reads title of bill) Senator Trotter offers House Bill 639. (Secretary reads title of bill) House Bill 677 is offered by Senators Welch, Hawkinson and 13l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 35th Legislative Day April 16, 1993 Jacobs. (Secretary reads title of bill) Senator Barkhausen offers House Bill 732. (Secretary reads title of bill) House Bill 904, offered by Senators Woodyard and Madigan. (Secretary reads title of bi11) House Bill 991, Senator Trotter. (Secretary reads title of bi11) Senator Donahue offers House Bill 1406. (Secretary reads title of bill) House Bill 1498, by Senators Berman, Carroll and Smith. (Secretary reads title of bill) Senator Trotter offers House Bill 1609. (Secretary reads title of bi11) Senator Klemm offers House 3il1 1719. (Secretary reads title of bill) Senator Trotter offers House Bill 2170. (Secretary reads title of bill) And House Bill 2333, offered by Senator Smith. (Secretary reads title of bill) lst Reading of the bills, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any further business to come before the Senate? If not, the Senate -- Senator Philip moves the Senate stand in adjournment until 10 a.m., April the 19th. Monday, April the 19th, 10 a.m. Senate stands adjourned. 132 REPORT: TIFLDAY STATE OF ILLIMOIS 9:/11/16 PAGE: 001 88TH GEVERAL ASSEMBLY 11:58:01 SENATE DàILY TRANSCRIPTION OF DEBATE INDEX APRIL HB-0003 FIRST REZDIKG HB-0078 FIRST READIMG HB-0079 FIRST REâDING HB-0098 FIHST READING HB-0113 FIRST REZDING HB-013k FIRST READING H8-0275 FIRST READING HB-0380 FIRST READING H8-0399 FIRST READING HB-0k5q FIRST READING HB-0k73 FIRST READING HB-0510 FIRST READING H8-0553 FIRST REZDEMG H8-0639 FIRST READIMG HB-0650 FIRST REZDIKG H8-0677 FIRST READIMG H8-0732 FIRST HEADING HB-0771 FIRST READIMG H8-0772 FiRST REZDING HB-0775 FIRST READING HB-090k FIRST READING HB-0991 FIRST READING HB-11M5 FIRST READIhIG HB-11k6 FIRST READING H8-1352 FIRST READIMG HB-135k FIRST READIMG HB-1R06 FIRST RCADIhIG HB-1R97 FIRST REZDING HB-1R98 FIRST REZDING H8-1595 FIRST READING HB-1609 FIRST HERDING HB-1719 FIRST READIMG HB-20M3 FIRST READIMG HB-20R6 FIRST READIMG HB-2170 FIRST READING H8-2333 FIRST READIMG SB-00J7 SECOND REZDIMG SB-00M7 SECOMD READING SB-0207 SECOND READIMG SB-02O9 SECOMD READING 58-0252 OTHER SB-0341 SECOMD READING SB-0609 SECOND REZDING SB-0616 SECOMD REZDING 58-0626 SECOMD READIMG 58-0632 SECOMD READING SB-06M2 SECOMD REZDIMG SB-0671 SECOND READIMG 58-0677 SECOND REZDIMG SB-0714 SECOMD READIMG 58-0739 SECOND READIMG 58-0743 SECOMD READIMG SB-076k SECOMD READIMG SB-0770 SECOMD READIMG 58-0773 SECOMD REZDIMG SB-0870 SECCND READIMG 58-0888 SECOND READIMG SB-090R THIRD READING SB-0905 THIRD READING SB-0906 THIRD READING SB-0907 THIRD READING SB-0908 RECALLED SB-0910 THIRD READIMG SB-0911 THIRD READING REPORT: TIFLDAY STATE OF ILLiNOIS 9k/11/16 PAGE: O02 88TH GENERZL ZSSEHBLY 11:58:01 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 16, 1993 SB-091k THIRD REZDING 58-0926 THIRD READIMG 58-0937 SECOMD READIMG SB-09R1 THIRD READIMG SB-0951 THIRD REZDIIIG 58-0952 THIRD READING SB-095M THIRD READING 58-0955 THIRD READING 58-0956 THIRD READING SB-096R THIRD READING 58-0966 THERD REZDING 58-0973 THIRD READING 58-0987 THERD REZDIMG 58-0993 THIRD REZDIMG SB-1021 SECOMD READIMG SB-1031 THIRD REZDING SB-1032 THIRD REZDING SB-1033 THIRD READING SB-10R2 THIRD REâDING SB-10R3 THIRD READING SB-106M THIRD READING SB-1068 THIRD REâDING SB-1069 SECOMD READIMG SB-1076 THIRD REZDING SB-1077 THIRD HEZDING SB-1078 SECOMD READING 38-1082 THIRD REZDIFIG 38-1083 THIRD REZDIMG SB-1085 RECALLED SB-1O96 THIRD READING 38-1705 THIRD REZDIMG SB-1107 FIRST READIMG SR-0269 RESOLUTION OFFERED SR-02T0 RESOLUTION OFFERED SJR-0026 RESOLUTION OFFERED SJR-00q7 ADOPTED 3JR-0047 RESOLUTION OFFERED SUBJECT HàTTER SENATE TO ORDER-PRESIDENT PHILIP PAGE 1 PRâYER-REVEREND SERELL PAGE 1 JOURNALS-POSTPOMED PAGE 1 HESSZGES FROH THE HOUSE PAGE 1 RECESS PAGE 62 SENATE RECONVENES PAGE 63 COMMITTEE REPORTS PAGE 64 RECESS PAGE 109 SEVZTE RECONVEMES PZGE 109 HESSAGES FROH THE HOUSE PAGE )09 COHHITTEE REPORTS PZGE 110 RESOLUTIONS COMSEMT CALENDAR-ADOPTED PAGE 1)0 COMMITTEE REPCRTS PAGE 131 ADJOURMHENT PAGE 132