PRESIDING OFFICER: (SENATOR WEAVER) Thank you, Pastor Duke. Reading -- reading of the Journal. Senatcr Butler.
Mr. President, I move that readlng and approval of the Journal of Tuesday, October 12th, in the year 1993, be postponed, pending arrival of the printed Journal.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler moves the postponement of the readtng of the -- and approval of the Journal, pending arrival of the printed transcript. There being no objection, it is so ordered. Resolutions.
Senate Resolution 827, offered by Senator Mahar. Senate Resolution 828: offered by Senator Hallz President Philip and a1l Members. And Senate Joint Resolutlon 9l, offered by Senator Karpiel. Theylre a11 congratulatory and death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Consent Calendar. Conmittee Reports.
Senator Weaver, Chair of the Committee on Rulesr reports that the following Legislative Measures have been assigned to commlttees: referred to the Insurance, Pensions and Licensed Activities Committee - a motlon to concur with House Amendments l and 3 to Senate Bill 3587 referred to the Committee on Local i 1 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day Octcber 1993 Government and Elections - Conference Commlttee Report No. l to Senate Bill 9907 referred to the Revenue Committee - motion to concur w1th House Amendment 2 to Senate Bill 5917 and referred to the Senate without reference to committee - Conference Committee Report No. 1 to Senate Bill 707, and Senate Resolution 823. Senator Mahar, Chair of the Committee on Environment and Energyg reports that House 21l1s 1354 and 1479 Do Passr as Amended.
PRESIDING OFFICER: (SENATOR WEAVER) Motions, Mr. Secretary.
Senator Shaw has filed a motion with respect to Senate Bill 775.
PRESIDING OFFICER: (SENATOR WEAVER) Mr. Secretaryy the Chair requests that the motion be printed on the Calendar. So ordered. If I nlght have your attentionr any Member wishes to file a motion on veto actiony this is the last opportunity. We will have a Supplemental Calendar. So youdll come to the Secretary Desk, if you have a motion to file, so that we can prepare a Supplemental Calendar. Introducticn cf Bills.
Senate Bill 1127, offered by Senator Shaw. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFPICER: (SENATOR WEAVER) ResoluEions.
Senate Resolution 823, offered by Senatcrs Philip and Weaver.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Philip moves to suspend the rules for khe purpose of the immediate consideration and adoption of Senate Resolution No. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRfPT 80th Legislative Day October 13y 1993 823. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Philipy to explaln the resoluticn. SENATOR PHILIP: . Thank you, Mr. President and Ladies and Gentlemen of the -- of f . the Senate. These are tWo technlcal amendments to the Rules to -- that will affect our Special Session -- the Veto Session. It's been -- the other side, I'm 1ed to believe, have seen it and have i agreed tc it. So, I Rove the adoption of these tWo minor changes. PRESIDING OFFICER: (SENATOR WEAVER) Senator Phillp has moved for the adoption cf Senate Resolution 823. Those in favor... Excuse me. Senator Demuzloy for khat l purpose do you rlse? Senator Demuzio. SENATOR DEMUZIO: Wellr thank -- thank youy Mr. President. If Senator -- I I don't see our lawyers here at the moment. Tf Senator Philip could l just briefly indicate to us What the minor changes are in the -- in the Rules, so that all the Membership might know, I'd certainly appreciate it. FRESIDING OFFICER: (SENATOR WEAVER) Senator Philip. I SENATOR PHILIP: Well, it basically does tWo things. It -- it takes -- to recede from a Senate amendment, it puts it in jolnt action Motions. And it simply takes out under 9-3 the Word -- takes one uord ou* - ''noE'' PRESIDING OFPICER: (SENATOR WEAVER) Any further diseussion? Senator Philip has moved for the adoption of Senate Resolution No. 823. Those in favor will i signify by saying Aye . Opposed r Nay . The Ayes have it . The f resolution is adopted . Resolutions . SECRETARY HARRY : 3 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 Senate Joint Resoluticn 94, offered by Senator Ralph Dunn, as ! is Senate Joint Resolution 95. They're b0th congratulatory, Mr. President. PRESIDING OFFICER: (SENATOR WEAVER) . Consent Calendar. If I might have your attentiony We're going to go to the Regular Calendar cn page 12, Motions in Writlngs - Override Total Vetces. On page l2, in the middle of the page. Senator Hawkinson, are you ready on Senate Bill 48? Madam Secretary, read the motion, please. ACTING SECRETARY HAWKER : I move that Senate Bill 48 do pass, *he veto of the Governor to the contrary notwithstanding. Filed by Senator Hawklnson. PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson. SENATOR HAWKINSON: Thank you, Mr. President. I rise today to ask the Senate of the State of Illinois to restore Lydia Thorpe's right to a secret ballot. Going to give you the history of why she has lost her right to a seeret ballot, then try and refute sone of the legal arguments that have been made by the opponents of thls billy and finallyr urge you to override the veto and restore Lydia Thcrpe's right to a secret ballot. The redistricting of 1992, by -- by computer, placed eighty -- at -- then eighty-six-year-old Lydia Thorpe in the 93rd Representatkve Dkstrict. Sh8 was tMe -- Jould we have some order, Mr. President? PRESIDING OFFICER: (SENATOR WEAVER ) This is final action, folks. I hope you Would listen to the discussion here and give the speakers scme respeet. SENATOR HAWKINSON: That computer-drawn map, in equalizing the populationy placed eighty-six-year-old Lydia Thorpe of Kewaneee Illinois: in the 93rd I 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 80th Legislative Day October 13, 1993 Representative District, and everyone else in her precinct in the 94th Representative Distriet. Some have suggested that there are other ways to change that result. There are not. The county clerk, the State's attorney and the county board trled everything to shift boundaries, to change precinct boundaries - everything that they could think of - including an appeal to the Supreme Court of the State of Illinois - a11 without success. The boundaries cannot be changed because of the conflguration of where she lives in the eounty...
PRESIDING OFFICER: (SENATOR WEAVER) Excuse me. Excuse mer Senator. Will we take our conferences off the Floor, please? Senator Dudycz and others.
The -- thank youy Mr. President. The boundaries of the precinct cannct be shifted. It has been tried. The lawyersr the State's attorneyr the county clerk, the county board in Henry County have trled those avenues - againz as I saâd, lncludlng appeal to the Illinois Suprene Court. The cnly recourse Lydia Thorpe has to gain her secret ballot is through the Illinois General Assembly. That is part of the hiseory. A year aqo. Senator Cullerton had a bill that shifted some other boundaries in the Legislative Body, and I added an amendment to restore Lydia Thorpe 's right to a secret ballot by moving her into the 94th Representative District. Primarily, we thought at the time that ! ; bill was vetoed because cf khe other changes in the Representative districts. I pledged to introduce it this year as a clean bill that did one thinq and one thing only, and thak's to reskore Lydia Thorpe's right to a secret ballot. I made the pledge to the j Senate Committeer I made the pledge to the full Senate, that no amendments would be accepted to this bill. I kept that pledge. There were no amendments to this bill in either the Senate or the House, and it went to the Governor doing only one thlng, and 1 5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 that's to restore the right of now eighty-seven-year-old Lydia Thorpe to her secret ballot. The Governor received some advice and that advice has been shared With the Members today, in the form of a letter from Winston and Strawn signed by Dan Webb. And he vetoed the bill. And I think his judgment was incorrect on the law . And I want to go through this because it's been distributed to the Members. The first reason given suggestlng a veto -- thahk you, Mr. President. The first reason given in this letter to sustaln the veto and to make the veto in the first placer is alleged that it's unconstitutional because the General Assembly lost its right to change the boundaries when the deadllne passed and the -- and the Commission took over. But you'll look at your Constitution of the State of Illinais, youdll find an equally compelling constitutional argument that we have a sworn duty to restore Lydia Thorpe 's right to a secret ballot. In Article III of our Illinois Constitution, Section 4, ''The General Assembly by 1aw shall define permanent residence for voting purposes, insure secrecy of voting....'' By law . We have a sworn duty to insure that our eitizens have the right to a secret ballot, and that's al1 that I ask that we do in overriding this veto. The seccnd reason, in my humble opinion, is almost laughable. The second reason given is that the redistricting plan of this bill would violate the provision that requires that all districts be compact, contiguous and substantially equal in population. And the author suggests that by doing this bill, we would create districts that are not substantially equal in population. Come on, We're going to chanse one person. 0ne person. That does not violate the equal population provision. The third reason is given that there may be some risk that other people with different agendas choose to take this opportunity to challenge the map. suggest that is equally absurd because of our constitutional requirement that we insure the seeret ballot of every citizen of this State. No court 6 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislatlve Day October l3, 1993 f is going to say that by insuring Lydia Thorpe's right to a secret : ballot, thak this somehow opens up the possibilities for changing al1 the boundaries of the State of Illinois. Finally, I ask you to restore Lydia Thorpe's right to a secret ballot because it's the right thing to do. I know there's a lot of pressure. I know that there's some paranoia, as exhibited by the third reason in this letter that is being sent around, that this is gaing to open Pandora's box. I suggest to you that lt's not. But think for a moment abcut eighty-seven-year-old Lydia Thorpe, Who I don't know personally, but Whc I've seen on TV. She has lost her faith in the American political system. She saW a system khere, in the southr people of color were not allowed to vote . She has seen much progress in the United States of America in giving every citizen of this country the right to vote. But now, by computer glitch, the State of Illlnois has taken away her righE to a secret ballot. We have taken it away. She doesn't knok or thlnk that she will ever vote again. I ask you to do the right thing, and to join with me in overridlng the veto of Senate Bill 48.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson has moved that Senate Bill 48 do passy the veto of the Governor to the contrary notwithstanding. Any discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I share the feeling strongly of Senator Hawkinson. For those of us Who still do not like to operate in the computerized World, who have some real problems with always being at -- the victim of *he computer, this is a pure case of that. And for someone to be disenfranchised from a secret vote, just because of a glitch of a computer, ls -- is b0th alnost asinlne, and most certainly inane. I feel that we must give Lydia her right to a secret ballot, and if one vote is golng to throw off the balance of this whole Stater ! 7 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislatlve Day October 13r 1993 then so be it. And I khink that we should overwhelmingly support the override of thls veto. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Thomas Dunn.
SENATOR DUNN: Thank you, Mr. President. Well, this has certainly become a proverbial mountain out of a molehill. This lady risks being totally disenfranchised by our system of government because the Governor has been advised by counsel that he will get into deeper trouble if he passes this bill. While it might sound corny to recall history - and remenber that many of us are the children of immigrants this is a right that ts not enjoyed throughout the korld. It -- until modern times: it ls not a right that Was enjoyedr unfortunately, in our old -- our own country. It was a right that was achieved by the Civil Rights Voting Act in the sixties, where thiz country was embarrassed - repeat, ''embarrassed'' - into the position that that right was a fundamental right that ought to be granted to a11 people, regardless of race , creed or color . And that same right ought to be given to this lady , irrespectlve of the arguments that it's going to cause the Governor more problems. This is a fundamental right that she is entitled to. And the fact khat We1re here now arguing about it for the second time really borders on the ridiculous, and encourages people to think of us exactly what they do .
PRESIDING OPFICER: (SENATOR WEAVER ) Chlcagoland Television and WCIA have requested permission to record. Ts there leave? Leave is granted. Senator Gêo-Karis.
Will *he sponsor yield to a question?
PRESIDING OPFICER: (SENATOR WEAVER) He indieates that he will . 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13r 1993
Do you know whether or not any attempt has been made to have your county -- county clerk and county board, anend their lines ta include her in one of the precincts adjoinin: her, which has more people? .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Absolutely, and I apologize, Senatory but during the early portion of my remarks there was a 1ot of confusicn. I thank the Chair for trying to solve that. But they tried on several occasians to mcve the bcundaries. Because of the layout of the boundaries: and the school diserict, and townshipsr it cannot be done. They had...
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis .
First of all, Mr. President and Ladies and Gentlemen of the Senate, I have the highest respect for my colleaguey and I don't always disagree with him y but this is one time that I'IR constrained to disagree with him, First of all, in ny countyp We do alter the lines so that we can include some person Who ls able to vote - and by the way, this lady is not disenfranchised; the only thin: is, that she's the only voter there - to include her in a precinct adjoining herê so that she won't -- her vote won'* be told khether it's for me or for anyone else. Second of all, there is, I think -- there is a bad precedent set if We pass this billz because we've had so much agony with redistrieting, and there 's nokhing tno stop anyone from going to a court and starting a11 over again. And then where are We? Then we 're going to create a great expense to the taxpayers of Illinois and to ourselves , and add to more chaos . I feel that the Governor ls 9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day Oetober l3, 1993 right in thisz and wefre not trying to dlsenfranchise anyone. The lady can still vote; it's her option to vote. The fact she's alone -- I still think it's a matter of her county board golng to bat and including her in their closest precinct to her, khich has other people: so that her vote won 't be told. And therefore, reluctantly, because I have -- have the highest respect for the sponsor, I rise to speak against this override.
PRESTDING OFFICER: (SENATOR WEAVER) Senator Cullerton.
Thank you, Mr. President and Members of the Senate. I Would like to reiterate some of the polnts that Senator Hawkinson made, and -- and tell you how this -- how I view this bill. certainly rise in support of the motlon to overrlde. A couple years agor I sponsored a bill to change the legislative boundaries. We changed the boundarles of Lydia Thorpe, put her back as this bl11 changes her and about eight other legislators whose districts were within a block or in some casesy tkenty-five feet of their homes. We passed that bill. Because of the redistricting prccess, there were a number of legtslators - two, remember - that lived across *he street from their district; we changed the boundaries. We attempted to do ehat to accommodate those people because of their homes, and I was one of them. And the Governor met With me to explain why he was going to veto that bill. He was compassionate; he felt sorry for the peopler but he was given legal advice that said that if We changed the boundaries: then the Democrats are going to cone right back into court and try to overturn the whole map. And as a result, hp vetoed the bill. Okay? Now, I disagreed with himr in that he said the Legislature didn't have the right to change the boundaries. I got to tell you that we do have the right to change the boundaries. The -- the Constitutlon, Article IV, Section 3, doesn't state that the 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 General Assembly is excluded from further action after We first do legislative districts. We can and we have the rightr constitutionally, to change the bcundaries after we set them. And I this is a perfect example of when you'd Want to change Ehe boundaries - for one person. So we did, in this bill, change the boundaries. Now, the lawyers who wrote this opinion - and I hope j that they didn't charge for this legal advice, because it is so ! ' poor - they -- they said thak - the third issue -- Ehe third issue, the thing that they're so worried about - somebody's going to file a lawsuit. Well: I'm going to just 1et you know that I ; spoke to the lawyer for the Democrats who did the redistricting case, and he -- I talked to him last night. He told me that if he -- if he filed a lawsuit claiminç that now we should reopen the entire redistricting process because we moved one person, he'd be ! i afraid of being fined, as a lawyer, for filing a frivolous lawsuit. This bill, if challenged ln courty would not be a challenge to the entire redistrlcting process or the -- ar the ! i current map under which we -- we operate. If anything, there would be a effort in court to establish the fact that the Legislature has the right to change the boundaries. That's What any action in court would be about. So: the Governor is clearly ' wrong in saying that we don't have the right to change the boundaries. The second reason - the fact that it's not equal I ! population - is -- is, as Senator Hawklnson said, ludicrous, and ( this does not open up any Pandora's box to bring a lawsuit. The precedent it sets ls to set the precedent that We have the right to change the boundaries. But this ls not going to open up the ! redistricting process. Believe me, I wish it did. But it won't. Eor that reason, I think you should think about this lady. That's What this thing is al1 about; it stands for a prcposition I . j ( There 's another seckion of the Constitukion that says people have the right to a -- a private vcte. Right now, you can go and find 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGDLAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 out how this lady voted. It can't be done by the county bcard. It only can be done by a change in the legislative district by one person. It makes sense. I think you should make your own decislon on this, realize how sensible it is, and vote Aye. PRESIDING OFFICER: (SENATOR WEAVER) . i Senator Hall. SENATOR HALL: Thank your Mr. President and Ladies and Gentlemen of the ! I Senate. I don't rise often here in thls Body, but If11 tell you ehisr it would be -- I wane to congratulate Senator Havkinson for attempting to do this. And I think We al1 should fully support this. So vote Aye. PRESIDING OFFICER: (SENATOR WEAVER) Senator Stern. SENATOR STERN : Thank you, Mr. President. I may be the only forner county clerk in the Body; I'm not sure. But let me say that the county clerk does not draw precinct boundaries; the county board does, and they can only do it at speciflc tines of the year, and only for particular reasons. This seems to me a time when we have really only one course: to override the Governor's veto . Let's just do it. PRESIDING OFEICER: (SENATOR WEAVER) Senator -- Senator Shadid. SENATOR SHADTD: Thank you, Mr. President. I would just like to take a moment eo refresh everyone's memorys and T have this handbook thaE's pu* 1 out by the Secretary of State that has the Constitution, Article 111, Section 4, and T want to read i*, very briefly: ''The General Assembly by 1aw shall define permanent residence for voting I purpcsesr'' and ''insure secrecy of voting and the inteqrity of the election process, and facilitate registration and voting by a11 12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Leglslative Day October 13, 1993 quallfied persons. Laws governing voter registration and conduct of electlons shall be general and unlform.'' And I think we complain in our society about people not voting. I think it's our obligation and our responstbility to make sure that this lady has the opportunity to vote the same way .we do . Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Mccracken.
Thank you. I respectfully dlsagree With my good friend, Senator Hawkinson: and -- and just briefly Want to explain why. You know, there are some other fundamental issues at stake here: separation of powers, both betueen legislative and judicial branches within the State, and the constltutional clause on supremacy. Now if thls Woman has a complaint, which she clalms should be recognized in a court of law under the federal Constitution, this may not sound like a very appetizing alternative: but let me suggest: she ought to go back to the federal courts who approved thls map, and say, ''You're violating my federal rights; redraw the precinct line.'' Now for those of you who think that that is not much of an alternative, let me suggest the price of not pursuing that alternative, and that is, to open up this entlre map. And T'm not going to stand here and say that some Senators are going to stand up and redraw their legislative distrietsr but what is at risk here is our countermanding a federal court order. This map was drawn not just by the Legislative Redistricting Commission; it Was approved by *he federal courts. And I submlt to you that that principle of separation of powers and supremacy relative to the federal courts and the State of Illinois are what is at issue here today. I believe that although it is not an attractive alternativez she does have redress in the courtsr and she ought to exercise it. The price for giving what appears at first blush to be a very 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 understandable, easy solution, does violence to our system of law. ' And don't kid yourself, if this isn't going to come back and bite 1 somebody in the rear end as a precedent. There are many precedents that people cannot foresee under the law . Hubert Humphreyy fcr exampler could not foresee the Way the civil rights . laws would -- would be used today. As a matter of fact, according to his own testimony, if he had known then what is the fact of the matter today, he probably wouldn 't have voted for those laws. You cannot foresee the way this precedent can be used, except in one particular: It will be used . Do not doubt that. It kill be used.
PRESIDING OFFICER: (SENATOR WEAVCR) Senator Hawkinson, to close.
Thank ycu, Mr. President, and I appreciate the debate on -- on both sides of this issue. In closing, let me just make a couple remarks. This bill is in no different posture today than it Was When each one of you voted for it, when it left this Body. It passed unanimouslyr and it did so with my comnitment to keep any other amendments off it. I kept that commitment; there are no amendnents on this. A11 it does is restore Lydia Thorpe's right I : to a secret ballot. You've a11 voted for it once. The arguments that have just been made and the case that was given to me in -- in support of this and in urging me to -- to adopt those arguments ; Was a case called Shaw versus Reno, Supreme Court of the United SEates, dated June 28*h, 1993. There is nothing in this decislon that gives any support to the arguments made. This case Was strictly about a Legislature gerrymandering districts for lmpermisslble racial purposes. 1* has nothing to do with the restoration of the right of the secret ballot. And 1et me remind 1 you that we have a sworn duty under Artlcle -- Article 111, Section 4, of the Illinois Constitution, to insure the secrecy of 14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3: 1993 the voting rights of Lydia Thorpe. NoW in closingr 1et me just respond briefly to the suggestion that Lydia Thorpe go to federal court. Well, you know, Lydia Thcrpe's up against an awful 1ot in this battle. She's up against a map that took aWay her right to . her secret ballot. She's up against the -- a Governor who twice vetoed the restoration of her secret ballot. She doesn't have any lawyers from Winston and Strawn that :et a eouple hundred dollars an hour to go to bat for her. As far as I kncwr she has no lawyer or any means to have any lawyer. She tried going: through the State's Attorney of Henry County, tc the Supreme Court of Illinois, and they shut the door in her face. This is the only recourse thae she has. Tt is up to me, it is up to you, to restore her right to a secret ballot. I plead with you to do thaty and would ask for your vote to override the Governor's veto of Senate Bill 48. PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 48 pass, the veto of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Those oppcsed, vote Nay. The voting is open. Have a11 voted who Wish? Have a1l voted Who wish? Have a11 voted Who Wish? Take the reccrd. On tha: guestlon, ehe Ayes are 34, ehe Nays are l8, l vcting Present. The motion fails. Senator DeAngelis, on Senate Bill 100? Madan Secretary, read the motion, please. ACTING SECRETARY HAWKER: I mcve tha: Senate Bill 100 do pass, the veto of the Governor to the contrary notwlthstanding. Filed by Senator DeAngelis. PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis. SENATOR DeANGELIS: Thank youy Mr. President. Senate Bill l00y when it went out 15 E STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day Octcber 13r 1993 of the Senake, was designed to rectify the problem with an ill-advised tax on soft drinks in the City of Chicago. That tax was imposed on a gallonage basis. Tn other words it said, HWe will charge ycu by the gallon,'' Which made it very difficult in situations in which drinks were being served across soda fountains, drinks that -- soft drinks that Were mixed With liquor. So, the bill originally was designed to abolish that tax. It went over to the House -- it went over to the House -- it went over to the Housey and the House then amended it to have a change in the manner in which the tax was assessed, and limiting it exclusively to the City of Chicago. In other words: allowing them to have the tax; but tax it in a manner that was consistent with the Sales Reform Act of 1988. I Would be happy to answer any questions. If not, T would move that the -- that we override the Governor 's veto on Senate Bill 100. PRESIDING OFFICER: (SENATOR WEAVER) Senator DeAngelis has moved that Senate Bill l00 do passr the veto of the Governor to the contrary notwithstanding . Any discussicn? Senator Welch. SENATOR WELCH: Thank you, Mr. President. I would just rise in support of the override. This was an agreement that was reached among the partlesr and it's unfortunate the Governor vetoed that agreement. This should pass. It was meant to carry out the sales tax reform that we had several years ago. It's supported by the Taxpayers' Federation, as well as the Retail Merchants and Restaurant Association, and I would urge an Aye vote. PRESIDING OFFICER: (SENATOR WEAVER) Any further discussion? Senator DeAngelis, to close. SENATOR DeANGELIS: I just move for a favorable roll call. PRESIDING OFFICER: (SENATOR WEAVER) 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 1993 Senator DeAngelis has moved that Senate Bill 100 pass do pass, the veto of the Gcvernor to the contrary notwithstanding . The question is or those in favor Wl11 vote Aye. Those opposed kill vote Nay. And the voting is cpen. Have a11 voted who Wish? Have a11 voted who wish? Take the record. On that question, there are 40 Ayesr Naysr none voting Present. The bill, having received the required three-flfths vcter is declared passed, the veto of the Governor to the contrary notwithstanding . Senator Berman, on 286. Madam Secretary, read the motion, please. ACTING SECRETARY HAWKERZ move that Senate Bill 286 do pass, the veto of the Governor to the contrary notwithstanding. Filed by Senator Berman. PRESIDING OFFTCER) (SENATOR WEAVER) Senator Berman.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bi11 286 does something that I think almost a11 of us have reeommended and spoken about and spoken for, for many: many years, and that is urging that the program of Meals on Wheels be a -- a program that is guaranteed an entitlement progran for our seniors. It is a program that a11 of us have recognized for years, keeps seniors out of nursing homes. It is probably one of the most cost-effective programs that has ever come before us. This program -- this bill says that in the order of preference. because sets it up as an entitlement program, that preference should be given by the Department of Aging to the provision of Meals on Wheels for those persons Who qualify for them. The Governor has vetoed this bill. Part of the Veto Message I have no argument about. He says that the approprlation this year funded the amount that was requested from the Department on Aging . Where T do take lssue ls that vhen there is a selection process 17 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3r 1993 available to the Department on Aging of Meals on Wheels and a number of other programs - and everyone has their own constituency and their okn advocates for different programs - Without this billr we are going to be denying some of the seniors that qualify for Meals on Wheelsy wefre going to be denying then access to that, in -- in preference to other programs. That is wrong. That is wrong spending of our money. That is wrong prioritizing of our programs. T urge an override of the Governor's veto on Senate Bill 286 so we keep our seniors at home and we make Meals on Wheels a priority entitlement program.
PRESIDING OPFICER: (SENATOR WEAVER) Senator Berman has moved that Senate Bill 286 do pass, the veto of the Governor to the contrary nctwithstanding. Is there discussion? Senator Fawell.
Thank you very much, Mr. President. Will the sponsor yield for a question?
PRESIDING OPFICER: (SENATOR WEAVER) He indicates that he would.
Senator Berman, under this bill, will this, in effect, say ehat those seniors who are presently receiving the Meals on Wheels will lndeed continue to receive the Meals on Wheels; that this is now an entitlement program and they are entitled ko continue receivin: the Meals on Wheels?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
Yes.
PRESIDING OPFICER: (SENATOR WEAVER) Senator Fawell.
18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 Senator Berman, as you, I'm surer are aware, there has been a change in the census over the last few years, and indeedy some of my constituents who are entitled legally to the Meals on Wheels Program have not had access to it because the monies have not followed the seniors over the past twenty years. Under this bill if there is an area that ls receiving more monies than they are legally entitled to and are using those monies for the Meals on Wheels, under your bill is not true that they would be still entitled to khose meals even though those federal monies that normally pay for those meals would no longer be sent to that area because of the census?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
Senator Fawell, would respectfully suggest that your question has nothing to do With this b111. This bill does not make - does not make - seniors who dc not qualify for Meals on Wheels, qualified for Meals on Wheels. If they 'don 't fit the definitions: they don't qualify. This bill does not ehange that.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fawell.
Senator Berman, I -- I think you -- you misunderstood What was saying. There are some seniors in this State Who legally - legally - do qualify and have never had access to any funds because of *he fact thak the monies Nere inappropriately sent to other areasr such as areas, frankly, in Chicago. My question is, are you saying that regardless of whether Ehere are seniors in other areas that are legally entitled to those funds but have nct got them, will still continue to be deprived because the monies will go tc those Who have -- through their good luck or whatever means happenedr will continue to get those Meals on Wheels? 19 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman. I
I'm -- I Was trying to listen to you, and I'm -- I've -- I think the answer is, and I apologize, because I'm not sure what -- the -- the classiflcation of people who qualify is not addressed in this bill. The funding mechanism is not addressed in this bill. Thls bill says that the Department cn Aging shall give priority to Meals on Wheels when they have a choice or a ccmpetitlon by recipients of different prcgrams. We want Meals on Wheels to be one of the preferred programs. That's my answer. I don't know if that's an answer to your question. I apologize if it isn't.
PRESIDING OFPICER: (SENATOR WEAVER) Senator Fawell.
Well, to the bill: The problem that we have is that the vast majority of funds that go to Meals on Wheels come fron the federal government, and the federal government funds the majority of that prcgram. I understand What you are saying; that indeed some nonles might be taken away from community care programs and some I of these other programs, and you want to make Meals on Wheels a priority, and I think we can easily do that through the Appropriation Committee. However; to make lt mandatory that We must above everything else fund Meals on Wheels and that those who are entitled to them presently must indeed remain entitled to them, regardless of how many funds Ne get from the federal government or regardless of how those funds are distributed, I think is wrong. Your heart may be in *he right place, bu* I think We are going down the wrong road when we make more entitlement programs, right now, Ehan we presently have. That's how we are in the budgetary problens that we have, is because Wedve got so many : 20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 entitlement programs. The system has wcrked well before. I thtnk i We ought to leave it alone. Let's not make any more entitlement ! I programsr and let's do it by the Appropriation Committee, Which is J where it belcngs. PRESIDING OFFICER: (SENATOR WEAVER) l . Senator Topinka. . SENATOR TOPINKA: Yes. Mr. President and Ladies and Gentlemen of the Senater I 1 ! stand in support of this bill, And I think we indeed should sinqle it out by Statute as being a priority of the -- of the Department On Aging. And why T say that isw I think that we deservedly 1 should lcok at this program as being something that aids us in khe ! whole question of cost containment in terms of health care, by virtue of the fact that Illinois is aging, and aging rapidly. Our numbers of people who are elderly are increasing and those between I ! ; the seventy-five- and eighty-five-year level is increasing beyond those even above slxty-five and above. I think it behooves us to keep these people in their homes as long as possible and out of the offlcial institutionalized health care system where they Will be paying, if private pay, somewhere in the neighborhood of thirty ! ! thousand dollars a year plusy for nursing homes and/or whatever I hospikal bllls they may incur. Even if Medicare picks up their I I costs in the hospital, it's not as thcugh they're getting it free. ! : It comes out of everyone else's pocketbook who is paying toward E the support of Medicare, or lt comes out of increased insurance premiums. So we wind up cost shifting it. I thlnk Meals on Wheels, as I've seen personally, has been able to subvert l malnutritiony which oftentimes shows up in these homebound senior q citizens, especially thase who are aloner who are widowed, Who are widowers, who can no longer ecok for themselves, who depend cn ; this one meal a day to keep going, a nutritionally sound meal, which will keep them -- keep them healkhy. It's a good idea. It's ( 21 I 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY RZGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 a good program. And I might add that when this bill first came to us, the Department on Aging was in support and said it could handle it, you know, in their budget; then it changed its mind. And as we sometimes see with our agenciesr they come and they go, and they're up and theylre down, and we can't get a straight shot. I think we ought to go Wlth our original intention on this billr lock it in and make sure that Meals on Wheels stays Where it should bey which is a priority for the State of Illinois.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Severns.
Thank you, mr. President, Members of the Senate. I just rise to say to those who do not serve on the Apprcpriaticns Committee, We had a debate before the Approprlations Committee Where the Department of Aging planned to lapse twelve million dollars. Thls is an issue that the Department wanted to support, as Senator Topinka has saidr and it's an issue that I think some pressure was placed from the Second Floor for them not to support. The problem is, the money is there, and too many seniors are falling through the cracks. An override of this measure will help prevent that more seniors fall through the cracks. I Would urge an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) ! Senator Syverson.
A couple questlons for the spcnsor. First, Senator Berman, can you tell me -- they tell us there's a cost on this at 2.3 -- at 2.3 million, but what was -- khat is the potentlal savlngs from reducin: the number of -- the number of -- or the amount of time that a choreworker needs to spend in a home?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
1 22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 Senator, I don't have a number on that. I -- I think -- 1et me just suggest that the... Senator Carroll advises me that the cost of the homemaker is aboue tukce ehe cost of the Meals on Wheels, assuming that the homemaker stays for one hour.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Syverson.
Sor the -- the net cost, think, if I'm not mistakeny a choreworker is -- 7.91 is paid to the agency, and we're saying that the cost of a home-delivered meal is going to be about half of that cost.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman.
Yes. PRESIDING OFFICER; (SENATOR WEAVER) Senator Syverson.
So, it's half the cost plus -- it's 7.91 plus the cost of the actual food that that chore care worker has to -- has to prepare. So the savings is actually more than half, and I guess that's the caser why are We saying that there's a cost here? would thlnk that in the long run, we're talking about a net savings of this program . PRESTDING OFFTCER) (SENATOR WEAVER) Senator Berman.
Thank you for that question. We're not sayin: there's a cost. The Department has shifted its position, and at the end said there was a cost. We are saying there is, effect, a net savings rather than a net cost.
PRESIDING OFFICER: (SENATOR WEAVER) 23 I l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day Octcber 13, 1993 Senator del Valle. : SENATOR dEL VALLE: Thank you, Mr. President. Queskion for the sponsor. PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Would yield. SENATOR dEL VALLE: Will there be a reducticn in the number of hours that home care workers provide, as a result of this bill? PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman. SENATOR BERMAN: No . That would be a -- the -- that question wculd be addressed totally separate from what this bill provides. PRESIDING OFPICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Will there be a -- a reduction in hours, because I -- I ask the question again, because my understanding is that some of the home care wcrkers do prepare meals, and that that is included in the time that they spend at the home and the time that they are paid for in terms of the delivery of services. So there is a concern on the part of the union representing these korkers regarding the impact that this will have on their Workers. PRESIDING OFFICER: (SENATOR WEAVER) Senator Berman. SENATOR BERMAN: My impression ls that there is enough demand out there for homemakers, on the one handr and by seniors who just need Meals on Wheels, to keep everybody very busy for a long time in the future. PRESIDING OFPICER: (SENATOR WEAVER) Senator Berman, to close. . SENATOR BERMAN : 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 Well, thank you. I want to thank my colleagues on the other side of the aisle that recognlze that if you go to a seniors' group, or to children Who have seniors llving in their oWn hones, one of the hottest tickets is the question of our funding of Meals on Wheels. . This is a gocd proçram. It 's an economical program. It's a prcgram that is in demand. It is supported -- this bill is supported by AARP and the Illlnois branch of AARP, by the Illinois Council of State Senior Citlzens' Organizations: and I hope - just as it was in the spring - it will be supported by you today, by an Aye vote to override the veto. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 287 pass, the veto of the Governor to the contrary notwlthstanding. 286, excuse me. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Have all voted who wish? Take the record . On that question, there are 34 Ayesr 16 Nays, and 5 voting Present. The motlon fails. Madam Secretaryr 287.
I mcve thak Senate Bill 287 do pass, the veto of the Governor to the contrary notwithstanding. Filed by Senator Hawkinson.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson.
Thank you, Mr. President. Senate Bill 287 requlred that small estates affidavits be filed ln the county clerk where a decedent lived. The bill really wasn't controversial when it went through the Senate or the House. Apparently a few elerks objected, calling it a mandate, and it Was vetoed. I must reiterate, not a single clerk - certainly not one of my six - has talked to me about this bill, to this date. I don 't believe it is a mandate. t 25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day Octcber l3, 1993 ! What it does ls lt prevents attorney fraud and client fraud. I Right now , there are some instances where a small estate, Which is supposed to have a fifty-thousand-dollar level, where you will get some unscrupulous people to try an attorney shop , or to go to filed so they can evade the requirements of the law. And it's a slmple bill. It simply says right nowr if you have a will that has to be filed, this could be filed in the same register, no addltional expense; just put it in the same register with the ! ! wills. But the Governor's seen fit to veto it. T think in the interest of preventing fraud, that we ought to override the veto, and I would seek your support to override the veto on Senate Bill 287. '
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinson has moved that Senate Bill 287 do pass, the veto of the Governor to the contrary notwithstanding . Is there any discussion? Senator Dunn. r SENATOR T . DUNN: k i Thank you, Mr. President. I want to join Senator Hawkinson in calling for a override of this. I agree with everything he said. I do not consider this a mandate. This is a protection for l i individuals. ! I
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
Mr. Presidenty Ladies and Gentlemen of the Senatey Senator Hawkinson is absolutely right about this billr and l urge everyone i I to vote for the overrlde, much as I dan't like to disagree With the Governor. But the -- the cost is very minimal, and it's important to avoid fraud.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hawkinscn: to close. The -- Senator Hawkinson -- no. l / : 26 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 The question is, shall Senate Bill 287 pass, the veto of the Governor to the contrary notwithstanding. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take the record. On that questionr there are 57 Ayes, no Nays, none voting Present. The billy having received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithstanding. Madam Secretaryz on 594.
T move that Senate Bill 594 dc pass, the vetc of the Governor to the contrary notwithstanding. Filed by Senator Sieben.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Sieben.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 594 amends the School Code and allows school districts to issue life safety bonds and utilize life safety funding for handicapped accesslbility projects necessary to comply with the State 's School Building Code and also to comply with the Americans with Disabilities Act. The legislation did pass here on a unanimous vote; 54 Senators voted for it. It also got 98 Xes votes over in the House. Now r the Governor claims that the bill - - in his Veto Message he claims that the -- the Senate Bill 594 is open-ended, and he claims that conflicts with the narrower framework for life safety funding established last year under Fublic Act 87-984. What I would share with you: think the Governor has been misinformed on this and doesn't understand the complete context of the bill with the amendment. And with the amendment, that was actually written by the State Board of Education, we have put the controls necessary back in the hands of the State Board of -- of Education, sc that the the bill is not 27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3y 1993 open-endedy and gives them the ability to control the use of life safety fundsy as they've written in their own memo, strictly for the use and access to the building, access to clean drinklng water, and to clean and safe restrooms. So the control is there that the Covernor was talking about. There really has been no one . in oppcsition to thls bill. Xour lccal school superintendents will tell you that they very much Want this leglslation to clarify their ability to use life safety money for handicapped accesslbility. The bill is supported by the State Board of Education, by the IEA , by ED-RED, by LUDA and by loeal school superintendents throughout the Stater and I would ask for a Yes vote.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Sieben has moved that Senate Bill 594 do pass, the veto of the Governor to the contrary notwithstanding . Any discussion? Senator Berman.
Thank your Mr. President. rise in support of the motion. Senator Sieben, during the spring Session, Was very responsive. There were some questions that came up on the bill as it Was moving along. He cleaned up, and it passed out without a dissenting vote in the sprlng. The bill hasn't changed. like it, and I urge Members on my side to support the motion.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Sieben, to close.
Thank you, Mr. President. Ladies and Gentlemene I think you can see by the nature of the discussion here, there is no opposltion to -- to the bill. And think the -- it's pretty clear that the Gcvernor probably had some bad advice on this cne. So I'd ask everybody unanimously to vote Yes on this bill again. Thank yOu. 28 : STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 594 pass, the veto of the Governor to the contrary notwithskanding. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that questionr there are 55 Ayes, 3 Naysr none voting Present. Senate Bill 594, having received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary notwithstanding. Madam Secretary, on 1078. ACTING SECRETARY HAWKER: I move that Senate Bill 1078 do pass, the veto of the Gcvernor to the contrary notwithstandlng. Filed by Senator Lapaille. PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille. Senator Lapaille. SENATOR LaPAILLE: Thank -- thank you, Mr. President. Senate Bill 1078 was a major anti-graffiti package that was sponsored by myself and Senator Hawkinson. And I agree With Senator Sieben's last comment that the Governor got some bad advice. I think the same person that advised him on Senator Sieben 's bill must have been the same genius that advised hlm on vetolng this blll. Right now, in Illinois, for the last six weeksy Ehe graffiti 1aw was weakened by this Governor. He signed a alternative bill that tock away classes of criminal penalties that were in the current Statute. So in 1990, Senator Geo-Karis was *he chief sponsor of a bill that placed various felonles for graffiti damages of people that are convicted of graffiti, and whak she did was move the classes up as the amount of property damage went up. So, if you were three hundred dollars -- zero to three hundred dollars, it would be a Class A misdemeanor; three hundred to ten thousand was a Class IV) ten thousand to a hundred thousand, Class 1117 over a hundred 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 thousand, Class II, uhich Class 11 is one of the toughest of all those classes. What the Governor did Was sign into 1aw an alternative bill which took a11 those classes away and basically noW tells graffiti vandals, you create three hundred dollars of damage or if you create a hundred thousand dollars of damage, youfll only get charged with a Class IV felony, the weakest felony elass that you could be charged with. So J think that it is a poor example for the Governor to send to these graffiti vandalsy especially that do this against businesses, CTA, RTA facilitles. I'm told by the CTA that every day a hundred and fifty bus shelters are damaged or -- cr marked with graffitl. And those bus shelters on the average are twelve hundred dollars each to clean them and fix them, nct to menticn the various rapid transit stations throughout our City. Even on the southwest side, the Southwest Rapid Transit District - it's not even opened yet hundreds of thousands of dollars are being incurred. But this Governor decides to take away a11 the various classes of penalties, felony charges, and just basically say, ''Look, it doesn't matter; lf you do three hundred dollars or if you do ten thousand, youfre only going to get charged with a Class IV felony.'l So, with this override of today, we can correct the shortsightedness of this Governor and put into place at least what the current 1aw was, whieh saide the higher damage you do, the higher of the felony youfre going get charged exactly what Senator Geo-Karis passedr and was signed into 1aw 1990. So Would ask for an override to at least restore some sanity in our Criminal Code as i: applies to graffiti and correct what *he Governor and his wizards did by signing a bill that took away a1l these classes felonies against graffiti artists. Thank you very nuch .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille has moved that Senate Bill 1078 do passr the 30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 veto of the Governor to the contrary notwithstanding. Any discussion? Senator Thomas Dunn.
Thank you, President. Senator Lapaille is absolutely correct. This does result a net reduction in the penalty for the offenses as listed . And to refresh everybody's mind, think Was Chairman of Judiciary when this bill passed in '90. And the occasion that did pass at that time was the fact that there was damage done to, think, the Universlty cf Tllinois football field the the evening before a major gamey and it caused quite a problen repairing the field , and lt was extremely expensive. It was at that point that the Members of the Judiciary reallzed that the cost of repairs today had far superseded the penalties that We were using for past offenses; that the things that occurred tcday could not be repaired at yesterday's prices. And so based on that, we unanimously agreed that we had to up khe penalties for these kinds of offenses, and that's what happened, and that's -- ought to be What we should keep . And lf you vote to override that, that's what will happen.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate , Would the sponsor yield to a question?
PRESIDING OFFICER: (SENATOR WEAVER) He indlcates that he would.
believe when you quoted me that I did sponsor that bill in 1990, you mentioned that the first offense vas up to three hundred dollars, and then went to Class was or Class misdemeanor?
PRESIDTNG OFFICER: (SENATOR WEAVER) 31 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 Senator Lapaille. SENATOR LaPAILLE: The zero to three hundred dollars of your 1aw Was a Class A nisdemeanor. Three hundred to ten thousand, was a Class IV. Ten thousand to a hundred thousand Was Class IIT, and over a hundred thousand was Class II.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
No, I don'k think it means they became misdemeanors; they became felonies, 'cause went upr they weren't misdemeanors.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille. SENATOR LaPAILLE: They were class -- classes of felonies, correct.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
I read the Governor's veto and he talks about the fact that the same community service provisions and criminal defacement of property were ccntained in House Bill 1347, which Was proposed by the Clty of Chicago to deal with the grafflti problem, and that was passed and signed into law . Now that's true, then why do We need another bill? This is what I'm driving at.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille. SENATOR LaPAILLE: Because what he signed, Senator Geo-Karis, took off the Statutes these higher classes of felonies that you passed in 1990. And what he has said to graffiki vandals around this State, ''Doesn't matter; do three hundred ar do ten thousand, you're only going to get a Class IV felony.'' So, he took away the tougher 1aw 32 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3w 1993 that you sponsored several years ago .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis.
I'm sure he had a gcod reason, because I don't like to attack anyone: Senator Lapaille, like you do, but anyhow... The other part is, your bill, then, did not change if I'm correet did not change the penalties that were in the Governor's bill, and think it might be technically incorrect.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille. SENATOR LaPAILLE: Might add that my bill kept the penalties as you passed them , so that the classes of felonies that were current 1aw that you passed were in my bill. In additionr my community service is even more than what the Governor signed. go up to a maximum of two hundred and forty hours. He only does a maximum of a hundred and twenty hours. So when he talks about, HWel1, we're going to do community service insteadr and that's Why we donft need these higher felony chargesy'' would say that someone that goes and wrecks a -- a -- a business, or -- or a building or a home, or whatever, or CTA, you know, community service is fine, but they 're into the category of fifty thousand dollars, a hundred thousand dollars of damagey let's put 'em behind bars for a few years and teach 'em that this is something that we are not going to condone, and something that agree Withy With your bill. So if we override, we dre going to do two things: Wedre going to restore What was the laW - higher classes of felonies for graffiti vandals. Number two, we 're going to create even another -- we 're golng to create a separate crine if you do it against mass transit authoritles. And number three, wefre going to have higher community service hours, higher than what the Governor signed - up 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 to two hundred and forty hours, instead of a hundred and twenty. So if you 're for a tougher 1aw on graffiti vandals, this What you do. And at the minimum, if you want to keep what We 've had for the last three yearsr then you Want to override.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Maris.
Welly Mr. Presidentr Ladies and Gentlenen of the Senate. I coneur with the thinking of ny estimable colleague on the other side; however, his bill does not amend the penalty -- penalty structure of Senate <sic> (House) Bill 1347 that was signed into 1aw by the Governor. And therefore, I submit that h1s bill is technically incorrecty and therefore forced to vote against it.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Lapaille, to close. SENATOR LaPAILLE: I regretfully disagree uith Senator Geo-Karis. My bill keeps exactly what was current law, until about six or eight Weeks ago. It Was basically the Geo-Karis laW on graffiti. It moved you up in classes of felonies, the higher danage that you committed. The Governor tock al1 that away and saidr ''Doesn't matter, gc ahead, have a -- have a fun night, do twenty thousand dollars of damage, you're just going to be a Class IV felonyo' Alsor my bill has stronger comnunity standard -- community service. So r the bottom line here right now isr if you want to correct an error of what the Governor did, tf you want to go baek and say, ''Lcok, We reimpose these tougher felonies against graffiti vandalsy'' then you'll be voting to override . If you're for a weaker graffiti law, well then, you've got to go home and explain to your citizens -- when they say, ''This person was caught, and he was only charged with a Class IV,'' then you have to explain that to your 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION j SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 constituents. So if you want to put the higher standards in, the standards that Senator Geo-Karis passed just three years ago, ycu would vote to override. PRESI - DING OFFICER: (SENATOR WEAVER) i j The question is, shall Senate Bill 1078 pass, the veto of the Governor to the contrary notwlthstanding. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wish? Have al1 voted who Wish? Have a11 voted Who wish? Take the record . On that question, there are 27 Ayes, and i 30 Nays, 1 voting Present. The motion fails. On page 12 of the 1 ! ' Calendar is the Order of Motions in Writlng to Accept Specific ( Recommendations for Change. Senator del Valle. Madam Secretary. ACTING SECRETARY HAWKER: I move to accept the specific recommendations of the Governor as to Senate Bill 7, in manner and form as follows: Amendment to Senate Bill 7 in Acceptance of Governor's Recommendations : Filed by Senator del Valle. PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. I move to accept the specific recommendations of the Governor. The recommendations are -- of the Governor are that we give Chicago preschool education program teachers who hold an early childhood certificate until 1998 to obtain a statement of approval in bilingual education or ESL. And it also exempts from the provisions of the bill those teachers employed before the effective date of the bill. I move for the approval of the Governor's recommendations. PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle has moved to accept the speciflc recommendations of khe Governor as to Senate Bill 7. Is there any 35 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 discussion? If not, the question is, shall the Senate accept the specific recommendations of the Covernor as to Senate Bill 7, the manner and form just stated by Senator de1 Valle. Those in favor will vote Aye. Those opposed uill vote Nay. And the voting is open. Have all voted who wish? Have all voted Who kish? Take the record. On that question, there are 56 Ayesy 1 Nay, none voting Present. The specific recommendations of the Governor as to Senate Bill 7, having received the required constitutional majority vote of Senators electedy are declared accepted. Senator Trotterr on 99. Madam Secretary?
I mcve to accept the specific recommendations of the Governor as to Senate Bill 99, in manner and form as follows: Amendment to Senate Bill 99 in Aceeptance of Gcvernor's Recommendations Filed by Senator Trotter.
PRESJDING OFFICER: (SENATOR WEAVER) Senator Trotter.
Yes. Thank you very much, Mr. President. I move to accept the revisions to eliminate the provisions that requires the report to contain the name and the address of the primary care prcvider participating in the Healthy Moms and Healthy Kids Managed Care Program. The Healthy Kids and Healthy Moms Programy khich began limlted operation April received 57 million dcllars to bring it on-line as a statewlde prcgram during FY '94. The Governor's amendatory veto of Senate Bi11 99 maintains the intent of the bill, which is to afford the General Assembly an opportunity to adequately evaluate the effectiveness of the program. And ask everyone's acceptance with me.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter has moved to accept the specific 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 recomnendations of the Gcvernor as -- Senate Bill 99. Ts there any discussion? Tf not, the question is, shall ehe Senate accept the specific recommendations of the Governor as to Senate Bill 99# in the manner and form just stated by Senator Trotter. Those in favor will .vote Aye. Those opposed Will vote Nay. The voting is open. Have al1 voted who Wish? Have a11 voted who Wish? Take the record. On that queseion, khere are 57 Yeasg no Nays, and none voting Present. The specific recommendations of the Governor as to Senate Bi11 99# having received the required constitutional majority vote of Senators electedr are declared accepted. Madam Secretary, a motion on 159.
I move to accept the specific recommendations of the Governor as to Senate 3ill 159, in manner and form as follows: Amendment to Senate Bill l59 in Acceptanee of Governor's Recomnendatlons Piled by Senakor Watson.
PRESIDING OFFICER: (SZNATOR WEAVER) Senator Watson.
Yes. Thank your Mr. President. This is Senate Bill 159, and I do move to accept the specific recommendations for change by the Governor. The bill, as it passed the Senate, contained some language which was really nct very controversial. It permits the fundlng of scientific literacy grants to be nade available to private schoolteachers and students after the public schools have been afforded adequate accesse and it prohibits the Unlversity of Illinois Board of Trustees from excluding ROTC courses from course catalogs and student transcripts. 80th of those provisionsy there was no problem. The one area which created the most controversy, and the one area where you're receiving a11 the phone calls either in support or opposition to the Governor's action, involves a -- a 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13 , 1993 parentingtraininggrantprogram. Andwenow have this program ) ! for preschoolers. And the legislation expanded that program from - - to include K through l2. So we have the program already enacted , which was enacted in 1985 and took effect in 1988. That's the preschool program. We felt thet the parenting program has been a success, and as a resultr We feel that it should be expanded through K through 12. Now some of the -- the pro-famlly groups have taken exception to the parenting program, and we met with them and dlscussed anendments to the legislation originally that satisfied some of their eoncerns. There were considerable restrictions put in the -- put in the language of the legislation, and -- those were brought forth primarily by those pro-family groups. Now, the Governor amendatorily vetoed several provlsions. One, the -- the amendments that were put into the bill affecting the parentin: program , affected b0th the preschool and the new program for K thrcugh 12. The Governor said in his Amendatory 1 i Veto Message that he only Wanted those restrictive anendments to impact the new program ; therefore, he amendatorily vetoed out the provlsions that impact the preschool program - the current program that's -- that's now in -- in practice. He also deleted the language that prohibited Written consent during the four weeks before and four weeks after a birth of a child. And he removed languager one word actually - ''derogatory'' - from the legislatlon i that would allow for litigatlon. If someone -- a mandated reporter: or a parenting staff went into a home and made a statenent that Would be considered derogatory, litigation could have been pursued, under the bill that passed. The Governor took that proviston out. I move for acceptance of the amendaEory veto .
PRESIDING OPFICER: (SENATOR WEAVER) Senator Watson has moved to accept the specific i recommendations of the Governor as to Senate Bill 159. Any ' discussion? Senator Berman. 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 END OF TAPE TAFE
Thank you, Mr. President and Ladies and Gentlemen of the Senate. rise support of Senator Watson's motion to accept the... Thank you. rise in support of Senator Watson's motion to accept the amendatory veto of the Governor. Without restating what he has gone through, as far as the changes, which I think substantially lmprove the bill, 1et me just be very baslc from ehe point of view of the pclitlcs of this bill. One provision that was in the bill originally said that four weeks before and four weeks after the birth of a child, the parent could not agree to home visitation programs. The women's groups and the children's groups that I met with, after this bill was passed, said that what that language said to them was that for eight weeks the four weeks before, and the four weeks after a baby ls born a mother doesn't have enough intelligence to consent to these programs. Now I'm sure you don't want your opponents throwing that at you at election time. I stand in support of the motlon accept the amendatory veto.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.
Senator Watsonr We were to not accept the amendatory vetor What would be the status the final status of the early 39 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 childhood development training program that's in place in the current home visits?
PRESIDING OFFTCER: (SENATOR WEAVER) Senator Watson.
Yes. The answer is yes. i
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.
You dre saying that the -- the progran that's in place that we're a1l getting calls saying that -- ls performlng very well, ! would stay in place if we don't support the vetc?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Watson.
The current progran -- the preschool program in parenting would remain. ïes. 1 1
PRESIDING OFFICER: (SENATOR WEAVER) Any further discusslon? The question ls, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 159, in the manner and form just stated by Senator Watson. Those in favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have a11 voted Who wish? Have al1 voted who wish? Take the record. On that question, there are 36 Ayes, 18 Nays, 1 voting Present. The speclfic reconmendations of the Governor as to Senate Bill 159, having received the required constikutional majority vote of Senators elected, are declared accepted. Madam Secretaryr on Senate Bill 224.
I move to accept the specific recommendations of the Governor as to Senate B1ll 224, in manner and form as followsl 40 'j STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 Amendment to Senate Bi11 724 in Acceptance of Governor's Recommendations Filed by Senator Topinka .
PRESIDING OFFICER: (SENATOR DUDYCZ) Senatcr Topinka.
Yes. Mr. Fresident, Ladtes and Gentlemen of the Senater I I would move to concur kith the -- the provisions that the Governor has made. Al1 We do here is We change the affidavits which would be filed by State agencies that would be seeking to get new naterial fcr their offices furniturer things of that sort. Instead of filing it with the Auditor General, We Would seek to have it filed with Central Management Servlces, and would ask concurrence.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Topinka has moved to accept the specific recommendations of the Governor as to Senate Bill 224. Any discussion? If not, the question isr shall the Senate accept the specific recommendations of the Governor as to Senate Bill 224, in the manner and form just stated by Senator Topinka. Those in favor will vote Aye. Those opposed Will vote Nay. And the vcting is open. Have al1 voted who wish? Have al1 voted who wish? Have a11 voted who wish? Take the record. On that questiony there are 58 Ayesr no Naysy and none voting Present. The specific recommendations of the Governor as to Senate Bill 224, having recelved the required constitutional majority of the Senators elected, are declared accepted. On the top of page 13, Senate Bi11 254, Motions in Writing to Accept the Specific Recommendations for Change. Madam Secretary.
I move to aecept the specific recommendations of the Governor as to Senate Bill 254, in manner and form as follows: STATE OF ILLINOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 Amendment to Senate Bill 254 I in Acceptance of Governor's Reccmmendations l Filed by Senator Jacobs. ' PRESIDING OFFICER: (SENATOR DUDYCZ) . ! Senator Jaccbs. ' SENATOR JACOBS: I Thank you: Mr. President, Ladies and Gentlemen of the Senate. I move to accept the specific recommendations for change of I : Senate Bill 254. Even though the Second Floor was unable to show compassion to Lydia Thorpe, and even though the Second Floor Was . i unable to show compassion to those who are part of Wheels on Meals ( Ksic>, the Governor did decide that we should not kick people out of trailers khen they're still living in them . So I urge that We r support the Governor's recommendations for change. PRESIDING OFFICER: (SENATOR DUDYCZ) I ! Senator Jacobs has moved to accept the specific recommendations of the Governor as to Senate Bill 254. Any discussion? Senator Geo-Karis. ë
Well, Mr. President, Ladies and Gentlemen of the Senate, my colleague on the other side Wants to talk about Lydia Thorpe. 1.11 tell you, I wanted to save a 1ot of the mcney of the taxpayers, Which We would have to pay in endless lawsuits. So i therefore, I nust tell your I do like your bill, and I concur with it, in spite of what you 're trying to do - make political issues.
PRESIDING OFFICER: (SENATOR DUDVCZ) Any further discussion? If not, Senator Jacobs, to close. SENATOR JACOBS; .w . tmicrophone cutoffl...vote. '
PRESIDING OFFICER: (SENATOR DUDYCZ) The question isr shall the Senate accept the specific recommendations of the Governor as to Senate Bill 254, in the I 42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 nanner and form just stated by Senator Jacobs. Those in favor will vote Aye. Those opposed will vote Nay. And the voting is cpen. Have al1 voted who wish? Have a11 voted Who Wlsh? Have al1 voted who Wish? Take the record. There are 58 Ayes, no Naysr none voting Present. And the specific recommendations of the Governor as to Senate Bill 254: having received the required constitutional majority of the Senators electedr are declared accepted. Senator Cronin, for what purpose do you rise?
Thank ycu, Mr. President. T rise on a point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
I'd like to draw the attentlon of the Members in the Chamber to the gallery above the Democratic side of the aisle and ask the members of the Illinois Federation of Women's Clubs to please stand. This is an outstanding service organlzation throughout the State of Illinois, and ask the Members to please give them a warm round of applause.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests the gallery please rise. Welcome to Sprlngfield. senator Garela, on Senate Bill 291, Motions Writing to Accept Speciflc Recommendations fcr Change. Madam Secretary, read the motion, please.
I move to accept the specific recommendations of the Governor as to Senate Bill 291, in manner and farm as fallows: Amendment to Senate Bill 29l ln Acceptance of Governor's Recommendations Filed by Senator Garcia.
PRESTDING OFFICER: (SENATOR DUDYCZ) 43 STATE OF ILLINOIS ; 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 80th Legislative Day October 13r 1993 Senator Garcia. SENATOR GARCIA: Thank your Mr. Prestdent. I nove to accept the specific recommendations for change made by Governor Edgar. It essentially amends Section 2, rather than Sectlon l4r of the Illinois Migrant Labor Camp LaW to inckude the civil penalty -- penalties language of Senate Bill 291. Essentially, the Governor's amendatory veto of Senate Bill 29l is merely technical in nature. The intent of the btll, Whtch is to strengthen the authority of the Department of Public Hea1th in obtaining better compliance of health standards at mlgrant camp labor camps statewide, is unaffected by this amendatory veto. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Gargia has moved to aecept the specific recommendattons of the Governor as to Senate B(ll 291. Any discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to Senate 3i11 291, in the manner and form just stated by Senator Garcia. Those in favor will vote Aye. Those opposed, vote Nay. And the voting is open. Have a11 voted who wish? Have al1 voted who wish? Have a1l voted Who Wish? Take the record . On that question, there are 58 Ayes, no Naysr and none votlng Present. The specific recommendations of the Governor as to Senate Bill 291, having received the required eonstitutional majorkty of the Senators elected, are declared accepted. Senator Hawklnson. Senate Bill 325. Madam Secretary, read the motion, please. ACTING SECRETARY HAWKER: I move to accept the specific recommendations cf the Gcvernor as to Senate Bill 325, in nanner and form as follows: Amendment to Senate Bill 325 in Acceptanee of Governor's Recommendations Filed by Senator Hawkinson. 44 l i STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 I
PRESIDING OEFICER: (SENATOR DUDYCZ) Senator Hawkinson.
Thank youy Mr. President. I move to accept the specific recommendations for change made by the Governor in Senate Bill 325. Senate Bill 325, sponsored by myself and Senator Tom Dunny is an omnibus juvenile, probation and crime victims' rights bill. One provision was deleted by the Governor's changes -- had been suggested by Representative Mautino, regarding a child safe house...
PRESIDING OFFICER: (SENATOR DUDYCZ) Excuse me, Senator Hawkinson. May We have a little order in the Chamber, please?
Thank youy Mr. President. Agalnr the deleted portion related to a child safe house provision initiated by Representative Mautino. I have discussed this matter with Representatlve Mautino, and although I would have been inclined to have sought an override, he's reached an agreement to try and nake some changes on another bill. And with that in mind, I move to accept the Governor's specific recommendations for change in Senate Bill 325.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 325. in the manner and form just stated by Senator Hawkinson. Those in favor Will vote Aye. Those opposed Will vote Nay. And the voting is open. Have a11 voted Who wish? Have all voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 58 Ayesr no Naysr none voting Present. The specific recomnendations of the Governor as to Senate Bill 325, having received the required constitutional majority of the Senators elected, are declared accepted. Senator Geo-Karis, for I 45 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 what purpose do you rise? SENATOR GEO-KARIS: : Mr. President, on a point of personal privilege. i
PRESIDING OFFICER: (SENATOR DUDYCZ) State your pcint. '
I have the honor of having with me here today, Mrs. -- Mrs. Jacquelyn Pierce, who is the President of the -- the General Federation of Women 's Clubs of Illinois - of the Illinois Federation. And she is fron Elgin, Illinois, and Steve Rauschenberger is her Senator. And my constituent, Mrs. Evelyn Dill, the Vice President of Membership for the organization. And upstairs in the balcony is Ann Hughes from the Waukegan group in this organizationr and we welcome them a11 here.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests rise and be recognized . Welcome to Springfield. Senate Bill 402. Senator DeAngells. Senator DeAngelis. Madam Secretary, read the motion, please.
I move to accept the specific recommendations of the Governor as to Senate Bill 402, in manner and form as follows: Amendnent to Senate Bill 402 in Acceptance of Governor's Recommendations I Flled by Senator DeAngelis. r '
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 402, as it passed out of th ! e Senate, created tbe Industrial Jobs Recovery Law. Basically i what this was, was to make a new use of TIFs ln areas that were ! economically and environmentally distressed. The Governor expressed some concern that this new TIF program could be expanded I 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13r 1993 to include sales tax revenues; so therefore, he amendatorily vetoed it to remcve that concern, and also, since he supports the legislation, he made several other changes. He expands the joint review board to a1l dlstricts who have flve percent of their EAV I in that districty makes their recommendations binding and ' eliminates the reimbursable costs to private redevelopers and for ; school operating expenses. Be happy to answer any questions. ' PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator DeAngelis has moved to accept the specific recommendations of the Governor as to Senate Bill 402. Any discussion? Senator Tom Dunn. SENATOR T. DUNN: Thank youz Mr. President. Question of the sponsor, if hedll yield. PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Dunn. SENATOR T. DUNN: Thank you . The Governor has made certain changes in Senate B1l1 402: the Industrial Jobs Recovery Law, as set forth in his Amendatory Veto Message, dated September 13th, 1993. In his message, the Governor deleted certain language from this Act pertaining to payments or reimbursements nade directly by municipalities to developers or other persons for certain redevelopment project costs. Does the deletion of this language mean that this Act can no longer be read to permit the municipaliky to pay these costs if they are incurred by a developer? 1 PRESIDING OFFICER: (SENATOR DUDYCZ) 1 Senator DeAngells. SENATOR DeANGELIS: i i I Senator Dunn, in my opinionr this is not the case. In the absence of the deleted languagey the Act is still intended to 47 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Leqislative Day October 13, 1993 permit the municipality to be eligible for redevelopment project costs by reimbursing the developer or another third party. The specific language which the Governor has deleted Was merely intended as a -- as a dlrect statement of existing statutory powers as they are set forth in this Act. The absence of this addltional language does not limit municipal powers. We agree with the Governor that developers in certain circumstances should not be permitted direct subsidles. The Governor may have intended that the deletion of the language Would prevent a developer from, on its own initiativer making substantial expenditures and then demanding reimbursement from the municipality or a bcnd trustee. We are of the cpinion that the Act, given the deletion af the language vetoed, is adequate to pay for the eligible costs if the expenses are directly undertaken by the munlcipality: or by another entity acting on behalf of the municipality, so long as the payment is authorized by the municipality. Since is clear from this Act that the municipality may itself incur direct expendiEures for eligible costs, we are sure the Governor did not intend to deny the municipality the right to incur eligible costs by authorizing payments to another entity for these expenditures.
PRESIDING OFPICER: (SENATOR DUDYCZ) Any further discussion? Senator Karplel. Senator Raica, for what purpose do ycu rise?
Point cf personal privilege, Mr. President.
PRESIDING OPFICER: (SENATOR DUDYCZ) State your point.
Thank you, Mr. President. In the gallery we have a few pecple fron my district, from the St. Rene Parish. Like to just stand them and have them be recognized.
PRESIDING OFFICER: (SENATOR DUDYCZ) 48 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13r 1993 Will our guests in the gallery please rise and be reccgnized. Welcome to Springfield. Purkher discussion? Senator Palmer. Senator Palmer. i
Thank you , Mr. President. A question of the sponsor. .
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he Will yield. Senator Palmer.
Senator DeAngellsr according to my analysis, the Gcvernor is ' . ; recommending a change in the -- that the joint review board's recommendations would be binding rather than advisory. Would you talk abou: that, and what would be the consequencesr or what do you -- would you anticipate - why is this changed from adviscry to binding?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Well, baslcally, Senator Palmer, advisory doesn't mean too much; binding means a 1ot more.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.
Thank you for the -- the lesson in semantlcs, Senator DeAngells. Let's get down to brass tacks on thls, however. Would you give me an instance -- there has to be a reason why we have changed this, why this is -- is being proposed. What is the Governor's rationale for changing this from advisory to binding? PRESIDING OFFICER: (SENATOR DUDYCZ) ( Senator DeAngelis. SENATOR DeANGELIS: Well, Senator Palmer, as you probably know, there is a serious concern about the growth of TIFs, particularly in those situations I I 49 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 in Which there 's been some abuse. What this does basically, it makes a1l the parties that are affected - the taxing districts that actually lose money through a TIF or may, in fact, have to return part of that money - it gives them a voice in the TIF and makes their decision binding rather than advisory, .therefore 1 giving them more muscle to those people whose interest is : affected.
PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Palmer. 1
Thank you. So this board couldr in fact, be expanded and you're talkinî abcut areas that have five-percent interest ln thls ! would also be part of itr and their vote would count as much as anybody elsefs. Isthiswhatyoudresaylng?Youdreexpandingthe ( board; youdre making -- I'm just tryinî to get the nub of this, because it seems to me that there would be -- I would have some questlons if you 're changing this to being binding. I have a problem with that, and expandlng it Eo include the -- those With only five-percent interest in the district. PRESIDTNG OFFICER) (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: I ! Welly that number was selected because five percent of your EAV could be a fairly substantial amount. Nok, I'm not so sure that you want it to be zero or more. But the fact is thak there ! : is a growin: concern about TIFs, and this is a new category of TlFs, and I concur With that growing concern. And basically, What ! ; this says is, 1et the people who are involved help make that decision. PRESIDING OFFICER: (SENATOR DUDYCZ) l Any further discussion? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to ! 50 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3r 1993 senate Bi11 402, in the manner and form just stated by Senator DeAngeli.S. Those in faVOr Wi11 Vote Aye. Those opposed Wi11 vote 1 I Nay. And the VOting is Open. Have a11 Voted Who Wish? Have a1l Vobed WhO Wish? HaVP a11 voted Who Wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting PresenE. And the specific recommendations of the Governor as to Senate Bill 402, having received the required constitutional majority of the vote of the Senators elected, are declared accepted. Senator Geo-Karis, for what purpose do you rise?
Mr. President, on a point of personal privilege. I'm delighted to introduce to you today, if I have that permission, ! I two of my constituents from Libertyv ille, Illinois. This is Annie 1 Krumtinqer and Susan Kennedy. They represent the Libertyville Junior Women's Club, and we're delighted to have them here today. Let us welcome .
PRESIDING OFFICER: (SENATOR DUDXCZ) Welcome to Springfield. Senate Bill 478, Motlons ln Writing to Accept Specific Recommendations for Change. Senator Thcmas Dunn. j Madam Secretary, read the motionr please. I I I ACTING SECRETARY HAWKER: ' i I move to accept the specific recommendations of the Governor 1 I as to Senate Bill 478, in manner and form as follows: Amendment to Senate Bill 478 i in Acceptance of Governor's Recommendations Piled by Senator Thomas Dunn.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn.
Thank you, Mr. President. I do so move. The original intent of thts bill was to provkde for a indkvtdual who had defrauded the ! welfare systemy that he or she be made to mandatorily work off a i 51 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 REGULAR SESSION I SENATE TRANSCRIPT ! 80th Legislative Day October l3, 1993 fine, if that individual did not have money r and I set the hourly rate at flve dollars an hour. The Governor raised the -- the questlon of whether or not such mandatory service would be available in a1l communitiesr which is a legitimate concern, and I have acceded to him taking out the mandatory aspect and leaving it ! up to the judger in the knstance where there ls the availabiltty to work off a fine. The other was that he raised the question of the fee being five dollars. I didn't think it was too highr being I i seventy-five cents over what they pay at McDonaldsr but as -- as the Governor points out, there are cases involving large amounts of money, and it would take alnost forever. So we've given discretion to the judge to set the hourly rate, Which means that he could set lt even at five or ten dollars. So I -- I accept ; those recommendations today.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dunn has moved to accept the specific recommendations of the Governor as to Senate Bill 478. Any discussion? If not, the questton is, shall the Senate aecept the speclfic recommendations of the Governor as to Senate Bill 478, in the i manner and form just stated by Senator Dunn. Those in favor will ; vote Aye. Those opposed will vote Nay. And the voting is open. ! Have al1 voted who wish? Have a1l voted who wish? Have a11 voted who wlsh? Take the record. On that question, there are 54 Ayes, ' no Nays, none voting Present. And the specific recommendations of the Gcvernor as to Senate Sill 478, havlng recelved the required constitutional majority of *he Senators elected, are declared accepted . Senator Fawell. Senate Bill 479. Madam Secretaryy read the motion.
I move to accept the speckfic recommendations of the Governor i 1 as to Senate Bill 479, in manner and form as follows: Amendment to Senate Bill 479 52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3y 1993 in Acceptance of Governor's Recommendations Filed by Senator Fawell. i
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell. SENATOR FAWEIIP Thank you very much. This ls a -- a bill that contains several bills that were introduced in the Transportation Committee. Basically, what the Governor has dcne is signed the other bills that he took out of this billr and so al1 the bill 1 will eventually be made the law. I therefore ask for a Yes vote to accept the Governor's amendatory veto.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell has moved to accept the speclflc I recommendations of the Governor as to Senate Bill 479. Any discussion? If not, the question is: shall the Senate accept the speciflc recommendations of the Governor as to Senate Bill 479, in the manner and form just stated by Senator Fawell. Those in favcr 1 . will vote Aye. Opposed Will vote Nay. And the votin: is open. Have all voted who wish? Have a11 voted Who Wish? Have all voted who wish? Take the record. On that questlonz there are 58 Ayes, no Nays, none vcting Present. The specific recommendations of the Governor as to Senate Bill 479, having received the required constitutional majorlty of the Senators elected, are declared accepted. Senator Butler. Senate Bill 499. Madam Secretaryr read the motion. ACTING SECRETARY HAWKER: ; I nove to accept the specific recommendations of the Governor as to Senate Bill 499, in manner and form as follows: ! I Amendment to Senate Bill 499 in Acceptance of Governor's Recommendations Filed by Senator Butler. PRESIDING OFFICER: (SENATOR DUDYCZ) I I 53 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 Senator Butler.
Ladies and Gentlemen, Senate Bi11 499 makes correctlons in -- in the bill, so that it wlll conform to the Wishes of the United States Department of Labor. These are -- these are technical changes, and I Would urge you to support the recommendations of the Governor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler has moved to accept the specific recommendations of the Governor as to Senate Bill 499. Any discussion? If not, the question isr shall the Senate accept the specific recommendations of the Governor as to Senate Bill 499, in the manner and forn just stated by Senator Butler. Those in favor will vote Aye. Those opposed will vote Nay. And the votlng ls open. Have al1 voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, and none voting Present. The specific recommendations of the Governor as to Senate Bill 499, having received the required constitutional majority of the -- of the Senators elected, are declared accepted. Senate Bill 550. Senator DeAngelis. Madam Secretaryy read the motion.
I move to accept the specific recommendations of the Governor as to Senate Bill 550, in manner and form as follows: Amendment to Senate Bill 550 in Acceptance of Governor's Recommendations Flled by Senator DeAngelis.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. Senate Bl11 550, as it left the Senatey permitted the Illinois Development Finance Authority to I 54 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislatlve Day October l3, 1993 hold meetings when there was less -- less than a quorum present, by using the teleconferencing method. The Governor felt that a Board of this importance ought to at least have nembers present for the quarum; if they wanted other members to participate by telephone, so be it. I therefore accept the specific 1 recommendations of the Governorz 'cause I agree With What he dld. '
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis has moved to accept the specific recommendations of the Governor as to Senate Bill 550. Any discusslon? If notr the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 550, in the manner and form just stated by Senator Butler -- Senator I DeAngelis. Those in favor Will vote Aye. Those opposed Will vote Nay. And the voting is open. Have all voted who wlsh? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. And the specific recommendations of the Governor as to Senate Bill 550, havlng received the required constitutional majority votes of the Senators elected, are declared accepted. Senator Petka. Senate Bill 759. Madam Secretary, read the motion.
I move to accept the specific recommendations of the Governor as to Senate Bill 759, in manner and form as follows: Amendment to Senate Bill 759 in Acceptance of Governor's Recommendatlons Filed by Senator Petka. PRESIDING OFFICER: (SENATOR DUDYCZ) ! : Senator Petka. ! 2 SENATOR PETKA: I Well, thank you very much, Mr. Presldent and Members of the Senate. As Senate Bill 759 passed the Senate, it contained a provision which basically permitted the court to take into ' 55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 consideration as a sentencing option the -- the societal impact upon the cost of nat incarcerating an individual. When it went over to the House, it plcked up an amendment that baslcally created a -- an additional surcharge to be deposited in the Trauma ! Fund. The Governor has correctly pointed out that the Illinois Supreme Court and the Conference of Chief Circuit Judges have expressed grave concerns about the increasing complexity of the use of fine monies, and for this reason, amendatorily vetoed the i legislation. After scme consideration, I think that the Governor is correct, in that this -- and as a result, I Would simply, once again, move to accept the amendatory vetoy so that the legislation would -- would become 1aw as originally proposed. 1'11 be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Petka has moved to accept the specific reconmendations of the Governor as to Senate Bill 759. Any discussion? If notr the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 759, in the manner and form just stated by Senator Petka. Thcse in favor Will vote Aye. Those opposed will vote Nay. And the voting is open. Have al1 voted who Wish? Have al1 voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 52 Ayes, no Nays, 5 voting Present. The specific reconmendations of the Governor as to Senate Bill 759, having received the required constitutional majority of the Senators elected, are declared accepted. Senate Bill -- no, 964. Senator Hasara. Madam Secretaryy read the motion.
I move to accept the specific recommendations of the Governor as to Senate Bill 964, in manner and form as follows: Amendment to Senate Bill 964 in Acceptance of Governor's Recommendaticns 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT ! I 80th Legislatlve Day October l3, 1993 Filed by Senator Hasara. i
PRESIDING OEFICER: (SENATOR DUDYCZ) Senator Hasara.
Thank you, Mr. President. The portion of this bill that uas ( amendatorily vetoed had a provision for funding rural health care. We did put money in the General Revenue Fund, although it Was less than the amount that Nould have been from this fundy but it is a start in funding rural health in the State of Illinois. The Governorz in his Message, agreed that this is a very important issue that we need to continue to address. But since we did find money in the General Revenue Fund: T would move to aceept the specific recommendations for change made by the Governor on Senate Bill 964.
PRESIDING OFFICER: (SEHATOR DUDYCZ) Senator Hasara has moved to accept the specific recommendations of the Governor as to Senate B1l1 964. Any discussion? Senator Welch.
I had a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indlcates she will yield. Senator Welch.
Senator Hasara, my understanding is that we 're taking away money that is guaranteed to the Rural Downstate Hea1th Access Fund. As a downstate person, why do you want to take ncney away from a fund specifically going to downstate health care?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Hasara.
Senator, obviously, I don 'k want to Eake money from a fund, but the Governor felt - and -- and it is true - that this is 57 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY i REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3# 1993 creating a precedent to find a specific fund that noW goes into General Revenue. It is true that the 1994 budget was balanced from money from this Fund. And we did create finally a precedent of finding some General Revenue funds. I have commitments that that will continue. Obviously, I would like to have had six million dollars in the Fundy but We got two and -- and it is a ' start. And I will accept this veto. i
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
1 Senator Hasara, I -- I can understand that you Want to keep i ! some type of program going that keeps money going to the General Revenue Fund; however, around here there's always a tradeoffy and I imagine that this was a tradeoff for downstate Illinois for somebody else getting something, and then this is our downstate tradeoff. So now a11 of a sudden, the other parts of the State that got thelr deal apparently aren't part of this bill. But the part of the bill that downstaters negotiated for is now going to be overridden? I -- I don't see Why we are taking needed money away from Downstate Hea1th Access Fund , Where you -- Where it's hard to find a hospital. The whole idea is that it's hard to access a hospital. We 've got money in this Fund to help us, and I don 't understand Why we want to make it more difficult for downstate people to flnd hospitals. This just doesn't make sense. I would urge a -- a No vote.
PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Hasara, to close.
I Would just ask for a favorable roll call. I Would remind you that we did not take money akay this year; we put money in a fund that had never been funded before. And so, while it is certainly not as much as many of us would have liked, it is the 58 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Leglslative Day October l3: 1993 1 . beginning of the funding of a btll that passed several years ago. So we did put two million new dollars from General Revenue into rural health care. I would ask for your support. !
PRESIDING OFFICER: (SENATOR DUDXCZ) The question is, Ehall the Senate accept the specific recommendations of the Gcvernor as to Senate 3i1l 964, in the manner and form just stated by Senator Hasara. Those in favor i I will vote Aye. Those opposed Will vote Nay. And the voting is open. Have a1l voted who Wish? Have a1l voted Who wish? Have a11 voted Who wish? Take the record. On that question, there are 43 Ayes, 11 Nays, 2 voting Present, and the specific i recommendatlons of the Gcvernor as to Senate Bill 964, having received the required constitutional majority of the voters <sic> elected, are declared accepted. For the informatlon of the i I Membership, we have a -- a couple of items ln the Supplemental Calendar No. 1. The Senate Will stand at ease for a feW minutes whlle the paperwork is being prepared. Messages from the House.
I A Message from the House by Mr. Rossl, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolutton 72 (Secretary reads HJR No. 72) Adopted by Ehe House, October 13, 1993. Anthony D. Rossi, Clerk of the House.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
Thank you, Mr. President. I would move for the suspension of *he rules for the immediate consideration and adoption of House I 59 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 1993 Joint Resolution 72.
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Weaver moves to suspend the rules for purpose of the imnediate consideration and adoption of House Joint Resolution 72. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Weaver has moved for the adoption of House Joint Resolution 72. Those in favor, say Aye. Opposed, Nay. The Ayes have it: and the motion is adopted. Resolukions.
Senate Resolution 829, offered by Senator Berman. Senate Resolution 830, offered by Senators Fitzgerald and Butler. They 're both death resolutions. And Senate Resolution 831, offered by Senator Geo-Karis. It is congratulatory.
PRESIDING OPFICER: (SENATOR DUDYCZ) Consent Calendar. Introductlon of Bills.
Senate Bill 1128, offered by Senator Topinka. (Secretary reads tltle of bll1) Senate Bill 1129, offered by Senator Topinka. (Secretary reads tëtle of bllt) Senate Bill 1130, offered by Senators Klemm , Peterson and Pawell. (Secretary reads title of bill) Senate Bill 1131, offered by Senators Topinka and Raica. (Secretary reads title of bill) And Senate Bi11 1132, offered by Senator Lapaille. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OEFICER: (SZNATOR DUDYCZ) Resolutions. 60 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993
Senate Resolution 832, offered by Senator Petka. It is congratulatory.
PRESIDING OFFICER: (SENATOR DUDYCZ) Consent Calendar. Message fron the Governor.
Message for the Governor, by Mark Boozell, Director of Legislative Affairs. Mr. President - The Governor directs me to lay before the Senate the following Message: State of Illinols To the Honorable Members of the Senate, Eighty-eighth General Assembly - I have nominated and appointed the following named persons to the offices enumerated below, and respectfully ask concurrence in and confirmation of these appointments of your Honorable Body.
PRESIDING OFPICER: (SENATOR DUDYCZ) Messages from the House.
A Message from the House by Mr. Rossi, Clerk. Mr. President - I am dtrected to inform the Senate that the House of Representatlves has accepted the Governor's speciflc recommendations for change, which are attached, to a bill of the following title, in the adoption of which I am instructed to ask the concurrenee of the Senate, to w1t: House Bill 659. I have like Messages on House Btlls 1377, 1451 and 2375. A Message from the House by Mr. Rossi, Clerk. i I Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, the veto of the Governor notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senate, to l 61 STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13r 1993 wit: House Bill 317. A Message fron the House by Mr. O 'Brien -- pardon me, by Mr. Rossi, Clerk. Mr. President - I am directed to inforn the Senate that the House of Representatives has passed a bill of the following title, the Governor's speciflc recommendations for change notwithstanding, in the passage of which I am instructed to ask the concurrence of the Senater to wit: House Bill 1256. Passed the House, October 13, 1993, by a three-flfths vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Motions.
I move that the Committee cn Rules be discharged from further consideration of House Bill 474 and that the bill be placed on the Order of 2nd Reading. Filed by Senator Woodyard. PRESIDING OFFICERJ (SENATOR DUDYCZ) Madam Secretaryr the Chalr requests that these motions be printed on the Calendar. So ordered. The Senate Will stand at ease for a few moments While we return to Special Session. (SENATE STANDS AT EASE) (SPECIAL SESSION) (See Special Session Transcrlpt) (SENATE RECONVENES) 62 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT i 80th Legislative Day October 13, 1993 I
PRESIDING OFFICER: (SENATOR DUDYCZ) The regular Session w111 now reconvene. Senator DeAngells, for what purpose do you rise? SENATOR DeANGELIS: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR DeANGELIS: For those of you who may have been noticing, there are some of us that are wearing funny plctures on our lapel. That picture - and the event soneone ls not aware of - is the picture of one of our most able -- most able staff members, who is today celebrating her 40 birthday. 40th Birthday, Nancy Couter. Nancyr why don't you stand up and 1et everybody know hou much better you look today than you did then?
PRESIDING OFFICER: (SENATOR DUDYCZ) Happy Birthday, Nancy. We Will now go to the Order of Supplenental Calendar No. 1. Motlons in Writing to Accept the Specific Recommendatlons for Change. Senate Bill 775. Senator Shaw . Madam Secretary, read the motion.
I move to accept the specific recommendations of the Governor as to Senate Bill 775, in manner and form as follows: Amendment to Senate Bill 775 in Acceptance of Governor's Recommendations Filed by Senator Shaw.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Shaw.
Thank you, Mr. Fresident. T move to aegept the specific recommendations of the Governor's veto, on Senate Bill 775.
PRESIDING OFFICER: (SENATOR DUDYCZ) 63 STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October l3, 1993 Senator Shaw has moved to aecept the specific recommendations of the Governor as to Senate Bill 775. Any discusslon? If not, the question is, shall the Senate accept the specific recommendations of the Governor as to Senate Bill 775, in the manner and form just stated by Senator Shaw. Those in favor will vote Aye. Those opposed Will vote Nay. And the voting is open. Have all voted who Wish? Have a11 voted Who wish? Have a11 voted ' who wish? Take the record. On that question, there are 56 Ayes, no Nays, and none voting Present. The specific recommendations of the Governor as to Senate Bill 775, having received the required constitutional majority of the Senators electedr are declared accepted. On the bottom of the Supplemental Calendar No. 1 is the Order of Conference Committee Reports. Madam Secretary, do you have a file on Conference Committee Report on Senate Bill 7077
First Conference Committee Report on Senate Bill 707.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Farley.
Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. I would move to adopt Conference Conmittee Report on Senate Bill 707, whlch allows the Downstate Forest Preserves and the Cook County Forest Preserves to levy general taxes by general categories. Also contalned in this Conference Committee Report is a -- a provision that Senator Watson needed for the Metro link Ksicl light-rail system in -- from East St. Louis to the Scott Air Force Base. There was a bill, House Bill 930, that Was passed and signed, and it had no effective date, and Senator Watson also asked lf we could include that in the Conference Committee Report. So, Mr. President, I Would move that we do adopt Conference Committee Report No. 1 to 707. PRESIDING OFFICER: (SENATOR DUDYCZ) 2 64 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13r 1993 Is there any discussion? Senator Hawkinson.
W11l the sponsor yield for a question, please?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Hawkinson.
Senator, does this contain any tax levy validations?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Farley.
No . .. PRESIDING OFFICER: (SENATOR DUDYCZ) i Any further discussëon? If not, the question is, shall the I Senate adopt the Conference Committee Report on Senate Bill 707. i Those in favor Will vote Aye. Opposed Will vote Nay. And the voting is open. Have a1l voted who Wish? Have a1l voted Who wish? Have a11 voted who Wish? Take the record. On that questionr the Ayes are 46, the Nays are 1l: none voting Present. And the Senate does adopt the Conference Commlttee Report on Senate Bill 707, and the bill, having received the required three-fifths majority, is declared passed. ...lmicrophone cutoffl...now prcceed to the Order of Resolutions Consent Calendar. Madam Secretary. ...tmicrophone cutoffl...leave of the Body, a11 those read in today will -- Will be added to the Consent Calendar. Madam Secretary, have there been any objections filed Eo any resolution on the Consent Calendar?
There have been no objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) If not, the questlon is, shall the resolutions on the Consent Calendar be adopted. A1l those in favor, say Aye. Opposed, Nay. The motion carries, and the resolutions are adopted . Senator 65 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 80th Legislative Day October 13, 1993 i I Woodyard, for What purpose do you rise? 1
Thank you, Mr. President. I would like to remind the Members that when we come back, we will be hosting as the Illinois Legislative Sportsmen's Caucus, a wild game hors d'oeuvres receptton over at the Hilton. And there's going to be a -- a tremendous auction over there, and all of our Members here will certainly come away winners. I hope that each and every one of you Will put that on your calendars. I know you have invitationsz and certainly encourage you to attend . Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) If there's no further business to come before the Senate, Senator Weaver moves the Senate stand adjourned until the hour of noon on Tuesday, October 26th. 66 C % REPORT: TIFLDAY STATE OF ILLINOIS 94/11/29 PàGE: 0O1 88TH GENERâL ASSEHBLY 1k:02:51 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX OCTOBER 13, 1993 SB-0007 7ET0 ACTION SB-00R8 VETO 2CTION SB-0099 VETO ACTION SB-0100 7ETO ACTION 58-0159 7ET0 ZCTION SB-022R 7ET0 ACTIOK SB-025R 7ET0 ACTION 58-0286 7ETO ACTIOM 58-0287 7ETO ACTION SB-0291 VETO ACTION 53-0325 VETO ACTTON SB-0R02 7ETO ACTION SB-0R78 7ETO ACTION SB-0V79 7ET0 ACTION SB-0R99 VETO kCTION SB-0550 7ETO ACTION SB-059y 7ETO ACTION SB-0T07 COMFERENCE 58-0759 VETO ACTIOV 58-0775 7ETO ACTIOV SB-096R 7ET0 ACTiON SB-1078 7ET0 ACTION SB-1127 FIRST READING SB-1128 FIRST REZDING SB-1129 FIRST REZDING SB-1130 FIRST READIVG SB-1131 FIHST READING SB-1132 FIRST REZDING 5R-0823 ADOPTED 5R-0827 RESOLUTION OFFERED 5R-0828 RESOLUTIOV OFFERED 5R-0829 PESOLUTION OFFEHED 5:-0830 RESOLUTION OFFERED SR-O831 RESOLUTION OFFERED 5R-0832 RESOLUTIO: OFFERED HJR-00T2 ADOPTED HJR-0072 RESOLUTION OFFERED SJR-0091 RESOLUTIOM OFFERED sJR-009k RESOLUTION OFFERED SJR-0O95 RESOLDTIOM OFFERED SUBJECT MATTER SENZTE TO ORDER-SENZTOR UE27ER PâGE 1 PRAYER-PASTOR JOHM DUKE PAGE 1 JOURMAL-POSTPONED PZGE 1 COMNITTEE REPORTS PZGE 1 MESSAGE FROM THE HOUSE PAGE 59 HESSAGE FOR THE GOVERNOR PAGE 61 HESSAGES FROH THE HOUSE PâGE 61 AT EASE F0R SPECIAL SESSION PAGE 62 SENkTE RECONVEME: PZGE 62 RESOLUTIONS COMSENT CALEVDZR-ADOPTED PZGE 65 ADJOURNHENT PZGE 66