The hour of eleven having arrived, the Senate will please come to order. If the Members Will please rise, and our friends ln the gallery please rise, for the prayer. Today the prayer wl11 be given by Senator Adeline J. Geo-Karis of Zion, Illinois. Senator Geo-Karis. SENATOR GEO-KARIS; (Prayer given by Senator Geo-Karis)
Reading of the Journal. Senator Butler.
Mr. President, I move that reading and approval of the Journal of Mondayr July 12th, in the year 1993, be postponed: pending arrival of the printed Journal.
Senator Butler moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. There belng no objection, so ordered. Resolutlons.
Senate Joint Resolution 82, offered by Senator Philip. It's substantive, Mr. President.
Committee Report.
Senator DeAngelis, Chair of the Committee on Revenuey reports that House Amendment 5 to Senate Bill 100 Be Approved for Consideration. Senator Hawkinson, Chalr of the Committee on Judiciary, reports that the First Conference Committee Report to Senate Bill 273 Be Approved for Consideration, and First Conference Committee Report to Senate B11l 483 Be Approved for Consideration. Senakor Watson, Chair of the Committee on Education, reports STATE OF ILLINOIS 88TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 that the First Conference Committee Report to House B111 508 Be Approved for Consideration. 1 And Senator Madigan, Chair of the Committee on Insurance, Pensions and Licensed Activitiesy reports motion to non-concur in i House Amendment 2 and concur ln House Amendment 3 to Senate Bill 420 Be Approved for Consideration, and the First Conference Commivtpp Re#oft to SOUSP Sill 1974 Be Approved for Consideration. ;
MPSSaFCS fFOR thO HOUSO. !
A Message from *he House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that l the House of Representatives has accepted the Gcvernor's specific recommendations for change, which are attached, to a bill of the following title, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 641. I am further lnstructed to dellver to you the objections of the Governor, which are contained ln the attached copy of his letter to the House of Representatives. I Adopted by the House, July 12, 1993, by a three-flfths vote.
We've had a request from WAND-TV to tape our proceedings here. Is leave granted? Leave is granted. Senator Hall, for What purpose do you rise? Well, your llght's on anyway, Kenny. 1:
1'11 turn it off.
It's what we call a false alarm. ..ptmicrophone cutoffl.l.had 1 another request from WclA-channel 3 Champaign, Illinois. Is leave granked to tape the proceedings today? Leave is granted. Senator i i Syverson, for whak purpase do you rise? 2 STATE OF ILLINOIS 88TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 i SENATORSYVERSON: 1 Thank your Mr. President. I just want to announce that Senator Burzynski is celebratlng his thirty-eighth birthday today, and there's cake over here. And for those of you who'd like to have part of the frosting that has the name in lt, with a name like Burzynski, it goes across the entire cake; so there's enough for each person to get one letter. So Brad will be cutting the cake, and feel free to stop over and have scme.
Senator Geo-Karis, for what purpose do you rise?
On a point of personal privilege. First of allr we would like to congratulate Senator Burzynski on his birthday and wish h1m many more. And he's very conservative. The cake ls there, and the pieces will be very small. And, Mr. President, on another point of personal prlvilege, cur chief of staff, whom I've known for fifteen years, ls celebratlng his forty-first birthday todayr trying to get the business of the Senate paperwork in order, and that's none other than Carter Hendren. We Want to Wish him a very happy and healthy birthday, filled with love and prosperity and happiness.
Thank you, Senator Geo-Karis. In self-defense, Senator Burzynski.
Thank -- thank you, Mr. President. Point of personal privilege.
State your point.
Just to echo Senator Geo-Karis' birthday wishes to Carter Hendren, and to thank this legislative Body, hopefully not 3 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13: 1993 prematurely, for adjourning on my birthdayy an appropriate btrthday gift. PRESIDENT PHILIP: I Page l0, in the niddle of the pagey on Conference Committee i RepOrts, Senate Bill 290.. Senator Fawell. Senator Fawell. Mr. Secretary. I
First conference committee Report on senate Bill 290, Mr. President. I PRESIDENT PHILIP: ' r . j The Chair reeognizes Senabor Fawell.
Thank you very much, Mr. President. This bill does three things. First, we passed the bill origlnally 59 to -- 56 to nothing. It's a Department of -- of Rehabilitation Services clean-up bill. When it got over to the House, it got two amendments added to it. One lncreases from six to twelve the number of suppcrtive residential homes that can be licensed in the City of Chicago and adds language to specify that nothin: in the ' Act sball be construed to preempt municlpal zoning ordinances. I And this is supported by the Public Health Departnent, and it is I the donation from the non-for-profit corporation that provides ! care for persons with AIDS. The second part of it amends the Illinois Act on Agingtorequlre,byStatuteztheDepartmentof Aglns to increase grant amounts throuqh the Ccmmunity Care Program 1 so that the reimbursement rates paid through the program for chore housekeeping servtces and homemaker services are at the same rater which will be the higher of the tWo rates currently paid. This is agreed language, both by the City of Chicago and by th: Department of Aging. I wilt be glad to ansuer any questionsr and I solicit your Aye vote. I
I 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July l3: 1993 i I Any further discussion? Senator 5m1th.
Thank youy Mr. Presëdent and Ladles and Gentlemen of the Senate. I stand in support of this legislation. It's a great bill. It has been Worked out. And I encouraîe al1 cf our felloW legislators to support this legislation by voting for it -- Yes.
Thank you, Senator. Senator Sternr what purpose do you rise?
Will the Lady yield for a question?
She indicates she'll yield. Senator Stern.
I apologizer Senator FaWell. I was discussing lunch with someone When you begany and I missed the first part of this. These supportlve dwellings - so-called - are these CILAS, or are these only supportive dwellings for individuals with HIV?
Senator Fawell.
These are the homes for the HIV. Right noW the City has six, and -- and I would like to put in the reccrdr by the Way, that when we are talking about residential hcmesr that doesn't mean that when we are talking about twelve homes, that we are talking about twelve agencies that could have a -- a number -- a large number of homes. We are talking about twelve separate homes, period. Because there does seem to be some question about that. But these are -- these are the -- in effect, like the hospice homes for the -- the victins of AIDS.
Senator Welch, for what purpose do you rise?
! 5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 I had a question of the sponsor.
She indicates she 'll -- she 'll yield. Senator Welch.
Senator Fawell, what your bill is doing is setting up residential facilities throughout the State of Illinois for persons -- it's not -- is it only applying to Chicago? Because our analysis says it deletes the limitations that the residences can only be established in Chicago. Are you saying it still applies only to Chicago?
Senator Fawell.
The bl1l, as -- as brought back by the conference committee, only applies to the City of Chicago. I have Worked with some of the people from the City of Chicago on this bill. The original bill did, indeed, allow these homes to be placed throughout the State. This is limited to the City of Chicago. And also, at the request of the City, it's -- lt falls underneath their zoning laws.
Eurther discussion? If nct, Senator Fawell, to close.
I ask for your favorable vote.
Thank you, Senator Fawell. The question isr shall the Senate adopt Conference Committee No. l to Senate Bil1 290. A1l those in favor, signify by saying -- voting Aye. Those opposed, Nay. The voting is open. Have you a11 voted who wish? Have you a11 voted who wlsh? Take the record. There are 57 Ayes, no Nays, no voting Present. The Senate does adopt Conference Committee Report No. 1 to Senate Bill 290, having received the constitutional majority: I 6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION jENATE TRANSCRIPT 77th Legislatlve Day July 13, 1993 is declared passed. We 're next going to go to Senate Bill 869# but wefre goinq to have a Committee Report read lnto the records first.
Senator Weaver, Chair of the Committee on Rules, reports that the following Legislative Measures have been assigned to committees: To the Committee on Appropriations - Conference Comnittee Report to Senate Bill 617: to the Committee on Environment and Energy - Conference Committee Report to House Bill 18217 re-referred from the Executlve Committee to the Committee on Rules Senate Joint Resolutlon 82; and Be Approved for Consideratlon - Conference Committee Report to Senate Bill 522 and Senate Joint Resolutian 82.
Thank you. We 've also had a request from WFLD-TV, Illinois Informatlon Service and Channel 20 to tape our proceeding. Is leave granted? Leave is granted. A11 right. Senate B111 869. Senator Severns. Mr. Secretary.
First Conference Committee Report on Senate Bill 869.
Senator Severns.
Thank you: Mr. President, Members of the Senate. would like to request a Spcond Conference Committee Report. So I Would hope that We could defeat the first.
Is there any objeetions? not, so ordered. A11 right. I'm sorry. The question is, shall the Senate adopt Conference Committee Report No. 1 on Senate Bill 869. Those in favor, signify by saying Aye -- voting Aye. Those opposed, vote Nay. The voting is open. Have you al1 voted who wish? Take the STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 record. On the question: there are 3 Ayes, 32 Nays, 1 voting Present. The Second <sic> (First) Conference Committee Report is not adopted, and the Secretary -- shall inform the House. w.. tmicrophone cutoffl...Bill 899. Take it out of the record. House Bill .300. Senator -- oops. Excuse me. Senatcr Mahar. Senator Cronlnr for what purpose do you rise?
Thank you, Mr. President. For a point of personal privilege.
State your pcint.
I'd like to make an announcement z and draw the attention of the Body to the gallery over the Republlcan side . Over here , over my right shoulder, is an esteemed îroup of Italians from Milan, Italy - young Italian students visitlng the State of Illinois , and they 're guests of Representative Saviano and myself. And I Wanted to ask the Body to give them a big , warm, Italian round of applause , wit.h Senator DeAngelis leadlng the way . Please .
PRESIDING OFEICER: (SENATOR DeANGELIS) (Speaks Itallan) Senator Cronin.
I just wanted to extend an invitation to a11 Italian-M erican Senators to join us on the Senate F'loor after we adjourn for a picture wlth these Italian students. Senator ''Croninl'' and others will be on hand. So please, join us.
PRESIDING OPFICER : (SENATOR DeANCELIS) Thank you , Senator Cronin . Mr. Secretary r do you have on fi1e a Conference Committee Report on House Bill 300?
Second Conference Committee Report on House Bill 300, Mr. President .
PRESIDING OPFICER: (SENATOR DeANGELIS) 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 chair recognizes Senator Mahar.
Thank you, Mr. President and Members. House Bill 300 is the result of monkhs of arduous work, involvinq the rewrite of the State's. Underground Storage Tank Program, as well as two other ! initiatives . 1'11 attempt to go through and explain it. It extends the motor fuel tax of three cents for twenty years, to sunset at the year 2013. It'll generate seventeen -- about 17.2 million dollars a year. There are about sixty-eight to seventy million dollars in a -- in backlog on reimbursements for I remediating these sites. With this money We plan to sell a hundred and ten million dollars ln -- ln a general obligation i bond. Itdll be in the authorization bill to come up later today. We hope to eliminate the backlo: within two years. Secondly, it sets up a three-tiered ranking system for the level of cleanup required. Sites will be prioritized as ''High Priority,'' ''LOW Priorityz'' or ''No Further Action.'' Only High Priority Sitesr estimated to be fifteen percent of the reported releases, will be required active renediation; Low Priority, which is forty -- forty-five to fifty percenty Will require groundwater monitoring only; No Further Action Sites will not require any remediation. The agency review process will be streamlined such that the new clean-up review and reimbursement approval will be completed within a hundred and twenty days. Sites that are cleaned up to the minimum standards receive a -- rebuttable presumption against liability. Nonemergency sites may opt to defer corrective actlon. This has no window in the bill. as previous, which means the eligibility and deductibility remain the same, except that tKe Office of the State Pire Marshal will have jurisdiction over this area now. Creates two -- two demonstration projects. Another element outside of the underground storage tank issue is a part of the bill which is supported by a11 State -- al1 the State's I 9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 business organlzatlons, as well as environmental groups. It 1 ;fOV1deS funds from an agreed-upon fee schedule to assist Illinois ! businesses to get into Compliance With the federal Clean Air Act. Increased State fee -- State air permit fees are to generate 2.3 ! million dollars. Approximately twenty-six hundred Illinols ! companies must get new air permits starting in '95. Through ! modification to existing State air permits: approxinately sixteen : hundred of these companles can avoid federal programs, potentially saving Illinois industry forty thousand dollars. The final point i is the addition of *he Subtltle D language, which had already passed this Chamber With substantial -- a substantial majority. ft provides the necessary language for Illinois to pursue partial ! or full apprcval of the U.S. EPA Subtitle D Progran , which is the i municipal solid waste landfill resulations. Federal Subtitle D i requirements will become effective on October khe 9th of this year. Facilities in states khak do not have federally approved : program by October the 9th must comply with the inflexible federal i program ; consequently, the business communities are in -- in support of this. The fees will -- will raise about l.7 millicn: ! which will be used to -- implementation of the project. In addition to the Illinois EPA, also the -- the Municipal Solid I i Waste Management Associatlon, Waste Managementr and the like, are ' al1 in complete support. I would happy -- be happy to try and entertain any questions, Mr. Presldent.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Sieben.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in support of House Bill 300 and the Conference ! Committee Report. I know many of you throughout the Senate, in your districts: have faced those problems wlth private property owners who have tried to deal responsibly with an underground tank l I 10 . 'i . STATE OF ILLINOIS 88TH GDNERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRTPT 77th Legislative Day July l3: 1993 cleaning -- clean-up problem in -- in your district. And I think what this legislation does and what ycu uant to take back to your constituents is, first of allr we've got a funding mechanism here that's going to reimburse those people that have already spent tens of thousands of dollars already, trying to be in complianee, and their bank no longer is loaning them money to conkinue with their clean-up procedure. That's the flrst elementr and there will be mcney in the fund to relmburse those private property owners who are trying to comply with the law . Secondly, and equally importanty is wedve brought some common sense into the process of cleaning -- cleaning up a contaminated underground storage site by putting into place a three-tiered systen that Will prioritize the risk to public health and safety. And it Will take into consideration the soil type, for one thing - as you know: clay soil doesn't transmit contaminants nearly as readily as sand does - and also will take into fact or into consideratton the loeationr proxinity to a -- a public water source or well. So finally, after about two years of work and negotiation between the interested parties, and engineers, and -- and certifled waste haulers, and the Environmental Protection Agency, we have a commonsense approach that prioritizes the risk involved in these sites so we ean target the dollars to the real necessary programs that need to be cleaned up, and finally, we 'll stop bankruptin: private property ovners in this State, where originally under the o1d program, the cost to clean up a site far exeeeded the value of the property. And think youdll flnd that lenders will again lend on property; Realtors will again be able to sell property. We'1l be able to get a clean closure letter from the Environmental Protection Agency, and we 'll be able to move forward and get the serious problems cleaned up, at a much more affordable cost to the private property owner. It's a good bill. It's a good compromise. It's environmentally sound . It takes care of the 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 serlous problems that need to be in khis State, and gets the issue resolved in an effieient and an affordable manner. I stand in strong support and urge a11 colleagues on both sldes of the aisle to vote Yes on House Bill 300.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton.
Yes. Would the sponsor yield? Yes...
PRESIDING OPFICER: (SENATOR DeANGELIS) Spcnsor says he wl11 yield.
I understand that the bill distinguishes between audit reviews and full reviews by the Illinois EPA. What's the difference, and why is this done?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar.
Thank youy Mr. President. There is a slgnificant difference. In the case of site evaluations and groundwater monitoring plans, the bill authorizes an audit procedure. In these cases, the dollars expended are relatively 1ow and the steps required are fairly well-defined and repeatable from site to site. Engineers ean certify as to the appropriateness of the propcsal and associated costs. The bill requires the Pollution Control Board ko adopt requlatlons directing how the audit procedure should vork. As envisioned, the IEPA kould formulate model plans or benchmarks against which incoming plans would be compared. The incoming plans would have a cover sheet that prcvides basic informatton so Ehat the agency could screen the plans and select those that are out of the norm for audit. The audit rate wauld be selected that balances limited Agency resources With assurance that inflated proposals would be targeted fcr review. 12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Leglslative Day July l3: 1993 1 PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton. SENATOR CULLERTON: What about in the case of corrective aetion plans? Would . fifteen percent of the sites... PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Mahar. SENATOR MAHAR : I'm sorry . In the case of corrective action plans - about fifteen percent of a1l sites - the dollars are much higher, and the plan elements more varied. fn these casesr the Agency would be required tc review each plan. Again, the Board would adopt regulations. PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Cullerkon. SENATOR CULLERTON: I note that the bill targets indicator paraneters for cleanup. How does thls relate to groundwater standards? PRESIDING OPFICERI (SENATOR DeANGELIS) Senator Mahar. SENATOR MAHAR: The indicator parameter concept is designed to assure that expensive analysis is limited to those ehemicals that are released by the product in the leaking tank. For example, if the product is gasoline, we would look for benzene, and BTEX, Which is a combination of chemicals. We then look for those levels that are in excess of the Class I groundwater standard. For thcse speciftc compounds, the Board will ultimately define *he indicator parameters. This is a petroleum cleanup and -- and reimbursement program. The fund has encugh strain attempting to pay for petroleum cleanups, without looklng for ccntaminaeion that may have been caused by other problems, or is naturally oecurring. We 1 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13y 1993 anticipate the Board will focus on this intent in adopting l regulaticns.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton.
I notice that there is a deferred action eoncept and a provision by which the Agency can deny the option to defer. HoW Will the Agency make those decisions?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar.
We anticipate that the Agency will be reasonable in making such decisions. If the Agency determines that the site poses a threat to human health or the environment, they can deny a request to defer action. The Agency is well aware of the problems encountered by our constituents not being reimbursed in a timely manner. We expect that they will limit denials to those cases in which a real demonstration of -- of a problem is evident.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton.
Who gets the twc demonstration projects?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar.
That is yet to be determined.
PRESIDING OFFICER: (SENATOR DeANGELIS) NEI Senatori'' Demuzio.
(Speaks Italian) Thank you very nuch: Mr. President. I too rise in strong support of -- of this bill, and frankly, I will associate my remarks of -- with Senator Sieben. I think it's a -- 14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 a bill that is lcngtime over -- overdue for those of us Who live in the rural eommunitiesy particularly for people uho have mlved into o1d filling stations, who are unsuspecting that there were, j in fact, underground storage tanks, that got caught, that lost . I thetrlife savings. And-- and --withthisbill,I thinkperhaps 1 we should have left it at six-tenths of a gallon, rather than three-tenths of a gallon. But three-tenths is before us; Wedre extendlng it, and T would rise in support of it. PRESIDINGOFFICER: (SENATORDeANGELIS) 1 Senator Welch.
I had a question of the sponsor.
PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he wl11 yield.
Senator Mahar, could you -- you explained that naturally occurring problems would not be taken care of if they're discovered when repairing a tank, I believer in response to one of Senator Cullerton 's questions; that ehey Would -- you would only be locking for benzene and other gasoltne components. Number -- do ycu remember that ansker to Senator Cullerton? Could you explain to me what you mean by naturally occurring? Is Ehat something that occurred by a neighboring gasoline station or a neighboring business? Would that be naturally cccurring?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar.
T'm advised that the answer to thak is that it would -- Whatever Would be there naturallyr if -- in the event the tanks aren'tthere. 1 PRESIbING OFFICER: (SENATOR DeANGELIS) Senator Welch. ! 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3# 1993 SENATOR WELCH: Well, I'n not sure I understand What that means. You're 1 saylng ehat if -- if you dig into the ground and nature -- by nature, some pollution problem was already theree it Won't be . cleaned up. Is that What youfre saying? 1 ' PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Mahar. ssxaToa MAHAR: 1 Well, this is -- the basis for this bill is a risk-based system that is deflnable to the lêak in that particular tank. And . ' if there's something else there that may be contamihatin: the l soll, not involved in this particular leak, then that Would come 1 i under a separate set of circumstances and eriteria other than this ' ! leglslation. l PRESIDING OFEICER: (SENATOR DeANGELIS) Senator Weleh . f r SENATOR WELCH: Senator Maharr does thls open up a wlndow for anybody who didn 't qualify and apply for being in the risk pool, prior to -- T think it was June of 1989? PRESIDINGOFFICER: (SENATORDeANCELIS) / ! Senatar Mahar. SENATOR MAHAR: 1 The requirements forbotheligibllity and deductibillty remain 1 ! exactly thesame. Theonlychangesinthatprovisionisthat,as 1 opposed to the IEPA governing itr it Will be reviewed noW by the Office of the State Fire Marshal. PRESIDINGOFPICER: (SENATORDeANGELIS) j Senator Welch. i SENATOR WELCH ) Well -- wellr why are you taking the authority away from the EPA? 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATS TRANSCRIPT 77th Legislative Day July 13r 1993
PRESIDING OFFICER: (SZNATOR DeANGELIS) Senator Mahar.
The Office of State Fire Marshal is -- is better equipped to go out to the site and apprise the owner of the level of contamination on site, so there are no surprises at the tlme. And the IEPA agrees with that.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.
Well, Senator, I'm not criticizing youy bu* ie 's gekting to be ridiculous that we have an environmental problem, and yeE the Fire Marshal goes ouk there to take care of it. I mean, we've got -- you know: if it's an underground tank, it's the Fire Marshal; lf it's a spill above ground, it's the State Police HAZMAT officers. Where does this end? I thouqht the nane of the agency was Znvironmental Protection Agency. Apparently, that means nothing r because khen a lot of these businesses want to get around the strict requirements of the EPA , they pick the Pollution Control Board, the Pire Marshal, the State Police, somebody other than the EPA, to deal with an environmental problem . It makes absolutely no sense. So, khat's my two cents' Worth.
PRESIDING OPPICER: (SENATOR DeANGELIS) Senator Dunn.
Thank you, Mr. President. I konder if the sponsor Would yield for a question.
PRESIDING OPFICER: (SENATOR DeANGELIS) Sponsor says he will yield. SENATOR R. DUNNI Senator Mahar, in earlier versions of the House Bill 300, I think there's scmething about exemptlng tanks pre-1972 or '74. I 17 STATE OF ILLINOIS j 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 don't see that in our synopsis here. Is that still in? PRESIDING OFFICER: (SENATOR DeARGELIS) Senator Mahar. Senator Mahar. SENATOR MAHAR : ! . The -- the requirements for registration have not been I changed. They remain the same. I PRESJDING OFFICER) (SSNATORDeANGELJS) J E Senator Dunn. SENATOR R. DUNN : So this means that pre-1974 tanks are nct exempt. Is that what youlre saying? PRESTDING OFFICER) (SENATOR DeANGELIS) Senator Mahar. ' SENATOR MAHAR: They are exempt. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dunn. Spnator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, I rise to speak in favor of this bill. I've got constituents that have been plagued by onerous costs, and this bill provides fundin: for the backlog of claims and standards Whlch Will make stte cleanups less expensive. I mean: after all, we want to keep people in business. We can't keep them in business if we fre going to have onerous costs. And I thlnk this bl11 is fair, and I support the Pire Marshalds input in it. After ally this refers to sone things that can be very volatile. And I speak in favor of the bill. PRESIDING OEFICER: (SENATOR DeANGELIS) Senator O'Malley. SENATOR O'MALLEY: Thank you, Mr. President, Members of the Senate. I rise tc inform everybodyy for the record, that I do have a conflict of 18 STATE OF ILLTNOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July l3, 1993 interest with the provisions of House Bi11 300, but I Will be voting my conscience. Thank you. PRESIDING OFPICER: (SENATOR DeANGELIS) ' Any further discussion? Any further discussion? Senator sExAToR MAHAR: I I Thank your Mr. Presldent. In regards to the problem We have I had in the State of Illinois with remediating leaks from I underground storage tanks, I don't think I have to go into that. When we have a seventy-million-dollar backlog, obviously we have a I problem. As far as Senator Welch's comments, the Office of the ' State Fire Marshal is involved in a very small opening instance in I determining the eligibility and deductibility of a site. The EPA is involved in the entire îamut, as far as ensurin: that the remediation is done and providing the rebuttable presumption at closure. At this pointr I uould like to -- I'd like to thank al1 thosewhohavebeeninvolvedtnthis--inbringing this bill - this final paekage - to the Senate: the IMA, Illinois Chamber, J Illinois Petroleum Councilr Chemlcal Industry Council, Illinols Steel Group, the Illinois Environmental Council, the Sierra Club: the Chieago Lung Associationr the Illinois Petroleun Marketersr the Illinois Bankers and the Illtnois Automobile Association. And I would ask for a favorable roll call. PRESIDINGOFFICER: (SENATORDeANGELIS) 1 The question isy shall the Senate adcpt the Conference Committee Report on House Bill 300. Those in favory vote Aye. Opposed, vote Nay. The voting is open. Have a1l voted who Wlsh? Have a1l voted Who wish? Have a1l voted who uish? Take the record. On the question, the Ayes are 57, the Nays are 0, those voting Present are 0. The Senate does adopt the Conference Committee Report on House Bill 300. And the billr having received I the required three-fifths majority, is declared passed. For What I 19 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 purpose does Senator Geo-Raris seek recognition?
1 Mr. President and Ladies and Gentlemen of the Senate, on a point of personal privilege. In the gallery, upstairs tc the right, are two people who are probably the most talented people T ! have ever known, Reverend Tim and Jane Allen, from Zion, Illinoisr ! who are pastoring now up ln Naperviller which is represented by my colleague herer Chrls Lauzen. And I Wanted to say that our loss in Zion is Naperville's gainr beeause Tim and Jane are not only wcnderful, spirttual people, but also excellent musicians. And I : ask you tc welcome them and their sons, Chris and Benr to the astute Body of the Senate. I PRESIDING OPFICER: (SENATOR DeANGELIS) ' Will our guests -- please rise and be recogntzed. Mr. Secretary, do yOu have On file a Conference Committee Report on l ! House Bill 9917
First Conference Committee Report on House Bill 991.
PRESIDING OFFICER: (SENATOR DeANGELIS) The Chair recognizes Senator Trotter. Senator Trotter? Take it out of the record. Mr. Secretary, do you have on file a Conference Committee Report on House Bill 1587?
First Conference Committee Report on House Bill 1587.
PRESIDING OFFICER: (SENATOR DeANGELIS) The Chalr recognizes Senator Fawell.
i Thank you very much. This was a -- a bill that started ou* as a noncontroversial bill, and I think it still remains one. It amends the road improvement impact fee Seckion, and -- and it allowed to have a minor adjustmenk once a year by the County of i Dupage - and thae passed without any problem. Then it went to the 1 20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3: 1993 House and it -- lt came back, and neW language has been added by the Secretary of State to -- issue special event license plates in excess of two hundred palrs and for a period of more than sixty days. What it is, is the Secretary of State wishes to issue the Chicago Bulls license plates, With the proceeds, ninus elght-and-a-half-cent -- percent cut to the NBA, to go to the Little City Eoundation, which works with the mentally retarded, the Down 's Syndrome and the autistic children. Right now, he could only print two hundred. Hopefully, this W111 raise enough money to take care of our retarded children. And then, there Was also another language that tightens up the provisions in the Vehicle Ccde. This language states that out-of-seate car dealers now have to obtain a permit to display their vehicles at sites in Illinolsr like in-state auto dealers are -- are obligated tc do. This was requested by the New Car Dealers. This is regarding the tent sales. Apparently some of our out-of-state dealers are coming in and setting up tents and then leaving. 1111 be glad to answer any questions, and I solicit your Aye vote.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs.
Thank you, Madam -- Mr. President - sorry - and Members of the Senate. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says she will yield.
Senator, as you are aware, I -- I signed this Conference Committee Report, and I'm not really opposed to ity but I have some -- some questions. First of all, I think, in your debate, you Rentioned that the license plates are good for nore than sixty days. According to our Conference Committee Report, on page 3, it says, ''shall be valid for na more than 60 days prior to the date I 21 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 of expiration'', which to me still says they're good for only sixty days, which is not a -- a major issuer but I think they're only good for sixty days. Is that correct?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Pawell.
Yesr it is. It's -- itfs only sixty days.
PRESTDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs.
Well, the only other question I have -- I have one other question, and then I have a -- a comment I'd like to make. First of all, does the Secretary of State, or does the State of Illinols, have to pay a fee to the Chicago Bulls? And if they donft have to pay to the Chicago Bulls, is there an inherent franchise fee to where the -- the league gets seven and a half percent; therefore, we are, with this, assisting the professional basketball league? Is that correct?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Pawellr will you ansuer her <sie> question?
Yeah. This is no different, reallyy than any other charity. The NBA is the one that gets the -- the pereent -- percentage cut, and that's just standardized contracts, when -- when the Bulls sign. The Bulls aren't making any money on this. In fact, my underskandlnç ls, a number of the Bulls players plan on -- on buying the plates. They're very attractive: by the way. I can't show them to you, I've been told, but -- but they've got big bulls on them , and they're very outstanding.
PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Jacobs.
22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 So, if -- if one Wanted to -- to stretch the argument, i however, because seven and a half percent is going to the National Basketball Association, one could say that these plates are not i golng to not-for-profit, but, in fact, are going to help subsidize a for-profit organization. Is that ccrreet?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell.
Xeah. It's -- it's -- it does subsidize the National Basketball Association. Unfortunately, that's -- that Was in the original franchise contrack. It's -- it's no dlfferent than, you know, when we -- we use airlines or that type of thing for the same prograns.
PRESIDTNG OFFTCER: (SENATOR DeANGELIS) Senator Jacobs.
Just -- just one comment, and -- and -- andy Senator, I'm -- I'm going to urge thcse on this side of the aisle tc -- to give an Aye vote, but -- but I would hope that each and every one of us in this Body - as an example, my -- my charlty of choice is Parents Too Soon - that if somethlng happens in the future, and ke want to prcvide special plates for some charity in -- in our community, I kould hope that this Body would be as ready and as -- as able to provide us with -- with that same yrîvklege ehat ls given to the Secretarg of State here. I urge an Aye vote.
PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Welch.
Yes. It seems to me that we could avoid this totally. Senator -- or Secretary of State Georqe Ryan Wants to raise money for a charity of which he's a co-chairman ofk Little Ciky. Now wepassedabilltwicethatsayswe'regoingto have inserts in ) ' 23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3y 1993 State matlings for charitable organizationsy instead of the Citizens'Utility Board mailing. Why don't We just tell George to make the first mailing for Lietle City, and we wonft have to pass this bill?
PRESIDING OFFICER: (SENATOR DeANGELIS) Any further discussion? Senator Fawellr to close.
Well, thank you very much. Although, I -- I personally have watched the Bulls on -- on rare occasions, I know I happen to have some sons that are ardent Bull fans. We did have a very unique situation in the -- in the State of Illinois, Where our Bulls won three championships, and we indeed should be proud of this. The Bulls are -- have been very gracious in allowing us to use their logo on these plates. Unfortunately, although there was an attempt to convince the NBA that it would be a good idea to allow us also to use these without any kind of a -- of a percentage of the plate, we were not able to do this because of contracts. Certainly all' of us know about Little City. It is a -- it is a very unique and a very great organization. It has been run in the State of Illlnois very proudly by various Catholic organizations. I Ehink it is a -- a organization that reserves -- needs our -- our help at this time to take care of our unfortunate cltizens. I don't see that anybody could have any problem with a bl11 such as this, and I would soltcit your Aye vote.
PRESIDING OFFICER: (SENATOR DeANGELIS) The question is, shall the Senate adopt the Conference Committee Report on House Bill 1587. Those in favor, voke Aye. Those opposed vill vote Nay. The voting is open. Have all voted Who wish? Have a1l voted who wish? Have a11 voted Who kish? Take the record. On that questionr there are 53 Ayes, l votin: Nay, 2 voting Present. The Senate does adopt the Conference CommitteeReport on House Bill 1587. And the bill, having 1 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993 received the required three-fifths majoritye is declared passed. We wl11 now move tc page 9, Order of Concurrence. Senator Farley, on the Order of Non-concurrencer Senate Bill 706. Is I there a motion on file?
Yesy Mr. President. I move to concur with the House in the f adoption of their Amendments No . 1 and 2 to Senate Bill 706. 1 Filed by Senator Farley. ! . PRESIDING OFFICER: (SENATOR DeANGELIS) l Senator Farley. '
Thank you, Mr. President, Ladies and Gentlemen of the House. I would move to non-coneur u1th House Amendments l and 2 to Senate Bill 706 and ask for a eonference commitkee. ! PRESIDING OFPICER: (SENATOR DeANGELIS) ! Senator Parley has aoved to non-coneur ln House Amendments 1 I and 2 to Senate Bill 706. A1l those in favor, say Aye. Opposed, I vate No. The Ayes have it. The motion earries, and the Secretary 1 shall so inform the House . Senator Barkhausen . SENATOR BARKHAUSEN : i Thank you, Mr. Prestdent. I'm rising to request a Change of 1 i sponsorship on -- on Senate Bill 6l7 from myself to Senator Maitlandy and would ask leave of the Body.
PRESIDING OFFICER: (SENATOR DeANGELIS) That motlon is in order. You have leave. On page 10r on the Order of Non-concurrence, is House Bill 2062. And Senator Watson E Would like to have yield -- Mr. Secretaryr please read the bill. SECRETARY i HARRY: Senate Amendment 3 to House Bill 2062.
PRESIDING OFFICER: (SEDATOR DeANGELIS) Senator Watson would like to have leave, as hyphenated sponsor, to handle this bill. Senator Watson. 25 : STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993
Yes. Thank you, Mr. President. I'd like to refuse to -- to recede from Senate Amendment No . 3 to House Bl11 2062 and ask for a conference committee to be called.
PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? Senator Watson moves that the Senate refuse to recede from the adoption of Senate amendments to Hcuse Bill 2062 and that a conference committee be appointed . A1l those in favor, say Aye. Opposed, vote Nay. The Ayes have it. The mction carries, and the Secretary shall so inform the House.
PRESIDING OFFICER: (SENATOR DONAHUE) Page 9 of your Calendar, under the Order of Secretary's Desk: Concurrence, is Senate Bill 1105. Senator DeAngelis. Mr. Secretary.
Senate Bill 1105, with House Amendment No. 1. I move to concur with the House in the adoption of their Amendnent No. l to Senate Bill 1105. Filed by Senator DeAngelis.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. I move that the Senate concur with House Amendment No . l to Senate Bill 1105. Senate Bill 1105 is the different categories of licenses and the changing of the fees for *he Liquor Control Commission. However, the major -- the majority of the bill - which has been discussed previously and rather at great length - involves other fees, and I will have Senator Rauschenbergery who worked with Senator Severns on this task force; to explain the rest of the bill.
PRESIDING OFFICER: (SENATOR DOKAHUE) Senator Rauschenberger. 26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 SENATOR RAUSCHENBERGER : : Thls -- thls bill Was extensively debated and discussed in its : ccmponent parts last week. I stand ready With Senator DeAngelis I ( to answer questions. It Was the product of a -- an extensive task ! force that worked very hard an these fees. I Would stress that ! these are fees; they're agreed to, in almost -- in al1 cases by ! the industries that are affected, and I would request a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discusslon? Senator Jacobs.
Yes. Thank you, Madam Chairman, Ladies and Gentlemen of the Senate. Again, I -- I -- I rose to -- to speak against this the last time the bill come up . And I think there's been some changes since the last timer which probably means that the fees should not be -- be put in, and that the funding should go directly to these 1 departments. The argument that was given the last go-around Wasr ! in order to keep the parks openy in order to do some certain thinqs these revenues had to be raised. Well, the Governor and , 1 the BOB decided that there was around fifty-five million dollars nore that we had available to spend for this yearfs budget. Why was this -- Senator, why was this activity and -- and what the -- the -- these fees are to be used for -- why were they not then I presented to be funded out of that fifty-five million dollars that ! khe Governor and the BOB found in additional revenues? I think it destroys the argument of the necessity of fees. Fees are -- are to be used in order to police an activity, and we don't know if that's truly a relatlonship or not. But if, in fact, it is noty why were they not considered in a funding source, other than a fee increase? 'Cause again, we get into the increase in taxes, of whether we want to call them a fee increase, or what we Want to call them . Could you at least give us some insight as to why we 27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July 1993 - - We did not include khat into that fifty-five million dollars of found money, and then not have to do another increase in taxes, which will also hit the senior citizens?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger
Senator, to answer some of those questions: number one, this bill has not been changed since last time it Was presented; number two, as to the Governor's locatlon of fifty-five million dollars, he hadn't called and told me thatr but that's lnteresting to find cut. But I certainly thlnk you would agreer we dcn't want to use General Revenue funds to pay for the licensing of liquor wholesalersz or liquor retailers. It certalnly wouldn't make sense to me for us to use General Revenue funds to pay for agricultural 1ab fees, when out-of-state universities request our - - our bovine 1ab to do research for Ehem . It certainly wouldn't make sense to me, anyway, for us to use General Revenue funds to help the -- the appraisers in their professional regulatlon. If you go down the list of these fees, these fees are designed to impact the users and to enhance the benefits they're getting from the State of Illlnois. If we dor in fact, have fifty-five millicn additional in General Revenue, I think thatfs wcnderful, and 1 think we can pay some old bills with it, or use lt ln other programs. But I don'e think it's appropriate to suggest that we use General Revenue funds to pay for fish hatcheries.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jacobs.
Well, don't disagree with that, Senator, and I think -- excuse me -- that anyone who has dealt with these license fees knows there should be a direct relationship between the cost cf the fee and what it costs to police that. We have some in here 28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 that we have no idea; they're new. We don't know if -- if that's a true increase or not. I don't really have a lot of qualms With that portion of it. My concern still falls Within the area of the conservation. Is that still in there, and are we still going to charge people to go to parks? Are We still going to inerease the - - the license fees on our senlor citlzens? Those are the questions I want to find out. The other portion, I don ft have any qualms with, and I agree with you that we should not expect General Revenue funds to fund those activities, and I agree with that.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Thank youy Senator Jacobs. Yes, the Conservation fees are still included. The Conservation fees are -- are targeted, as I understand it, from the -- from the Department, at making sure that we have adequate activity ln our fish hatcheries, to make sure that future -- in the future, when people do fish in the State of Illinois, there are going to be fish available to them . These are -- these are fees that are designed to stimulate and contrcl and regulate the hunting and the fishing in our State parks, and that's where the -- the fees are basically tied to. There are no admission fees to the parks in the State of Illtnois included in this bill at all. And for your information, in case you were going to ask again, the Boy Scouts are elinlnated; church groups are eliminated; there's nothing on canoes. Xesy in fact, it does still retain the provision for a half-price license for senior citizens. If they 're going to take fish from our streans, and our lakes, and our rivers, I think that they, probably, as a group, would be happy to contribute to making sure thak there's fish for their grandchildren.
PRESIDING OFFICER: (SENATOR DONAHUE) 29 STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3y 1993 Senator Jacobs.
Well, just in closing, and don't wank to belabor the issue, but I think that: again, in -- in response to Whether cr not General Revenue funds should be used to make sure that we have fish for the next generation, ny response to that is# yes, I think that they should be used. Sor that -- that's not an issue With me. I just uonder if wedre just gettlng to the point -- we've seen with Live and Learn; we saw with the cigarette tax yesterday. Here's another fee increase. How much of that is directly going back to the person kho is paying the fee? Unllke the the the analogy yesterday of the motor fuel tax: If you drive on the roads, you pust buy gasw and therefore, you're going to help the roads. That's a different analogy, but sone of these user fees, I'm not sure how direckly related they are to the activity that they 're going to perform.
PRESTDJNG OPFICER: (SENATOR DONAHUE) Senator Hendon.
Thank you, Madam President. W1l1 the sponsor yield?
PRESIDING OPFICEX: (SENATOR DONAHUE) Indicates he'll yield.
Senator Rauschenberger, I just need to know: are the disabled -- now have to pay these fees also? That was originally in the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
POWs and disabled veterans are exempt from the camp -- okay. Disabled citizens, disabled veteransr and POWS pay no camping fees. Thak -- that is correct. They're still exempted in the 30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY l 1 REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3r 1993 campin: fees part of this bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senaeor Hendon.
Are there other fees that the disabled are no longer. exempt : from in the bill, other than the camping fee? And While... l PRESIDING OFFICER: (SENATOR DONAHUE) ! Senator Rauschenberger.
To the best of my knowledge, I'm lnformed reliably, that there are no fees for the disabled in this -- in this fee package. PRESIDING OFFICER: (SENATOR DONAHUE) k Senator Hendon.
i Okay. Well, when I read it previously, I saW that there were; that the disabled would pay a two-dollar admission -- a two-dollar ! fee, and I -- I -- I have a problem with ehat. I PRESIDTNG OFFICER; (SENATOR DONAHUE) I Senator Rauschenberger. SENATOR RAUSCHENBERGER: ! ! I -- I apclogize for that -- that slight oversight there. I Yes, the -- dlsabled lndlviduals would have to pay a tko-dollar ! utility connection feez if they backed up to a canpsite Which used l electricity, or used utilities provided by the park, as everyone ' else would. That is correct, but theypre not charged for the -- *he campsite. .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon. :
Well, I -- I really believey and even though I do have a problem with the senior citizens' exemptions being wiped outy but I truly have a problem with the dlsabled having to pay any -- any 31 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatëve Day July 13, 1993 tax at all, and I -- I -- I really think that that should not be in the bill. My other question is on the local parks, because -- is that still in the billy where City of Chicago parks people would have to now pay fees for the activities in the City of . Chicaqo parks? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger. SENATOR RAUSCHENBERGER: ! T -- I 'm -- I'm advised that the two-dollar utility fee is not part of this legislation; that that's an administrative rule that ! the Department has through JCAR that's been enforced consistently a11 along. So this -- this legislation does not change the two-dollar fee. And the question -- Will -- will you repeat the ! question very quickly on the Chicago parks? : PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon. SENATOR HENDON: o. . tmicrophone cutoffl...chicago parks included ln this fee package? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger. SENATOR RAUSCHENBERGER: : No, to the best of my knowledge: Chicago Park Districty or ! Chicago City parks Would not be included. This is for Stake faeilities. If a State facility is located in the City of Chicago, it wculd be includedr but these are -- this is for the State parks and the State recreation areas. I -- I can 't tell you whether you have a State parks or -- T wouldn't know. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon. SENATOR HENDON: Well, in conclusion, because the way I read itg the Chicago 32 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3: 1993 parks would be able to implement fees or taxes under this, and I just feel like, we looked out for granny yesterday and now we're making sure that granny stays in the nursing home, because she won't be able to go anyplace because now she's going to have to pay these fees and these taxes. And we just can't help granny with one hand, and hit granny over the head With the other hand. So I'm going to vote No. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Lapaille. SENATOR LaPAILLE: i Thank you, Madam President. On the bill: I think thls is a good point of reference to, once again, stop and see what we're doing here in the State of Illincis, with regard to fee increases, and the entire budget. In Fiscal '92, We took a hundred and twenty-four million dollars from special funds in this State and drove khem in the General Revenue Fund and never paid that back. This fiscal year, we took another eighty-five million from various dedicated funds, drove lt into General Revenue funds, never paid it back. Nowr we have a bill here that's going to increase fees on nlnety-five various fees - those very funds that We've been hitting to increase the fees. So what we're doing is We 're ' robbing Peter to pay Paul in the State of Illinois. And thls bl11 is exactly repaying a11 that money that wefve been hittlng in these dedicated funds, because this is how We budget under this administration. I submit to you that this bill now, according to my numbers, brings us over a half a billion dollars in fees and taxes, and all the various, sundry items that we have done in less I i than twenty-four hours. I would say that this is the type of budgeting practice that is going to catch up With Illinois taxpayers and our children and their children. Thank you very much. . PRESIDING OFFICER: (SENATOR DONAHUE) I 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 Further dlscussion? Senator Woodyard.
Thank you: Madam President and Members of the Senate. 1'11 preface my remarks, which are going to be very similar to what I said last Week, when this bill Was first before us. But in a preface, We had a breakfast neeting this morning of the Executive Bcard of the Legislative Sportsmen's Caucus. This Was discussed. And by the way, my remarks -- we still need some more Senate Members as members of the Legislative Sportsmen's Caucus. So any of you who are not members, I certalnly encourage you to join With us. This particular bill certainly Was discussed. And -- and I will address my remarks only to the Conservation fee increase portions of the bill. Thls dldn't just happen overnight. It came up well over a year ago , and remember Senator Rock standing on the Floor of this Chamber a year ago in support of the Conservation fee lncreases that this Body did pass out more than a year ago, calling these fee increases a moderate increase, Which We happen to think that they are. This last spring, there Was a convention here in Springfieldr in thls Capitol Buildingr of a newly formed Conservation Congress. Two delegates were elected from every Senate District. A hundred and eighteen people met here in Springfield, and guess what their top priority was ranging a broad gamut of people from environmental people to -- to sporting people, from fishing and hunting groups? And their high priority item was the fact that we needed to increase some of our fees in order to establish better habitat, to increase the output of our State fish hatcheries. And as a result of that, these Were the fees that they recommended. This became a very high priority With your own Illinois Legislative Sportsmen 's Caucus, in which We also agreed that this is a user-fee system, and that -- that it's supported by every sporting group in the State, as well as environmentallsts. And with those remarks, I would certalnly 34 STATE OF ILLINOIS 88TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 encourage your support on senate Bill 1105 on concurrence .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senator Severns.
Thank youe Madam President, Members of the Senate. I too rise in support of thls bill. Along with Senator Rauschenberger and ! others, we tried to negotiate a blllr working with the organizations and groups affected, but the simple reallty is: This : bill is necessary as a part of the long-awaited and ! long-negotiated budget agreement. We 've a11 Wanted to depart Springfield so we could go back home to our districts. This bill i helps permit us to do that, and I think it's a fair blll and one ! that -- espeeially if you have a downstate park or a park ln your district thatts been closed, that youfve been hoplnî to openr or a ! historical preservation slte that has been closed, or the hours have been dinlnished that you hope eould be extended, this bill i will help make it happen. I Would hope that as many Members on this side could join me in voting Aye. PRESIDING OFFICERI (SENATOR DONAHUE) Senator Hasara.
Thank you: Madam Presldent. I think ehe most sensible part of the bill is the fact that the gem that we have here in Springfield - the Dana Thomas House - will nok be able to charge fees and remain open for longer hours. Whether you agree vith ie or not, the State has spent a 1ot of money purchasing and restoring the Dana Thomas House, and I do think you would all agree that it is a gem that the Stake of Illinois owns. Like most of you, l have vlsited other sites - Lloyd Wright sites - around the country and have paid up to ten dollars to get into some of those sites. So I think we would a11 agree thate from the Department of Historic Preservation, this definitely makes sense. 35 STATE OF ILLINOIS 88:H GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993
PRESIDING OFFICER: (SENATOR DONAHUE) ! Any further discussion? Seeing none, Senator Rauschenbergery to close. :
I'd like to thank Senator Severns for rising in support, as well as Senator Hasara and Senator Woodyard. I'd like to close by just pointing out a couple of things. Number oner you're not ! voting this time -- you're not voting with this bill to increase a two-dollar utility fee for senior citizens or disabled people in parks. That's an administrative rule, and -- and I offer right now, with Senator Hendon, to cosponsor legislation with him to ! overturn thaty if he'd like, next Session, because I do think that that doesn't make a lot of sense, and that kas not the intent of ' this bill. I'd like to point out a couple of things to Senator ! Lapaille, and I appreciate his pithy comments. I'm certainly not ln support of raiding dedicated professional funds, but I'd like to point out that the one -- the fees We're increasing here do noe ' directly relate to the fees to the dedicated funds from which -- under past General Assemblies there have been raiding. In his past life as a -- as a chief of staff over in the other Chamber, . he must know specifically What dedicated funds were raided, and it i ! s not these dedlcated funds. So just wanted to correct that ! misperception. We're not putting money into these dedicated funds so they can be raided in the future. Hopefullyr Gary Lapaille and 1 I will spearhead a drive for us to be more responsible on the budget. We'll watch carefully hts votes on taxes. I1d also like to point out to everyone that this -- this agreement -- this -- this fee bill was the dlstillation of almost forty pieces of legislation down to -- to these agreed bills, and T appreciate the work that Senator Severns put into it. And I'd just like to close by asking everyone for a favorable roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) ! 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 77th Legislative Day July l3, 1993 This is final action. The question isr shall the Senate concur ln House Amendments No. 1 to Senate Bill 1105. Thcse ln favor will vote Aye. Oppcsed, Nay. The voting is open. Have al1 voted who wish? Have a11 vcted Who wish? Have al1 vated Who wish? Take the record. On that question, the Ayes are 42, the Nays are 13, those voting Present are 2. The Senate does concur in House Amendments No . l to Senate Bill 1105, and the billr havin: received the required three-flfths majority vote, is declared passed. On Supplemental Calendar No. 1, at the top of the pagey is Senate Bill 100. Senator DeAngelis. Mr. Secretary. Oh, Madam Secretary.
House Amendment No. 5 to Senate Bill 100.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. When Senate Bill l00 left this Bcdy, it Was designed to prohibit a home rule unit of using a tax - - based on volumetric - meaning that gallonage taxes can only be used for gasoline. The bill went cver ko ehe House. The House decided to put an amendment on, Which Would, in factr bring this tax in the City of Chicago - the pop tax - in compliance with the agreement made in 1988. And essentially what lt does, it allows the City to impose, as other home rule units canr a tax in quarter-percent incrementsr up to three percent of the selling price, on the soft drinks; and then on the syrup for the fountains, to charge a *ax of nine percent of *he cost prlce, Eo be collected directly by the supplier and remitted to the municipality. It gives the Department of Revenue a short skim, in order to defray the costs of this collection. Be happy to ansker any questions.
PRESIDING OFFTCER: (SENATOR DONAHUE) 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 77th Legislative Day July l3r 1993 Is there any discussion? Any discussion? Senator Hendon.
Thank you, Madam President. Would the speaker yield?
PRESIDING OFPICER: (SENATOR DONAHUE) Indicates helll yield . . '
Senator DeAngells, how much money is this tax going -- expected to raise?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. ' SENATOR DeANCELIS: Well, first of allr when this tax -- if it goes into effect, ' the other one is abolished. So, lt is revenue-neutral, or close to revenue-neutral. And I don't think anybody has a good handle, l but sonewhere around eight million dollars, I think, is what the I current tax is expected to collect. This one is expected to collect the same amount. This...tmicrophone cutoffl... PRESIDING OFFTCER: (SENATOR DONAHUE) i Any -- any further discussion? Senator Hendon.
I -- I'n scrry, but I Was unable to hear...
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngells.
. .. his explanation about how it's revenue-neutraly if it's going to cost eight -- if ib's going to raise eight nillion dollars, does iE cost eighE million dollars to administer it?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: No. And I apologize kf it was unclear. This tax Would replace the current one Which is in effect. Soda pop tax. Okay? 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3r 1993 It's not an additional tax; it replaces. Can't have both of them . !
PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Senator Butler.
Thank you, Madan President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Senatcr DeAngelis?
Senator DeAngelis, as I understand it, *he State of Illinois is going to collect this tax and remit it to the City of Chicago?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Yes.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler.
Just a commentary. I'm going to vote for this, but I think whatever genius in the past came up With the idea that the State of Illinois should be a tax collector for the City of Chicago, we should stop that -- that terrible habit, because if Chicago Wishes to impose a tax, they ought to have the -- have the courage and the abtlity to collect it. I'm gcing to vote for it, but this is an idea I really do not llke.
PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Seeing none, Senator DeAngelis, to close. SENATOR DeANGELIS: Thank you, Madam Chair. And thls tax only applies to the City of Chicago, Senator Butler. And it is on the same base, and it's only on khe gross sales. It does not eolleet the tax on the fountain syrup . I urge an Aye vote. 39 STATE OF ILLINOIS 88TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 I I
PRESIDING OFFICER: (SENATOR DONAHUE) This is final action. The question is, shall the Senate concur in House Amendment No. 5 to Senate Bill 100. Those in favor Nill ' vote Aye. Opposed, Nay. The voking is open. Have all voted who wish? Have al1 voted Who wlsh? Have al1 voted who wish? Take the record. On that question, there are 55 Isic> (51) Ayesr no -- ! 5 Nays, and none voting Present. The Senate does concur in House ! Amendment No. 5 to Senate Bill 100, and the bill, having received the required three-fifths majority vote, is declared passed. . .. lmachine cutcffl...the top of page 2 of Senate Supplemental Calendar No. 1 is Senate Bill 420. Senator DeAngelis. Madam I Secreeary. ACTING SECRETARY HAWKER: ! I move to concur with the House ln the adoption of their Amendnent No. 3 to Senate Bill 410. I ! Signed by Senator DeAngelis. PRESIDING OFFICER: (SENATOR DONAHUE) ; Senator DeAngells. SENATOR DeANGELIS: i Madam Presidenk, I would like to split the question and move to non-concur wlkh Anendmene No. 2, first, Which is an amendment that was disapproved in the Insurance Committee this morning. I
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis now moves to non-concur in House Amendment i No. 2 to Senate Bill 420. A11 those in favor, say Aye. Opposed, Nay. The Ayes have it. The notion carries, and the Secrekary shall so inform the House. Senator DeAngelis. Madam Secretary. ACTTNG SECRETARY HAWKER) ! Amendment No. 3 to Senate Bil1 420. I
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: 40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3y 1993 Thank yau, Madam President. Amendment No. 3 amends the Plumbing License LaW and replaces it With an amendment to the same 1aw to provide that the publisher of plumbing advertising is not required to verify the accuracy of the license number submitted while advertlsing. The burden lies upon the person I that's placing the ad to ensure that they do have a number, and ! that they give that number accurately.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Jacobs. SENATOR JACOBSJ ; Thank you, Madam President, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indlcates he'll yieldz Senator Jaccbs. SENATOR JACOBS: i ( Our analysis shows that on House Amendment No. 3, that the -- there ls an agreement now, is that correct - the Plumbing r Association is noW in agreement with the provision of this Amendment No. 37 I
PRESIDING OFFICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: J Yes. PRESIDING OFFICER: (SENATOR DONAHUE) ; Senator Jacobs. Senator Tom Dunn.
Thank you, Madam President. I just rise and ask for support from khis side of the aisle on this bill. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
Will the sponsor yield? 41 STATE OF TLLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July 13r 1993 PRESIDING OFFICER : (SENATOR DONAHUE) I I I Indicates he'll yieldr Senator Shaw. 1
Dces this Amendment NO. 3 sort of repeal the original version of this bill, Where that the newspaper was held accountable? Dces Amendment No. 3 repeal that?
PRESIDING OFPICER: (SENATOR DONAHUE) Senator DeAngelis. SENATOR DeANGELIS: Yes, Senator Shaw r number -- Amendment No . 3 actually becomes the bill.
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Shaw.
So -- yeah -- now the newspapers are nc longer liable, and the person who's placing the ad is the only one that's liable. Is that right?
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Dehngelis. END OF TAPE TAPE 2 SENATOR DeANGELIS: The newspaper still must insist that the advertiser submit the number. But if the person lies about the number, it's the responslbillty of the person that lled, not the newspaper.
PRESIDING OFPICER: (SENATOR DONAHUE) Is there any further discussion? Seeing none: Senator I 42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July 13: 1993 ! DeAngelisr to close. The question is -- Senator DeAngelis mcves to concur in House Amendment No. 3 to Senate Bill 420. Those in , favor Will vote Aye. Opposedr Nay. The Voting is open. Have a1l voked Who wish? Have a1l voted Who Wish? Have a1l voted who wish? Take the.record. On that question, there are 57 Ayes,no 1 Nays, and none voting Present. The Senate does concur in House Amendment No. 3 to Senate Bill 420, and non-concurs in House Amendment No. 2 to Senate Bill 420. And the Secretary shall so inform the House. On the Order of Conference Committee Repartsr We have House Bill 508. Senator Sieben. Madam Secretary.
First Conference Committee Report on House Bill 508.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sieben.
Thank you, Madam Presidentr Ladies and Gentlemen of the Senate. conference committee Report No. 1 has the House ! concurring with the Senate in Amendments 1, 2 and 3, and with those anendments, the remainlng bill contains the following . provisions: the authorization for Mt. Morrls School District to donate its school building and real property to the City cf Mt. Morris upon the district's dissolution; also, number two, makes technical changes in language concerning the operation of the Community and Residentlal Services Authority; number three, it allows districts to count sessions of three or more hours as days of attendance, if at least two additional hours of that day are used for in-service training or parent-teacher conferences; number four, requires the City of Chicago subdistrict eouncils and the Board of Education to file reports on the progress being made ' towards achieving the goals of Chicago school reform; and number five, it makes persons enrolled in youth education programs sponsored by the Illinois National Guard eligible to take the GED 43 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993 exams. And then, the -- language renoves that Section dealing with two or more districts located in the same municipality to hold consolidated referendums - was requested we remove it frcm the bill. And further, the report would amend the bill to provide that a school.nurse certificate may be issued to persons With a bachelor's degree from an institution of higher learning accredited by the North Central Assoctation or other comparable regional accrediting associations. And finally, it adds language that would allow school districts to claim reimbursement of up to a thousand dollars per child: or eight thousand per teacherr for home or hospital instructional services provided to non-special education students. And it adds some clarifying language dealing with the subject of coterminous territory. And I Would move for the adoption of Conference Committee Report No. 1.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Demuzio.
Art? I -- I will yield to Senator Berman.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Bernan.
Thank you, Madam President. I rise in support cf this bill. For clarification, a analysis dated July 1 is the proper analysis of -- of this bill. And I want to eompliment the spcnsor for cleaning up several areas that were in this bill When lt was before us earlier that Were less than desirable, and I stand in support of House Bill 508, Conference Committee Report. PRESIDING OFFICER: (SENATOR DONAHUE) . Is there any further discussian? Seeing none, Senator Sieben, to close. The question is, shall the Senate adopt Conference Committee Report on House Bill 508. Those in favor will vote Aye.. Opposed, Nay. The voting is open. Have a11 voted who wish? Have I 44 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 77th Legislatlve Day July l3y 1993 E a11 voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 56 Ayes, no Nays, none vcting Present. The Senate does adopt the Conference Committee Report on House Bill 508, and the bill, having received the requlred three-fifths majorityy.is declared passed. House Bill 1974. Senator O'Malley. Madam Secretary.
First Conferenee Committee Report on House Bl11 1974.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley.
Thank you, Madam -- Madam President and Members of the Senate. The Conference Committee Report to Bi1l 1974 added a number of provisions, which I'd be pleased to respond to any questions that may be raised from the Senate. However, I do want to say that 1974, as it passed the Senate, amended the Medical Practlce Act to auehorize vlsiting physicians to perform medical technologles. 1'11 only highlight a couple of -- or actually three of them that I Would like to highlight - additions included through the conference conmittee process. The first is an amendment to the Unified -- Unified Code of Corrections and the Juvenile Court Act eo permit, in counties where community servlce prograns exist and I resources are availabler that the court may order a sentence for vandalism tc consis: of community service of not less than one hundred hours and not more than two hundred and forty hours. This - - the original language for this addition to the Conference Committee Report came from House Amendments 1 and 2 to Senate Bill 614. Addltionally, Ehere's an amgndmenk to the Crine Victims Compensation Act to allow the court to order direct payment of an award to another person tf that person has provided servicesr product or accommodations. The Provisions of this language originated from Senate Bill 614. Lastly, I'd like to point out 45 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July 13, 1993 that there's an amendment to the Fiscal Note Act to provide that a fiscal note must be filed when a b111 would expend State revenues: I either directly or indirectly. It defines ''indirect revenues'' as increased revenues resuleing from economic development, job ! creation or cost reduction. It requires the Fiscal Note Act to explain the methodology used to determine cost. The language for this provision came from Senate Amendment 2 to House Bill 317. Againy I'm prepared to address questions that may come from the Bcdy. !
PRESIDINGOFFICER: (SENATORDONAHUE) Is there any discussion? Senatcr Demuzio . l '
i Thank you, Madam President. Senator O'Malley, lf I might pose i a question. The Comptroller had made some requests about putting in sone language into this -- into this bill, and it never got in E there. And I was curious as to -- if you could explain to us what's the reason why.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O dMalley.
Senatorr thank you for bringing that upz and I'm glad to ' elarify that for everybody . The -- the request regarding the Comptroller ,s language came at a time when I indicated to you that ! I'd be -- I'd be more than happy to entertain it. As you may or may not knowr T am not a member of *he conference commLttee on : this partlcular bill. And the language that you're requesting ended up not being included . However, I think lt's importan: for you to note that at the time you made the request of me, this bill I had already -- the Conference Committee Report had already been filed in the House. And it was the opinlon of any to go ahead and i file the opinion here. Might also point out that the conference committee was adopted by -- that the Report was adopted by the I 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13: 1993 House last week, with a pretty substantial support. .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio.
. Well, Senator O'Malley, this has only been, I guess, on our desks for about an hour here. And it just seems to me, we got the rest of the afternoon, by the time that the budget is going to be ready for presentaticn to the Senate. Sor the things that Senator Netsch, the comptroller, was referring to are pretty important to her, and so, I would just ask, perhaps, our Members on this side to vote Present on this bill. And perhaps we can go to a conference committee and have her language added into it, and then we can come back this evening and approve everybody 's. So I would request a Present vote on -- on this bill, at khis time.
PRESIDING OPFICER: (SENATOR DONAHUE) Further dlscussion? Senator Shaw. SENATOR SHAW; Wi11 the spcnsor yield?
PRESIDING OFFTCER: (SENATOR DONAHUE) Indicates he'll yleld, Senator Shaw .
Is anything in this bill dealing with incinerators?
PRESIDING OPFICER: (SENATOR DONAHUE) Senator O'Malley.
Gee, I -- I don't know Why you Would ask that, Senator Shaw. But thank you for askin: that. Let me answer, no, not that I'm aware of.
PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Seeing none, Senator O'Malleyr to close.
47 STATE OF ILLINOIS 88:H GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day Culy 13r 1993 I -- very briefly. There 's quite a feW provisions in this Conferenee Committee Report, and while I appreciate the -- the I suggestion made by Senator Demuzio that somehow there shouldn't be support coming from the other side of the aisle for this . particular eonference committee, I'd only remind everybody that it has already cleared the House; all it waits is for us to act on it, and then it can be sent on to the Governor. I would ask for support from b0th sides of the aisle, and appreciate your consideration. PRESIDENG OPFJCER: (SENATOR DONAHUE) The question is# shall the Senate adopt the Conference Committee Report on House Bill 1974. Those in favor w111 vote Aye. Opposedr Nay. The votlng is open. Have a1l voted who Wlsh? Have all voted who Wish? Have a11 voted who wlsh? Take the record. On that question, there are 54 Ayes, no Nays, and 1 voting Present. The Senate does adopt the Conference Committee Report on House Bill 1974, and the billr having received the required constitutional majorityy is declared passed. Conference Committee Reporty Senate Bill 273. Madam Secretary. ACTING SECRETARY HAWKER: First Conference Committee Report on Senate Bill 273. PRESIDING OFEICER: (SENATOR DONAHUE) Senator Cullerton. Take it out of the record. Conference Committee Reporty Senate Bill 483. Senator Hawkinson. Madam Secretary. ACTING SECRETARY HAWKER: First conference CommitEee Repork on Senake Bill 483. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson. SENATOR HAWKINSON: Thank you, Madam Fresident. Senate Bill 483 Conference Committee Repor: contains a number of provisions. Perhaps the 48 STATE OF TLLINOIS 88:H GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Leglslative Day July 13, 1993 most important provision is the original bill, which deals with the subject of aggravated assault against a correctional officer. We -- ln the Conference Committee Report it's been amended fron ''officer'' to ''employee'' although the original intent was to cover al1 correctional employees. This is aimed at protecting our correctional guards and other employees in our correctional I institutions, and we passed it overwhelmingly earlier. The House has receded from the use immunity amendment, which ran into some difficulty here in the Senate, and that's gone from the Conference Committee Report. Provisions of House Bills 49, 52 and 53 are ' . E included in here. They deal with possession of a machine gun and a loaded machine gun in the area of a motor -- passençer area of a I motor vehicle. They deal with third-time cffenders on armed violence, and they deal with armed violence penalties committed near a school or a park as part of gang activity. 1* has a ' provision in it that was in Senate Bl1l 956 last evening on the closed-circult televisionr and I see Senator Mclaro about to rise ' on that provisicn. I mightr in explanation of that provision, add that it ls tighter than the one that we dealt With earliery because it requires the approval of the circuit court before the closed-circuit televisicn can be used, including the rules must be ' approved by the circuit court. It raises the penalty on a second convictlon for domestic battery from a Class A misdemeanor to a Class 4 felony, and the same is true for the seccnd violation of an order of protection. And finally, the Child Sex Offender I Registration Act is amended to include a conviction for child pornography or federal sex offenses. This is done in response to khe situaEion -- excuse me -- several weeks ago, in the suburbs, where a particular individual Would -- had been released after ; sentencing on child pornography, was not subject to the Registration Acty and it received some publicity, because that ! offender had told the -- the court that he intended to kill the 49 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislattve Day July 13: 1993 next chlld that he saW. So, this Would add child pornography or federal sex offenses to the registration provisions under the Child Sex Offender Act. I Would ask for your affirnative vote on ' Senate Bill -- 483, and be happy to try and respond to any questions. ' '
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? Senator Molaro . !
Well, in -- tn the way of conments. You learn somekhing here as a freshman, when you get in the last couple of daysr that a I eonference conmittee report comes by you, and it has seven or eight things in it of whieh seven you agree toy one you donit, and l noW youdre stuck trying to figure out what to do. NOW: I just want to bring up this closed-aircuit TV thing one mcre time, and I probably for the last time. I've spoke cn lt three or four times. It was supposed to be amended. We defeated it in committee. We I -- we quit work on it, and all of sudden it keeps risin: from the l ! dead. About 1200 tn England, one of the big reasons for the Magna Carta was so the king couldn't come up, and he could come up and say, ''You 're convicted.'' They said, ''Wait a minute. What about a trial?'' ''Well, Pete, we had a trial, and people spoke against i you . And you were convicted.'' ''Wel1e what about having me there, and what about having these people who are accusing me of things ! face me? I want my accusers to face me. When someone 's up there testifying, I want to see them testify in front of me.'' That was ( the reason they had a revolution in England, about hearsay and about people saying thtnqs about you Wlthout you beinq here. Well, wha: *his parE of lt says -- and -- and -- and I understand I that Senator Hawkinson say We may have made it better but -- because we're going to allow judges. What we, as lawmakers -- and ; that's What we're called sometimes and on TV, lawmakers - we're saying that may allow the defendant -- thak now you may allow the 50 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 I ! defendant to personally appear at any pre-trial or post-trial I proceeding by way of closed-circuit televlslon. So what you're ; going to do is you 're going to have a -- a defendant whoIs accused and can't make bail - because a1l it says is you have to be incarcerated - you can't make bail; you have them sitting in I : Joliet. So when you had a pre-trial motion - say, a motion to ! suppress, which is the big thing; lf you can 't win a motion to suppress, you might as well plead guilty - and have fcur or five or six police officers or other people testlfy, you can have the lawyer sitting at 26th Street with the defendant at -- in Joliet, ! and he can't even see the people who are testifying against hlm. %ou don't have the lawyer being able to talk to his defendant. I You'll have a lawyer sitting at the table, with the defendant two ; hundred mlles away, having somebody testify against him. And the reason we bring thts up now is because the sheriff says lt costs ! tOO mueh to transport them, or the sheriff says it may be a safety ' issue. Well, that's ridiculous to take people's rights away i because it may cost a few dollars to transport them . The other part of it is, if the defendant who's accused of the same exact ! arine-havingthesameexactmotiontosuppress-ifhecouldget the thousand dollars cash and bail himself out, then he could have f the people who are accusing him say it in front of him . But if you can't make bail and you're incarceratedr then you're stuck in i Joliet, and we're not going to transport you up, because it costs too much money. Ncw, I think it's sad if we're going to pass laws - laws, because Nedre lawmakers - we dre going to pass a 1aw that allows the judge of a circuie to deny khat defendant the opportunity to have his accusers and say, ''Say it in front of me. i I want to be there when you 're going to have such an lmportant thing as a motion to suppress heard. I Want it done in front of me. I want ny accusers to come fcrward and do it in front of me.'' And I think it's wrong for us to say, ''We don't have to do thaty'' I 51 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 and it's also wrong to sayr ''If you don't have the thousand ; dollars to get cuee toughz you don 't get eo see it in front of youo'' And I think it's Wronq. PRESIDING OFFICER: (SENATOR DONAHUE) , Further discussion? Senator Shaw. .
Yes. Will the sponscr yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indieates he 'll yield, Senator Shaw.
On the Section dealing with the dropping of objects over a underpass, on a -- I assume that's a -- a interstate or some highway, how -- would you explaln -- if I'm in Chlcago and dropped a -- a rock off of a -- a overpass, on an interior streety what happens at that pcint? 1
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
The bill talks about dropping on a highway. It Would have to meet the definitlon of a highway under the Traffic Cade.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shau. SENATOR SHAW : I Thatls the -- to this Section: Well, why Wouldn't we lnclude those -- wellr a11 overpass? Because there's a -- there's a -- sometime in Chicago, in ny district, as a matter of fact, this happens a1l the time. Why Wouldn't we include this in here? I
PRESIDING OFFICER: (EENATOR DONAHUE) Senator Hawkinson. j
Well, of course, many roads in municipalities would qualify as j highways. If you think we ought to expand itr I think that'd be a 52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 subject of anather billy and I'd probably support you on that.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw . SENATOR SHAW Welly the only thing I'm saylngy I think it should. be the subject of this Conference Reporty and -- long as we're passing. We bave not passed it yet. That should be the subject of this Conference Repcrt, and I would appreclate it if you would probably - - if this conference would go down, and send it back and order a Second Conference Report. I think this -- this would be the second one would be coming up. And: I think -- because you have neglected a lot of people here, and people have been lnjured in my ! district all the timer and it's not qualifted as a State highway. But certainly, the street that I'm talking abcut, in Chicago , and certainlyr I think that those people deserve some protectlon under lawr too.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
Well,Senator,itdoesn'thaveto beaStatehlghway. If it 1 meets the definition of highway anywhere in this Statey Whether 1 it's an interstate, whether it's a StaEe hiqhway, whether it's a county hlghway, whether it's a township highway, and many of the i streets in Chicago would qualify. I understand your concern. The House has passed this. There's not going to be tlme for this second report youdre suggesting, this year/ and thatlll be the subject of anokher bill. If you don't want to vote for it, that's fine. PRESJDTNG OFFICER: (SENATOR DONAHUE) ' Senator Shaw.
That's a11 right. I 53 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 !
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussicn? Further discussion? Senator Hawkinson, to l close.
I won 't go over the many lmpcrtant provisions again in this billy other than to indicate that there are many. But in brief response to the issue of closed-clrcuit televlsion, I would -- I'm not sure T disagree. I think I probably agree with Senator Molaro, on the example that he gave. And I don't think on a suppression hearing that thls could be used, because T think that would be a i constitutional violation. And this bill specifically says that it cannot be used where the defendant's presence is constitutionally required. And I think in a suppression hearing, it Would be constitutionally required. But I think what that argument -- the other parts of the argument ignore is that technology has advancedy and this is not some sort of picture ehere the defendant's just lookinqy or theydre just looking at the defendant. This is interactiver two-way closed-circuie television, Which is used very successfully in Peoria County. It - - it serves ta -- to safeguard transportation of prisoners. It Will be used in situations other than those, I thinkr that are outlined in the argument here. It has already passed, last nlght, in Senate Bill 956. But there are many other provisionsz and I think the most important one is the trailer language that We need here for the aggravated assault on our correcfional employees. And I would urge your Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall the Senate adopE the First Conference Committee Report on Senate Bill 483. Those in favor will vote Aye. Opposed, Nay . The voting ls open. Have a1l voted who wish? Have a1l voted who wish? Have a11 voted who wish? Take the reeord. On that questionr the Ayes are 48, 5 Nays and none -- and 4 voting 54 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993 Present. The Senate does adopt the First Conference Committee Report on Senate Bill 483. The bill, having received the required three-fifths majority, is declared passed. Committee Reports.
Senator Weaverr Chairman of the Committee on Rules, reports that the followin: Legislative Measures have been assigned to committees: Referred to Appropriations Commlttee Conference Committee Report to Senate Bills 946 and 4l9 -- pardon mer that was Senate Bill 946 and House Bill 419: Be Approved for Consideration - Conference Committee Report to House Bill 2282.
PRESIDING OFFICER: (SENATOR DONAHUE) We'll go back to -- or go back on Senate Supplemental Calendar No. 1 to pick up Senate Btll 273 for Senator Cullerton. Madaï Secretary.
First Conference Committee Report on Senate Bill 273.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.
Yes. Thank your Madam President: Members of the Senate. Thls conference committee. the Souse is receding from House Amendment No. 1. This was an amendment that Was found to be objectionable to the Members of the Senate, so we 're taking that out. The bill - - the underlying bill required a 1aW enforcement officer to remove dangerous weapons from the scene vhen the officer has probable eause to believe that the person has been abused by a family or household member. That was drafted and did pass the Senate by the National Rifle Association, with their approval. The new section that's added by the conference committee, Which just was approved by the comnittee - Judiciary Conmittee - todayz further amends the bill to amend the Human Rights Act. It permits neetings with Equal Employment Opportunity officers of State 55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 agencies with an aggrieved employeew to -- this would allow and permit the employee to be accompanied by and represented by an attorney, or by a representatlve of the employee association to which that employee is a member. And then We added language that ! would guarantee the -- that the confid entiality of the non-attorney representatives would be enforced and protected. Be 1 happy to answer any questions, and ask for a favorable vote. PRESIDING OFFICER: (SENATOR DONAHUE) ' Isthereanydiscussion? Any diseussion? The question is, ( 1 i shall the Senate adopt the Conference Committee Report on Senate , Bill 273. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have a11 voted w1o wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that question, there are 56 Ayes, no Nays and none voting Present. The Senate does adopt l the First Conference Committee Report on Senate Bill 273, and the bill, having received the required constitutional najorityr is ! declared passed. Page 9 of your regular Calendarr under Secretary 's Deskr Resolutionw is House Joint Resolution 65. Madam i Secretary . ACTING SECRETARY HAWRER: I House Joint Resolution 65. PRESIDING OFFICER: (SENATOR DONAHUE) l Senator Madigan.
Thank you, Madam President. House Jolnt Resolutian 65 is a follow-up to House Joint Resolution l that passed the Senate I unaninously in this Session. Basically, What House Joint Resolution 65 does is clarify those duties and responsibilities I that were contained in House Joint Resolution 1. IE adds the Secretary of State, or a designee, as a nonvoting member of the task force and would subject the task force to an audit by the Auditor General, and using generally accepted accounting 1 1 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION éENATE TRANSCRIPT 77th Legislative Day July l3# 1993 principles. I Would be glad to answer any questions cn House Joint Resolution 65.
PRESIDING OFFICER: (SENATOR DONAHUE) Is' there any discussion? Seeing noney Senator Madigan mcves the adoptlon of Senate Resoluticn -- or House Joint Resolution 65. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. ..otmicrophone cutoffl...that question, there are 53 Ayes, no Nays, and none votin: Present. House Joint Resolution 65 is adopted. Senator Mahar?
Thank you, Madam President. For the purpose of an announeement, the Senate Environnent and Energy Committee was scheduled -- or there Was a posted meeting for 1:30 today, to consider House Bill 1821. I'd like to announce that we will meet at the -- at the call of the Chair.
PRESIDING OFFICER: (SENATOR DONAHUE) Any other announcements? Senate Will stand in recess until the hour of 3 p.m. ...lmachine cutoffl...could have your attentlon one more time. Announcement is that Senate Appropriations Will meet in Room 212 at 2 p.m. It has been posted, but we need ta make that announcement. 2 p.m. 212. (SENATE STANDS IN RECESS) (SENATE RECONVENES)
The Senate will please come to order. Senator Donahue, for 57 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993 what purpose do you rise?
Well, thank you, Mr. President. I would like to request a Republican Caucus in Senator Pate Philip's Office immediately. And those of you that are in your offices, please come as quickly as yOu Can.
Al1 right. The Senate will stand at ease until 4 p.m. Senator Cullertonr for what purpose do you rise?
Yes. Thank you, Mr. President. I would request a Demccratic Caucus in Senator Jones' Office immediately.
A1l right. That request is always in order. Senator Jones' Office for the Democrats. We'11 be back on the Floor at 4. (SENATE STANDS AT EASE) (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DUDYCZ) . tnachine cutcffl...come to order. Committee Reports.
Senator Maitland, Chair of the Committee on Appropriationsy reports that the First Conference Committee Repork to House Bills 4l9 and Senate Bill 6l7 and 946 Be Approved for Considerakion.
PRESIDING OFFICER: (SENATOR DUDYCZ) Messaqes from the House.
Message from the House by Mr. Rossi, Clerk. 58 STATE OF ILLINOIS . I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 77th Legislative Day July 13: 1993 Mr. President - I an directed to -- directed to inform the Senate that the Hause of Representatives has adopted the I following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 68. Adopted by the House, July 12, 1993. It's congratulatory.
PRESTDING OFFICER: (SENATOR DUDYCZ) Consent Calendar.
A Message from the House by Mr. Rossi, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused tc recede from their amendments numbered 1 and 2 to a bill of the following title: to wit: Senate Bill 706. I am further directed to inform the Senate that the House of Representatives requests a Flrst Committee of Conference, to consisk of five Members from each Houser to consider the differences of the two Houses in regard to the amendments to the bill. Action taken by the House, July l3, 1993.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Farley moves Eo accede the request of the House that a conference committee be appointed. All those in favor Will say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the Senate accedes to the request to appoint a conference commlttee.
A Message from the House by Mr. Rossip Clerk. Mr. President - I am directed to inform the Senate that the Hcuse of Representatives has concurred With the Senate in the adoption of the following joint resolutiony to Wit: I 59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 Senate Joint Resolution 20, with House Amendment No. 1. I Passed by the House, July 13, 1993. SECRETARY HARRV: ' , A Message from the House by Mr. Rossi, Clerk. Mr. President - I.am directed to inform *he Senate that the House of Representatives has eoncurred With the Senate ln the passage of a bill of the following title, to uit: Senate Bill 284, with House Amendments l and 2. ! Passed the Houser as amendedy July 13, 1993: by a three-fifths 1 vote. I We have a like Message on Senate Bill 358, With House Amendments l and 3. Also passed the House, as amended, July l3, 1993, by a three-fifths vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Resolutions.
Senate Resolution 710: offered by Senators Severns and Welch. It's substantlve. Senate Resolution 711, offered by Senators Philip and Jones and all Members. Senate Resolution 712, by Senator Smith. Senate Joint Resolution 83, offered by Senators Philip and Dudycz. They 're a11 congratulatory, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Consent Calendar. We W1ll now proceed to the Order of Resolukions Consent Calendar. Wlth leave of *he Body, a11 those read in today Will be added to the Consent Calendar. Mr. 1 Secretary, have there been any -- been any objections filed to any resolutlon on the Consent Calendar?
60 STATE 0F ILLINOIS I 88:H GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 There have been no objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discusslon? zf not, the questlon is, shall the ' resolutions on the Consent Calendar be adopted. Al1 those in - I favor, say Aye. Opposedr Nay. The motion carries, and the resolutions are adopted. Senator Lapaille, for what purpose do you rise? SENATOR LaPAILLE: ! On a point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR LaPATLLE: Mr. President and Ladies and Gentlemen of the Senate, during the debate of Senate Bill 1l05r Senator Rauschenberger made reference that what I said about funds being hit through Fiscal '92, as Well as Fiscal '93, when we were taking money out of funds and putting it in the GRF: Was wrong. I would like to correct that: to Senator Rauschenberger. If he kould look at the Comptroller's annual report for Fiscal '92, and go to page 20, he will see that the Dramshop Fund, which was one of the funds that will receive these increased fee increases, in Eiscal '92, 1.8 million was taken out, due to the Emergency Budget Transfer Act; in Fiscal '93, three million was taken out pursuant to Senate Bill 45. And the Design and Professional Administration and Investigation Fund, Which is a -- another fund whleh was in his bt11# five hundred thousand Was taken out, pursuant to the Emergency Budget Act -- Transfer Act in Fiscal 192. So I would want the Membership to know that I did do my homework. I have worked under and with Carter Hendren. He's always been my alter ego when it comes to matters like this, and I Want to make sure that Carter was not disappointed that I did not do my adequate research. Thank you very much. ' j 61 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3# 1993
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Pawell, for what purpose do you rise?
Point -- point of personal prlvilege. PRESIDTNG OFFICER: (SENATOR DUDYCZ) ' State ycur point.
May I remind my colleague on the other side that While those enhancements to the budget were made, the Appropriations Committee was indeed controlled by Members of your Partyy in both the House and the Senate, and it was their idea.
PRESIDING OFFICER: (SENATOR DUDXCZ) Conference Committee Reports. On Supplemental Calendar No. 2 is the Order of Conference Committee Reports. Mr. Secretary, do you have a file on Conference Committee Report on Senate Bill 617?
First Conference Ccnmittee Report on Senate Bill 617.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Maitland .
Thank you very muchr Mr. President' Members of the Senate. I Would flrst of a1l move that the First Conference Committee Repart on Senate Bill 617 be adopted <sic> and request a No vote. There are errors here. We're going to have to dump it. I would request, therefore, a No vote.
PRESIDTNG OFFTCER: (SENATOR DUDYCZ) Any discussion? If not, the question is, shall the Senate adopt the Conference Committee Report on Senate Bill 617. Those in favor will vote Aye. Opposed, Nay. And the voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted Whc Wish? Take the record. On that question, the Ayes are 4, the Nays are 27, those voting Present are 3. The Conference Ccmmittee 62 STATE OF ILLINOJS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 Report is not adopted, and the Secretary shall so inform the House. Resoluttons. On -- on Supplemental Calendar No. the Order of Secretary 's Desk, Resolutlons. Senator Phillp, do you wish your resolution considered? Mr. Secretary' read the resolution.
Senate Joint Resolution 82# offered by Senator Philip.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
Thank you' Mr. President and Ladies and Gentlemen of the Senate. Senate Joint Resolution 82 would be a study of workmen's compensation system ln Illinois. The reporting date January 15th, 1994. It consists of nine membersy the Governcr appointing flver and each one of the Legislative Leaders appointing one. 1411 be happy to answer any question, and hope that I Would have some green votes up there.
PRESIDING OFFTCER: (SENATOR DUDZCZ) Any discussion? Senator Jacobs. SENATOR JACOBS) Thank you, Mr. President, Ladies and Gentlemen of the Senate. Not to belabor tbe polnt, but, just a question of *he sponsor, and that is, Senator, do you feel that a seven-to-two makeup on this board ls actually fair?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip .
Yes. It's bipartisan by nature.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Jacobs.
Bipartisan with the Governor appointing five, each of the 63 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 77th Legislative Day July 13r 1993 Leaders appointing one, that Will give us a bipartlsan membership. Correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
The Gcvernor is golng to appoint members of the labor communlky and members of the business community. His attitude is to appoint: I think, an equal amount.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussicn? Senator Palmer. Senator Palmer.
Thank you, Mr. President. A question of the spcnsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Palmer.
Senator Phillp, I have sat on many meetings -- in on many meetings now on workers' compensatlon, and it was my understanding that there was an agreed-bill process. Is this part of that agreed-bill process?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
It -- it nay be. I hope is. I -- I'm not sure that there's an agreement on the workmen's comp bill yet. And it's flcatin: arcund here somewhere. Tf it does passr I would hope that this -- this would inplement that and be the commission that Would study it and report back to us.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.
Thank you, Mr. President, again. Well, the the Workers' comp bill that I saw included a task force and included 64 STATE OF ILLINOIS j 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 appointments - bipartisan appointments - and also a Governcr's appointmene. So, T'm not sure why we have a resolution outside of that agreed-bill process.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Lapaille. SENATOR LaPAILLE: Yes, Mr. President, on the resolution. For Members - and I was not even around when -- when it occurred last time - when you had a Denccratic Governor. '72 to '76, organized labor came into the General Assembly and did changes in the workers' compensatlon system, as well as the unemployment system. And We are still payin: for many of those changes, because you had a Democratic House, Senate and a Governor's Office . By doing thisr and -- going away from what we have been accustomed to the last ten years, where business and labor would s1t down together equally and decide what was best and reform the systenr we will be again embarking on that road, but it'll have the reverse effect. I would say that this a wrong course to take, to have a committee that's going to be seven business-orientated <sic> representatives - if you like it or not, that's wha: it's gcing to be - to two union-orientated <sic> members. We are going to embark on what we: as a party, basically did Wrongly, in '72 to '76, because we had control. I would say that we should do what wefve done the last ten years, under Speaker Madigan and Senator Phil Rack, where you put labor and -- and management together in a room and yau tell them to uork ou* a plan, and you use your offices to try to encourage a -- a suitable solution that does not hurt business, nor labor. I would ask for the defeat of SJR 82.
PRESIDTNG OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Palmer, for a second time.
Thank you. And I apologize for rising for a second time, but 65 STATE OF ILLTNOIS 88:H GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993 I want our side to be clear that, in fact, what Senator Lapaille has just said has taken place. Labor and management have sat down, and there ls a bill. So, to pass this is to bypass the prccess that was agreed upon.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Mecracken.
Thank you. Let's -- let's put this in its proper historical context. When the agreed-bill process took place ten years agor it was fueled by two concerns, as recall. First, We were in a historically high deficit in this State: which was strangling all of us . Second, in the ten years since then, the effect of the agreed-bill process has largely been to protect the Demccratic gains made from 1972 to 1976. So: in fact, not everybody thinks the agreed-bill process -- process has been the greatest thing since the invention of sliced bread. Nok, I'm not saying that we're declaring war and that we're throwing the agreed-bill process out. But if you put this in its proper historical perspectiver it may be time to look again at whether the agreed-bill process of the last ten years has done as well as some claim . I believe a11 We are authorizing here is a study or a task force to study this issue in light of today's economic realities. I don't believe that's too much for us to ask.
PRESIDING OFPICER: (SENATOR DUDYCZ) Any further diseussion? not, Senator Philipy to close.
Thank you, Mr. Prêsident, Ladies and Gentlemen Of the Senate. Reflecting on historyr was here in 1974, when we -- *e should say your side of the aisle - passed the largest increase in Workmen's conp and unemployment compensation in the history of the State of Illinois. We had a Democrat House, a Democrat Senater a Demccrat Governor. Governor Walker signed that bill. The sponsor 66 STATE OF ILLINOIS 88*H GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 - the Democrat sponsor of that bill - was defeated the next election. Nok We have suffered, because at that point, we were ) the number one state out of fifty states in workmen's comp. Now , we have whittled that down a little bit. Welre still in the top ten states. If you would go to DCCA and look at their surveys when companies nove out of Illinois, or don't expand in Illinoisr or don 't come to Jllinois, the number one reason is hlgh workmen 's comp. 1'11 give you an example. During the last election, I stopped at a coffee truck on Mannhiem Road by the tollway and talked to the guys that were working there on the toll hlghway. Found out a1l cf them were from Indlana - Indiana - Working on our tollway. Why? Because the company and the contractor they Wcrked for could bid the job cheaper, because they have low workmen's comp in Indlanae lower than Illinois. It puts us at a disadvantage. This simply is a study to recommend for the General Assemblyy and I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip moves the adoption of Senate Joint Resolutlon 82. Those in favor will vote Aye. Oppcsed Will vote Nay . And the voting is open. Have a11 voted who wish? Have all voted who wish? Have a11 voted Who uish? Take the record. On that questiony there are 32 Ayesr 24 Naysr 1 voting Present, and the resolution is adopted. With leave of the Body, we will return to the regular Calendary page l0. Middle of the page. House Bi11 990 -- 991. Senator Trotter. Mr. Secretary, do you have a file on Conference Committee Report on House Bill 9917
Flrst Conference Conmtttee Report on House Bi11 991.
PRESTDING OFFICER: (SENATOR DUDYCZ) Senator Trctter. :
Thank you very much, Mr. President and Members of this Body. I 1 67 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRTPT 77th Legislative Day July l3: 1993 Second Ksic> (First) Conference Committee, House Bill 991: made some changes from the original bill, which reincorporated the provisions of House Amendment Na. l to House Bill 1591, Which prohibited the advertisin: availability of services provided by a Specific provider and indicated that 'a Consumer shculd Obtain access to services provided by use of an emergency telephone number 1-1-1 <sicb. There are about fifteen other initiatives in ' this bill. Theydve a11 been agreed upon by the Membership , and 1 there are no opponents that I know of. If there's any questions, I'm willing to answer them .
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question ls, shall the Senate adopt the Conference Committee Report on House Bill 991. Those in favor will vote Aye. Opposedy Nay. And the voting is open. Have al1 voted who wish? Have a11 voEed Who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 55z the Nays are none, none voting Present. And the Senate does adopt the Conference Committee Report on House Bill 991, and the bill, having received the required three-fifths majority, is deelared passed. We Will -- we Will return to the Order of Conference Committee Reports on Supplemental Calendar No. 2. At the top of the page, we have House Bill 419. Senator DeAngelis. Mr. Secretary, do you have a file on Conference Committee Report on ! House Bill 419? SECRETARY HARRY; j First Conference Committee Report on House Bill 419.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. House Bill 4l9 is the general obligation appropriation bill, and I would like to defer to Senator Maitland for further explanation. 68 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 77th Legislative Day July l3, 1993
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Maitland.
Thank you very much, Mr. President: Members of the Senate. House Bill 419 -- Conference Committee Report on -- on House Bill 4l9 does increase the GO -- GO bond authorizationr by a total of eight hundred and Ewelve nillion dollars. Increases are -- are provided for -- for Educatlon, Corrections, Mental Health, Conservatton, State facilities, water resources, anti-pollution categories. I would be happy, Mr. President, to respond to any questions.
PRESIDING OFFICER: (SCNATOR DUDYCZ) Any discussion? Senator Severns.
I would just add that we need to support this bill to make the budget come togethery and would hope that we see green lights on this side.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall the Senate adopt Conference Commlttee Report on House Bl11 419. Thcse in favor Will vote Aye. Opposed Will vote Nay. And the voting is open. Have a11 voted who wish? Have all voted who Wish? Have a1l voted who Wlsh? Take the record. On that questionr the Ayes are 48# the Nays are 7, those voting Present are 1. The Senate does adopt the Ccnference Committee Report on House Bi1l 419, and the billr having recelved the required three-fifEhs majority, is declared passed. House Bill 2282. Mr. Secretary, do you have a file on Conference CommiEtee Report on House Bill 2282?
First Conference Committee Report on House Bill 2282.
IRESTDING OFFICER: (SENATOR DUDYCZ) Senator Watson. 69 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13# 1993 ; i
Yes. Thank you, Mr. President. Thls legislaticn is the I : Chicago Learning Zone. The Conference Committee Report deletes everythlng and now becomes the bill. Tt calls for the development of .a Learning Zone, based on the recommendations of a seventeen-member advisory committee, and that committee would consist of the following members: the Governor; the State Superintendent of Schools; Chieaqo School Board President; Chiqago Mayor; two Chicago Teachers' Union representatives; two representatives from other Chicago school unions; one Chicago principal; two local school council representatives; two representatives from civic organizations) and four Legislative Membersr one appointed by each Leader. The comnittee, then, would develop a proposal for the creation of a Learnlng Zoney including the location and the size of that proposed zone. They would not -- they would then report back to the General Assembly and to the School Finance Authorley, the Governorw and the Chicago School Board, by January lst of 1994. Ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question is, shall the Senate adopt Ccnference Committee Report on House Bill 2282. Those in favor will vote Aye. Opposed w1ll vote Nay. And the voting is open. Have al1 voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record. On that questlon, the Ayes are 52, Nays are 4, those vcting Present are none. And the Senate ! does adop: the Conference Committee Report on House Bill 2282, and the billz having received the required three-fifths majorltyr is deelared passed. Senate Bill 522. Mr. Secretary, do ycu have a file -- a Conference Comnittee Report on Senate Bill 522?
First Conference Committee Report on Senate Bill 522.
PRESIDING OFFICER: (SENATOR DUDYCZ) 70 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3r 1993 i senator Philip. I SZNATORPHILIP: 2 ! Thank you, Mr. President, Ladies and Gentlemen of the Senate. i If you would look at the Supplemental Calendar, the description of . . senate Bill 522 is absolutely incorrect. It doesn 't have a thing to do With motor fuel tax. What it does is, now, it's a tax i credit for manufacturers based on the current a hundred percent exemption for production machinery and equipment. This translates roughly into the following tax breaks, based upon the State local i share six and a quarter sales tax rate: in FY'95y twenty million; FY'96, thirty-five million; FY '97, fifty-eight milllon; and in 1 FY'98 and thereafterp seventy-five million. It also allows for day care incentives, a tax break for manufacturing, and for TECH-PREP, it also allows a tax credit. This is basically the ! same as House Bf11 1038, Which, as you know, was passed over here. And this isw quite frankly, an agreement between the Speaker of ' the House, the Illlnols Manufaeturlng Association and the i Governor's Office. 1'11 be happy to answer any questions. I would ask for a favorable vote. f PRESIDING OFFICER: (SENATOR DUDYCZ) 1 : Any discussion? Senator Syverson. : SENATOR SYVERSON: lmicrophone cutoffl...question? Pate? . .. PRESTDING OFFICER: (SENATOR DUDYCZ) ! Sponsor indicates he Will yield. Senator Syverscn. I SENATOR SYVERSON: i Pate, just a quick question. Now, this does not take effect till 19957 Ts thaE correc*? PRESIDING OFFICER: (SENATOR DUDYCZ) j Senator Phlllp. SENATOR PHILIP: That is correct. ' 1 71 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 77th Legislative Day July 13, 1993
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Syverson.
Do we have some assurances that this is not going to be taken out of next year's budîet when that -- when that comes around?
PRESIDTNG OFFICER: (SENATOR DUDYCZ) Senator Philip .
Well, let me say this: that -- that the Governor, the Illinois Manufacturlng -- Illinois Manufacturing Association and the Speaker have worked out this compromise. J haye not been in those meetings. I'm assuming it's an agreement on a11 sides. I don't think the Governor would have the courage to knock out. It's going to happen, in my judgment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any furEher discusslon? Senator Palmer.
Thank you, Mr. President. A question cf the sponsor.
PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Palmer.
Senator Philip, I'm just trying to understand the TECH-PREP part of this. Does this mean that manufacturers will now offer technical prep classes or are -- What is the TECH-PREP portion?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Philip.
If -- if the employees -- they'll send employees for technical prep classes, they will get a tax reduction on what they pay for that. So it's an incentive for Ehem to train -- retrain people.
PRESIDING OPFICER: (SENATOR DUDYCZ) 72 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislattve Day July l3, 1993 Senator Palner.
Thank you, Mr. President. I thought we already passed a bill earlier this Session that gave -- that permltted employees -- employers to pay people less after work, if they Were taking . education classes. So I'm not sure Why we're dolng this. And as far as I can seer this is opposed by the AFL-CIO, Which certainly should be in favor of something for TECH-PREP and for business. Soy I -- I would have some serious questions about it.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not: Senator Philip , to close .
Well, thank you, Mr. President, Ladies and Gentlemen of the Senate. I said this Was -- has been a long, dragged-out processr quite frankly, and it is a complete agreement, I have been told my the Illinois Manufacturersr the Governor, the Speaker and the labor people that Were involved. And I think thls is the only thing this Session that welre really doing for business. And I would eertainly like to see a lot of green votes up there.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall the Senate adopt the Conference Committee Report No . 1 on Senate Bill 522. Those in favor Will vote Aye. Opposed Will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted Who wish? Take the reccrd. On that question, the Ayes are 55, the Nays are 1, those votin: Present are none. The Senate does adopt *he Conference CommiEtee Report on Senate Bill 522: and the bill, having received the required three-flfths majority, is declared passed. The bottom of page 2, of Supplemenkal Calendar No. 2, is the Order of Motions in Writing to Accept Specific Recommendations for Change. Senator Hendonr on House Bill 641. Mr. Secretary, read the motlon, please. 73 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 SECRETARY HARRY: I move to accept the specific recommendations of the Governor l as to House Bill 641, ln manner and form as follows: Amendment to House Bill 641 . in Acceptance of Gcvernor's Recommendatlcns Filed by Senator Hendon. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hendon. SENATOR HENDON: Thank you, Mr. -- Mr. Chairman. House Bill 641 is the Illinois Guaranteed Jobs Opportunities Act. There kas an amendatory veto by the Governor, whc made the speclfic changes that he requested. And the sponsor and myself concur with those, and we ask for an Aye vote on the motion as suggested. PRESAny IDING OFFICER: (SENATORDUDYCZ) discussion? If notr the questian is, shall the Senate J ! accept the specific recommendations of the Governor as to House Bill 641, in the manner and form just stated by Senator Sendon. Those in favor will vote Aye. Those opposed Will vote Nay. And ' the voting is open. Have all voted Who Wish? Have a1l voted who vish? Have all voted who Wish? Take the record. Onthat questlon, there are 50 Ayes, 5 Naysr and none voting Present. The f specific recommendations of the Governor as to House Bill 641, having received the required constitutional majority vote of Senakors elected, are deelared accepted. Senator Severnz, for . what purpose do you rise? SENATOR SEVERN:: Thank you, Mr. President. I would like to move for immediate consideration of Senate Resolution 710. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Severns moves to suspend the rules for khe purposes of discharging the Committee on Executive, for the immediate 74 STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13y 1993 ! I consideration of Senate Resolution 710. A11 those in favor, Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. On Senate Resolution 710, Senator Severns. SENATOR SEVERNS: . Thank you, Mr. Presidentr Members of the Senate. This resolution simply urges the cooperation of the film and cable ïndustries to agree with ABC, NBC and CBS in adopting joint standards to reduce violence on television. The reason for thls resolutton now is a meeting of the top executlves in the movie, broadcast TV and cable industries is planned for August in Los Angeles. And at khat tlme, they are going to consider Whether cr not they want tc take steps that might at least partlally resolve the issue of television violence. This resolution urges that they do so, and I1m delighted that Senator Karpiel ls on as a hyphenated cosponsor. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mccracken: for uhat purpose do you rise? SENATOR MCCRACKEN: No particularly gocd reasonr but as long as Wedre on the subject, has anyone questioned the politically correct current thinking? Is violence really caused by television? I -- I thought violence was caused by people who committed violent acts. You know, this whole talk - it's just the latest politlcally correct rage. It's a sllly, silly thing. I hope they stand up to Paul Simon and say, ''The uay we run a private business, with the Firs: Anendment still in force in this countryy is our business.'' I Ehink lt's a bunch of hooey. PRESIDING OFFICER: (SENATOR DUDYCZ) Senakor Severns moves the adoptlon of Senate Resolution 7k0. Those in favor, say Aye. Opposed. The Ayes have it, and the resolution is adopted . PRESIDING OFFICER: (SENATOR DUDYCZ) 75 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 1 Senator Cullerton, for what purpose do you rise? l SENATOR CULLERTON: Thank you, Mr. President. Can I have the attention of the Body, please? I wonder, Mr. President, if you could please direct . our colleague, Senator Molaro, to please come dcwn out of the gallery With -- visiting with one of his constituentsr and come l ' and join us here on the Senate Floor. PRESIDING OFFICER: (SENATOR DUDYCZ) The Senate recognizes Senator Molaro in the Visltcrs ' Gallery. l Will Senator Molaro please stand and be recognized? Resolutions, ! Mr. Secretary. PRESIDENT PHILIP: Could we have a little peace and quiet? And if we Would ask the Secretary of the Senate to read the resolution, please. SECRETARY HARRY: Senate Resolution 711, cffered by President Philip, Minority I Leader Jones, and all Members. (Secretary reads SR No. 711) PRESIDENT PHILIP: I think we probably would al1 agreer Charlie Wheeler's been one of the nicest guys for a long, long period of time. In factr I saidr 'fcharlie, I -- I think that you've been here longer than T : have.'' He said, ''Wrong aqain, Pate. I -- I -- you came at -- at - - I came at your second term in the House.'' So he has been here longer than I -- I have been here longer than he has y but he ,s ; been one of the nicest guys that youfll ever want to know. I think probably our logs is Sangamon State's gain. He'11 be a great teacher over there, and -- and, Charlie, quite frankly, we're going to miss you. Why don't you come up and say a few words? CHARLIE WHEELER: ' (Speaks to the Illinois Senate) 76 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 77th Legislative Day July 13, 1993
Yes. Iy toor Want to commend and congratulate Charlie as he leave us. He's one of the first repcrters I met When I came here a little more than twenty years ago. And throughout the course of his reporting on the -- on the General Assembly, one thing you could always say: Charlie reported it accurately: because he actually dld read the bllls, more than What we do sometimes. But ' he's a fair, decent reporter, and we need many reporters like him 1 to let them know the great things that We do here in Springfield. So again, Charlie, eongratulations and Godspeed to you.
Senator Carroll, for what purpose do you rise?
Thank you, Mr. President. To speak on the resolutione Charlie: as one of those, Charlie, who came with you here to Springfield, and as a -- one of those of whom you have written a1l your years in one of the papers that happens to be from the snall town I'm from , in the northern part of the Stater we want to congratulate you and really Want to thank your because from here on in, you won't be writing about us, and we're very thankful for that. !
Senator Dunn, for what purpose do you rise?
To the resolution: Mr. President.
Senator Dunn.
Thank you. I wish to offer my congratulations to Charlie. Charlie and I used to sit next to each other in class in high school, and it's obvicus Ehat I didn't pay attention and Charlie dld . His writing skills have been superb. His honesty is 77 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13: 1993 ! kell-known. Pate, you lre exactly right. Charlie *as a good guyr not only in his writings, buk he 's been -- was a good guy in high school. And I've found that the gocd guys that Were good guys in high school has remained such, and the bad people remained the bad peopler as Well. But We'll miss him in his Gridiron, and thanksy Charlie.
Just for your information: that resolution was on the Consent Calendar.
PRESIDING OFFTCER: (SENATOR WATSON) Commlttee Reports.
Senator Weaver, Chair of the Committee on Rulesr reports that the following Legislative Measures have been assigned to ccmmittees: Approved for Consideration - motions to concur with House Amendment No. l to Senate Jcint Resolution 20, House Amendments l and 2 to Senate Bill 284, Conference Committee Report No. 2 on Senate Bill 617, and Conference Committee Report on Senate Bill 345. The Rules Committee reports that the foregoing <sic> bills arew pursuant to Senate Rule 3-9(b), exempt from the autcmatic re-referral provision of that rule: referred to the Committee on Agriculture and Conservation - Senate Bills 166 and 393; to the Committee on Commerce and Industry: Senate Bills 103, 397, 615, 814: 833, 834, 974 and 975; to the Committee on Educaeion - Senate Bills 457, 467, 540, 541, 593, 673, 812, 10747 and House Bill 242; to the Committee on Environment and Energy - Senate Bills 20, 3S, 65, 172, 214, 259, 331, 338, 530, 612, 630, 686, 710, 769, 820, 1060, 1091, 11007 and House Bills 44, 298, 332, 787, 1249, 1354, 1479 and 20657 to the Committee on Executive - Senate Bills 337, 693, 835, 837, 854, 10177 House Bills 1332, 1728, 17307 and Senate Joint Resolution Constitutional Amendment' 78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 26; to the Committee on Financial Institutions - Senate Bills 369 and 746; to the Committee on Insurancer Pensicns and Licensed Activities - Senate Bills 79r 154, 251, 307: 396, 635, 647, 691, 695, 803, 829 and 8317 to the Committee on Judiciary - Senate Bills 59y 93, 245, 454: 455, 458, 644, 657, 726, 771, 805, 832, 898, 942, 1004, 1055, 1077 Ksic>; and House Bills 246 Ksic>, 700, 766: 1129 and 16317 to the Committee on Public Hea1th and Welfare - Senate Bills 92, 256, 257, 303, 732) to the Committee on Revenue - Senate Bills 141, 174, 361, 475, 660, 699, 731, 755, 981, 983, 1011, 1012, 1035 and 1050; to the Committee on State Government Operations and Executive Appointments - Senate Bills l56 and 10057 and House Bills 99, 1120 and 1124: and to the Committee on Transportation - Senate Bills 4. 175: 2l8 and 903. Submitted by Senator Weaver, Chalrman of the Rulea Committeer July 13r 1993.
PRESIDING OFFICER: (SENATOR WATSON) Mr. Secretary, Messages from the House.
A Messa:e from the House by Mr. Rossir Clerk. Mr. President - I am directed tc inform the Senate that the House of Representatives has concurred kith the Senate in the passage of a bill of the following title, to wit: Senate Bi11 591, With House Amendment No. 2. Passed the House' as amended, July l3y 1993, by a three-fifths vote.
PRESIDING OFFICER: (SZNATOR WATSON) Committee Reports.
Senator Weaver, Chair of the Committee on Rules, reports that *he followlng Legislative Mgasures have been aBsigned to Committees: to the Committee on Transportation - Senate Bill 8097 and approved for Consideration - Conference Committee Report to 79 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993 Senate Bill 706.
PRESIDING OPFICER: (SENATOR WATSON) Message from the House.
A Message from the House by Mr. Rossi: Clerk. Mr. President - an dlrected to inform the Senate that the House of Representatives has coneurred with the Senate in the passage of a bill of the followlnq tikle, to wit: Senate Bill 358, with House Amendments 1 and 3. Passed the House, as amendedy July 13: 1993, by a three-fifths vote.
PRESIDING OFFICER: (SENATOR WATSON) Back on the regular Calendar, on page of Motions in Writing to Reconsider the Vote. Mr. Secretary, are there any motions that have been filed? SECRETARY HARRY; Pursuant to Senate Rule 7-l7(d)# the undersigned respectfully moves that Senate Rule 7-15(a) be suspended and that having voted on the prevalling side, the undersigned further moves to reconsider the vote by which Conference Committee Report No. 1 on Senate Bill 937 failed. Piled by Senator Peterson.
PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson. Having voted on the prevailing side, Senator Peterson moves to reconsider the vote by which Senate Bill 937 Was passqd. Senator Peterson.
Roll it.
PRESIDING OPFICER: (SENATOR WATSON) Okay. A11 those in favor, voke Aye. Opposed, vcte No. The voting is open. Have a1l voted who uish? Have a1l voted Who wish? Have all voted who wish? Take the record. There are 49 80 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislattve Day July l3z 1993 k votinç Yesr no voting Nor 1 voking Present. The moticn carries, and the questkon now before the senate ks senate Bill 937. Mr. I Secretary, do you have on file a Conference Ccmmittee Report on Senate Bill 937? SECRETARY HARRY: ' I I Conference Committee Report on Senate Bill 937. ! PRESIDING OFFICER: (SENATOR WATSON) I The Chair recognizes Senator Phillp. j SENATOR PHILIP: ; I Thank you, Mr. President and Ladies and Gentlemen cf the Senate. Senate B111 937: as you knowy has been a compromise Worked out between the legislative Leaders, the Governor, and the Maycr. And this is What the loose agreement is: It makes the i Illinois surcharge permanent in 1994, giving the State of Illinois 5 Seventy-five percent: local and County governments twenty-five I Percent. Changes the Local Governnental Distributive Fund from one-tkelfth in 194, one-eleventh ln '95, one-tenth in 996, and it makes it permanent. Provides for early retirement for the City of ! Chicago teachers - similar to downstate - five plus 'ive. It also l has some other educational components. It allows school districts ! downstate to use noncertified employees in study halls and detention areas. Creates a new regional superintendent of schools ' i in Cook County only. Consolidates downstate reglonal ' superintendents from flfty-six, we have ncwp to thirty-five. Allows the -- Chlcago to charge school supplies to the textbook i levy. Speeds up the State aid payments for 1994 from September to August: and last but not least, continues a lcwer reserve i i requirement fcr the City of Chicago School Finance Authority. I I'11 be happy to answer any questions, and Would hope there Would 1 r be a 1ot of green lights up there. PRESIDING OFFICER: (SENATOR WATSON) ' Further discusslon? Senator Jacobs. j I 81 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislat#ve Day July l3, 1993 SENATOR JACOBS: 1 Thank you, Mr. President and Ladies and Gentlemen of the ' senate. This is one that's a toughte. I think this is one that 1 I probably fs the most onerous of a1l the bills that We've been i dealing with. I felt that the cigarette tax Was an abuse. I feel ' 1 that tbis also is an abuse, or a breach of a pronise. It reminds me that a few years back, we impregnated the cities with a quarter-percent surcharge. And now What we 're doing, at a later date, we are aborting them at one-quarter of that. The -- We made them pregnant, Senator. We made them pregnant, by givlng them this noney. Whether it was rlght, whether lt was wrong, whether it was lndifferent, is another fssue. But here's What We're doing. I introduced a bilk earller that would have give a hundred percent of the surcharge to the city. Instead, we are taking that away from them . At the same time, we're talking about property tax relief. Here's what's going to happen over the next three yearsy Senator. The cities willy in effect, receive approximately two hundred and seventy-eight million dollars over the next three years. They received two hundred and fourteen milllon dollars this year. If they were to have received *he entire surcharge, they would have, over the next three years, received a blllion fifty-six million dollars, of even which - even which, if they would have taken half of that and we would have directed half of that to go to property tax relief - could have brought property tax relief to the cities of this State, to the tune of five hundred million dollars over *he nex: khree years. I'm no: opposed to making lt permanent, Senator. I think you're aware of that. I am opposed, however, to again balancing *he budget of this State on the backs cf many of the cities. I know the argument will be nade that we gave to the cities; we told them it was temporary; we told them not to use it for permanent activities. WeLl, I thlnk if you go back to the original debate, I 82 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legistative Day July l3, 1993 you won't find any of those comments. You might about the permanencyr but nct about spending lt for one-shot items. That come laterr and it -- become a press item r and it grew from there. The problem that we have, in this year as an example that ee're looking at tn FY '94, we say tbat the cities Will reeeive 88.4 million dollars. It's my understanding, Senatorr that the cities Were already in the budget to get forty million dollars. It's my understandlng, that forty million dollars has been removed, and they will now just receive the elghty-eight million dollars, therefore only receiving forty-eight million dollars more this year than they would have if this had not been enacted. I agreer and understand that it's part of a negotiation process. I think that what we have doney though, ls -- is a true miscarriage of justlce: whenever one gets involved in hcw Ne treat our local governments the very backbone of government. think it's a mistake. I probably will end up voting for ity Senator, only because - only because - only because, and -- and let ne make this very cïeart only because lt's important that finallyr somewhere along the line, We make clear to municipalities, just as We should make it clear to education, what their budgets are going to be for the future. I think it's important that *he cities know that by the -- Flscal Year 1996, they will receive one-tenth of the income tax -- of the income tax, in general. That's a plus. And for that reason, 1'11 probably end up voting for it, but still think that what We've done here 1s, againr to balance the budget - the State budget - on the backs of local government. And Ehink that's dead wrong, and we should have been man enough, and wcmen enough, to bite the bullet and do what Was necessary to take care of our own needsr while ak the same time ensuring that cities could live and not have to increase taxes. 'Cause I think that's , in effect, what the long-run effect of this Will be# is a property tax increase. And just wanted to say that. As I said, I 83 STATE OF ILLINOIS j 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 77th Legislative Day July 13: 1993 I probably will vote for it. I haven't even made up my mind yety Senator. I'm waiting for you to convince me.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hendon. END OF TAPE TAPE 3
Ah. Yeah . Righb. All that's going to do is make me talk a little longer, and I don't moan and groan when any of you get up to speak. I don't feel lt's right for you to mcan and groan When I get up to speak. You don't have to like what I have to say, but as an elected Senatory I have a right, just like you do, to say it. And I'm going to say it# Whether you groan lr not. Pirst of all, I wanted -- I would like to know, Will the sponsor yleld for a question?
PRESIDING OFFICER: (SENATOR WATSON) The sponsor says he will yteld, Senator Hendon.
Mr. Presldent: how much money w1l1 be raised by this tax increase?
PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.
It is not a tax increase. It's been on for four years as a temporary tax, put on by your party in the Illinois House of Representatives.
PRESIDING OFFICER: (SENATOR WATSON) 84 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13: 1993 Further discussion? Senator Berman. Welk, you 've got to turn I your light on. Youfve got to acknowledge that you want to speak. Well, you just turned it cn. Senator Hendon. Senator Hendon. SENATOR HENDON) When you -- When ycu went to the Presidenk, my light went off. I did not turn my light off. Now: respect me. I'm going to l respect you.
PRESIDING OFFICER: (SENATOR WATSON) I respect you, Senator. You have the Floor.
Thank you very much. Well, Mr. President, perhaps the Democrats did put this in, but as you knowy I was not here. And I understand that this -- this tenporary tax sunsets June 30th. I simply want to know - whether you want to call it a new tax or a carryover from a previcus tax - how nuch money is this tax expected to raise? And -- and my light is still on, by the Way.
PRESIDING OFFICER: (SENATOR WATSON) %es, lt is. Now it's not. There you go. Seey now you -- you learn now . Youdre learning how to work thls system . Senator Philip.
Four hundred and fifty-eight nillion.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.
:oW, the -- the four hundred and fifty-eight million added to what I -- added up a total of abcut six hundred million yesterday, brings to about one billion one hundred million in the total I amount of taxes - and T'm -- I'm asking this for a reason, Mr. President. I'm not being funny - about a billion dollars Worth of tax -- taxes comkng in. And I was told that there's no pork in this budget. But yet, I've read through this -- this document and 85 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT l 77th Legislative Day July l3, 1993 found a 1ot of pork. Now, I Want to knowr Why is it necessary to raise a billion dollars worth of neW taxes and yet have a11 these ! I pet projects in this budget?
PRESIDING OFFICER: (SENATOR WATSON) Was that a question?
Yes, it was.
PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.
To provide nore money for health care - as you know, one of the increases gets -- does away with the granny tax - and help education.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.
Well, I won't belabor the point. I Would simply say that those are noble ldeas, but I see a lot of pork in this budget. I see a 1ot of pet projects in this budget, even though people saidy ''There is no pork; trust us.'' There's a 1ot of pork in this budget. We can have barbecues from now on till the year 2010 with a11 the pork that's in this budget. And I'm going to vote Nc because of that reason.
PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Senator Berman.
Thank youy Mr. Presldent. Would the sponsor please yield?
PRESIDING OFPICER: (SENATOR WATSON) Yes, the sponsor will yield, Senatcr Berman.
Mr. Presidentr I understand that the language in this bill deals With the speedup or movement of the September 1993 State aid l 86 STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 ' 1 payment to Chicago for August '93. There's been discussion that I ! the question fOr the next fiscal year - starting in Chicago I September lst Of '93 and going through August 31st of '94 - is a Very Critical one. Part Of this bill addresses that. HoW does thls bill - ar discussions With the Governor or commitments from the Governor that you're aware of - relate to the speedup of the September '94 payment to Chicago for their August '94 budget?
PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.
Thank you, Mr. President. The Governor has informed the fcur Leaders that he intends to send a letter to that effect for 1994.
PRESIDING OFFICER: (SENATOR WATSON) Senator Berman.
Thank you . Ladtes and Gentlemen, I rise in support of this bill. There are some things in the bill I like; some things I don't like. But I think that it's very important to recognlze thls: There are three speciflc items, and the lten that the President just referred to, that I think are very crucial to the negotiation process that are -- that's presently going on in the City of Chicago. This bill allows Chicago to utilize its resources to address its budget shortfall. I want to underllne that. This bill doesn't give any State money to Chicago 's problems. That we will address, hopefully, ln a few minutes tn a different bill. But what it does is to keep the School Ftnance Authority withholding amount at the last year's level. That represents twenty-two million dollars for Chicago. It allows the tapping -- or the broadening use of the Textbook Fund for four million dollars. The Governor's commitment for the speedup of September '94 ta August '94 represents a fcrty-six-million-dollar availability in next fiscal year. And the early retirement 87 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3r 1993 I provision is approximately twelve million dollars. This represents eighty-four milllon dollars of Chicaqo money to use in addressing its budget shortfall for Chicago schools. For that issue alone, I urge an Aye vote on this bill. . : PRESIDING OFFICER: (SENATOR WATSON) I I Further discussion? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, What Wedre talking about is one-fourth of one percent. And I notice that the newspaper media referred to it - that one-fourth of one percent - as .25 percent. That's nok so. It's .0025 percente tf I know anythlng about math. And What this -- half of that surtax, 1 if you recallr two years ago gas made permanent for education. So,inotherwords,theotherfourthwaspermanentfor education. 1 Pour years ago, when the surtax was foisted upon us, whether We liked it or not, my party was in the minority. But my colleague - my estimable colleasue, who's now the State Chairman of the Democrat Party, was very instrunental in foisting it on all of us in b0th Houses. So, at that time, I told the municipalities that I -- which are in my district, not to expect lt again. But bhen it was tough. They needed it for Chicaga: and they got it. Now, I think the compromise that's worked out is gocd . We still need it; we still are in a bit of recession in Illinois. And I'm not one who likes to vote for a -- the raise in income tax. However, this is not a raise in income tax; this is a continuation of the surcharge. And when the Governor canpaigned for office, he -- he - - he acknowledged the -- the surcharge and the necessity for it, unlike hës opponent who said we should cut -- cut out the expenses two percent across the board. You and I know we have to pay our bills. This permanency of one-fourth of one percent will give us a 1ot of money to pay some of these bills. We have to pay off our old bills. We have more educatlon spending, more Public Aid 88 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT I 77th Legislative Day July l3, 1993 spending. And we want to emphastze welfare-to-work programs, which ) are very important, because people Nho have any sense of conscience want to get off the welfare rolls and get on the payrolls. Now, the municipalities -- and I've served as a nayor myselfr. and I have some experience in that business. The nunicipalities will be getting -- twenty-five percent of that one-fourth of one percent. Then they get, if I recall correctly, eleventh -- eleven percent -- What is eleventh -- instead of twelve, they'll get an eleventh from the income tax for the following year, and then it goes down to ten, which is a very substantial raise for the municipalities. I thlnk we can keep our governments -- local governments in business, but we also have to keep the State tn business. And I think this is a good deal. And I certainly rise in favor of this extenuation <sic> of the surtax, because we do need it and we've got to pay our bills. Let's not kid ourselves.
PRESIDING OFPICER: (SENATOR WATSON) Further discussion? Senator Rea.
Thank you, Mr. President. I realize that loeal units of government do need the moneys; that they have lost moneys in terms of the federal revenue sharing; they've lost State moneys. In fact, the twenty-five percentz in my opinion, is really nat enough of what should be provided to the units of local governments so that they can provlde the essential serviees that are necessary . But also, I'm very concerned abouk a provision that is provided within Ehis bill -- or within this Conference Commtttee Reportr and that has to do with the regional superintendents of schools. Because in there you abolish the regional superintendent of less than forty-three thousand population to begin with, and consolidate. And I think that in areas where there are small schools and where the assistance of the regional superintendenk is 89 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 I nost needed, the assistance and the services there, those are the people that are going to sufêer. J guess thaty you knowy it's late in this Session. It's a dilemma. Sometimes I Wonder about conference connittee reports, whenever we get so Rany things together there, because I like some of it and scme of it T don't like. And probably we ouqht to be deallng with separate issues. Maybe we shouldn't have conference conmittee reports. Buty anyhow, I realize the need for -- at the local gcvernment. I will support it, but at the same time, I will put in a blll to repeal that portion that has to do /1th the regional superintendent of sehools.
PRESIDING OFFICER: (SENATOR WATSON) Further discusston? Senator Collins.
Thank youy Mr. President and Members of the Senate. I realize that this is the only revenue enhancers that we will achieve this Session. And I Would like to commend Senator Jones and the other Leaders for whatever efforts that they put forth to come up With some new revenue to attempt to balance the budget, and particularly to Senator Jonesw..tmicrophone cutoffl... My -- my mike isoff. Hello. 1
PRESIDING OFFICER: (SENATOR WATSON) Maybe you should move over to Senator Shadidds desk, lf you don't mind. Can we turn hls mlcrophone on?
.. . for taking a leadership role on atkempking to try and get adequate fundlng for education in the State. It grieves me sadly to know that the budget that Will be coming before us shortly - sometlme shortly tonight - Will authorize approximately fifty mlllion -- Imean,thirty billiondollars in spending. And atthe 1 same time, there are approximately a hundred and fifteen schools - districts throughout this State - who are experieneing very : 90 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legtslative Day July 13y 1993 serious financial difficulties. Some probably won't even be able to open their doors, come September. And yet, we could not face up to our responsibility because of some prior political commitments to -- to -- to -- to -- to -- to bite the bullet and . actually ralse the lncome taxes, as we are doing, and -- and let no -- let it be said that it is no such thing as We are extending the surcharge, because that's not true. We are simply raising the income taxr and God forbtd anyone else say it's something different. And I hope the Media tell the people out there the way it is, whether you agree or disagree. They have a right to know the truth. We are raising inccme taxes here tonight. There ts no doubt about it. So if you're going to do itr I think the pecple of the State of Illinois Would much rather us do and make sure that education is a priority and funded, because the people of this State, I do believe -- thatts the reason Edgar gat elected. The only reason he got elected was because he said that he was for education and said that he would, in fact, support the surcharge for education - fcr education. That -- that's the only reason he won for Governor. And yet, I don't understand h1s politics. If this is about politics, it Would make better sense to me, if he 's going to raise the income taxes, to again go to the pecple and say to the people, ''Yes, we're going to raise it a half percent and adequately fund education in this State.'' But for me to go back home to Chicago and have ralsed taxes, and yet Chicago schools may not cpen and same of my suburban districts schools not open, it makes me feel really sad to be here. And I have let Ebe people down in my district, and the people down across the State of Illinois, when I vote for thls bill. And I know that there are some things in herey and -- and -- and because of Senator Jones, that he has fought for us to get a1l that he can get. But the pecple back home in Chicago are sophisticated enough to know that what we're taking back home for education is nothing more than 91 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 interim fiscal manipulation. Hot one dime here that this tax has yield for the City of Chicago , and that's unfortunate. And yet, when we go back homer what are We going to say to the children? You don't have -- we couldn't find the moneyr but yet thls budget authorizes approximately thirty billion dollars in spending. You know and I know that's wrong. And I would just say too, to a11 of you: to just examine your conscience and know when you leave here: whether we vote for this bill or not, that we have not done our job, and we have let the children down in the State of Illinois.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Asslstant Minority Leader Welch.
Well -- well, thank you.
PRESTDING OFFTCER: (SENATOR WATSON) Maybe youlll keep it short.
I knew you did that for a reason. But 1et me just say that this is the time when all the speeches from the last campaignr youlve got to deliver. Al1 of you folks who gave speeches about how you're fcr educationy this ls the time to prove it, because this bill provides over a hundred and thirty-five million dollars for elementary and secondary education. Many of us wanted more. Some of us wanted to see all the money go to elementary and secondary education, but ycu always -- you don't get what you always want in this business. I think that's something you have to learn When youfre ln politics. You know, two years ago we were able to ralse the income tax and nake permanent a quarter-percent increase for education. That's three hundred and ninety-five million dollars. This year we're adding a hundred and thlrty-five millicn dollars. We are starting to make progress in funding educatkon adequately in this State. Wetll never have enough money to fund education adequately, I don't think, but we are making 92 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT I 77th Le@islative Day JUIX 13x 1993 I progress. And by voting for this bill, we can make even further l j progress. You know, education is something like the weather; ' everybody talks about lt, but nobody does anything about it. This is the opportunity tonight to do something about educationr by ' voting Yes. You know, this bill has a lot of provisions. There's a 1ot of thumbprints from the different caucuses and different individuals in this Legislature on this bill. Some thumbprints, of course, are heavier than others, but nonetheless, *he fact that there's this much money in there for education, to mer warrants an Aye vote. And I urge a1l of you Nho have been given the -- been givtng the speeches in your district about how youdre for education, put up or shut up. Vote Yes, or quit giving the speeches. And tontght's the night to vote Yes, and I would urge you to vote Aye. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Jones. SENATOR JONES: Thank you, Mr. President and Members Lf the Senate. I rise in support of this conpromise package on the Conference Committee Report on Senate Bill 937. If you recall, when the Governor gave his budget address a few short months ago, in that budget address he wanted to assume and take a11 the surtax and use lt for the operations of State Government. At that time; I indicated that if the Governor wanted to take that, he should tell the people of the State of Illinois that, ''I need a tax increasez'' rather than attempt to get a tax increase through the back door. So we've haggled over this issue over the past few monthsp and wedve come to this compromise, though on a seventy-five/twenty-five split. There are nany provisions in this bill, and those of us who have had the opportunity to serve in this Body for a number of years recognize that ycu da the best you can, recogniztng that we do need to do more. During al1 these negotiationsr my number one 93 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT I 77th Legislatlve Day July l3# 1993 j priority has been to try to do what I coutd possibly do for the chtldren of the State of Illinois who must attend our public schook systems. And we did do some things as it relate to the internal operatlon of the Chicago school system , to give them what the teachers across the State of Illinois already have, and that ls a five-plus-five incentive for early retirement. We did some 1 other internal matters. And the issue, as Senator Berman has indicated, as it relate to the FX$94 speed-up payment, which ran into a glktch, but we did come to an agreement on that issue. And the Governor has assured ne in writingz as I have a letter in my office, that when this bill is signed into law, the Chicago school boards will be sent that letterr to ensure that that forty-six-million-dollar speedup will take place in 1994, August. So it doesn't give everything that everyone wants, and -- and again, I am for a graduated income tax. But I'm a reallst to the point that I recognize that that leadership has not been generated in this State, at the executive level, to push and make the children of the State of Illinois first. I recognize thatz sure: thereareseriousproblems,andinthebigbudget,thereisa b1g j bill - a blg number, a -- big dollars - sixty mllllon dollars for a supermax. That's a prison to incarcerate people. We can flnd dollars to do that: through our Build Illinois Fund. But it's amazing to me when you look at al1 those inmatesr a great I percentage of them never completed hlgh school. So it's a ccrrelation between crine and those who are incarcerated in our penal institutions and those Who drop out of our schools in the State of Illlnois. But I rise to -- and urge you to support this compromise, because thls is the compromise that we've haggled over. And We on this side of the aisler as I indicated to you - 1 which has been so accurately misrepresented in the press - that We have always had the votes for this bill. 3ut the -- the trailer bill to ccme behind it, which is the funding, is one that we had ! 94 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 ' I I Worked on together, we -- to ensure that those dollars get where I they should get, because we did nct Want to give a blank check to i the Governor to write that budget. We are -- we did achieve that objective. And so Nith -- Nith that, I urge my Members on thls side of the aisle to put those green lights on, so We can continue to take care of the business of the people of this great State.
PRESIDING OEFICER: (SENATOR WATSON) Further dtscussion? Senator Dunn. Tom Dunn.
Thank you, Mr. President. Wellr this a1l sounds very familiar to me. Matter of fact, it was just back in 1989 that I heard the thing said that Senator Welchr the Assistant Minority Leader, just said. It was about the income tax and creating the tempcrary income tax, and I was a naysayer. And Phil Rock Walked over to my desk and got down on his knee and asked me to vote for it. And I said, ''I'm sorry, Phil, I can't.'' He said, I'Why?'' I said, ''Because there's no property tax relief in this - not a dime.'' Two minutes later, he walked back to my desk and placed on my desk the Watch List for schools in the State. Guess who had the most schools on the Watch List in trouble? I did. Two days later, mysteriously, out comes a new package where we doubled the E deduction on your income tax. That was something I could support. l E That bill passed out of here, and noW here we are again today, talking about just a quarter percent, just a half a billion dollars of Hnew'' tax or of '% '' tax - call it what you will. Tt's still a tax to the homeowner. Here we are with four hundred million dollars of new revenue this year, and not one cent - not a penny - to the property taxpayer who is strugglingr and We al1 i know theysre struggling. There isn't even a guarantee that the cities Nikl rebate a penny of thks money. And, of course, the ; best way to -- to look at the future is to sometimes look at the past,andifyoulookatthepastinthisparticularinstance,the 1 k . l 95 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 cities haven't given back a penny to the property tax holders. i Oh, I know the arguments aboutz ''Wel1, your taxes would have gone E upg'' - et cetera, et cetera. There 's always an argument that can be made on either side of the issue. There's always something good in the bill; there's always something bad in the bill, if you want to defend yourself in your vote, either way. But the truth of the matter isr for al1 the haranguing and a11 the new energy that we had last year: there isn't one cent. When you go home you can't tell one of your property taxpayers that you gave then one penny. Thatls wrong.
PRESIDING OFFICER: (SENATOR WATSON) Purthet dtscussion? For a second time, Senator Hendon.
Thank you: Mr. Chairman. I just Want to clear something up that one of our Leaders said about, if you're for educatton, vote for this bl11; it's time to put up cr shut up. Illinols is forty-seventh - forty-seventh - among fifty states in funding education. We are at the bottom. We are at the bottom - the bottom. We do not prcvide educational dollars to our children right now. We are forty-seventh - forty-seventh. That is poor. And to cone out with a package Without any real neW dollars in it - - because if this passes - when it passes - we will still be forty-seventh out of fifty states in funding educatlon. That's the truth. That 's what you have to tell the children. That's what you have to tell the teachers out there. You can't give them one little o1d pencil and a broken book and tell them ''GO out there and educate the children,n and -- and then go back home and sayr ''I stood up for education.'' We are so poor that we need to do a lot just to get to the middle. So kt's not a question of being able to go out and say, ''Yes, I made a speech about education,'' and then I come here and I do this little bit. We need to do a lot. And Senator Dunn is right; there is no prcperty 96 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 I tax relief in here. A billion dollars Worth of taxes, raising fees an grannyy cigarette taxes, not a penny Worth of property tax. I an shocked. With a11 these brilliant minds on -- I especlally on the Republican side of the aisle, that always talk ' the taxpayer and the taxpayers' rights: and property tax relief, and none of you - none of yau - especialky with al1 the new faces, wlth Rauschenberger; and Lauzen, and Syverson: and my -- my feN friends that J have left in this chamber, on that side, because T don't think I have hardly any left on this side. Because when I tell the truth, whoever -- whoever it hurts, wherever it lands - Democrat, Republican - it makes me no difference. I did not come down here to make friends. When I leave here, if I don't have one damn friend from here, it makes me no difference. I came down here to represent the people of my dkstrict. There ts nothing in here for education. I don't care who says it - my Leader, your Leader - it's a billlon dollars worth of taxes, and Governor Edgar is golng to have to pay. And each and every one of you is going to have to pay, because it'll be a Republican running against you in the primary; it'11 be a Democrat running against you in the primary, and your opponent will point out that you did nothing for education, because we wl11 still be forty-seventh out of fifty ' states tomorrow, after this bill passes.
PRESIDING OFFICER: (SENATOR WATSON) I Further discussion? Senator DeAngelis. SENATOR DeANGELIS: ! It's a -- I think youdre going to have a self-fulfllling i prophecy thoughy particularly on one of your lines. I rise in support, not reluctantly, but saddened - sad because of what has i brought us to this paint: particularly this point in time. We i have a freshman class this year, not only thelargestebut / certainly the brightest in the history of the Senate. And I feel ve need to explain to them - it is the brightest - to ensure thak 97 STATE OF ILLINOIS 88TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 i something that occurred this Session Wl11 not occur again. Everyone Nho Walks (nto this Body brings With him or her a certain innocence. I cane here fourteen years ago , left the prestdency of asteelcompany,fortwo reasons: one,Iwasconcernedabout the 1 direction of public policy; and secondly, as a first-generation American, I did not want to believe that I might be the first generation in American history that told their children they had to have less than their parents. But, you know, as in ''The Summer of '42'' you ought to lose your innocence in the rlght way. 3ut r I'm afraid this class has lost their innocence unjustly. There was, several weeks ago , either percetved or applied or real, a ' belief that an agreement had been made - that an agreement had been made. And, you know, as I look what's before us tcnight, ninety-nine percent that was there three weeks ago is here tonight. So I'n not so certain that agreement wasn 't real. In this Body - in this Body - we can tolerate a lot of things: philosophical differences, disagreements, insults, and excessive demagoçuery, and occasionally, even prejudlce. But what we cannot tolerate is distrust. There is only one thing that makes the Body that we are: trust. And without kt, we would be I virtually nothing, or without itr We could virtually do nothing. i A11 the best minds, a11 the technology, a1l the labor, cannot I survive without the most simple element: trust. It is the lubricant that makes this system work. I apolagize to our freshman class tonight, for keeping here to this date, to have done nothing, virtually, since the time We could have 1et you go home. But I wkll make you one pledge: that if it ever happens again, we will be here to Christmas, because I intend to stay there because I will not tolerate anyone Walking off out of an i agreement, or creating the kind of distrust that collapses this system. PRESIDING OFFICER: (SENATOR WATSON) ! : 98 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3: 1993 I No furtherdiseussion? SenatorPhiliprto close. 1
Thank you, Mr. President. I'd like the record to indicate that the Chicagc teachersf early retirement plan contained in Senate Bill 617 controls over the plan in Senate Bil1 937. . Senator Hendon, 1et me straighten the record out for you...
PRESIDING OFFICER: (SENATOR WATSON) Senatqr Philip, I beg your pardon. Senator Jones, for what purpose do you rise?
I feel compelled torespondtotheremarksoftheAssistant 1 Minority -- Assistant Majority Leader. Senate Bill 937 - Conference Committee Report - when we met in the Governor's Officer it was my understanding, the Speaker of the House understanding, that We were attempting to do something administratively to -- ko deal -- to deal with the serious budget deficitfaclngtheCityofChicagopublicschools. We looked at 1 that bill. At cursory view, it did have the language in there, but my very able and competent staff discovered that what We believed was supposed to be in there, was not in there. Trust. The Hcuse voted, thinklng that they were doing something to take care of the ; fiscal problem of the Chicago publlc schoolsr as it relate to the I speedup. Had we, on this side of the aisle, supported a I supposedly tentative agreement, then We Would have passed and acted on a bill that did not have the language in there. Wer on this side of *he aisle, did not have an opportunkty to partake in 1 the budget. Senate Bill 5 passed out of here on a partisan roll call vote, with a11 the cuts possible to the social programs for the needy people and loaded with many, many, many pork barrel I projects for people on your stde of the aisle. I did not set the I agenda. We argued the rules in January. You have the majority; you won. Senator Pate Philip, the Senate President, has a11 the 99 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th begislative Day July 13, 1993 authority to set the schedule. I did not decide that We shall be i here on this date in July, because I do not set the schedule. But i these Democrats on this sîde of the aisle were not about -- ready I to vote in the blind on a budget. We oWe it to our constituents I to do the rîght thing. And When we came to an agreement thab we'regoingtodothesethings,ifwehavetodothebudget,Wedre ) going to be here anyhow. So what was the hell in trying to run 1 ! 937 through? It's a joke. So there was no agreement, as such. i It was tentativer and my caucus rejected ity and they rejected it ' and I stood for them. And Idon't Want anycnez especially the / freshman legislators that are here, don't vote in the blind. Know what you 're votlng on, and have some input from your constltuents. I We got that, and -- and it is an agreement. It doesn't have everythingthateverybodywantsinit,butit'sanagreement. But J had we voted after midnight on July 1, what you thought we had a tentative agreement on there, the people Who supported it: thinking it kas in there, would not have. Trust. And I'm glad I trust the competent staff we have, because they looked at it and said, ''Senator, it's not here.'' And that's Why We're here today.
PRESIDING OFFICER: (SENATOR WATSON) I No furtherdiscussion? SenatorPhilip,toclose. j i
I Thank youz Mr. President, Ladies and Gentlemen of the Senate. And I wculd like to set the record straight, Senator Hendon. If you would take the money the State spendsr per student, per year, you'd be absolutely correct. Forteenth -- we rank -- we rank forty-seventh. But when you put in real estate taxes and the limited federal taxes: we rank fourteenth. Just so you get thak I straight. Fourteenth, per student, per year. NoW, my good f friend, Senator Jacobsr I never impregnated any cities. And, ! quite frankly, I didn't know a11 the cities Were female, but I want you to know that I'm innocent. I'm going to refresh your ! I l00 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 memory a little bit. In 1989: when we passed the so-called temporary surchargey the Illinois Municipal League did not ask for a tax increase. The Dupage Mayors and Managers did not ask for a tax increase. There Was no local governmen: that came to us and asked for a tax increase. HoW did it happen? It happened q ate one afternoon in the Jllinois House of Representatives. There was no public hearing! It was put on a bill on 2nd Reading and passed over here, without a public hearing. And why was it done? Simply stated, to help the City of Chicago balance kts budget . Now we al1 know that; we all knaw why happened. And can remember the people on the other side of the aisle, saying, ''We1l, the local governments are going to gtve us a real estate tax break.'' Less than twenty percent of local governments reduced their real estate rates. It did not happen. Well, you know what? It's not perfect, but I will tell you one thing: The Leaders, the Governorr the Mayor have worked long on and hard cn this comprcmise. The Illinois Municipal League is in favor af this compromise. It's a1l it's about -- it's all -- that's left. This is a tough vote, 1 know. It is the right vote. And you know in your heart and mind, we are right. And I Would ask for some beautlful green lights up there.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall the Senate adopt the Conference Committee Report on Senate Bill 937. Those in favor, vote Aye. Opposedy vote No. The voting is open. Have a1l voted who wish? Have a11 voted uho uish? Have all voted Nho Wlsh? Take the record. On that questton, the Ayes are -- 38 Yes, 18 voting No, 1 voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 937, and the bill, having received the required three-fifths majority, is declared passed. We would like to go back to Supplemental Calendar No. 2. That's Supplemental Calendar No. 2, and it's Senate Bill 946. Senator Pate Philip. 101 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 Mr. Secretary, do you have on file a Conference Committee Report on Senate Bill 9467 j SECRETARY HARRY: ... tmicrcphone cutoffl...conference Committee Report on Senate I Bill 946,Mr.President. ' 1 PRESIDING OFFICER: (SENATOR WATSON) ! The Chair recognizes Senator Philip. SENATOR PHILIP: Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. As you know, I am the sponsorr but Senator John Walker Mattland (s the authority, so I will -- defer to him . PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland . SENATOR MAITLAND: Thank you very much, Mr. President and Members of the Senate. Conference Committee Report on Senate Bi11 946 does represent the FY'94 State of Illlnois budget. lt represents a 1ot of hard Work by a 1ot of peopler and recognizes an agreement between a11 of those differing groups. Let me, Mr. Presidenty just recite the high points cf the budget and then stand ready to respond to any ( (1uestions thatanyMembermighthave. Tt increases by onehundred 1 and fcrty-five million over last year's appropriation the funding for elementary and secondary educatlon. It lncreases by over fiftymilliondollarsthefundingforhlghereducationwithinthis 1 State. It implements the Healthy Moms/Healthy Kids Program at a level of fifty-eight million dollars. We are assured that thls will fully implement, statewide, *he Healthy Moms/Healthy Kids Program. PRESIDING OFFICER: (SENATOR WATSON) I Senator Maitland, excuse me# but let's have some order and listen to the Gentleman. Senator Maitland. I l SENATOR MAITLAND: I 102 1 . STATE OF ILLINOIS 88TH GENERAL ASSZMBLY I REGULAR SESSION SENATE TRANSCRIPT 77th Legkslatlve Day July l3, 1993 ! Thank you, Mr. President. It implements a number of Publlc Aid initlatives that are deslgned to assist people in getting off 1 of public ald. The Fresh Start Plan is funded for a full year. I Earned income and direct child care payments are phased in at a level at about nine months. The COLA increases that Were in the Governor's budget for DMH/DD are in place starting July 1r at a tevel of three percent, and many of you have heard from your constituents on this issue. The COLA for Aging, DCFS and DASA start on January 1, at a 3.5 percent increase. Parks remain open across the State. The budget was designed in a way to allow us to capture a11 the federal a1d matching funds that we possibly could capture. The budget was also deslgned to allow us to meet the court mandates that we are required to meet. And alsoy the budget was designed to neet a1l the federal-mandated requlrements that we have in this State. Mr. President, again, this budget represents *he compromise of many groups, and I would stand ready to respond to any questions that any Member might have.
PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Senator Carroll.
Tbank you, Mr. President, Members of the Senate. Some comments, if I mtght. First of ally I want to congratulate Senator Maitland, Senator Severns, on behalf of the Senate, for the truly outstanding work they did under very difficult conditions and in very trying times. And this ls the budget that Will be before us. It's the only budget that'll be before us. But I Ehlnk there are some problems that we still have tc poink out. Slnce everyone's trying to teach the freshmen, maybe that's part of the purpose. I think we have to look at this and say, ''What do we get for the billion dollars of taxes we have raised?'' Say what you want; it is now July. We have, in fact, voted to raise Eaxes a billion dollars; this from a Governor Who had pledged no tax increases. 103 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 1 We have a Governor who eats fat-free, but doesn ft budget fat-free. Look through the budget and ycu 'll see what's there. Has it been there before? Of course, but we haven't quite demagogued it the way it was done this year in pledges and statements from the Second Floor. In fact, When we passed our rules in this Senate, we said that kf something was killed in the Senater it would never see thelightofdayagain;nothëngWouldshowupinaconference committee we hadn't seen before. This is not fat-free. Once 1 again, items that we killed time and again are back in the budget. Things We never saw till the budget table, till the committee meeting, never decided before by this Chamber, are back in the budget. The man whc said when he Nas elected that he was going to tear up his credit card, now has shown us Why. He's his own loan officer. He doesn't need a credit card anymore. He goes out and borrows nine hundred million dollars. Scmethingwehavesaid: 1 Better for the State to bcrrow, than the pecple who supply us with goodsandservices. ButthlsGovernorwho said, ''Tear up your ' 1 credtt cardr' noW found out he doesn't need one; he just makes the lcans. Is there smoke and mirrors? Yes. And maybe that's What appalls me the most after aLl the statements. He talked in the j past about budget ginmickry. But when Senator Jones cane in this 1 weekend and sald, ''You need to cut another ninety-five million dollars because cf add-ons of the Governor,'' and Senator Jones and Senator Severns sald, ''Here's a plan. Here is Where we can trlm government operations ninety-five million dollarsr'' lo and behold, a Sunday surprise - fifty-five million dollars came down from heaven, and the Governor said, ''We have a new source of revenue.'' Thirty-eight million dollars appeared from somewhere that they have still yet tc identify where. And guess what? NoW there's i ninety-three million dollars that nobody knew about till Sunday night. Did it go to pay our bills? No. Did it go to reduce the ! deflcit? No . Did it go to provide the property tax relief we ! I l04 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 77th Legislattve Day July 13: 1993 Were promised if there uas any neW noney? No. Instead of that, when Senator Jones and Senator Severns said , ''Here 's hoW we can I eut the money,'' the Governor's response was, ''No.'' To me, that shows him to be a flim-flam manr the tax-and-spend Governor of Illinois. Should We have trusted that in a budget? No Member Should have. We sag it in the drafts, in this legislation. We saw it midnight, June 30th, when the bills did not appear: because he didn't want them voted . And suddenly, there were things in the bills that no cne had ever seen before. And in this bill -- one of the reasons it's late is because the portion drafted by the Bureau of the Budget did not comply With what Senator Maitland, Senator Severns, their Representatives from the House, and the four Leaders had agreed to. And why not? Because the Bureau said, ''We didn't like what you agreed to.'' So in one instance Bpecific, and many others, they drafted the language so that the money could not be sent -- spent. Senator Dudycz has a problem kn his area at Read. Suddenlyr it Was no longer funded for Read. There was a fund created to capture ten times its amount in federal moneysr but the Bureau drafted it so it could never be spent. That's why we had to see a finished product, to see where this tax-and-spend Governor was gcing to be placing the funds that we uould be vottng on. My problem is this: When money appears from nowhere, it gets you nowhece, and goes nowhere. Do we have a ! ehoice on this budget? No Bu* to the freshmen, I warn you - . 1 khesenumberswillberevisited. When the money comes from smoke 1 i and mirrors, be prepared for the supplementals thak will be 1 necessary to keep this operation going .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Berman. ,
Thank you, Mr. President, Ladies and Gentlemen of the Senate. i I also Want to conpliment Senator Maitland and Senator Severns for l05 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT ' ; 77th Legislative Day July l3, 1993 I putting this together. But I think there's some facts that we have to recognize before we all start issuing our press releases on this budget. First of all: thks could have been done six weeks ago, if it wasn't for the request from the Second Floor's political agenda to Senator Philip that we delay a11 of this. Shame on the Second Floor. I Want to compliment Senator Philip for showing strong leadership in the arganization of this Senate. And I know that: but for the request of the Governor, Senator Philip could have wrapped up this Session pretty clcse to May 28th, certainly in the flrst Week of June. But I think that there's a more important recognition and reality that we nust face. And that is, what does this bill do - what does thls budget do - for what everybody says is our number one priority: education? This budqet isn't even a Band-Aid ta the issues of education. Chicago is facing a four-hundred-and-fifteen-million-dollar deficit. In November of last yeary fifty-seven percent of the people that Went to the polls and voked on the conskitutional amendment - fifty-seven percent - voted Aye. That's a greater percentage than elected our new United States Senator, Carol Moseley-Braun. It was a greater percentage than elected cur new President, Bill Clinton. It's a greater percentage than a11 of the people that voted for George Bush and Ross Perot, together. And yet, With that fifty-seven percent vote at the pclls, this budget says, ''Forget it - forget it - we 're not going to listen to your the voters of Illinois.'f Chicago has that budget deficlt that I Ealked about. You know how much of this budget Chicago's going to recelve to address a four-hundred-and-fifteen-million-dollar deficit? Thirty-eight million dollars. Thirty-eight million dollars. Now, in the debate, interestingly, with some of my friends on the other side of the aisle, during the constitutkonal amendmenty it was stated in opposition to the constitutional amendment that the Legislature 106 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 has the power to do what the constitutionak amendment called for ' ! us to do. We may have the power, but here's the proof six months ( later that we don 't have the political will. Not only Chicago faces serious, serious problens kith the question of whether four . hundred and ten thousand children in Chicago are going to have school in September; there's over a hundred other school districts that would probably be bankrupt, or couldn 't open their doors, if they had to operate on the same rules that Chicago aperates - namely, they must have a balanced budget. But every other schcol district in -- in the State doesn't have that requirement. So they'll borrow, because they 're not going to get the money that they need under this budget. What could wey the Legislature, have done? Let me give you some specifics. First of all: Ne could have passed Senate Bill 38, sponsored by Senator John Maitland . This was the product of tNo years of a Task Force on Schcol Finance that would have moved Illinols forward to address the needs of our schoolchildren. That bill is in Rules. We could have passed Senate Bill 606 <sicy (660) that could have tapped in to the outragecus profits of the riverboats that are in Illlnois, to generate eighty mitlion dollars nore for education. That bill is in Rules. We cculd have passed Senate Bill 1008, or the House Bill 818, for a progressive lncome taxz but those bills are in Rules. These and other bills show that we have failed to be fiscally responsible. We'd rather go out and borrow nine hundred mlllion dollarsy and - and - not only borrow nine hundred million, but not fund education adequately. We don't need a new supermaximum security prison; welve got the Rules Committee. That locks up a1l our gccd bills. We could have -- we cculd have passed legislation that would have stopped the shell games. Let me tell you What this bill does: It continues the shell games. We should have increased State funding for the last three years of Governor Edgar'sadministration. Weshouldhaveincreasedschool J i 107 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July 13r 1993 funding this year, a hundred and eighty million dollars. That's the amount of noney that was increased by the Loktery, by the ' surcharge and by riverboat gambling but does not appear in this year's budget, because we took it through the front dcor and We . removed it in the back door. The shell games continue. Language to stop it hasn't been passed. PRESIDING OFFICER: (SENATOR WATSON) Further... SENATOR BERMAN: NoW ... PRESIDING OFFICER: (SENATOR WATSON) . Excuse me. I SENATOR BERMAN: ...One Other item . Those of you from the suburban school 1 districtsr you 're going to go back and talk about thirty-five I I million dollars that bas been earmarked for the categcrlcal grants. Those are school districts that are already spending at the top levels. What should have been done, as is ln Senate Bill i 38: to provfde some property tax relief. No property tax relief . is afforded in this Senate budget bill. 3ut what we're doing is to go back and to say that we 're going to have a nonbinding referendum regarding pcoperty tax caps, a year and a half from now - in November of '94 - nonbinding advisory. We should have ( increased revenues. We should have funded educatlon. We should have provided property tax relief. But we didn't do any of that. Last ueek, Crain's Chicago Business - it's not necessarily a pro-educatlon publication - came out with this chart. This chart won't change as a result of this budget. It shows that the top high school district is spending eleven thousand s1x hundred dollars per child, and the bottom high school district can only I spend fifty-one hundred dcllars a child . It shows that the top elementary district is spending nlnety-nine hundred and forty-four i 108 STATE OF TLLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 dollars per child, and the botton school elementary district can only spend twenty-eight hundred and forty-five dcllars a child. This budget exacerbates those outrageous - in my -- opinlon, illegal - dlscrepancies between the very rich districts and the very poor distrlcts. Shame on us. Shame on us. And yet, we are presented with this klnd of an outrageous, outrageous bill that many of you want to issue a press release saying that we're putting education first. We are not. We are not. And We should be ashamed of ourselves, and the Governor - for that lack of leadership, as an educatlon Governor - should be ashamed of himself.
PRESIDING OFFICER: (SENATOR WATSON) Purther discussion? Senator Trotter.
Thank you very much: Mr. President, Members of this augusb Body. I would like to begin by saying -- 1 would like to -- to commend the Democratic Minority Leader for the good job that he's done in ensuring that we got this budget as it is today. He, as we have found out through the press and through other sources: actually made the best of a very bad sltuation. He: probably more so than anyone else, denonstrated What true leadership was, because he worked to ensure that there was something in this budget for everyone throughout this State, not like some others who were seemingly concerned with thelr own districts and With their own communities. No -- and because of that, even though there's been some good things in this budget, as I'm sure that nany of the other side would tell us what's in here, I'm going to vote No for this budget. I'n going to vote No for those people, those educators, those parents, those children, who actually believe that this State had the preponderance and responsibility to fund their educatlon, as said by the previous speaker. I'm going to vote No for those tNo thousand-plus welfare recipients 109 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 from Dupage County, who probably have to -- are getting tired of going to Wcodfield Mall to purchase Lottery tickets so they can j E live like the -- the Senate Presidents of the world. I 'm going to I Vote No also for those mothers and those babies, those unborn babies, who believed the Governor when he said in his State of the StateAddressthathewasgoingtotakekids over concrete this time; that he was going to ensure that their Well-being, their 1 ' health care, and their future was going to be a better one than the one Ne've been giving them in the past. I'n going to vote No ! for them. And I'm certainly -- the list can go on and on of reasons why I should be voting No for this, and you as well. But I'm golng to vote for those good Ellinolsans, who -- Who have come to me -- many of them have come to me and said they would like to i extend to this Body that good old hand gesture of the extended middle finger to those whodve given them the shaft a1l through this last legislative Session, those who've taken -- been -- gleefully insulted themz gleefully have gone and had -- through callous remarks and through lack of respect and disregard for their well-being, have just ignored them, have ignored them through the onerous process of khich we have been presented With by our new President, and Nho have been seeing that we are not the people for the State; we are not the government that represents this State. For al1 of those folksr and for al1 of the other people who are going to hear about what's happenlng here in the State of Illfnois, I give a resounding and emphatic No: and ask you to do the same.
PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Senator Palmer.
Thank you, Mr. President. I rise this evening with a profound sadness, and with support for what Senator Berman said. I'd like to remind the Body that a few months ago one of the notable poets l10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIP; 77th Legkslative Day July 13z 1993 I and museum founders in the State of Illinois stood in the podium ; and read her poem, ''What Shakk I Tell My Children?'' - Margaret Burroughs. I listened to that poem - I have heard lt and read it many times - and I was reminded again about the underlying sadness of that poen, ''What Shall I Tell My Children?'' And I think of the four hundred and ten thousand children in Chëcagor and those who are in school distrlcts, some two hundred of them across the State of Illinois, and yet I don't hear from this Bcdy, and I don't see the polltical will tc resolve this problem. Ladies and Gentlemen, we have reached the end of the road, When it comes to denying that we need new revenue for our schools. We have reached the end of the roadr when we can be cynical and turn our backs on those proposals that had been made tc us. I remlnd youy there Was a proposal. Martin Koldyke, certainly not someone who should be sneered at, made a proposal to put forward bonds. He was laughed off many of pages ln the newspaper and not taken seriously down here. And yety in thls budget, We have nlne hundred milllon dollars that we're going to borrow in order to fill the budget gap. What shall We tell our children? I would urge that this Body not take this lightly. We are coming into September very quickly, because Welve bgen down here so long. I sugges: that you leave here thinkin: about what you are going to do on behalf of these children. It has become kind of a smug thing to think that this is only Chicago. It is not. If you thlnk about it in ycur distrlctsy you are going to have schools that run the risk . The difference is that in Chicago, for everything that's good abcut *he reform movement, you have also put up barriers to our ability to manage, and then not allowed us to do what we need to do . This is a sad day, although I am pleased by the small part that We do get for Chicago, and Cor that, I thank Senator Jones. I hope you will leave here and think about what we need to do, so that we can tell our children they can go to school in the fall. 111 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 .
PRESIDING OFFICER: (SENATOR WATSON) Just so the Body knows, we have six more speakers. We were down to one, and noW we're back up to six. Senator Lapaille. SENATOR LaPAILLE: I Thank you, Mr. President. I too would .like ko stand and 1 compliment Leader Jones for an excellent job that he has done With the Senate Democratic Caucus. Coming over from the House, I had ny qualms about getting into a Senate Democratic Caucus, because I ; heard about them. And I can assure you that Leader Jones kept us together, and we have accomplished our goal of seeing how We're going to spend money before we vote to raise taxes. But I think we've heard a lot af people on the other stde that were somewhat anxious - anxious to get this over with, anxious to pass this budget, anxious to pass taxes. And we saidr ''Well, let's Wait and see what's really happening here in Illinois.'' And I think We have to focus on just what this current admlnlstration is doing to taxpayers and our children and their children. Internal borroWing - we talked abcut that a little earlier today. Two hundred and nine nillton dollars we have taken away from special funds in this State over the last two fiscal years and driven it into the i General Revenue Fund in order to balance budgets. Never have repaid thcse funds, and now, ln fact, we find that we dre ' increasing fees in many of those funds tn order to replenish them. , External borrowing - this is short-term borrowing. In the last two fiscal years, and now this coming fiscal year, if you add them a1l together, this Governor Will be borrowing 2.l billion dollars in funds. That's a forty-mlllion-dollar interest payment to Illinois citizens. There 's a tax increase on every Illinois citizen, when you talk about a forty-million-dollar interest payment, just to borrow money in order to neet your bills and obligations. Long-term debt - 11.5 billion dollars lt stands at today. That's one thousand eigh: dollars per person in Illinois. 112 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July l3, 1993 The per-person debt in Illlnois has increased sixteen percent under this Governor, în two years. Sixteen percent. This is equal - equal - to a11 the yearly debt increases run up by Jim Thompson, 1 from 1983 to 1990. Heds already matched it. And in h1s first budget address, this Governor said, .''We have been living on borrowed money; we have been living on borrowed time, and we must throw away our credit eards.'' I would submlt to you , taking a look at al1 this borrowing: it would appear that he didn't listen to his own inaugural speechr or his budget address. Unbalanced budgets. This is lf you really reflect what we do and what this Governor bas been doing, is paying twelve months of bills, With fifteen months of revenue. That's not a balanced budget. And if you really look at those numbers, in a1l the Thompson years - a1l the Jim Thompson years - We were underfunded or unbudgeted by l.8 billion dollars. Under this Governor, in two years, we Will now be at 2.8 billion dollars of an unbalanced true budget in Illinois. Fees and taxes - Senator Carroll talked about them. We've made it over the billion-dollar nark with the last bill that We just passed. And (n his budget address, he talked about holding the llne on taxes. With these facts in mind, no wonder City and State Magazine, this last May of '93, ranked Illinois forty-fifth in the assessment of fiseal health, and the Illlnois pension system ranks forty-eighth. Standards & Poorfsr major bond rating organization, recently issued its second dcwngradlng for ! Illinois. And Illinois nok is the lowest amcngst the five Great Lake states, With regard to bond ratings. In the City and -- ClEy and State Maqaziney publisher Don Miller wrotey ''Of course, Illinois' ranklng is going down. The smoke is dissipating and the mirrors are becoming clearer.'' I submit to you that this budget was a difficult budget. We have to compliment the four Legislative Leaders who Worked with a Governor who digs in and f holds his position with regard to making sure that he'll be able 113 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 77th Leglslative Day July 13, 1993 ; tonight: When the reporters go to his office, say, ''We've held the 1 line; Ne balanced our budset; and Ne didn't raise taxes.'' I would submit to you that we have laid out the facts that this is a Governor that is spending; this is a Governor that is borrowlng; and this is a Governor who's putting our children and their chtldren further into debt. In 1992 there Was a referendum for President in this State and across the nation. Many pecple thought that that Presldent wouldn't lose. But the one issue that the citlzens of America zeroed in on was the federal debt and how our federal budget is being managed . Many of you, and that President, tried to blame a Denocratëc Congress for a11 of his prcblems and the Democratlc Congress is to blame. But what happened? The people said, ''No . The Chief Executive Officer of th#s nation is the person held accountable.'' And that person lost Illinois by fifteen points, and he Went on to lose the Presidency. I submit to you that in 1994 there's going to be another referendum on how this Chief Executlve Officer is managing this State. And I would submlt that he may face the same fate that the past President faced here in Illinois. Thank you very much .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Collins. Turn your light off then, Ma'am . Thank you. Further discussion? Senatcr Mclaro.
This is a -- Mr. President, this is a point of personal privllege. I don't know where Senator DeAngelis is at, but I wish he would hear this, wherever Senator DeAngelis is at. And I don 't know if his talk last tlme was a threat, or an implied threatz to keep me away fron my family till December 25th next year. Well, if it was a threat, 1et me tell Senator DeAngells, in the vernacular of our most famous Member, I have two words for him : Merry Christmas. 114 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3r 1993 i PRESIDING OFFICER: (SENATOR WATSON) I Thank you. Senator Geo-Karis, for what purpose do you rise? ' SENATOR GEO-KARIS: ! Mr. President and Ladies and Gentlemen of the Senate, let's stop -- 1et's stop bashing the.Governor. The four Leaders... I i think he's done the best he could under the circunstances. Don't i forget, some of the circumstances that were not very goodr Were i not created alone by this side. And let's just thank the four Leaders for wcrking out a compromise, and let's hope that your i side of the aisle will came forth and help our side of the aisle . i gith a better and a more meaningful education formula, so it'll be : fairer to the collar counties. And let's get down to business and have a vote. :
Further dlscussion? Senator Hendon. SENATOR HENDON : ! Thank you, Mr. President. Will the sponsor yield for a questlon? PRESIDING OFFICER: (SENATOR WATSON) ' Yes, Senator Maitland will yield. ; (
Senator Maitland, is the -- the Burnham City Hospital still r going to be purchased in this budget for the Natural History Survey Center ln Champaign? PRESIDINGOFFICER: (SENATORWATSON) i 1 Senator Maktland. :
i It is. 1
PRESIDING OFFICER: (SENATOR WATSON) SenatorHendon. 1 i
I Contend that thatfs pork. Is the law building for Temple i I ! 115 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July l3: 1993 Hoyne Buell, purchase of equipment? Is that two million dollars still in thls budget?
PRESIDING OPFICER: (SENATOR WATSON) Senator Maltland.
It is.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.
The two hundred thousand dollars for a fancy office in Hong Kong - is that still in this budget?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
It's not fancy, but it's in there.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.
Well, I haven't been over there to see lt, but it would be interesting to see what they're going to do with that tWo hundred thousand dollars, buy new furniture or whatever. Ladies and Gentlemen of of this Body and of the mediay if I went down this list I wauld be here all night a1l ntght - in this so-called porkless budget: readlng off nillions and millions and mlllions of dollars in pork - pork. And a11 I have to say is, it makes nc sense Eo ne to nake these cuts and add on that pork. Now, the Office of the Public Counsel - what do they do, Senator Maitland?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
Senator -- Mr. Presidentr I dldn't understand the Gentleman.
PRESIDING OFFICER: (SENATOR WATSON) 116 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 Would you please repeat the question, Senator Hendon?
1 The Office of the Public Counsel - what do they do?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland. .
i Theyfre -- they're not going to do anythin: now. They're out of the budget.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon.
Exactly. But the people need to understand and hear from you, Mr. Chairman of Appropriations, what they dld, or at least what they do right now , before you take this vote, so Ne'1l see Why are you cutting them out of the budget, based cn what they -- the service they provide. So I'm asking you agalnr what does the Office of Public Counselr which this budget intends to completely eliminate, what do they do?
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator... Ohr I beg your pardon. Senator Maitland. That Was a question. E SENATORMAITLAND: 1 ; His question Nas, What -- What do they do. They do the same thing that CUB did, and the four Leaders and the conferees a11 agreed that there was duplication; we ought to cut them out. So we eliminated the progran.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon. SENATOR HENDON: ; 1111 conclude by sayingg what they dcr Ladies and Gentlemen, ! is fight for a1l the citizens of the State of Illinois to keep our i utility rates down, keep our utility rates at a reasonable level, i 117 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 and naw they are being elininated. While We are protecting an office in Hong Kong, Ladies and Gentlemen, We 're eliminating an offlce that protects the citizens - every one of you up there in the gallery - your rights to keep your light bills low, and your gas bill low, and your utility rates low. And I Want to say as I sit down, since this will be ny last speech of the Session - yea - that I respect Senator Jones for what he's tried to do. And don't have to say thisr but President Pate Philip know that respect him and -- and -- and admire him for what he did for his side. He certainly delivered for his side. But I respect b0th of the Gentlemen, but I believe that this ls a bad budgetr and I urge a No vote.
PRESIDING OFFICER: (SENATOR WATSON) Further discusslcn? Senator Severns.
Thank you, Mr. Presidenty Members of the Senate. rise in strong support of this budget, a budget that is a result of serious deliberation, debate and compromlse. Since the passing of June 30thr this budget document has improved, and so has the fate of Illinois citizens. Since our June 30th deadline, wedve agreed to one hundred and fcrty-five million neW dollars ln elementary and secondary educaticn, nearly half of which go into the State Aid Formula. Wedve agreed to over fifty million dollars to higher education. Thls summer, when the rain stops, the citizens of Illinols will be able to visit their parks, because they will be open. In the fall and winter, they can vtsit Ehem too, as a result of this budget. For the people in southern and central Illinois who don't have doctorsz this budget provides needed dollars for the rural health initiative. For those areas of this State who have suffered from floodingr thls week the Governor asked for an additional ten million dollars to match federal disaster funds for these critical areas. In the area of the 118 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993 welfare-to-work programsz programs that can truly prcvide an opportunity for AFDC reclplents to hcpefully break that cycle of I poverty, those programs will start immedlately, rather than next year. For victims of sexual assault, there's a half a million new dollars in this .budget. For victims of Alzheimer's disease: their budget has been increased . To the thousands of women Who suffer from breast and cervical cancer, new dollars, for the first time in the State of Illinois, has been added to this budget. Eor the important programs like Parents Too Soon, needed dollars have been maintained. Seven hundred thousand dollars for ninority teacher scholarships have been provided. One bundred and fifty thousand dollars for Vietnam veteran employment outreach, an area we a11 know needs to be addressed . Needed dollars for economic development programs with special emphasis on export assistance. For the downstates who have heard -- Members, Who have heard from nearly every mayor on the community water testing problem, this budget provides the needed dollars. To those who have worked and asststed Argonne, now our universities across this State wlll be able to participate in that project. And wedve done it Without providing any layoffs to the State employees. Ladies and Gentlemen of the Senate, I think it's a good document; I think it's a balanced compromisey and I think lt's time that we a1l went home to our distrlcts. This is a product of honest differences of opinion and thoughtful debate. It is a budget that refleets the diversity, the strength, and the greatness of our State, and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Jones.
Thank you, Mr. President: Members of the Senate. First 1et me E congratulate Senator Maitland and Senator Severns for -- and a11 the staff who worked many, many hours to bring about Ehis J 119 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 compromise on the budget. This is something that we could have done durlng the month of June, working together as a team , because as I indicated to you, I Wanted to get out of here on June 30th. But on June the 23rd, if you recall, a budget did pass this Body. It passed .on a partisan roll call vote, in the middle of negctiations. And that budget literally stripped many of the programs that benefited the needy in the State, Wlth the pretense of giving more to educatlon and with no input on a bipartisan basis. So why are we here today? Why did an hour ago that we passed the -- the funding mechanism for local and State government, which was in 937? As I indlcated thenr there is no need to rush 937 through, because thcse two issues can run in tandem, and they are running in tandem . There was talk about trust. But hoW can you trust when you don't have any input? HoW can you trust when a11 your amendments and ideas and recommendations get scutkled in the Rules Commlttee? HoW can you trust when the most neediest of the neediest get cut from the -- from the budget? This budget that I'm rlsinç to support doesn't do everything that I would like to see it do . It doesn't do everything for everybody, but it is the best that we could do. If the budget does not pass, then it Would be even worse. So Ehës ts the best of a worst situation. But the rhetoric constantly that came out - why are we here? Again, I repeat: I do not set the schedule. Now if you on the other side of the aisle want to give me the gavel, I Will guarantee We will fulfill this endeavor. You could have voted for me for Presidenk. But you choose -- you chose a great Leader ln Senator Philip, and I respect that. But he decided that wedre going to take three weeks off in June, not Senator Emil Jones. But don't you freshmen ever sit there and vote for something in the blind . A budget this thick and -- and you 're going to sit up here and tell me# ''You Democrats vote for it and trust us.'' 1 120 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77*h Legislative Day July 13, 1993 i END OF TAPE i TAPE 4 SENATOR JONES: This budget that is presented todayy we dcuble- and triple-checked. We made sure that every ''i'' was dotted and ''t'' is crossed. It doesn't do everythtng for everyone. There is more money going into the School Aid Formula, to help schools upstate and downstate. It does not solve the problem . But if we didn't put anything in there, the problem wculd be worse. So I urge ycu to vote for Senate Bill 946. PRESIDING OPFICER: (SENATOR WATSON) No further discussion? Senator Maitland, to close. SENATOR MAITLAND: Thank you very much, Mr. President and Members of the Senate. It obviously would be very easy for me to respond to a number of the statements that have been made on the other side of the aisle. But I thought tonight as We started the debate on thls Conference Committee Report on Senate Bill 946, we had reached a point Where we had complete agreement between both sides. We had had our partisan differences, in committee, on the Floor, but over the last week, the four Leaders, the four budget Leaders and the Governor had worked side by sider hour after hour, putting together a budget that flt within the avallable resources that we felt we would have in this State for Fiscal Year 494. I believe in that. I think we have done that. Did John Maitland get everythkng he wanted? Of course not, nor did any one of you. But I in the spirit of compromise and cooperation, constantly goin: back to our individual caucuses, we have fashioned a budget to the best of our ability to serve the people of this State for the next 1 l2l : STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13: 1993 I fiscal year. And I invite those Lf y?u Who have found your partisan difficulties still apparent, join with us; becone a part of the team . The Governor of this State, the four Leaders, and now the Bodies on both side of the Rotunda should work arm in arm to .implement this budget. I want to pay special tribute to my budqet Leaders on the other side of the alsle - Senator Severns, Senator Hall, and -- and Senator Severns, thank you very much for the kind -- fine comments that you made with respect to this budget. To Donna Ginther, and your staff, Donna. On our side of the aisle, my colleague to my right, Senator Donahue, Mike Bass, and his fine staff. Wetve had our difficulties, but we come together nowr forging ahead fcr the next fiscal year. I would like, Mr. President, at thts time, before I yield to Senator Philip, to read a Fiscal Year 1994 Balanced Budget Statement, if I might. FY'94 appropriations will total just under thirty btllion, after the Comptroller adjusts for reappropriations as provlded by law. State General Funds appropriatlons total fourteen billion two hundred seventy-one million. These are affordable With General Fund -- Fund revenues at fifteen blllion four hundred and ten million. Appropriations for Fiscal Year 1994 do not exceed funds estimated by the General Assenbly to be available during Fiscal Year '94: and the State budget is balanced under Article VIII, Section 2, of the Illinois Constitution. The Fiscal Year 1994 budget improves the State 's fiscal position by reducing the amount by reducing the amount - cf lapse-period spending by seventy-one mlllion, and by increaslng the end-of-year General Fund 's balance by twenty-eight million to two hundred million. Mr. Presidentr I urge the adoption of this Conference Committee Report to Senate Bill 946. PRESIDING OFFICER: (SENATOR WATSON) I The question is, shall the Senate adopt the Conference Committee Report on Senate Bill 946. Those in favor: vote Aye. ! I 122 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 Opposed, vote No. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have al1 voted whc wish? Take the record. On that question, there are 46 voting Xes, 11 voting No, no voting Present. The Senate does adopt Conference Conmittee . Report on Senate Bill 946, and the bill, having received the required three-fifths majorityy is declared passed. PRESIDENT PHILIP: May I have your attention for a minute? And 1'11 try to bring you up to date, where we're going. On Supplemental Calendar No. there are four bills left. On Supplemental Calendar No. 4, there is one bill left. And after that, Welre going to adjourn. So -- and you notice a11 the talking We had on the last billr got I said 50 votes, close to 50 votes. So you could hold the rhetoric down, we'd probably get out of here a lot sooner. So kithout further ado, on Supplemental Calendar No. 3, Senate Bill 617. Senator Maitland . Mr. Secretary. SECRETARY HARRY: Second Conference Committee Report on Senate Bill 617. PRESIDENT PHILIP: Senator Maitland. SENATOR MAITLAND: Thank you very much, Mr. President, Members of the Senate. Conference Committee 2 to Senate Bill 617 does a multitude of things, and 1et me go briefly through them. First of all, it addresses problems within the Department of Commerce and Community Affairs which are caused by unfunded mandates. The following mandates are repealed: a requirement that DCCA establish an Office of Coal Commerce, a requirement that DCCA provide access to centennial business signs to busiaesses whieh are established a hundred years or morer requirements under the Illlnois Network for Opportunity Act, requirements under the Public Housing Tenant Manager Traintng Act. It also repeals the Illinois Network for 123 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT é 77th Legislatlve Day July l3: 1993 I Opportunity Act. It also addresses the Department of Publlc Health needs for revolving laboratory funds to implement the budget agreement with regard to accepting federal funds in the takeover and the operation of the city labs as per the budget agreement. It . amends the Legislative Infcrmation Systems Act. It provides for breast and cervical cancer research to be administered by the Department of Public Hea1th. It amends the Illincis Bond Act. It - - it creates the Five-plus-Five Early Retirement Plan for Chicaqo teachers, which was discussed earlier this evening. It provides that Chicago local school councils shall fill prlnclpal vacancies for the remainder of the four-year perfcrmance contract. It altows DPA to file claims against the estate of a Public Aid recipient's surviving spouse for amounts paid tc the recipient, and where permitted by federal law, allows for claims agalnst the estate of recipients who are under the age of 65. It also adds sone additional language to the intergovernmental transfer for Cook County Hospital that We passed last evening. It adds prcvisions Which would allow the Departnent of Public Aid to prchibit coverage for antimicrobial and nonsteroidal anti-inflammatory drugs for persons on Medicaid. This Would allow for Public Aid to require prior approval for these two classes of drugs. This Section -- Section also repeals the Public Housing Tenant Manager Trainlng Act. It changes the definition of ''neglect'' under the Abused and Neglected Child Repcrting Act and the Juvenile Court Act. And finally, Mr. President, it amends the Anna -- Anna VeEerans Home Act to allow the home to be operated through a contract with a private contractor. PRESIDENT PHILIP: Senator Cullertonr what purpcse do you rise? SENATOR CULLERTON : Yes. Thank you, Mr. President. I will be very brief. I know that this will passy but I -- I just have to -- to rise, for the 124 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 77th Legislative Day July 13, 1993 I fourth time, to point ou* that on -- on page 45 of the Conference Committee, there's something in here that -- that has been defeated ln committee. Each time it's been rejected, each time that tbe General Assembly 's taken it up . There's a change here of . the definition of ''neglected child''. It's sonething that the Public Guardian is very nuch opposed *o. It's in a -- it's in a package that I would -- I would hope that perhaps the Governor would consider an amendatcry veto on, because we are going to pass this, and we're going to find out later on - there'll be a new story in about another month or so - that we dld a terrible thing. I just wanted to point out that thls is somethlng that should not be in the bill. We've -- we -- we said when we changed the rules, we weren't going to do this. But, you kncwr here we got this Christmas tree agaln. It's got things that have to pass, and we throw in samething that's been defeated in commlttee. It's unfortunate. I just wanted to point it out to the Bcdy. PRESIDENT PHILIP : Senator Rea, for what purpose do you rise? SENATOR REA: Question of the sponscr, please. PRESIDENT PHILIP: Indicates helll yield. Senator Rea. SENATOR REA : Senator Maitland, in this, I notice that it would abolish the Office of Coal Commerce within the Department of Commerce and Connunity Affairs. Could you tell me what the purpose of that wculd be? Why would you want to abolish it? PRESIDENT PHILIP: Senator Maitland. SENATOR MAITLAND : Thank you, Mr. -- thank you, Mr. President. Senator Rea, this comes as a recommendation from the Auditor General that we -- that 125 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 we're not funding these mandates, and so if we are not funding I these nandates, they ought not be a requirement. We were carrying unfunded mandates on the -- on the books. i
Senator Rea . i
Thank you, Mr. President. I am very concerned about that: ! because this office was created to provide informakion for the clean-coal technologles available to Illinois businesses and to provide information and assistance to potential developers and 1 purchasers of Illincis coal. 80th of these are very important to us, with coal being a very valuable resource in the State of r I Illinois and, Lf courser the coal technclogy of being able to burn ' high-sulfur coal in a clean way, especially after the federal i legislation of -- on the Clean Air Act. So I'm coneerned about ' that portion. I'm also concerned about marketing Illinois coal in l some of the other countries and where We have the Department that's operating, and this should be, certainly, a part cf that. Another portion of this bill that 1'm also concerned about is bhat 2 portion that allows the Anna Veterans Home to be operated through contract With the private provider, in terms of privatization. I ! know that in our other homes in the State, that they've operated I pretty nuch by -- through the State ln the past. Seems a little bit discriminatory. But also, whenever we talk about this 2 particular home, it's adjacent to the Choate Mental Hea1th Center, and the lnitial purpose there was not necessarily to prioritize, but -- but in those areas that might be toc small to provide the i : services, that they could share services with the mental health services right -- or center, right next door. And so it seems to i me that this is another area that We should look at very carefully.
126 STATE OF ILLINOIS . 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 Senator DeAngelis, for What purpose do you rise? SENATOR DeANGELIS: i Thank you, Mr. Presldent. I rise for the purpose of describing a legislative intent in this bill. I Nould like to bring to your attention several provisions of Senate Bill 617, because they amend provisicns whlch have already passed this General Assenbly in Senate Bikk 937 and Senate B(ll 677. Can we have some order: Mr. President? It is the intention of this Body that the provisions in thls bill Will govern and become the laW. Specifically: Secticn 65 of this bill amends the assessment program passed ln Senate Bill 677, with regard to the intergovernmental transfer for Cook County Hospital. In additiony it makes a technical change to incorporate and adcpt by reference the administrative and enforcement provisions of the existing Long-Term Care Provider Pund. Sections 40 and 50 of this bill amend the provisions of Senate Bill 937, with regard to the early retirement of teachers in the Chicago public schools. The provisions in Genate Bill 617 represent this General Assembly's latest view regarding the law, and it is our intent that the provisions in Senate Bill 617 control.
Senator 5m1th, for what reason do you rise?
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This will be my last time to speak. So I just wanted ko -- first, if I may, compliment my President -- Minority Presldent. I think he did a magnificent job, and I want to compliment you in ycur leadership too. But I just Want to point out one part of this Conference Committee Report that -- that appears under Medicaid-covered drugs, and it's item number 39. In 1983, We passed legislation declaring that the Department of Public Aid may not prohibit Medicaid reimbursement for any antimicrobial and 127 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 i antiarthrimatic Ksic> drugs used to treat infections and arthritics. In this Conference Commlttee Report is language eo repeal the legislation we passed a decade ago. The reason We passed the legislation was because studies show that restricted asset <sic> to certain pharmaceuticals is not cost-effective. Now, if the Public Aid does not reimburse patients for certain drugs, those patients won't have those drugs, and thelr conditlons will continue to get worse, for seniors and children especially. Infections have a way of spreading, and thls results in prolonged hospital stays, prolonged absences fron theër work or school, and an increased cost to our State budget. In committee, in 193, efforts to repeal this 1aw were contained in Senate Bill 936. And that bl11 received one vote in committee: and it dled. Repealing thks law is a bad kdea. I'm gotng to vote for this btll, because there are too many other good points in the bill, but I think for the il1 welfare of our constituents, we must address this problem in the future. I wanted to put it on record, because it is very - - important. And thank you: Mr. President.
Thank you. Any further discussion? If not, Senator Maitland, to close.
Appreciate a favorable roll call, Mr. President.
The question is, shall the Senate adopt Conference Committee No. 2 to Senate Bill 617. Al1 those in favor, signify by voting Aye. Those opposedr Nay. The voting is open. Have you a1l voted who wish? Have you all voted who Nish? Take the record . There are 40 Ayes, 15 Nays, l voting Present. The Senate does adopt Conference Commkttee Report No. 2 on Senate Bill 617. The billw having received the three-fifths najority, is declared passed. Supplemental Calendar No. 4. Senate Bill 706. Senator Farley. I l28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13, 1993 Mr. Secretary, read the bill.
First Conference Committee Report cn Senate Bill 706.
Senator Farley.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. I would move to accept the First Conference Ccmmittee Report on Senate Bill 706. What this does is permits the Cook County Department of Correctlons, at the direction of the sheriff, with the advice and consent of the Cook County Board, to operate an impack incarceration program for persons who wculd otherwise be sentenced to severe terms of imprisonment. Perscns must meet specific requirements ln order to be eligible to participate in the program. It permits the Cook County Department of Corrections, with the approval of the County Board, to enter into intergovernmental cooperation agreements with the Illinois Department of Corrections: ln which persons ln the custody of DOC may participate in the Cook County Department Impact Incarceration Program. This Report is nearly identical to the bill that was passed in the House, except that the substantive language concerning the supermax prison ls not includedr since it is not required. According to the sheriff, this amendment would permit the county to establish a boot camp, in order tp hold approxlmately four to five sesstons per year consisting of twelve ko sixteen weeks each. Approximately four hundred partlcipants would be involved in each session. Approxlmately one-third would be DOC inmates. I would move, Mr. President, that we do accept and pass this Ccnference Committee Report to Senate Bill 706, and 1...
Senator Senator DeAngelis. 129 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July 13r 1993 SENATOR DeANGELIS: Thank ycu, Mr. President. I rise ln suppcrt of this bill. For those of you who may think that it only applies to Cook County, please remember that felons are sene to State prisons...
Time. Thank your Senator DeAngelis. Senatcr Farley, to close.
I'd just appreciate a...
Time.
.v v favorable roll call.
A1l right. The question is, shall the Senate adcpt Conference Committee No . l to Senate Bill 706. A11 those in favory signify by saying Aye . Those opposed, Nay. The voting ls open. Have you all voted who wish? Have you a11 voted who wish? Take the record. 55 Ayesr no Nays, 1 votin: Present. The Senate dces adopt Conference Committee No. l to Senate Bill 706. And the bill, having received the required three-fifths majorlty, is declared passed. A11 right. Order of Concurrences on Supplemental No. 3. Top of the page. Senate Bill 284. Mr. Secretary.
A motion from Senator Berman to concur with the House in the adoption of their Amendments k and 2 to Senate Bill 284.
Senator Berman.
Thank you, Mr. President. The -- the motion is to accept Amendments l and 2. And what it does, is that it allcws -- 130 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 beginninq January 1 of 1994, allows telecommunications carrlers which collect municipal message taxes on behalf of municipalities levying such taxes to retain a commission of 1.75 percent of such collections as reimbursement for collections. The phone companies and the city are in favor of this. soliclt your Aye vote.
Further discussion? I don't see any lights on my side at all. Senator petka. Good. Senator Berman, to close.
Roll call.
Thank you, Senator Berman. All right. Now, this is final action, you know. The question is, shall the Senate concur in House amendments to Senate Bill 284. Those in favor will signify by saying Aye. Those opposed, Nay. The -- the voting is open. Have you all voted who wish? Have you all voted Who Wish? Take the record. 52 Ayesr No Nays, 4 voting Present. The Senate does concur in House Amendnents l and 2 in Senate Bill 284. The bill, having received the required three-fifths majority: is declared passed. Senate Joint Resolution 20. Senator Topinka. Mr. Secretary.
Senator Topinka has filed a motion to concur with the House in their adoption of Amendment No. 1 to Senate Jolnt Resolution 20.
Senator Topinka.
Yes, Mr. President and Ladies and Gentlemen of the Senate, House Amendment No. 1 puts the task force under the direction of the Illinois Environmental Protection Agency, and it also -- also changes the reporting date from an unspecified date to July There is really no opposition. Would hope there would be no l3l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 77th Legislative Day July l3, 1993 discussion, and we'd just get aut of here.
Further discussion? If not, Senator Topinka, to close. Thank - - this is final action. The question is, shall the Senate concur in House Amendment No. l to Senate Joint Resolution 20. All those in favor, signify by voting Aye. Those opposedz Nay. The voting is open. Have you a1l voted who wish? Have you a11 voted who wish? Take the record. 54 Ayes, no Nays, no voting Present. The Senate does concur in House Amendment No. 1 to Senate Joint Resolution 20 -- and the joint resolution is adopted. A1l right. Senate Bill 345. Senator Mccracken. Read the bill.
First Conference Commkttee Report on Senate Bill 345.
Senator Mccracken.
Thank you, Mr. President. This amends the Rural Bond Bank Act. Allows the Lieutenant Gavernor and State Treasurer to send representatives who can vote at meetings on their behalf. Allows members to participate by phone, if their presence is not necessary to nake a quorun. Allows county bcard members and ... (inaudible)...
Very good. That's one of the best explanations I've heard since wedve been here. Now , is there any further discussion? Any further discussion? If not, the question is, shall the Senate adopt Ccnference Committee No. 1 to Senate Bill 345. A1l those in favor, signify by voting Aye. Those opposed, Nay. The voting is open. Have you all voted who wish? Have you a11 voted who Wish? Take the record. 56 Ayes, no Nays, no voting Present. The Senate does adopt Conference Committee No. 1 to Senate Bill 345. The billr having received the required three-fifths majority, is 132 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 77th Legislative Day July l3, 1993 declared passed . Now, believe it or not - believe it or not - that is the last bill. Now, I -- I -- I do think -- I do thlnk we have the adjournment resolution. I think it's a House resolution. Do we have it? Messages from the House. SECRETARZ HARRY: ' I l A Message from the House by Mr. Rossir Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint l ! resolution, in the adoption of whlch I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 69 ' (Secretary reads HJR 69) Adopted by the House, July l3, 1993. . !
' Senator Jonesy for what purpose do you rise? SENATOR JONES: I i Yeah. Thank you, Mr. Speaker.
Whoop -- whoop -- Whoop -- whoopy you just demoted me. !
Mr. President. PRESIDENT PHILIP: 1 A11 rlght. You know what, I -- I khought you wanted...
Well, sometime you know, it's hard to tell, you know. Butr Mr. President, I want to .commend and congratulate you on Ehe 1 Session we are just concludlng. Even though We did have our partisan differences, we both believe that the best interests of the people was served here in Illinois. Soz you and I - I in my new role, youfre in your new role - We did finally come together to take care of the interests of the people of Illinois. And you know when you -- when you did establish that May 28th date, I was 133 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSTON ; SENATE TRANSCRIPT 1 77th Legislative Day July 13r 1993 with you, Mr. Presldent, because I wanted to be home durlng the month of June. But I want to congratulate you on the job that you have donew and wish you very well, and have a great summer. And...tmlcrophone cutofflww.presldent: before I conclude -- before I conclude - and this is not a partisan gesture - but the -- our i freshman distinguished Senator Gary Lapaille w1ll have a bash at his house. Everyone is welcome. It will be nonalcoholic and so everyone ls invited. And it will be fat food in there. and lt ! will be no smoking, because al1 smokers -- we're going on strike i for six months, as a result of that cigarette tax.
Very well stated, Senator Jones. Let me -- 1et me just give i you a few of my observations, and of course, it was a nek position j : fcr myself and a new position for Senator Jones. So it was kind of on-the-job training for b0th of us. And I want to ccmmend Senator and hls Minority for dcing a good job. I think We have worked hard. We have done what I thlnk is right for the State. I think it will reflect well on a11 of us. And let me just say thisr that -- that we have some -- done some thlngs I think; that we have balanced the budget under thirty billion; we have abolished the granny tax; we have tax cap referendum in Cook Ccunty - give the people an opportunity to decide what they want to do with real estate taxes; we 've gkven the business tax credits - the first time we've done that in a long time; We have a supermax prison that's gotng to be built in Illinois; tollways, 355 - north and south; hopefully wedve gotten rid of some of those problems with underground tanks; and we've increased money for higher education and secondary and elementary education. And, quite frankly, we've opened up the systems. We're not here till 4 o'clock in the norning, and there isn't some six-hundred-and-fifty-page eonference committee report that hasn't had a public hearing . Everything has been right out in the open. l34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 77th Legislatlve Day July 1993 Everybody knows whak's in it and how it got there. So, I might say this, that the Governor and Mrs. Edgar have also lnvited everybody to the Mansion, for food and drink, immediately after the Session. And 1'11 let you all jump to the conclusion of what kind cf drinks. And now.1 Would recognize Senator Weaver, Nho noves to suspend the rules for the purpose of the immediate consideration and adoptlon of House Joint Resolution 69. Senator Weaver.
Thank you: Mr. President. Would move the adoption cf House Joint Resolution 69.
A11 those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it. The rules are suspended. Nowy Senakor Weaver, on the resolution. He -- he has moved to adopt the resolution - House Jolnt Resolution 69. All those in favor, signify by sayin: Aye. Those oppcsed, Nay. The Ayes have it. We are adjourned. Have a great what's left of the summer. 135 F ' REPORT: TIFLDAY STZTE 0F ILLINOIS 94/11/29 PAGE: 001 88TH GENER&L ASSEMBLT 14:02:51 SENATE DAILY TRANSCRIPTION OF DEBATE IMDEK JULY 1993 HB-0300 CONFERENCE HB-0R19 CONFERENCE HB-0508 CONFEREMCE MB-O6R1 VETO ACTIOM HB-0991 COMFFRENCE HB-O991 OUT OF RECORD H8-1587 CONFERENCE HB-197q CONFERENCE H8-2062 REFUSF TO RECEDE H3-2282 CONFEPENCE sB-0100 COMCURHEMCE SB-0273 CONFEREXCB s8-0273 OUT OF RECORD 58-028% CONCURRENCE s9-0290 CONFERENCB SB-03R5 CONFERENCE SB-0k20 CONCURREMCE SB-Ok20 MON-COMCURREMCE sB-0M83 CONFERENCE :8-0522 CONFERFNCE SB-0617 CONFEREMCE :8-0617 CONFERENCE SB-0617 OTHER SB-0706 NON-COMCURRENCE 58-0706 cO&FEnE#cE 58-0869 CONFEREMCE s8-0937 CONFEHENCE 58-0937 HOTION 38-09:6 CONFEHENCE SB-1105 CONCURREVCE SB-1105 DISCU3SED SR-0710 ADOPTED SR-0710 RESOLUTION OFFERED SR-0711 RESOLUTIOM OFFERED SR-0711 DISCUSSED SR-0712 RESOL/TION OFFERED HJR-0065 ADQPTED HJR-0O68 RESOL/TIOM OFFERED HJR-0069 ADOPTED HJH-0069 RKSOL/TIOM OFFERED SJR-0020 CONCURREMC: SJR-0082 ADOPTED SJR-0082 RESOLUTIOM OFFERED SJR-0083 RESOLUTION OFFERED SUBJECT HATTER SENATE TO ORDER-PRESIDENT PHILiP PZGE PRAYER-SEMATOR GEO-KâRIS PZGE JOURNAL-POSTPONED PAGE COMMITTEE REPORTS PZGE HESSAGE FROH THE HODSE PZGE COMHITTEE REPORTS PAGE COMMITTEE REPORTS PZGE PECESS PZGE SENâTE RECONVENES PAGE 2T EASE PZGE SENâTE RZCONVENES PAGE COMMITTEE REPORTS PAGE MESS&GES FROH THE HOUSE PAGE RESOLUTIONS CONSENT CZLENDZR-ZDOPTED PAGE INTRODUCTIOM 0F GUEST-PRESIDENT PHILIP PâGE GUEST SPEAKER-CHARLIE HHEELER PAGE COMHITTEE REPORTS PâGE I REPORT: TIFLDAY STATE OF ILLINOIS 94/:1/29 PAGE:002 88TH GENERZL ZSSEHBLY 1R:02:51 SENZTE DAILY TRAMSCRIPTION OF DEBATE INDEX JDLY 13, 1993 SUBJECT MâTTER MESSâGE FROH THE HOUSE PAGE 79 COMHITTEE REPOHTS PAGE 79 HESSAGE FROM THE HOUSE PAGE 80 HESSAGE FROH THE HOUSE PAGE 133 ZDJOURNMENT PAGE 135