PRESIDING OPFICER: (SENATOR GEO-KARIS) The hour of noon having arrived, the reqular Session of the 88th General Assembly will please come to order. Will the -- Will the Members please be tn their seats, and will our guests in the gallery please rise. Our prayer today will be given by Reverend Loren Rasbury, Sunnyside Road Church of Christ, Decaturr Illinois. Reverend Rasbury.
(Prayer by the Reverend Loren Rasbury) :
PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you, Reverend Rasbury. Reading of the Journal. Senator ! Butler. I
Madam Prestdent, I nove that reading and approval of the 1 Journals of Wednesday, April 13th; Thursday, Apri1 14th and Friday, April 15th, in the year 1994r be postponed, pending arrival of the printed Journals.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Butler moves to pcstpone the reading and approval of the Journal , pending arrival of the printed transcripts . There being no objectiony it is so ordered. Committee Reports.
Senator Watson, Chair of the Conlmittee on Educaticn, reports Senate M endment No. 2 to Senate Bill 1181 Be Adopted; M endment 1 to Senate Bill 1274 Be Adopted; M endment 1 to Senate Bill 1567 Be Adopted; M endment 1 to Senate Bi11 1628 Be Adopeed; and M endcten: l to Senate Bill 1682 Be Adopted .
PRESIDING OPFICER: (SENATOR GEO-KARIS) Resolutions.
Senate Resolution 1273, offered by Senator DeAngelis . Senate Resolution 1274 is offered by Senator Jones. 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 As is Resolution -- Senate Resolution 1275. Senate Resolution 1276, by Senator Klemm. Senate Resolution 1277, by Senator Fitzgerald. Senate Resolution 1278, by Senator Jones. Senate Jcint Resolution l41 is offered by Senators Ralph Dunn and Burzynski. And Senate Joint Resolution 142, by Senators Rauschenberger, Topinka and a1l Members. They're a11 congratulatory or death resolutions, Madam President. PRESIDING OFFICER: (SENATOR GEO-KARIS) Consent Calendar . SECRETARY HARRY : Senate Resolution 1279z by Senator Rauschenberger . And Senate Joint Resolution 143, by Senator Rauschenberger. They 're bcth substantive . Senate Resolution 1280 y by Senator Geo-Karis and al1 Members . It 's a death resolution, Madam President . PRESTDING OFFICER: (SENATOR GEO-IIARIS) Consent Calendar . Senator Dunn, for what purpose do you rise? Ralph Dunn. Your microphone is not operating very Well. Would you like to borrow the -- your colleague's microphone? SENATOR R . DUNN : Thank you . I --1 'd like to ask for inunediate consideratïon of Senat.e Joint Resolutian 141. It $s congratulatory . PRESIDING OFFTCERJ (SENATOR GEO-XARIS) Senator Dunn moves to suspend the rules for the purpose of the immediate consideration and adoption of this resolution. Those in favor wi11 say Aye. Those opposed, Nay. The Ayes have it. The rules are suspended . Senator Dunn , to explain your your resolut1on . SENATOR R . DUNN : This is a congratulatory resolution that -- Senat.e Joint 2 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9: 1994 Resolution for the Pinckneyville Panthers, and they dll be here tomorrow. Wanted to get it sent today, so we could present it to them tomorrow . I appreciate your support. @ PRESIDING OFFICER: (SENATOR GEO-KARIS) i i Senator Dunn has moved for tHe adoption of his resolution. . Thcse in favor, say Aye. Those opposed, say Nay. The Ayes have it, and the resolution's adopted. Senator DeAngelisr fcr what purpose do you rise, sir? SENATOR DeANGELIS: On a point of personal privilege...
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your polnt of... SENATOR DeANGELIS: . .. Madam Presldent. I 4
PRESIDING OFFICER: (SENATOR GEO-KARIS) State your point of personal privilege, sir. i SENATOR DeANGELIS: On the gallery facing us on the righty we have the young people from the Illinois Collaboration on Youth: the Chlcago Youth : Centersy Aunt Marthads, and the Chicago Area Projects. Will they please stand and be recognized. !
PRESIDING OFFICER: (SENATOR GEO-KARIS) Welcome to the Illinois Senate. Resolutions. SECRETARY HARRY: i Senate Resolution 1281 is offered by Senator Berman . It's congratulatory, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Consent Calendar. Any Messages? We will now proceed to the Order of 2nd Reading . We 're going to proceed to the Order of 2nd Readin: . The Members are advised to turn to page 2 of *he Calendar. At the top of page 2 is the Order of Senate Bills , 2nd Reading . Senate Bill 1133 . Senator Cullerton . Senate Bill 1168 . 3 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leglslative Day April 19r 1994 Senator Cronln. Senate Bill 1172. Senator Raica. Senate Bill 1229. Senator Fawell. Senate Bill 1263. Senator Ralca. Senate j Bill 1311. Senator Molaro. Senate Bill 1318. Senator DeLeo. Senate Bill 1364. Senator Klemm . Senator Klemm. Senate Bill 1364. Senator Klemm? Mr. Secretaryr read the bill. '
Senate Bill 1364. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1477. Senator Raica. Senate Bill 1528. Senator Karpiel. Senate Bill 1528. Mr. Secretary, read the bill. Senator <sic> 1528. Senator Karpiel. Mr. Secretary, will you please read the bill.
Senate Bill 1528. I (Secretary reads title of bill) 2nd Reading of the bill. No conmlittee amendments.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No amendments reported # Madam President .
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 1628 . Senator Sieben . Senate Bill 1628 . Senator Sieben. Senate Bill 1701 . Senator Dudycz . Senate Bi11 1715. Senator Ralph Dunn. Senate Bi11 1746. Senator Donahue . Senate Bill 1819 . Senator Klemm . Mr . Secretary , read the bill . Senate Bill 1819.
Senate Bill 1819 . (Secretary reads title of bil1) 2nd Reading of the bill . The Committee on Transportation adopted 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leglslative Day April 19r 1994 I Amendment No. 1.
PRESIDING OFFICER: (SENATOR GEO-XARIS) Have there -- have there been any Floor amendments that have been approved for consideration? SECRETARY HARRY: ' No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senator Raica requests to go back to 1172. With leave of the Senate, Senator Raica. Senate Bill 1172. Mr. Secretary, please read the bill. 1172.
Senate Bill 1172. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Envlronment and Energy adopted Amendment No . 1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments?
No further anendments reported, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading . Senate Bill 1263. Senator Raica. Senate Bill 1263. Senator Raica ready? Mr. Secretary, will you read the bill. :
Senate Bill 1263. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government -- there were no committee amendments, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any Floor amendments that have been approved for consideration?
5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day Aprll 19, 1994 Amendment No. 3, offered by Senator Raica.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Raica.
Thank youy Madam President. Amendment makes technical and typographical changes to the bill, as requested by the State Qsic> Enrolling and Engrossing and the State Board of Electicns, and I just ask for its adoption.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any -- is there any diseussion on this amendment? Hearing none, Senate -- Senator Raica moves the adoption of Amendment No. 3 to Bill 1263. Those in favor, say Aye. Those opposed, say No. The Ayes have it, and the amendment's adopted. Any further anendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1477. Senator Raica. Mr. Secretary, will you please read the bill.
Senate Bill 1477. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senator Raicar for what purpose do you rise, sir?
Just a question of the Chair, Madam President. If -- if an agreement is worked outr is it the opinion of the Chalr that We'1l be able to bring that bill back to 2nd Reading for the purposes of an amendment?
PRESIDING OEFICER: (SENATOR GEO-XARIS) i 6 STATE OF ILLINOIS 88TH GENEM L ASSEMBLY REGULAR SESSION éENATE TRANSCRIPT 106th Legislative Day April 19 r 1994 Yes. That's my understanding.
Thank you, Madan President.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Okay . I now advise the Membership to turn .to page 3 of today 's Senate Calendar. We shall now proceed to the Order of Senate Bills 3rd Reading. This is final action. Senate Bills 3rd Reading. Senate Bill 393. Senator Woodyard. Senator Woodyard.
I'n trying tc -- okay. Madam President and Members of -- of the Senate, I would like to re-refer Senate Bill 393 to Senate Rules Collmlittee . This is a bill that we hope this fall will be in place for pesticide monitoring and remediation.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Hearing no objection, this bill ls re-referred to Rules. Senate Bill 481. Senator Butler . Senate Bill 1110 . Senator Shadid. Senate 3ill 1144. Senator Petka. Mr. Secretary, read the bl11.
Senate Bill 1144 . (Secretary reads title of bill) 3rd Reading of the bill .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka .
Thank you very nuchy Madam Presïdent and Members of the Senat.e. Senate Bill 1144 would allow public schoolteachers and school -- and school administrators to use . read from , or post hlstorically slgnificant documents -- documentsr writings and records. It would prohibit any censorshlp of M erican history or historically based textbooks of any religious references contained in those documents, Writings or records. This bill is based upon 7 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9y 1994 a number of laws which have passed in four states -- Tennesseer i Kentucky, Arizona and Arkansas. The reason for this bill is based I on a study which was done by the National Institute of Education in 1988, which basically found that there Was systematic censorship of religion from American textbooks and government textbcoks. It is the opinion of the author of that study, Dr. Paul Vitz, that the censorship that ls -- that has been dane does not lend itself to accurate historical education. Because of that, this bill simply seeks to tell teachers and administrators that they do have, in fact, the right to post historically significant documents , writings and records of our founding fathers in the teaching of American History and -- and M erican Government. With thatê Madam President , I '11 answer any questions. PRESIDING OFEICER: (SENATOR GEO-KARIS) Can we have it a little quiet, so everyone can hear what the bills are a1l about? Sometimes We vote on some things We're not sure -- we 're not -- what we 're voting on , because we can 't hear . Senator Jacobs, for what purpose do you rise? SENATOR JACOBS : Just a question of the sponsor, Madam President. PRESIDING OFFICER: (SENATOR GEO-KARIS) Question of the sponsor. He indicates he'11 yield. SENATOR JACOBS : Madam President, Ladles and Gentlemen of the Senate . This is one I don't have any qualms withy but T'd just want to remind some of the people on our side of the aisle , what -- what may be getting into . and -- and it 's a question I would have of the Senator, in regards to -- to this piece of legislation, Senator. Would this allow them the -- the reading of the Bible as an example, to be read into in -- in -- in our schoolsr if this bill were to be passed? could we then be mixing the religion into the 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 public school system? PRESIDING OFFICER: (SENATOR GEO-KARIS) i Senator Petka.
Thank you very much for the questiony. Senator. I've heard that comment made before. Quite frankly, I don't know Where it comes from. If you read through the -- *he documents that -- that I've alluded to, and similarly based documents, they 're talklng abcut organic documents of the foundin: fathers: documents related to the founding fathers' speeches, documents related the constitutional conventions of the early statesr and similarly situated documents . Certainly , I 'm not going to pass legislaticn Which offends the constitution . But in my opinlon, the legislation that I have before you sir, is legislatlon Which I think is necessary, so that we have accurate American history and accurate American government without censorship .
PRESIDING OFFICER : (SENATOR GEO-KARIS) Senator Jacobs .
So your concern then is to ensure that -- that these books -- these letters are in their entirety rather than bits and pieces that are chosen and -- and certain - which we say - indicatlons toward religion or anything elsey Would stlll be allowed z they 're part of the official record ...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Jacobs, could you speak a llttle clearer and louder? Ladies and Gentlemen of the Senate r the sponsors can 't hear *he discusslon on the bills, and lt isn 't fair to the sponsors or the people asking the questions . Could -- could I beseech you to be quiet while We can hear the bills . Senator Jacobs , wculd you please...
9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leglslative Day April 19, 1994 Sure.
PRESIDING OFFICER: (SENATOR GEO-KARIS) ... repeat your conments for Senator Petka?
So I understand it correctly, Senator: So your concern to ensure that -- that these things are introduced in their entirety, rather than to be censored - part of it to be censored outr and to give them the whole history rather than part of the hlstory. Is that correct?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka . Senator Petka.
Senator, that is certainly correct. I think that you see in the studies that I alluded to , where they pointed out a number of instances where documents were altered which simply do not reflect the content of the criginal documents.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator -- are you done, Senator Jacobs? Eurther discussion? Senator Palmer. And before Senator Palmer speaks, WCIA wants permission to videotape us. Do we have that permisslon? No oppositlon. Permission's granted. Senator Palmer, for further discusslon? SENATOR PALMER ) Thank youy Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Let's have it a little quiet, Ladies and Gentlemen.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indlcates he will yield.
Senator Petka, according to the list that I have in front of 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 me on ny analysis, beginning with the Mayflower Compact: the ' Declaration of Independence and so forth, are there any of these that to your knowledge we cannot quote from or pcst in thelr entirety at present?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka.
Welly Senator, we are -- we are supposedly living in a free nation where we can quote liberally from any documents that we choose. What I'm suggesting, and what the study of -- that Was done by the National Institute of Education in 1988, is that are in factr there is content-based censorship of documents. What this piece of legislation attempts to do is to tell teachers and adminlstrators in school systems that they're not requlred to use, simply as source materialsy censored documents: but can go back to the originals if they choose.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Palmer.
Thank you, againr Madam President. To the bill: Senator Petka, I have been a Eeacher, and in faet have used these documents freely, both in the publtc schools and in unlversities, and to my knowledgez no one has ever discouraged me from uslng them in any way that I saw fity khat fit the curriculum. I wculd be very leery of this bill, because it doesn't make sense. If these are the documents that we are talking about, then any teacher anywhere in the United States is proud to use them and uses them freely. I don't like hidden agendasy and this one suggests that there ls a hidden agenda here. If you have anoEher matter in mind, then I Wish that you'd just say so, and let's argue that point.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 Any further discussion? Senator O 'Malley. Senator O 'Malley? l 1 Further discussion?
Thank your Madam Presidentr Members of the Senate. I Would ' I just like to say that I'm pleased to support and cosponsor Senate I l I Bill 1144 - a bill which prohibits -- censcrship of the documents ' on which our republic is founded. Editing of these documents, for any reason, should be by the Amerlcan citizens of our great nation, who are given the opportunity to read and study these -- these important historical documents, in their complete form. Thank you very much. I urge you to support this bill. j
PRESIDING OFFICER: (SENATOR GEO-KARIS) I would like to ask the staff to take thelr conferences off the Floorr because we -- we want our speakers to be heard. Any further discussion? Any further discussion? Hearing none, Senator Petka, to close.
Well, thank you very -- very much again, Madam President and Members of the Senate. As I explained when I made inltial remarks about this legislation, I think that really the -- the General Assenbly has the righk to set the tone and pollcy of the State of Illlnois. I think there has been a reputable study that has been done in this instance, in which censored materials have been given in the name of -- of correctness. I do believe that this Body can - - can send a message to teachers and administrators throughcut the State, that they certainly have the full blessing of the General Assembly to use source materials in asslsting the teaching of accurate American history, its education, and also American -- and American governnent. And for these reasons, I urge adoption of the legislation.
PRESIDING OFFICER: (SENATOR GEO-KARIS) A11 right, the questlon is, shall Senate Bill 1144 pass. 12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 Those in favor will vote Aye . Those opposed Will vote Nay . The voting is open. Have a1l voted Who wish? Have a11 voted who wish? Have all voted who wish? Mr. Secretary, take the record. ' On that record, there are 39 Ayes , there are 8 Nays, 7 voting Present, and this bi.ll, having recelved the required constitutional majority, is hereby declared passed. Senate Bill 1146. Senator Klemm r do you Wish this bill returned Eo 2nd Reading for purposes of amendment? A11 right. Senator Klemm seeks leave of the Body to return Senate Bill 1146 to the Order of 2nd Reading for the purpose of an -- of an amendment. Hearing no objection, leave is granted. Mr. Klemm. On the Order of 2nd Reading is Senate Bill 1146. Recalled to 2nd Reading. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. lr offered by Senator Klemm.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Klemm.
Thank you, Madam President. Amendment No. l to Senate Bill 1146 is an attempt to -- is an attempt to add some language to include concealment of homicidal death and aggravated arson to the list of offenses that have an unlimited statute of limitations, and this would allow the prosecution of those offenses to be commenced later on. This was a provision that was in a bill earlier by the Secretary of State of Cook Countyy and there's no opposition that I'm aware ofy and 1'11 be glad to answer any questions, or I'd move for its adoption.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, a11 those in favor, say Aye. Al1 opposed, Nay. The Ayes have itr and the amendment's adopted. Any further Floor amendments approved for conslderationr 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGDLAR sEssIoN SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 I Mr. Secretary?
No further amendments, Madam Presldent.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1147. Senator Hawkinson. Senate Bl11 1175. Senator O'Malley. Senate Bill 1181. Senator O 'Ma11ey. Senator O'Malley. 1181. Thls is a recall. Do you ! wish it recalled for the purposes of an amendment?
Yes. PRESIDING OFFICER: (SENATOR GEO-KARIS) I Senate Bill 1181 is being recalled to 2nd Readlng for the purpose of amendment. Hearlng no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1181. Mr. Secretaryr are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Mahar.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Mahar, on Amendment No . 2.
Thank you, Madam Presidentr and Members. I have a school -- elementary school district in -- in my area that, in the past, has accessed a fund for leasing educational facilities. They no longer have a need to do so, and they wish to take the thirty thousand dollars in that account and abate it back to the taxpayers. Apparently, a change in the Statute is required; that's what this amendment does. And I would move for the adoption of Floor Amendment No. 2 to Senate Bill 1181. !
PRESIDING OFFICER: (SENATOR GEO-KARIS) A1l right. Al1 those in favor of this amendmenty signify by saying Aye. A1l opposed, Nay. The amendment is adopted. Any ! further Floor amendments, Mr. Secretary? 14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19r 1994 i i No further amendments reportedr Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Readlng . Senate Bill 1186. Senate Bill 1200. Senate Bill 1200, Mr. -- .senator Klemm. Senate Bill 1200. Senator Klemm . Mr. -- Senate Bill 1207. Senator Watson. Senate Bill i 1211. Senator Thomas Dunn. Mr. Secretary, Will you read the bill, please.
Senate Bill 1211. (Secretary reads title of bill) 3rd Reading of the b1l1.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Dunn.
Thank you, Madam President and Members of the Body. What this bill says is that if youy as an indlvidual: appeal your property taxes, and the matter goes to the property tax appeal board and you win, the assessor is precluded the followlng year from raising up your taxes and the assessmenty unless there is a sale or until the next quadrennial. This natter is supported by the Farm Bureau, and by the Taxpayers' Federation. If there are any questions, 1'11 be happy to answer. This is also one of the nost famous bills that's probably going to come up this year, because of its cosponsor. It is now officially a Dunn-Dunn blll. And we, of course, look forward to doing a -- doing a turkey over in the House, and making it a Dunn-Dunn-Dunn bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion on the Dunn-Dunn b111 - Senate Bill , I 12117 Any further discussion? Hearing ncne, Senator Dunn, to j close.
15 STATE OF ILLINOJS 88TH GENERAL ASSEMBLY REGULAR SESSION éENATE TRANSCRIPT 106th Legislative Day April 19r 1994 I urge an Aye vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate Bill 1211. The question isy shall Senate Blll 1211 pass. Those in favor will vcte Aye. Those opposed Will vote Nay. The voting 's . open. Have a1l voted who wish? Have all voted who Wish? Have all voted who wish? Mr. Secretary, take the record. On that bill, there are 54 Ayes, none voting No, none voting Presenty and this bill, having received the requlred constitutional majority, is hereby declared passed. Senate Bill 1212. Senator Mahar. Mr. Secretary: read the bl11.
Senate Bill 1212. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senakor Mahar.
Thank you, Madam President, Members of the Senate. The City of Chicago for a past number of years, has enjoyed a franchise agreement with Comncnwea1th Edison. And this agreement is calculated based upon total revenues of the utility. We -- we believe that this amount realizes about seventy mlllion dollars to the City of Chicago, and that is not in question. It was negotlated in good faith. However, whaE is in questlonr and what this blll seeks to correct, is the fact that the Commonwealth Edison seeks to recoup that seventy million dollars from its entire rate base, two-thirds of whlch is outside of the Clty of Chicago. If this bill passes, there will be about a forty-five milllon dollar end to that subsidy by suburban Cook and the Collar Counties. This bill would elimlnate thls situation by requiring that the franchise fee agreenent be recouped from customers in the municlpality which agreed to the franchise fee. I would be happy 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leglslative Day Apri1 19, 1994 1 I to entertain any questions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further questions? Any further questions? Any further questions? Hearing none, senator Mahar, to close. On this bill, Senate Bill 1212: the question is, shall this bill pass. Thase in favor will vote Aye. Those opposed Will vote Nay. The vctinç's open. Have all vcted who wished? Have a11 voted who Wlshed? Have a1l voted Who wished? Mr. Secretary, take the record. On thls questlon, there are 43 Ayes, 9 voting No, 3 voting Present, and this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1223. Senate Bill 1228. Senator Cronin. Senate Bill 1253. Senator Carroll. Senate Bill 1260. Senator Hasara. Mr. Secretary, read the bill. 1260.
Senate Bill 1260. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hasara.
Thank you, Madam President and Ladies and Gentlemen af the Senate. This bill is -- was introduced on behalf of about a hundred falconers ln the State of Illinois. And as most of you know, falconers do not use a flrearm when they hunt. And they have asked to be exempt frcm the orange hat legislation. They -- falconers do not hunt on public lands, because they don': like to hunt where other hunters are around. So they are only hunting an private land, and there are -- there are two problems Ehat they have with wearing the orange hat. First of allr often their bird focuses on the color of the hat, and is a distraction in hunting. Secondly, falconers are concerned that when people see them l 17 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 hunting on this land, that they think they are hunting illegally with a firearm and do not realize that they are simply out with their bird, hunting game and not even using a firearm. I have been asked to see that an amendment is put on in the House that 1 ' would.verify that they would be exempt only when other hunters are not available. And I w111 be glad to work on that. But it is true that they do not hunt when other hunters are aroundr because they are worried about their bird being shot. So I would be glad to answer any questions I -- that I can answer, and ask for a favorable vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Welch.
I had a question of the sponsor.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Just a moment, Senator Welch. Senator Welch would like to be heard in his questlony and I'm sure Senator Hasara Would like to know what the question is. Senator Welch.
Thank you, Madam Presldent. Senator Hasara, in committee there Was a question as to Whether individuals With the blrds Would be wearing these orange hats. They Would be in the field at the same time other hunters are out hunting. Have you remedled that, or have you changed the -- the -- the times of hunting so that they won't be out on the field at the same time?
PRESIDING OFFICER: (SEHATOR GEO-KARIS) Senator Hasara.
As I mentioned, Senator, they do not hunt When other hunters are around . They do not hunt on publkc land , so 1 think the concern in the committee Was abcut private lands, and as I just mentioned, I have agreed to work on an amendment in the House that 18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9r 1994 would specifically specify that they would be exempt only When no hunters are around. But as a matter of fact, they do not hunt when other hunters are around, because they're Worried about their birds being shot.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Welch.
Well, if you have two hunters going out to two farms next tc each other, and one tells the falconer he can go ahead and hunt, and the falconer doesn 't have a hat on, and at the next farm they are cut hunting pheasants and -- or deer, or both, and what's tc stop somebcdy on the next farm from shooting at somebody without a hat. That's the whole purpose of wearing a hat is to protect the hunter, not -- not the falcon. So how can you avoidr unless you get a11 the farmers together in one area, to make sure they only have one type of hunter at a time out there? I -- that sounds to me like it's going to be very difficult to do.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hasara.
All I know is What the falconers tell mey Senatcr: that they obviously want to be very, very careful that they do not hunt When anyone else ls around, for the safety of their birds. We will put an amendment on in the House that does specify that they are exempt only when there are nc other hunters around .
PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Welch.
Well, you know , this reminds me of the bill We had a few years ago, where -- lt was -- we Ire going to glve hunting licenses to blind people. It it makes as -- as little sense to me because youlre going to have people -- so what if the falconers want STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9: 1994 out tbere? we're going to authorize them to be in a fleld next to where people are hunting deer or other anlmals. The purpose here is to protect everybody. There's a hundred and thirty falconers that Welre talking about. It -- it seems to ne to be pretty . ridiculous to exempt them from Wearing a hat. I -- I think that's What this boils down to. They don't want to wear an orange hat -- seems to be what the problem is. PRESIDING OFFICER: (SENATOR GEO-KARIS) Are you finished? SENATOR WELCH: It makes no sense to me. I think We should vote No and 1et them come back and -- or let them wear their hats. That doesn't seem to be -- 1et them put a Cub sticker on the front, and they can wear them out ln the field . PRESIDING OFFICER: (SENATOR GEO-KARIS) Thank you. Senator Hawkinsonr further discussion? SENATOR HAWKINSON: Thank you, Madam President. I shared some similar concerns; however, the sponsor has given her commitment and the Department has given a commltment to not move thls bill in the House until we have an amendment that addresses the concerns of other hunters in the vicinity. And I agree with the prior speaker that that may be difficult to do. But we have the sponsor's commitment, and With that commitment, I1m prepared to advance this bill to the House. PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Raica. SENATOR RAICA: A questkon of the sponsor, please. PRZSIDING OFFICER: (SENATOR GEO-KARIS) She indicates she'll yield. SENATOR RAICA: Senator Hasara, just correct me if I'n Wrong. I think the ' 20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 i main idea that you are trying to impress upon the Members is that the reason that the caps don 't want to be worn, is because they just want to make it very clear that they don't have Weapons on them, and that their -- their birds are actually -- for less a . meaning -- unless I don't knowr are -- are their weapcnsr or whatever? And that's the only reason for this. It's not that they don't want to wear them, but they just want to make people aware that they're out in the field, and it's not that they don 't want to comply with, it's just that they -- theydre unarned and they just want to 1et their birds go free. Right? They caution the rest of the people that could be in the rest of the vicinity, not to shoot their bird . PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Hasara. SENATOR HASARA: That's certainly ccrrect, Senator. As I mentloned, there really are two concerns: what you expressed ls one - that they don't want people to see the orange hat when they 're on property where you dre not supposed to be hunting with a firearm, and think they 're dotng somethtng tllegal. The second reason is that the hat is distracting to the bird . And often the bird Will go for the hat, rather than for the game that they 're hunting. I wish that you could meet some of these people. They are the most dedlcated group of hunters I think that I've ever met. And they 're very serious abcut their birds and What they're doing. And they're obviously very law-abiding. So you're exactly right. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Woodyard. SENATOR WOODYARD: ' Thank you: Madam Presidenty Members of the Senate. This bill certainly appeared before our committee. Senator Hasara has done a pretty darn good job of trying to put this together to address . ' . I 2l ''. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT . 106th Legislative Day April l9z 1994 some concerns that the falconers have. This isn't -- like five i thousand people out there, for heaven's sakes. It's a small group l of people that want someklndofexemptionfromtheorangecap j i bill. We did that for the field trialers - the bird dog field trialers last year, when this bill passed. And I don 't think it's-- it's, quite frankly, that big a deal. These little falcons don't chase after Senator Madigan's rotating pigeons, or somersaultin: pigeons, or anythlng. For the most part, they're out there in the field hunting little micer and -- and if they want this exemption, for heaven's sakes, why shouldn't we pass it?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator O 'Daniel.
Yes. Thank you, Madam Presldent. I -- I think this b111 Will weaken my orange cap bill that we had last year. You know, we passed that for safety reasons, and you knowr I -- I just think that these people shouldn 't be out there When theyfre -- When theydre hunting. If they dor you know, I'd think they 'd have these falcons tralned enough that the red cap wouldn 't -- I mean the orange cap wouldn 't confuse them on whether it's the falcon hunter, or Whether lt's -- it's the regular hunter. I -- I think this is just something else to clutter up the law With and weaken ny billz and I -- I would oppose this legislation.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discusslon? Senator Thomas Dunn.
Thank you, Madam Presidenk. Well, a quesEion of Senator Woodyard. Senator Woodyard says that these birds prey on mice. How in God's name are the mice going to see them if they don't have orange caps on? PRESIDING OFFICER: (SENATOR GEO-KARIS) I Further discussion? Senator Jacobs. . ' . 22 . STATE OF ILLINOIS 88TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994
Thank you, Madam Chairman. I guess Tom hit the nail pretty ; much on the head. You know, we have been bragging al1 this Session, and it is exemplified this Session that we truly have I i been taking care of bills that are emergencies, and probably the , I Governor will not see probably more than a hundred bills, outside I E of -- outside of appropriations, to sign. And I -- I do realize 1 how important this is, and thls has to be one of the greater emergencies in the State of Illinois for there -- this bill to get out of Rules, so I think we should get to a vote.
PRESIDING OFPICER: (SENATOR GEO-KARIS) Any -- any further discussion? Any further discussion? Hearing none, Senator Hasara, to close.
Thank youy Madam President. I think the issues have been well discussed. Again, we're talking about a very dedicated group of a little over a hundred falconers who have two concerns: one is that people will think theydre hunting illegally when they're not. And secondly, that their birds have targeted on the hatr and not the game that they are hunting. The mice are not supposed to see the bird, and I just -- I think it's a -- a valid exemption, and I would ask for a favorable vote. '
PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 1260 pass. Those ia favor, vote Aye. Those opposed will vote Nay. The voting is open. Have al1 voted who wish? Have a1l voted Who Wish? Have a11 voted Who wished? Have all voted who Wished? Take the record. On that question, there are 30 voting Aye, 23 votin: Nay, 3 voting Present, and the bkll, having received the required constitutional majority, is hereby declared passed. Senator Welch, for What purpose do you rtse? :
. i 23 lJ. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th LegislatlveDay Aprll 19z1994 1 Well, I don't have an orange hat on, so you prcbably couldn 't see me but, I -- 1... PRESIDING OFFICER: (SENATOR GEO-KARIS) I don't think anybody would fail to see youy Senator Welch. . SENATOR WELCH: I would like to verify this. PRESIDING OFFICER: (SENATOR GEO-KARIS) Or hear you . Go ahead, sir. SENATOR WELCH: Wellr good. PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Welch is asking for a verifked roll call. We tre calling to the Floor, everyone. Request for a verification, by Senator Welch. Will a11 Senators be -- Senators be in their seats? The Secretary will read the afflrmative votes. SECRETARY HARRY: The following voted in the affirmative: Burzynski, Butler, DeAngelis, Dillard, Donahue, Dudycz, Ralph Dunn, FaWell, Fitzgerald, Geo-Karls, Hasara, Hawkinson, Karpielr Klemm , Lauzenr Madlgan, Maharr Maltland , O'Malley, Peterson, Petka , Raica, Rauschenberger, Sieben, Syverson, Topinka, Watson, Weaver, Woodyard and Mr. President. PRESIDING OFFICER: (SENATOR GEO-KARIS) Mr. Welch, do you question the presence of any Member? SENATOR WELCH: Yes. Senator Donahue. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Donahue? She 's right in the back. SENATOR WELCH: I see her now. Senator Mahar. PRESIDING OFFICER: (SENATOR GEO-XARIS) Senator Mahar is in his seat. 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19: 1994
Senator Syverson.
PRESIDING OFFICER: (SENATOR GEO-KARIS) senator Syverson ts right in front of me. SENATOR WELCH: . I guess that's it.
PRESIDING OEFICER: (SENATOR GEO-KARIS) Then on the verffied roll call: the Ayes are 30: the Nays are 23, Present are 3, and this vote <sic> (bi11), havlng received the required constitutional majorityr is hereby declared passed. Senate -- Senate Bill 1274. Senator Watson. Senator Watscnr do you wish this bill returned to 2nd Readtng for purpose of amendment?
Yes, I Would.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson seeks leave of the Body to return Senate Bill 1274 to the Order of 2nd Reading for the purpose of an amendnent. Hearing no objectionr leave is granted. Senatcr Watson. Senator -- Secretaryr on the Order of 2nd Bklk -- Reading ts Senate Bill 1274. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senators Watson: O 'Malley and Berman. PRESIDING OFFICER: (SENATOR GEO-KARISJ Senator Watson.
Yes. Thank you, Madam President. Senate Amendment No. 1 creates the Chicago Learning Zone Commission, and addresses the issue of the Chieago Learning Zone. We established a committee last Session and the commtttee came back and this is thekr : 25 STATE oF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leqislative Day ' April 19, 1994 recommendatkon. It creates the Commission to review petitions for I Learning Zone status, approve petitions and report any statutory ' Waivers requested in the petition. Establishes a seventeen-menber Commission and spells out the means by Which they Will be appointed. It establishes the criteria for becoming a Learning . 1 Zone school. Establishes some limitations. There are some non-waivable mandates that are also -- cannot be exempted. The Commission will report on the waivers, and it becomes effective inmediately. PRESIDING OFFICER : (SENATOR GEO-KARIS) I . ' ' I Any further discussion? Senator Hendon. SENATOR HENDON: ! Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendon has the Ploor. SENATOR HENDON: Senator Watson, this -- this Commission: What Would be the makeup of the Commission, and who would select the commissioners? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson. SENATOR WATSON: Yes. Thank you. The Commission Would be -- Would consist of i seventeen members. The Governor, the State Superintendent, the ; President of the Chicago School Board, tbe Mayor of Chicago, nine gubernatorial appointees, with the consent of the Senate, two from the CTU, tWo from the Chicago school unions -- other unions, one Chicago principal, two from the local school councils, and two from community organkzations. And then one member each appointed ! by the four Legislative Leaders. PRESIDING OFEICER: (SENATOR GEO-KARIS) senator Hendon. i SENATOR HENDON : 26 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 Okay, now this is for Chicago Public Schools alone, not -- no other district. Is that correct? PRESIDING OFFICER i : (SENATOR GEO-KARIS) Senator Watson. ; ( SENATOR WATSON : ' That is correct. Yes.
PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Hendon. . SENATOR HENDON: I Can you explain to ne why the Mayor of the City of Chicago does not have any appointees to thls boardr and the Governor has nine? Did you say nine? Is that correct?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.
There are nine gubernatorlal appointees. That's correct - With the advlce and consent of the Senate.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendon.
Can you explain to me, if this is the City of Chicago, why the Mayor of khe Clty of Chlcago, with the consent of the Chicago City Council, does not have any appointees? 1
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.
Well, this is the exact makeup of the advisory committee that we passed last year. As far as the Mayor's concerned, no, there's ! no rationale or no necessary reason why he's being exempted from i appointments, but he's got one -- one sitting member that comes right out of his office.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legkslatkve Day April l9, 1994 Senator Hendon. ,
Well, I voted against it last yeary and I'm going to vote against it again today. And I thlnk that -- that it is appalling I to me, to have this Commission in the first place, which is.really just a prelude - and everybody should be clear about it - for I vouchers in the City of Chicago. Because you 're simply stacking ' the deck with pecple who do not care anything at a11 about the -- the children in the Chicago public schools. What you're doing is settin: up this -- this quote, unquotey Learning Zone, and you're going to stack the -- the -- the deck with people Who have nothing to do, and no concern whatsoevec, about the children learning, as long as they 're part of the Chicago public school system . And my question to you is: How can you say that it is fair at a11 tc -- to leave the Mayor of the City of Chicago out? And my other question to you is: who will determine where this zone will be -- how many schools will be lnvolved in the zone, and Will -- Will the boundarles of the zone be contiguous?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson.
First of allz the Commission W111 make that determinaticn as to where the zone boundaries may reside. The -- one thing tp remember now, Senator, is the -- the Mayor has -- an appolntment, and then the other nine gubernatorlal appointments come from within the City, they're -- Chlcago Teachers Union has two, the other unions have two, a Chicago principal and two from the local school councils, and two from community arganizations. So these are -- this is, I'd say, a Well-representative group of the -- of the City of Chicago and the educational concerns of -- of the entire education community. PRESIDING OFFICER: (SENATOR GEO-KARIS) ! I 28 STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 106th Leglslative Day Aprll 19, 1994 Senator Hendon. SENATOR HENDON: And I -- I'm going to respectfully request some -- some -- some quiet in this Chamber, because this is very important to the ' future of the -- of the City of Chicago and Chicago public schools. Now, my -- my question to you: Is there any crlteria to determine which schools -- is there any criteria in your bill that will guide the Commission in determining Which schools will be in this Learning Zone? And secondlyr ls there any criteria ln your - - your bl1l that will make sure that the -- the -- the appolntees to the zone will represent the -- the wholeness and completeness, racially, ethnically and -- and geographically of the City of Chicago. Because, I -- I tell you, my frkend , there -- there -- it is -- it is clear to me that you can easily find a principal who believes in -- in -- in destroying the Chicago public schools because they believe in -- in vouchers. And you can also find sone local school council menbersr and Itm certain you can find appointees of the Governor -- just because they live in Chicago doesn't mean that they are in favor of Chicago public schools. So is there any criterka, number one, to the selectton process of the schcols that are going to be in this zone? And is there anything in your blll that Nill make sure that a1l races, natlonalities, geographical area is represented on this Commission? And thirdly, how much is this going to cost the people of the State of Illinois? PRESIDING OPFICER: (SENATOR GEO-VARIS) Senator Watson. Senator Watson. SENATOR WATSON: Okay. The answer is yes, there is criteria by which the Learning Zone schools would be established. And I Would -- I Will give you that criterla, Senator. There needs to be -- the application needs to demonstrate that there's improved student 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 I learning will result from the Learning Zone. The -- the proposed adoption of high rigorcus standards of achievement and outcone for l al1 students and staff. There's a proposed use of shared decision-naking process. PRESIDING OFFICER: (SENATOR GEO-KARIS) . Senator Hendonr I can't blame you very Welly but your extents of the questioning, of course, has some of the people Waiting to be heard. Please be quiet for Senator Hendon's queriesy and for Senator Watson's responses. Thank you .
Well, there's substantial criteria by which these zones would be established, Senatorr and I could go through that if you like. Okay. I've given you three items -- you didn't hear a word. Okay. Al1 right. The criteria for the Learning Zcne must demonstrate that improved student learning will result. If -- the proposed adoption of high rlgorous standards of achievenent and outcome for al1 students and staff. Proposed use of shared decision-maklng. Creative, flexible and innovative proposals of school restructurlng. Parental and community lnvolvement. Development of collaborative relationships with health and human service agencies. Decentralization and localized efforts. Appropriation -- or appropriateness of budget and resource i allocations. There 's quite a lengthy list of criteria by which the Commisslon would establlsh a -- a Learning Zone, and I feel comfortable with that list. And I think lf you read the -- the bill - and if you haven't, I Would suggest that you do - you wauld agree that there 's -- there's substantial criteria here.
PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Hendon, are you done? l
; In conclusion -- in conclusion, first of allr ycu're just introduaing this amendment today. I haven 't see it, and I would I 30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatlve Day April l9: 1994 I appreciate a Copy, so that I can read it. Because unless you -- you give it to me, then -- then -- then I don't have it. That's first of all. Secondlyy how can a person prove that there 's going to be an improvement in the learning process? You have to wait and test the students afterwards. You can't prove beforehand that something ls going to be successful. In conclusion, let me just say that this is a bad bill. It -- it is a -- a continuation of this same o1d song, and it's amazing to me that for the first timey seemed like in this entire Session, We have something of substance, and lt is negative. Wedve been talking about birds and -- and mice and little red -- or orange hats and whatever. We've been talking about a lot of things that -- that really have been meanlnglessy thls entire Session: and now we have something that is -- is substantive, and it is negativez and it is slanted, and I urge a No vote on this very, very terrible bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson, did you have a response?
Oh, I don't think there's any...lmicrophone cutoffl...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Berman. Senator Berman.
Thank you, Madam Prestdent.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further dëscusston? Point of order. Senator Collinz, what's your point of order?
Yes. Madam President, this -- were you going to deal with that? 1'11 yield to Senator Bermanz if he's going to...
PRESIDTNG OFFTCER: (SENATOR GEO-KARIS) I thank you very kindly, Senator Collins. Senator Berman, she has yielded to you. 1 . 31 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SEXSION SENATE TRANSCRIPT 106th Legëslative Day April l9, 1994 !
Thank you, Madam President. This bill -- this bill -- the ! amendment is the product of a Commission that met over a number of months. However, the amendment just was considered maybe two hours ago, in the Education Committeer and. many of our Members have not had a chance to read the amendment, or see the analysis. So I would respectfully ask if the sponsor -- if he could hold -- not move this on 2nd Reading, consider it perhaps tcmorrow, after our Members have had a chance to review it.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watson. SENATOR WATSON: . Yes. I will -- I will do that. But I Would ltke to say one thing, that Senator Hendon, the amendnent is on your desk. Well, it's been there; it was distributed for quite some time. It's been there, you've had ample opportunity to look it over and read it. I will take it out of the record. Thank you very much.
PRESIDING OFFICER: (SENATOR GEO-KARIS) We'11 not have arguments here, now. It's -- it's out of the record. It's out of the record. Next bill. 1296. Senator Mahar. Mr. Secretaryr Will you please read 1296.
Senate Bill 1296. (Secretary reads title of b1ll) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Mahar, on Senate Bill 1296.
Thank you, Madam Presldent and Members. Last year We passed Senate Bill 41 by a vote of 54 to nothing. This is clean-up language requested by the Illinois Bankers Association. The bill passed last year established a Phase I Environmental Audit as a 32 I STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislakive Day April l9, 1994 standard of due diligencey or al1 appropriate inquiry for corporations, developers, et cetera, to satlsfy innccent landowner defense under the EPA Super Fund Provisions. The audit nust . include a recorded chain of tltle of document searchr which was a Qength of seventy-five years. The IBA is -- is saying that that has been unworkable. They are recommending in this -- this bill that that be a measure of fifty years. There Was no opposition in committee, nor have I heard of any since, and I would ask for a positive roll call. PRESIDING OPFICER: (SENATOR GEO-KARIS) Any further discussions? Any further discussions? Any further discussions? Hearing none, Senator Mahar, to close. The questlon is, shall Senate Bill 1296 be passed. Those ln favcr, vote Aye. Those opposed will vote Nay. The voting is open. Have a1l voted who wished? Have all voked who wished? Have all voted who wished? The record is 57 Ayes -- have you taken the record, Mr. Clerk -- Mr. Secretary? The record is taken. 57 Ayes, none voting No, none voting Present. And the bill -- this bill, having received the required constitutional majority, is hereby declared passed. Senate Bill 1299. Senator O 'Malley. Senate Bill 1323. Senator Watson. Senator Watson. Senate -- Senate Bill 1324. I Senator DeAngells. Senate Bill 1336. Senator DeAngelis. Senate Bill 1339. Senator DeAngelis. Mr. Secretaryr please read the bill. Senate Bill 1339. SECRETARY HARRY: Senate Bill 1339. I (Secretary reads title of bill) 3rd Reading of the bill. : i PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. E SENATOR DeANGELIS: Thank you, Madam President. Senate Bill 1339, as amended, 1 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994 creates the Automobile Leasing Occupation and Use Tax. This puts leases over One year ln cars, recreatiönal vehicles and vans in the same category as they would be if they Were leased in less than one year. The only difference is that -- the village portton - municipal portion - is still on this. The rate is 6.25 percent. Currently under law, when you kease a vehicle you pay the full i sales tax up front, regardless for how long you lease it, provlded that it's longer than a year. At the tkme the car is then resold, the tax is applied again. This bill brings a little more equity, puts us competktive with states surrounding us, and also makes lt a llttle easier on the pocketbook when yousre trylng to lease a car. Be happy to answer any questyons.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussions? Any further discussionz Any further discussion? Hearing noney the questicn is -- the question is, Senate Bkll -- shall Senate Bill 1339 pass. Those in favor will vote Aye. Those opposed will vote Nay. The voting's open. Take the record. On that questton, there are 56 <sic> (58) Yeasy none voting No, none voting Present. This bill, having received the required constitutional majorityr ks hereby declared passed. Senate Bill 1344. Senator Sieben. Senate Bill 1352. Senator Dillard. Senate Bill 1357. Senator Hawkinson. Senate Bi11 1358. Senator Hawkinson. Senate Bill 1366. Senator O 'Malley. Senate Bill 1381. Senator Klemm . Senate Bill 1421. Senatcr Fitzgerald. Senate Bill 1435. Senator Peterson. Senate Bl11 1447. Senator Cronin. Senate Bill 1456. Senator Barkhausen. Senate Bill 1473. Senakor Butler. Senate Bill 1476. Senator Syverson. 1476. Senator Syverson. Senate Bk11 1479. Senator Madigan. Senate ! 9i11 1491. Senator Farley. 1491. Senator Farley. Senate -- Senate Bt11 1491. Senator Fazley. Senator Farleyy are you -- i wish to proceed on...? Senate Bill 1509. Senator Maitland. Senate Bill l5lû. Senator DeAngelis. Mr. Seeretary, read the 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994 bill. It's Senate Bill 1510. /
Senate Bill 1510. (Secretary reads title of bill) 3rd Reading of the bill. '
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. Senate Bill 1510 allows park dlstricts and forest preserve district non-referendum bonds to be added to the definitlon of ''aggregate extension.'' When we passed the tax cap law, inadvertently it was -- lnadvertently, what we dld is we left out these bonds as part of the aggregate extension, according to the interpretation of some of your bond counsels. This bill does not - and I might state it agaën - does not permkt a district to exceed the cap limit. What it does do: It allows them to knclude their non-referendum bonds as part of -- out of their aggregate extensian. Be very happy to answer any questlons.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Are you finished? Any further discussion? Senator Palmer.
Thank you, Madam President. Just a comment on this bill. I'm certainly going to vote for it for my dear colleague, Senator DeAnqelis. However, I Want to point outy once againr that here We are giving relief for tax caps, which were ill-considered in the first place. If We had thought ahead of time, and if we had had the time to review, then we might not have had - as I did last year - tuo pages of single-spaced exceptions to the tax cap . And thls is one again, and I suspect it's not the last of them . Just a remark and just a reninder.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Thomas Dunn. ' I 35 STATE OF ILLINOIS 88TH GENERAL ASSEMSLX REGULAR SESSION SENATE TRANSCRTPT 106th Legislative Day April 19, 1994
Thank ycur Madam President. I may have a conflict in this, and I intend to vote my conscience.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further discussion? Hearing none, the question is, shall Senate Bill 1510 pass. You wish to close? Senatcr DeAngelis. SENATOR DeANGELIS: Yeah. Just for the record, I want to remind the Body that this bill does not permit does not permit - a levy in excess of the cap .
PRESIDING OFFICER: (SENATOR GEO-KARIS) Okay. The question is, shall Senate Bill 1510 pass. Thcse ln favor will vote Aye. Those opposed will vote Nay. The voting 's open. Have a1l voted who wished? Have a11 voted kho wished? Have a11 voted Who Wlshed? Take the record. On that question, there are 40 Ayes, 11 Nays, 4 voting Presenk. This btllr having received the -- the required constitutlonal najority, is hereby declared passed. Committee Reports, Mr. Secretary.
Senator Weaver, Chair of the Committee on Rules, reports that the following Legislatlve Measures have been assigned to committees: referred to the Appropriations Committee Senate Amendment 2 to Senate Bill 12587 Amendment 1 to Senate Bill 1754) Amendment l to Senate Bi11 17567 Amendments 1, 2, 3: 4 and 5 to Senate Bill 1758: Anendnents 1, 2 and 3 Eo Senate Bill 1759) Amendment 1 to Senate Bill 1760; Senate Amendments 1v 2: 3, 4 and 5 to Senate Bill 1761) Amendment l to Senate Bill 1763: Amendment 1 to Senate Bill 1764; Amendment l to Senate Bill 17657 Amendments l and 2 to Senate Bi1l 1768: Anendments l and 2 to Senate Bill 1769: Amendments l and 2 to Senate Bill 17707 Amendment 1 to Senate Bill 17717 Amendments l and 2 to Senate Bi11 17727 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION dENATE TRANSCRIPT 106th Legislative Day April 19, 1994 i Amendment 1 to Senate Bi11 1773; Amendments 1 and 2 to Senate Bill 1774; and Amendments 1, 2, 3 and 4 to Senate Bill 17757 to the Committee on Education - Amendment l to Senate Bill 11867 ; Amendment 3 to Senate Bill 1323: and Amendments 1 and 2 to Senate Bi11 13247 plus Amendment 1 to Senate Bill 17167 to the Committee on Environment and Energy - Amendment 4 to Senate Bill 11727 Amendnent 2 to Senate Bilk 16497 and Amendment 3 to Senate Bill 17247 to the Executive Committee - Amendment 2 to Senate Bill 1318; to the Committee on Financial Tnstltutions - Amendment l to Senate Bill 12297 to the Committee on Insurance, Pensions and Licensed Activities - Amendment l ta Senate Bll1 1421; Amendment 3 to Senate Bill 14357 Amendment l to Senate Bill 1479) Amendment 1 to Senate Bill 16247 Amendment 2 to Senate Bill 17067 and Amendment 2 to Senate Bill 17287 to the Judlciary Committee - Amendment l to Senate Bill 1352: to the Committee on Local Government and Elections - Amendments 5 and 6 to Senate Bill 12637 and Amendnent 2 to Senate B11l 1491; to the Committee on Revenue - Amendment 2 to Senate B1l1 13367 Motion to Concur with House Amendments lr ll, l2, 13, l4, l5, l6, 17 and 18 to Senate Bill 1037; to the Committee on State Government Operattons and Executive Appointnents - Amendment 6, Senate Bl11 1715) to the Transportation Committee - Amendment 1 to Senate Bill 12007 and Amendnent 2 to Senate Bill 18197 and Be Approved for Consideration - Senate Amendnent 4 to Senate Bill 1691, and Amendment 3 to Senate Bi11 1702.
PRESIDING OPPICER: (SENATOR GEO-KARIS) Anything further there? Now, back to 3rd Readingp page 5. We start with Senate Bill 1513. Senator Petka. Mr. Secretary, Will you read Senate Bill 1513.
Senate Bill 1513. (Secretary reads title of bill) 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 106th Legislative Day April 19r 1994 3rd Reading of the bill. :
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka.
Thank you, Madam Presidenty Members of the Senate. Senate Bill 1513 wculd allow a court to impose drug testing as a condition of bail on felony drug possession or delivery offenses. The -- under the terms of this legislatlonz a person to be admitted to recognizance or I-bond could be required as a condition of the recognizance bond to consent to drug testing. If the defendant chooses not to participate in such a program, then the -- the court can set a nornal bond as opposed to recognizance bond. The reason for the legislation is very sinple. A disproportlonally high number of offenders unfortunately are drug addicts, and this permits the court at a very -- very early stage to intervene in a possible rehabllitation of the lndividuals. I would move for its adoptlon.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further dlscussion? Senator Hall.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will.
Senator, I -- I'm trying to çet this for information only. It says here this legislation may be partially unconstitutionaly because a defendant who wishes to be set free for a recognizance bond must be tested for drugs. Is that correct? That's not right?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka. 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994
Under this legislation, a person can be admitted to a recognizance bond ; however, where there's a request made, pursuant to a -- or -- or if the court requests, pursuant to a motion that the person take a drug test, then a person does not -- is not entitled to a I-bond, but in that instancez the court will ask for a normal bail to be set.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Senator Molaro.
Thank ycu, Madam President. Question to the sponsor.
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates helll yield.
Senator, if -- if I have it rlghtr and I just heard your explanation, but it's still unclear to me. So if -- if you have these defendants parading in front of a judge for a bond hearingy and judges givlng an I-bond or the defendant or his public defender or the attorney requests or states that an I-bond would be apprcpriate, that this legislation states that the only Way that this defendant can get an I-bond would be for him to submit to a druq test. Is that correct?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka.
In felony prosecutions involving drug delivery or possession of a controlled subskance or cannabis, Senator, the person can only get an I-bond if he submits to a drug test, were lt requested to do so.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Molaro.
39 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 As I read the leglslation - and I could be wrong - I think it says that a1l felonies, any felony, whether drug-related or not...
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator...
... you would have to submit to a drug test.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Petka.
My staffers point out that you are correct. That's correct to -- to be eligible for a recognizance bond; otherwise normal bail-setting procedures would be followed .
PRESIDING OFFTCER: (SENATOR GEO-KARIS) Senator Molaro.
So then we have it Where even if there are -- even if you have a drug arrest that's a misdemeanor, to get an I-bond he would have to. And even if you have an unrelated felony, whether it's say it's theft over three hundred dollars, or theft whatever the amount is, to get an I-bond, you would then have Eo submiE to a drug test. Whlch leads to a couple of things. mean, not only is it difficult in the sense that the charge doesn't relate to drugs. The second thing is, we have a problem in a sense of self-incrimination, because I don't know -- is that drug test then just limited to that bond proceeding? mean, Would certainly put in the mind of a prosecutor or State 's attorney to, you know, take the charge further than what it should be. Soy on those two countsr that self-incrimination, as well as making a person submit to a drug test when he's charged with theft - you know r -- I -- I think we're pushing it too far.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9r 1994 Any further dlscussion? Any further discussion? Senator Petka, to close.
Thank you again, Madam President. I'd like just to clarify a few things.. First of all, Senator Molaror this Will apply only in those jurisdictions where the chief judge establishes the program, Where the county board approves, and the probation department or pretrial service agency agrees to administer such a program . If in fact, there is no agreement of -- of any of the agencies or the chief judge that I just referred to, then these provisions will not be triggered. But to direct the answer to ycur question in in terms of -- of Whether or not we are dealing with self-incrinination, as ycu well knowz California versus Schmerber holds that certain types of physical evidence do nct - and seizure of such do not apply or simply, the self-incrimination privilege does not apply. It deals With testimonial incrimination. So it simply is -- is not a part of -- of this legislatlon. So I Would urge its adoption.
PRESIDING OFFICER: (SENATOR GEO-KARIS) The question is, shall Senate Bill 1513 pass. Those in favor Will vote Aye. Those opposed Will vote Nay. The voting is open. Have a1l voted who wish? Have all voted who Wish? Have all voted who wish? Take the record. On that question, there are 46 Ayesz 4 Nays, 5 voting Present. And this bill, having received the required constitutional majorityz is hereby declared passed. Senate Bill 1516. Thomas Dunn. Senate Bill 1522. Senator Watson. Did you wish this bill returned to 2nd Reading, Senator Watson?
Yes, I do, Madan President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senate Bill 1522 is returned to the Order of 2nd Reading, 41 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994 unless there is any objection. Hearin; no objectlon, on the Order of 2nd -- 2nd Reading is Senate Bill 1522. Madam Secretaryr are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Wakson.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Watscn.
Yes. Thank you, Madam President. This amendment provides that the AFDC parent has a right to choose what type of adult-supervlsed arrangement they wish. And it also changes the a:e limitation from eighteen to under the age of seventeen. And it also further clarifies that -- that there is good causey the Department of Publlc Aid nay Waive the requirements of this particular Act.
PRESIDTNG OFFTCER: (SENATOR GEO-KARIS) Any further discussion? Hearing none, al1 thcse in favor, please signify by saying Aye. A11 opposed. The amendment is carried. And -- any further amendments, Madam Secretary?
No further amendments approved for consideration, Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) 3rd Reading. Senate Bill 1523. Senator Burzynski. Madam Secretary, Will you read Senate Bill 1523.
Senate Bill 1523. (Secretary reads tttle of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski.
42 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 Thank you, Madam Prestdent and Members of the Senate. 1523 corrects a provision T think that was wrongly enacted ln 1990, which requires the Department of Public Aid and the Departnent of l i Corrections to enter into an agreement providing for the expeditious processing of welfare applications by persons released from State prisons. I'd be more than happy to answer any guestions.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Senator Trotter.
Yes. Thank you. Senator, what is the rationale? Why do you - 1 want to slcw down this process that we have now going? l !
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski.
Aetually, I -- I don't want to slow down the process. But what I think that we 're dolng is baslcally trying to ensure, or -- or take a look at this and -- and -- and try and break that I welfare cycle. What we 're doing, we 're encouraging people who are i in prison to go ahead to complete the process, and We're not cnly encouraging them to do that, we're helping them to do thaty so that they can receive an expedlted publlc aid payment within ten days of their release from prlson. I think that's penalizing people that are outside of the correctional system who need some assiskance as Well. And wedre not provlding them with that 1 expeditious process.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter.
Okay. When we passed thls great piece of legislation a few years agor what we were looking at was essentially trying to i ? 43 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leglslative Day April l9, 1994 ensure that those people who have been lncarcerated, when they come out that they would have this safety net. So hopefully that they would not go back to and hanging out With their -- their bad friends and get involved in some cases - in a 1ot of cases - by - hanging around in those drug communities, and this will help then j ! by being able to have some kind of support - financial support - allow them again to become further, or at least faster, on their way to become better citizens. By slowing down this process by eliminating this expeditlng, seeningly it's working in contraryr ! . or conflict, with that -- that whole notion that they should get ! this second chance, and then get as -- as much help as possible tc I ensure that they can become productive citizens. I guess the question being is -- is... PRESIDING OFFICER: (SENATOR GEO-KARIS) l i Senator Burzynski. SENATOR BURZYNSKI: I appreciate your concerns. I would polnt out, though, that there 's nothing in the language that would preclude an lnmate from applying for public aid before they're released. This just says i wedre not going to expedite that process. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Trotter. SENATOR TROTTER : i Since there is nothing in the language that says that it Won't preclude them from applying, then I just think that this is a piece of legislation that we do not need to be addressing at this time. The system is working as it is, and to do away with something that's working is -- goes back to the whole notion: why flx it if it's not broken? I believe that this is a bad bill and 1 a bad idea, and we a1l should vote No. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell. 44 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9# 1994
Thank you very much. Will the sponsor yield for a question? Senator, do we have General Assistance any more, and wouldn't these prisoners fall underneath General Assistance, if indeed they were eligible?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski.
It's my understandlng that we really don't have a State-funded General Assistance progran at this time.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.
So what kind of public aid are they eligible for, unless it's the women whc have children that are coming out of prison?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski.
They would be ellgible for AFDC payments if... If theyfre eligible for anythingr it's probably AFDC payments, although there Would be some kransitional assistance for those who are able to work.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Fawell.
Senator, are you aware of the fact Ehat there is a -- a commission working on -- on exactly this problem? Are you aware of the fact that right now, when we dismiss these men from prison, what we give then is carfare to get home and fifty bucks to live on unkil such time as they supposably get settled? And unfortunately, what we are finding is that these nen, if they are released from prison without any support system behind them, qdite 45 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994 frequently turn around and hit somebody else over the head and go back into prison.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski,
wasn't aware of the conmission that you 're in reference to. But guess T uould suggest thaty once again, what we 're doing is, we're continuing that -- that rellance on the welfare cycle. And in this year when we talked about welfare reform and trying to change the process that we've been going through, think it's appropriate that we try and address this bill: at this time. And certainly , I would hope that When people are released from a correctional facility, that they would be able to - on their own ability - apply for such assistance as necessary.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hall. Senatcr Hall.
Thank yau...
PRESIDING OFFICER: (SENATOR GEO-KARIS) You're...
...Madam President.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Ycu're standing in front of Senator Hall. Wluld you mind removing yourself?
Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will. END OF TAPE 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19v 1994 TAPE 2 ! I i SENATOR HALL: Senatorsp number One: I'd Iike to knoWy WhO are the Christian Coalitions? Who are they? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski. SENATOR BURZYNSKI: I'm not sure I heard your question. ' PRESIDING OFFICER: (SENATOR GEO-KARIS) Would you repeat your question, Senator Hall? SENATOR HALL : Would you please tell us Who the Christian Coalition is? They're the proponents of the bill, I see. PRESIDING OFFICER: (SENATOR GEO-KARIS) Mr. -- Senator Burzynski. SENATOR BURZYNSKI: I'n not exactly sure what you're in reference to: Senator. PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hall. SENATOR HALL: ' ! . .. tmicrophone cutoffl...l ask that...I'11 go to the second question. It says the opponents of this is the Legal Assistance Foundation of chicaso, the cegislative service centerr and this will prevent reunirication of families. Are you aware of that? PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski. j ! SENATOR BURZYNSKI: I was aware that the Legal Assistance Faundation Was opposed to the bill, as well. I Would argue whether or not it prevents i the reunification of familiesr though. 47 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leglslative Day April 19r 1994
PRESIDIXG OFFICER: (SENATOR GEO-RARIS) Senator Hall.
That's a11 right. I just Wanted to get that informatton.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Topinka, further discussion.
Yes. Madam President and Ladies and Gentlemen of the Senate - and I think we had some discussion on this in committee simply put, a1l this does just put those folks Who are leaving jail in the same line as any others who would be seeking public assistance. A1l this does is not put them at the head of the line so that indeed they get a special prlvilege from coming out of prison, as opposed to those others Who may be just as needy and seeking public assistance. And it kind of puts things, I thlnk, into an equillbrium that's quite understandable, very practical, and tending toward common sense. So I would stand in support of thls bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator de1 Valle, for further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Madam Chair. The staff analysis I have indicates that the provision which ls being repealed by Senate Bill 1523 affects mainly prlsoners who are women With dependent children. Nowy Senatorr do you know how many of those dependen: children are wards of the State?
PRESJDING OPFICER: (SENATOR GEO-KARIS) senator Burzynski.
No, we donft. PRESIDING OFFICERS (SENATOR GEO-KARIS) Senator del Valle. 48 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day Aprll 19, 1994 SENATOR dEL VALLE: So we really don't know hoW -- how many of those children Would be returned to the natural parent.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski.
No, I dcn't have that information.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator del Valle. SENATOR dEL VALLE: Wellr I think it is -- to the billr Madam Chair: I think it ls important to have answers to those kinds of questions, because certainly wedve seen in the news lately how many children are being taken by DCFS because of the conditlons that they fre being found living under - bare apartments without food and refrigerators, et cetera. And what we're saying here is that we are gcing to have an individual, Who has been released from prison, who does not have a guaranteed place to live in when they're released on the day that they 're released, that those individuals should wait in line along with everyone else. That means that the klds that are waiting to be reunited with the nother also have to Wait. I thcught that the original intent of thls ?as to make sure that there ës at least a place to go to live at when you walk out of those prlson doors. And so I really don 't understand why we're going backwards: particularly glven the growing number of cases that we have in DCFS and the cost of those cases to the taxpayers ln the State of Illinois. Seems to me that this is a provision that allows us to save noney, rather than kncrease the cost to the State. So I would urge a No vote on this bill.
PRESIDING OFFICER: (SENATOR GEO-KARTS) Further discussion? Senator Palmer. 49 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day Aprll 19, 1994
Thank you, Madam President. To the b111: I do not understand the purpose of this bill. The obviously, if these are people Who are being released from prlson, it says, by virtue of that act, that the court system has finlshed with them. They have served their time. They have done so in a way that allows them to be dismissed from the prison. Everything that we have ever done in the history of this country has said to us that at that moment, it is time now to try to work against recidivism and to make sure that those who are released have the proper suppcrts so that they might not return to the system, and therefore put an added burden on the taxpayer. When you are speaking specifically about Women with children, I think this is a punlshment, and I cannot understand the purpose for it. It's not a question of puttlng them in line ahead of anyone else. This bill does not preclude them from applying. A1l tt seems to do is to be a liktle nit-picking and say, ''We11, listen guys: you can't apply for this while you are being released. You have to wait until you get out.'' So that your children are now put in even nore jeopardy, and as Senator de1 Valle pointed cut, are therefore perhaps in a positlon of being hurt even further by a system that Will cost us even more. So in the final analysis, it's not even logical to do this: and I would suggest that we vote No on it.
PRESIDING OFFICER: (SENATOR GEO-KARIS) We have four more speakers. Senator Watson, for further discussion. Senator Watson. SENATOR WATSONI Yes. Thank youp Madam President. I -- I understand wbat the oppcnents are saying, but I don't believe what this bill does is What they're saying. What they -- an indlvidual vho is incarcerated can apply for Public Aid benefits prior to leaving prison. It defies common sense to me, why we should allow for 50 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 somebody who is incarcerated to go to the front of the linez because that's exactly what's belng done now . They get expedited processing by the Department of Public Aid. A11 we're saying is, whenever they apply, they should get in line like everybody else. You know, sometimes we got to teach people respcnsibility, and that's part of the problem in this country, is people arenlt willing to accept the responsibility for their actions. And this a11 this is doing is saying is that you're just like everybody else. You've got to file an application and be approved just like everybody else. Nothing is expedited. You are treated just like everybody else. And for us to think that somebody that's incarcerated ought to have a benefit, that defies common sense. The proper vote on thls is Yes.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Collins. Senator Collins.
Thank you, Madam President. guess there 's really no need for me to say anything, because think Senator Palmer said it all, and I guess it's just -- it's amazing that you don't really understand. They're not just like everybody else. The people Who are outside are more likely to already have a place to stay or some kind of community linkage. The person who has been incarcerated five or ten, fifteen years, have to come back into the community. First of all, to get a place to stay, you need a deposit. You have to have some money and some linkage in order to come home. Now, do you want *o keep them in prison until such time that they find some kind of way to get the mcney or stand in line? Where they -- what line are they going to stand in? These people are going to come cut and they are going to eat. Now, they can sleep wlth the homeless, mayber but nine times out of ten these people are going ko end right back up into prison. That's why makes sense. Actuallyr makes even more sense. We had a 51 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 bill that said before - When it is definite that a time certain is q set for someone to be released from prison, that khe Department of I Public Aid, and especially those with children, should be making provisions so that when they walk out of that door, they have a head start on trying to .beeome integrated and linked back lntc the community. That makes common sense. What youfre talking about cver there, what you can't understand it -- I don't understand when you say you don't seel theydre just like everybody else. They're not just like everybody else, but we're trying to make them like everybody else by giving them a head start so that they get back out there and support their families and be responsible cltizens. T think this is a bad idea, and it's something that you really shouldn't be doing.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Garcia, for further discussion?
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he Wi11.
Senator, it sounds like sone of the previous speakers think that this bill will help us get tough on crime. I was wondering if durlng the time slnce the question was asked, whether, in fact, the majority of individuals affected by this Nould be women with dependent children, whether you 've had the opportunity to consult With staff and to find out if, in fact, that is *he case.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski. I
Tt -- I guess T would suggest that most Would be males who I I would be eligible for AFDC; however, cbviously your staff has a different analysis of that. 52 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 I I
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Garcia. SENATOR GARCIA : i . So your contention is that the majority of people affected by this are: in fact, males who are being released from prison?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski.
It -- it could be people that are eltgible for transitkanal I I assistance, but it does affect the general population of the prison system.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Garcia .
Well, it is our contention, our staffers, that the majority of people that we will be affecting by this are not crininals that are being released, but rather women who have had problems With the law, and most importantly, children that are seeking to be reunited with those mothers. To label this as a bill that is going to get tough on crime and criminals ls simply misleading, and I urge a No vote.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Further discussion? Senator Hendon.
Thank your Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR GEO-KARIS) He indicates he will. I
Senator Burzynski, hoW many wonen are released a nonth fron the Department of Corrections? i
PRESIDING OFFICER: (SENATOR GEO-KARIS) I 53 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106*h Legislative Day April l9, 1994 Senator Burzynski. i
I -- I really have no idea, Senator.
PRESIDING OFFICER: (SENATOR GEO-KARIS) senator Hendon.
So you really have no idea how many women with children this bill will affect. Is that not true?
PRESIDING OFFICER: (SENATOR GEO-KARIS) senator Burzynski.
Let me point out sonething. We do have one State correctional facility that is a Women's prison. I would also point out that we're not denying them the right to apply or pre-apply. Wedre just saying wedre not going to walk them through the process.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendon.
I -- I asked you, in a11 due respect/ did you -- did y1u know the number of women that were going to be affectedr and if you don't, just say you don't, and then we can -- We can debate the cther parts of your bill. But I just asked you/ do you know -- can you put a fkgure on it so that we will know how many of these families will be further in the DCFS system?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski.
Senator Hendon, had you been listening to earlier questions and answers, you would have the answer to that question. I indlcated that I was unsure. I
PRESIDING OFFICER: (SENATOR GEO-KARIS) 54 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leglslative Day April 19: 1994
I don't know how you can determine whether I Was listening or not, but I tell you: I Was. And it Was clear to me that you have i evaded answering that question, simply because you know that it is j embarrassing to you to give an answer to that question, because I ! the answer is, you don't know. So you cannot really give an I i answer, so you want to be evasive. I have ancther question for I i you, and maybe you won't be qulte as evasive cn this one. I PRESIDING OFFICER: (SENATOR GEO-KARIS) I Senator Hendon, confine your remarks to the subject at hand, without any extraneous...
I respect that, Madam President, but I am going to respond...
PRESIDING OFFICER: (SENATOR GEO-KARIS) . .. without any extraneous editorialism. Thank you.
I am going to respond if he says I'm not sitting here listening. I think that that is a disgrace to the people who sent me here, if I'm sittlng here not listening. And I am paying attentlon. I want him to know that I Was. And I respect the Chair. Your bill, Senator, Will extend this -- this opportunity for them to get back on their feet. Do you believe that your bill will increase incarceration or decrease incarceration - the return to -- to prison?
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Burzynski.
I'm not sure that ycur question has anything to do With the bill.
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendon. SENATOR HENDON: . 5s STATC OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19# 1994 If -- first of all, a person ccmlng out of prison is at a disadvantaqe. Secondly, I want you to be clear where I'm coming from. I dan't believe everybody in jail is guilty. That's first of all. I do not believe -- they may have been found :uilty, but they are not al1 guilty. That's first of all. Secondly, they are not on equal ground -- footingy as far as getting a job and getting baek on their feet, as someone who's just out here loafing around or whatever cr just happens to need welfare for whatever reason. Because they are ccming out of jail. And when you apply for a jobe then the employer ls going ask them, What have they been doing the last three or four years, and they're going tc be saying, ''I've been in jail.'' So, you take -- if you -- the purpose of this legislation, this ftne piece cf legislatlonr was to close that gap of giving them something coming in their pockets so they Won't be sitting around two months withcut anything coming in at all. And I believe that if they're sitting around Without anything coming in at al1 for a longer period of time, then the possibilitles of them going back into jail and the taxpayers of the State of Illinois picking up that twenty thousand dollars a year for that person is greatly increased. So: what your bill and your cosponsory Senator Watsonls bill, actually does is put a higher burden on the taxpayers of the State of Illlnois. That's what it does. So my question to you is: Is it easier for a person coming out of jail to get a job as it is for a person who ls not coming out of jail?
PRESIDING OPFICER: (SENATOR GEO-KARIS) Senator Burzynski.
Well, would guess that there are several answers to that question. guess that also depends on what a person has done while he's been incarcerated to prepare himself far release, and that's the deeper question. And if a person has not prepared 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 hlmself enough upon his release to know how to access the systemf ; then I Nould suggest that they need to be doing that. !
PRESIDING OFFICER: (SENATOR GEO-KARIS) Senator Hendon, are you ready?
o. . lmicrophone cutoffl...conclusion -- in conclusicn, 1411 just say: There's a real world, and there's the World that some of you seen to want to paint for yourself. In the real Wcrldr my frlend, whatever you did ln jail: when you come out, you're coming out with that burden of being incarcerated riding on your back. Whether you were innocent or guilty, that burden is there. No matter what the crime ls, that burden is there. Now to make it harder for tbat person to get back on their feet is just almost guaranteelng that they are gokng to go back into prison and that this State -- the taxpayers of this State are going to bave to pay twenty thousand dollars a year for that person again in jail. Also, my friendy let me renind you that there is a great waiting list of people in prison right now trying to get to some of those programs. We've had Director Peterson <sicl testify that there are not enough programs for the people ln jail right now to get thenselves tagether. So this bill -- What you Will dor ny frkend, ls just to make sure that we -- that they go right back in jail and make sure that the taxpayers of this State have to pay that twenty thousand dollars a year, while you can go out and campaign that you were tough on crlme, so la-di-da, la-di-di. This ls a bad bill, and I urge a No vote.
PRESIDING OFFICER: (SENATOR GEO-RARIS) Senator Topinka, further discussion? A second time. i
Yes. Madam President, I call the questicn. '
PRESIDING OFFICER: (SENATOR GEO-KARIS) Any further discussion? Any further discussion? Any further i 57 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 discussion? Senator Burzynski, to close. SENATOR BURZYNSKI: Thank you, Madam President. I think there seems to be a great 2 1 I misconception of what this bill does and what it doesn't doy what . its intent is. I've not labeled this as a tough-on-crime bill. Others have. That's not the intent. The intent is to level the playing field, to make sure that people have equal cpportunities 1 ! under the law, and that we are not giving special treatment to those that are undeserving, as well. I would encourage an Aye vote. Thank you. ' PRESIDING OFFICER: (SENATOR GEO-XARIS) j i The question is, shall Senate Bill 1523 pass. Those in favor, vote Aye. Those opposed will vote Nay. The voting is open. Have I a11 voted who wished? Have a1l vcted who wished? Had al1 voted who wished? Take the record. On that question: there are 39 Ayes, 16 Naysv 1 voting Present. And this bill, having received the required constitutional majority, is hereby declared passed. 1524. Senator Burzynski. 1525. Senator Watson? PRESIDING OFFICER: (SENATOR DONAHUE) Read the bill, Madam Secretary. ACTING SECRETARY HAWKER: Senate 3i11 1525. I (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OPFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: Yes. Thank you, Madam President. This particular piece of legislation provides that a AFD <sic> assistant Ksic> (assistance) 1 ! unit, which would be an individual enrolled ln AFDC, may not receive, on the account of a birth of an additional child, additional benefits. The -- this is -- similar legislation passed I I 58 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 in New Jersey, Wisconsin and California. The effective date of I this bill is September 1st of 1995. And what we dre asking the i Department of Public Aid ko do is, with the money that they lre saving, which -- it's eight to ten nkllkon dollars is what we . understandr that the money be used to impact training and education, day care and transportation needs of those people who are -- are enrolled in AFDC. This -- I Want to make it perfectly clear that this particular piece of legislation does not lnpact the family receiving food stamps or medical assistance for those additional children. What we're saying here is that if you are enrolled in AFDC and you can come in and you can be enrolled and however many children you have - there is a limitr I believe, currently - but you can be enrolled in AFDC, and -- and while you are enrolled, after you become enrolled, then if you have an additional child, we 're saying that your qrant does not go up because of the birth of that additional child. Be glad to answer any questions. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Palmer. SENATOR PALMER: Thank you. A question of the spcnsor. PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he fll yield, Senator Palmer. SENATOR PALMER: Senator Watson, you have carried so many of these bills recenbly, I'm just curious. HoW many Women on AFDC are in your district? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: Well, I really have no idea, but you'd probably be surprised. I meany we have a lot of poverty problem in the rural areas, and 59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 - - Which, of course, come from a rural district. So youlre insinuating that I come from a Wealthy area of the State, you're -- you're quite wrong.
PRESIDING OFFICER: (SENATOR DONAHUE) senator Palmer.
Oh, not at all, Senator Watson. I wasn't implylng anythlng. was just curious, because most of us carry cne of tgo types of legislation: either that that speaks directly to the needs of our district, or those that we want to impact upon the State as a whole. So since you do not knoW hoN many Wonen there are on public ald in your district, I have to assume the latterr in which case would have serious questions about the purpose of such a bill. And 1et me ask you one other question. Since this seens to be saying that this money will be used for job development and so forth - vhich I certainly applaud - do you have a companion bill to this that provides a job for job creation, since I think every evidence shows that Ne do not have enough jcbs available? Is there a -- now a transfer point by Which the people Who are trained will actually have a job at the completlon of this progran?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Well, as far as companion legislation, Senator, no, but we do spell out in the Act that our intention is that any savings that's derlved from thls should go to those types of programs - job service, job-related, education-related in helps <sic> of helping break the chain of dependency on public aid or Welfare, as we now knog
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palmer. 60 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day APrl1 l9, 1994 i
Thank you. To the bill: Let's vote No on this. Once again, we have a puntttve measure that is disguised as some Way of punishing people who happen to be on AFDC. I think the statistics show that Women on AFDC have on average two childreny so I don't 1 think that we need to be concerned that the hordes are coming to overcome us. Let's vote No on a bill that doesn't take us anywhere except to put women and children in a jeopardizing position agaln.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senator Hendon.
Thank you, Madam President. Would the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he 'll yield, Senator Hendon.
Senator Watson, are you pro-life or pro-choice?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
That's not addressed in this leglslation, Senator.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
It's addressed ln my question.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Oh, I'm -- pro-life and I'm proud of it, Senator.
PRESIDING OEFICER: (SENATOR DONAHUE) Senator Hendon. 61 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19r 1994
I thought you were pro-life; khat's What confuses me about this piece of legislation. When this bill came up last year, we discussed thisr and I -- and I -- and really don 't understand my Republican friends on -- on this particular bill, especially those that are pro-life, because this bill is a -- a terrible bill when it comes to children. You're saying ko people, ''Dcn't have any children.'' Youbre saying, ''Have abortions. Get rid of them.'' You fre sayingr ''If you happen to qet pregnant, for whatever reason'' and people can practice prevention and still end up pregnant - you 're saying, ''We1l, hey, tough.'' So it -- it doesn't seem like youdre pro-life to me. And really don't understand this, coming from my -- my -- my Republican friends who I know are sincerely pro-life - and sincerely pro-life, and mean well With your position. Thls goes counter to that. Now, our analysis says that this bill ts going to force more cbildren into paverty. What is your response to thae?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
I'm soffy. wasn't listening, and guess I missed the question.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
See, Senator Burzynski, that's who wasn't listening. wasn 't me; lt was Senator Watson. Senatorr I'm saying to you that our analysis says that this bill is going to force more children into poverty. I'd like your response to that.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
62 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 106th Leiislatize Day April l9r 1994 ' Woii; I h8Ve ZO iZ66ZQiOZ Of doiz; Qhab, SPZZkOf@ PUZV'S ZOQ i the intent of this bill. It's -- the lntent of this legislation (s to -- to make people be responsible for their actions.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Hendon. ' I
Thank you, Madam President, and I appreciate your indulgence with me, especially since I've been quiet this entire Session. I don't intend to be quiet the rest of it. So you can get -- get -- get ready for that, because today We have some substantive matters before us, and this is one of them . Now, I have one other question that was asked earlier, and I Want to ask it of you, Senator Watson. Who is the Eagle Forum and the Christian Coalition?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
I would assume that they're tWo organizations that are here in thks State or have -- have -- are lobby groups that probably reglstered w1th the Secretary of State. And I imagine if you would contact then, you would be able to find out how to get in touch wlth then .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
And that -- that is al1 you can tell us about them? Xou -- you don'E know nothing? You just have to assume who Ehey are? You really don't know? If you don't -- 1'11 -- 1'11 conclude by saying that, once again, I guess today ls ''Bad Bill Day'' and here comes another one, and I am appalled that my friends who are prc-life would be sponsoring and vote for this -- this pro-death bill, because that's what it is. Itfs death for the children; I 63 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day Aprll 19, 1994 it's death for people in poverty. It's going to force ncre people ' in pcverky, more people in the APDC, more children into that, more children in DCFS and more -- more people into prison. This is a bad bill, and we should vote No on it. PRESIDING OPFICER: (SENATOR DONAHZE) ' Further discussion? Senator Raica. SENATOR RAICA: Thank you, Madam Presldent. I'm trying to figure out how to say this tactfully, because there's probably no real good way to say it tactfully. But when Members from one side of the aisle start pointing Members at the other stde of the atsle, as far as pro-life and pro-choice go -- you know, Senator Watson and Senator - - Senator Burzynski had an idea or a concept for a piece of legislation. They put it into the General Assembly, and it's here to be voted on before the Members, whether it be a Republiean or whether it be a Denacrat. Qhis was a concept that has been ën the General Assembly at least the eight years that I've been here. A lot of the Members feel that there are certain constituents or certain populations, certaln people within the State of Illinois that feel - and it has been, because it's been in different studies - that just having children, or amount of children, there's ways that they have of getting additional funding for theër family . This has nothing to do With food stamps or anything else. Nowy I know I've gone in grocery stores, and I have to watch what I buy, and yet the person that's in front of me on food stamps is buying a steak and everything else. Well, I find that kind of appalling also. I find it kind of appalling that the same people that nay be on food stamps are selling cocaine and have enough money for that, but they're on food stamps. So, when we start pointing the fingers about pro-life and pro-choice in -- in a particular piece of legislation like thisz that has nothing to do with it, because if you read the papers about maybe fifteen 64 STATE OF ILLINOIS 88TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legtslative Day April l9, 1994 kids that have been home without their parents watching themr or I the three kids that have been left home unattended: or the mother ' that's been working as a prostitute and the home burns down and a11 three kids perish. I've been there. I carried those kids out of these buildings. I know what it was like. So I'd be real careful pointing fingers back and forth about pro-llfe and pro-choice on legislation like this, 'cause ft has nothing to do With anything like this. A11 this -- a1l they 're trying to do is say, HYou 're not going to -- if you're going to have childrenr don't think you're going to rack up money by the State of Illinots for every kid that you have.'' That's a11 this bill says. And I just resent pointing fingers back and forth about pro-life and pro-choice on a bill like this.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Shaw.
Will the sponsor yield: Madam President?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yieldy Senator ShaW.
What is the -- What is the Public Aid budget, if you could tell me? What's the -- what's the dollar figures that we spend on Public Aid?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
I believe the question was what is the Public Aid budget. You can just shake your head yes or no. Is that What the question was? I -- I really have no idea what the Department of Public Aid budget is.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. 65 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 I
Do you have any ldea how much money we spend on AFDC children?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON: ' The -- I'm told that the AFDC line, which is in the Department of Public Aid budget, ls over a billlon dollars for the first time, this year.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
The -- the same person that gave you that informationr could they give you the total figure for the Public Aid budget?
PRESIDING OFFICER: (SEHATOR DONAHUE) Senator Watson.
Nearly seven blllion dollars.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw, put your light back on.
Yes. Madam President, to the bill: It seens as thcugh that this bill is designed -- they said that we dre spending a billion dollars. Where does that other six blllion dollars -- where does that other six billion dollars -- could you tell us where the other six billion dollars go?
PRESIDING OFFICER: (SEXATOR DONAHUE) Senator Watson.
A good portion of that is federal matching dollars, and then, of course, a 1ot of it goes to Medicaid providers: hospitals, nursing homes: pharmacies, doctors, whatever.
PRESIDING OFFICER: (SENATOR DONAHUE) 66 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 106th Legislative Day April 19r 1994 Senator Shaw, you just have to put your light back on, sir.
Okay. How much of the the AFDC budget is matchin: dollars?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Fifty percent.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
So -- so What we are doing is spending five hundred thousand dollars on AFDC that's Aid for Dependent Children. Is that correct?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
I think you meant five hundred million, but that Wculd be correct.
PRESIDING OEFICER: (SENATOR DONAHUE) Senator Shaw.
Five hundred million. You're right. That's what we are spending on -- on AEDC children. Mothers for -- for aid to dependent children.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
I'm sorry. We were carrying on a conversation about the previous question, and dkdn't hear your question. I beg your pardon.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. 67 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994
We're spendlng five hundred million dollars on Aid for Dependent Chtldren out of a seven-billkon-dollar budget. Is that right?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Nor that isn't correct, because fifty percent of -- wellz a good portion of that seven billion flfty-percent federal match also. We have to come up with one billion dollars to fund the AFDC program, and then Nhen that happens, then we get federally reimbursed fifty percent of that cost.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
To the -- to the bill: What I wanted to get at here, what this bill ts designed to do is to lead people to believe that AFDC mothers is receiving the bulk of public aid in this Stater and that is not true. And to put thls out on the Floor and to -- and to try and penalize children at the the children is not responsible for them being here. Now, Who are We penalizing? The mother or -- the mother and the father, or the chkldren? That's who we are penalizin: here. And it seemed to me that this is a bad bill. What you should be saying is that certalnly a great portion of our budget is spent on the senior citizens, and -- certainly support that. You talk about six billlon dollars, basically, spent on sentor citizens and providers and health care, and they need it. And -- but what you want to do here is create some false atmosphere that AFDC mothers is spending this seven billion dollars. Thatfs not true, and I just Wanted to point that out. If ycu talk about it in terms of what the taxpayers of this State finance, it's five hundred million dollars, apposed to six 68 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994 point-some billion for the other parts of the program . We should spend that money, because the seniors have paid their dues. Many of then are in nurslng homes and so forth. But you should not go so far as to penalize young people who had nothing to do wlth them coming in the World, and then you talk about -- on the other handr you talk aboutr say, HWe11, we want to get -- to stop these youngsters fron sellkng drugs.'' What you are doing, you are setting them up for a life of crime in terms -- if this bill pass. And you -- they have no alternative but to Wind up in the penitentiary. Maybe that's what you want to do here. Maybe you're trying to create some economic development for people down ln your district by locking up these young people. I don 't thknk that's the way to go. I think this bill should be defeated.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz, for what purpose do you rise?
Thank you, Madam President. apologlzer but I'd like to stand on a point of personal prlvilege. have some guests.
PRESIDING OFFICER: (SENATOR DONAHUE) State your point.
have some guests ln the -- the gallery with us this afternoon. We do have some special guests, and some of them have already left. We have some senior citizens from my district, from Norwood Park, Jefferson Park, Edison Parkr Oriole Park and the Inmaculate Conception Choir, and I Would just ltke for the Senate to welcome them. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Would you like to stand and be recognized? Welcome. A11 right. Further discussion? Senator Molaro.
Thank you, Madam President. Just a qulck queskion. There's 69 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19r 1994 no doubt by the -- Senator Raica 's comments, as well as the sponsor -- there is no doubt, I don't think anybody would disagree with the fact that if you have a gelfare mother out there and her sole reason for having a chlld is to get more money, that -- that's sort of disgusting. I don't think anybody would disagree with that. That's certainly disgusting that you're going to bring a child into this world, and the only reason is to pick up an extra seventy bucks a month. That's nuts. However, I don't know -- was there ever a study done, meaning talking to mothers who've had their third and fourth child these young mcthers? Was there ever a study done to find out how many mothers would truly answery ''Yes. The only reason I had a child was because I Wanted to pick up seventy dollars.'' Because I would -- I Would submit that there are other reasons tbey have these chlldren. Maybe wrong reasonsr but would think that it's -- the main reason isn't isn't because they're trying to pick up seventy dollars, and -- and I think that's what youdre dolng here, is to try and stop that practice. And I don't know if this bill Will stop the practice. If I thought the bill would stop the practicey I'd thtnk it Would be great, but I don't see that youdre going to see much of an impact of unwed, young nothers having babies -- or stop having babies because of this bill. And one last thing: you know, sometimes as a freshman Senator - and I certainly won 't speak for Senator Hendon, because he could defend himself - this is a real emctional issue, and it's very difficult being a first-termer trying to figure out how far this emotion takes you. So, anyway, that's the question to Senator Watson, about whether theydve done studies.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson.
Yes. Thank you. Therefs not necessarily studies have been 70 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX ZEGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994 done, and it'd be hard to do that, as you would imagine. But have had -- .once the publicity of this particular bill was got out in my particular area last year, I had a physician contact my office whose -- probably h1s practice was ninety percent public aid - easily ninety percent - maybe -- maybe greater, who said that there are those Who have additional children for the additional benefits. He had people come in and would refuse to go on birth control pillsy would do any -- would -- would refuse to do anything that would prevent that klnd of pregnancy or a pregnancy in the future. And oftenttmes, the statenent Would be made that ''You would be impacting my ability for -- for funds for myself.'' And a physician -- I asked this particular physician to come up here and testify in committee, because this quesbion gets asked a great deal. And it's -- and I appreciate that and I understand that. But he -- he -- obviously he would not do that, and then he said that to me in strictest of confidence.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Mclaro.
Yes. Just -- just quickly, to the bill: Yau knowr -- if I thought for a second that these fourteen-, fifteen-, sixteen-year-old, young girls that are that are having these babies if I thought for a second that most of them were doing it because they 're trying pick up seventy bucks a month, I'd vote for this bill. think that the majority are having them for other reasons, mostly primal or whatever urges that come over them. don't Ehink when they 're -- when theydre conceiving these babies that they're thinking of the fact that, ''Heyr let me do this and 1et me commit this act so k could ptck up seventy bucks.'' So I think the gist of the bill is going to wind up hurting children and hurting mothers nore than helping them. So I urge a No vote. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY 1 REGULAR SESSION SENATE TRANSCRIPT 106th Legislatlve Day April 19, 1994 I
PRESIDTNG OFFICER: (SENATOR DONAHUE) Further discussion? Senator Palmer, for a second time .
Madam Chairman, I apolcglze for rising for a second timer but I just feel very strongly about this bill. And perhaps when the first man has a baby, he will understand that one does not go through that paln for seventy nare dollars a month. I just want to point out to the Body that the Children's Defense Fund has pointed out that one -- at least one out of four children ln America ls poor, and that is across the board, whether that -- the mother of that child is on AFDC or nct. And I Would suggest to you that as much as we may -- and I certainly understand some concern and -- and anger about mothers Who are not, to our way of thinking, belng as caring about children as they should, but With -- until We come up With another systen by Which we take care of the children, by passing this kind of legislatlon, you are, in fact, punishlng the children, Whether you mean to or not. And I really urge you not to continue to punish parents by way of children.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon, for a second time.
Thank you, Madan President. I just Wanted to also respond to thatr but I couldn't put it any betber than Senator Palmer. That's a lot to go through for seventy dollars a month. I also Want to point out that a box of Pamperg in -- in koday's world - I have a two-year-old - they cost five dollars for the -- and you get about sixteen, and they run through them in kwo days. So you quote that across a month and it's gone. Then you have nilk; then you bave baby food; then you have a lot of cther things, and believe mer seventy dollars - you can't raise a baby on seventy dollars a month any way. So -- so to say that they 're having i 72 I l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994 these babies just to get seventy more dollars a month is a rldiculous statement. And -- reason why your doctor friend dldn't come and probably testify, he probably didn't want to perjure hlmself before the Senate. And I guarantee you that same doctor will scream bloody murder for his Medicaid payment to be on time. PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senatcr Topinka. SENATOR TOPINEA : ' Yes. Madam President and Ladies and Gentlemen of the Senate, I don't think anybody ls suggesting for a moment that money is the only reason that youngsters are being born in -- kn very sad economic times and economic conditions. However, I think when we start lookkng at just the physical act of having child after child, responsibly speaking, some economlc decisions have to be made by al1 families and by all individuals Who are involved. And that -- that covers and transcends a1l socioeconomlc bonds and a11 socioeconomic areas and a11 socioeconomic trends. Everybody owes that to -- to civilization; that they make those economic decisions in terms of what they are doing when they have children and how many they have and where they go forward. This prcgram has been passed in New Jersey, Wisconsin and California. It is working successfully. There ls nothing in the government today. We are -- we are not a naticn like other naticns in history on occasion have had monetary bonuses fcr having children. And I don't think any -- any group in society in -- in America today has that going for it. We don't deny -- we don't deny other programsy like food stampsr medical assistance. Nobody 's -- nobody ls putting these children on the streets: but we are being very definite that you get one shot at it. After that, this money on AFDC is not going to increase. It will not be there as an incentive, if indeed it is an incentlve for some. It is a fair bill. I think it lays out parameters of economic responsibility, 73 l I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Leglslative Day April l9, 1994 and I would seek its support.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Watson, to close. SENATOR WATSON: . Yes. Thank you, Madam President, and I -- you know, I -- I could say a 1ot of things, but one thfng that 1 don't -- I'm not trying to be punitive to anybody, and I -- and I can understand how some people may perceive this to be that, and thatfs not the intention of this. Senator Hendon brings up the fact that a1l these costs in relatkon to having a chëld, and that's exactly What we Want people to do: Senatorr ls to realize the financial obligations of having a child and what those costs are. We want them to stop and think, and be responslble for their actlons. That's what this is trying to do. You know, we -- we declared war on poverty in the -- in the sixties, and we've thrown an incredible amount of money at what we think is solving the Welfare problem, and f don 't know vhat we tve done. I think, in some cases, we've actually taken scme steps backwards. I mean, because look what we have today. Our Medicaid budget ls out of Whack. This country -- one out of four ycung people live in poverty. What have we solved by a11 the money we've thrown at the welfare problem since the mid-1960s? I don't think we've solved a great deal. What we need to do is somehow break that chain of generation after generation after generation of dependency on a system that is obviously broken and is in bad need af repair. And, Senator Palmer, you talked about and lnsinuated, to a certain degree, that L don't have -- that I don't have a poverty problem in my district. Wellr I want to tell you: In one of the ccunties in my districtr I had the largest percentage of teenage pregnancies of any county in the State - in my distrlct. We have this problem, and we're trykng to deal with it. This legislaticn I 74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatlve Day April 19, 1994 has passed in other states and has been effective. The Legislative Research Unit put together scme information for me in regard to what's happened in New Jersey. And let me just gtve you an idea, and maybe thls gill address, Senator Molaro, some of your concernsr îcause can appreciate and understand your beliefs here. But since the bill Was enacted tn New Jersey, there has been a 13.7 percent reduction in pregnancies and births to AFDC mothers. Now, when you compare that to months from 1992 to 1993, August there was a decrease of 11.6 percent; September, 13.6 percent; and October, sixteen percent. That Was in 1993. Sc you can see it's having an impact, and it actually ls accelerating. So it Ls doing something. So maybe we don't have the statlsties out there to prove necessarily that some of these -- that many of these people have children for additional dollars, but I thlnk that the statistics in New Jersey help bear that out. And want to just read to you something from an inmate in Graham Correctional Center. This is an incarcerated individual currently in Graham Correctionat Center. He wrote a paper on welfare reform for a class he's taking while in prison, and I just Want to just read to you a few short sentences here: ''Although the Welfare system provided only a lkttle help, Was a means of survival for many young wcmen, but the system opened itself to abuse in two different ways. Firsty in many instances, women had more children just to get more money. It Was seen as a system that gave irresponsible young women tax-free dollars, and became -- and because it seemed to encourage more babies, the Welfare systen, designed to help the single-parent family, instead became a destructive force. Instead of encouraging responsibility: it seemed to encourage more children.'' This is from someone Nho is incarcerated kn Graham Correctional Center who probably is a resulk or lived in a family of poverty. This may not be the answer, but it's certainly a step in the right direction. And 75 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 would appreciate your suppcrt.
PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 1525 pass. Those in favor will vote Aye. Opposed, Nay. 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 37 Ayes, no -- 21 Naysz none voting Present. Senate Bil1 1525, having received the required constitutlonal majority, is declared passed. Do I have - - Senator Burzynski seeks leave of the Body to go back to Senate Bi11 1524. Leave granted? Leave (s granted. Madam Secretary, read the bill.
Senate Bill 1524. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Burzynski.
Thank you, Madam President and Ladies and Gentlemen of the Senate. This is probably the Least controversial of any of the bills that we've addressed today, and basically what wedre trylng to do is provide that parents under age eighteen who have not received a hiqh school diploma or GED equivalent is not eliîlble for AFDC. We 're trying to enccurage them to stay enrolled in school, to complete their educational process. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Seeing noner the question is, shall Senate Bill 1524 pass. Those in favor Nïll vote Aye. Those opposed will vote Nay. Voting is open. Have a1l voted Who wished? Have a1l voted Nho wish? Have a1l voted Who Wish? Take the record. On that question, there are 56 Ayes, 2 Naysy none 76 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TEANSCRIPT 106th Legislative Day April l9, 1994 votkng Present. Senate Bilk 1524, havtng recetved the required constitutlonal majority, is declared passed. Senator Hall, for what purpose do you rise?
. 1 just Wanted to -- on that last vote, that I voted Ayer I meant to vote No, and I voted O'Daniel No, and he wanted to vote Aye. So I just want the record to shcw.
PRESIDING OFFICER: (SENATOR DONAHUE) The record will reflect. Senator Trotter, on 1546? Read the bill, Madam Secretary.
Senate Bill 1546. (Secretary reads title of bill)
PRESIDING OFFICER: (SZNATOR DONAHUE) Senator Smithy for what purpose do you rise?
Please, I'm sorry. I was running my mcuth. 1524 - I Want to vote Yes on that, because I'm a hyphenated sponsor. And if you 'd be so kind, will you please change my vote from No to Yes, please?
PRESIDING OFFICER: (SENATOR DONAHUE) Well, the reeord will reflect that, Senator Smith. Senator Trottere on Senate Bi1l 1546.
Yes. Just so the record will show that I voted correctly on the last bill, and... On 1546, however, it provides that the Illinois Department of Public A1d in its annual report cf the Healthy Moms/Healthy Kids Program, shall include information on the qualitative aspects of the program. Those factors should ineluder but not be limited to, the rate of immunization for children enrolled in the program compared tc statewide immunization rates; it should include the rate of low-birth-Weight babies born to wonen enrolled tn the program compared to statewide 77 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day Aprik k9, 1994 rates, the rate of prenature birth for pregnant women enrolled in the program compared to statewlde rates, and the degree to which pregnant women receive adequate prenatal care as defined by those gho receive the number of office visits recommended by the American College of OB and GXNE physicians. The the purpose is intended to provide data on the quality of health care services delivered under that program. There was no opposltion to -- to the bill in the committee, and it is in -- the proponents of the bill are the Illinois Maternal and Child Health Coalitkonr the Illinois Public Hea1th Association, and the various other health service organlzations here in this State. And I would like for its passage.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the guestion is, shall Senate Bill 1546 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a1l voted who Wish? Have a11 voted Nho Wish? Take the record. On that question, there are 58 Ayesr no Nays, none voting Present. Senate Bi11 1546, having received the required constttutional majority, is declared passed. Senator Hendon, for what purpose dc you rise?
Thank you, Madam President. I made a -- I hit the Wrong button on -- and I wanted to be recorded as voting Aye on Senator Burzynski's fine bill, 1524. So I'm Aye on 1524, please.
PRESIDING OFPICER: (SENATOR DONAHUE) The written record will reflect khat. Senate Bill 1560. Senator Jones? Yes? Madam Secretary, read the bill.
Senate Bill 1560. (Secretary reads title of bill) 3rd Reading of the bill. 78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 106th Le:islative Day April l9, 1994 PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones. SENATOR JONES: Thank you, Madam President and Members of the Senate. Senate . Bill 1560, as amended, amends the Minority and Female Business Enterprkse Act, and what it does essentially is extends the sunset deadllne from January -- I mean, December of this year until the year 1999. An identical bill did pass by Senator Geo-Karis. That's a11 the bill does. I ask for a favorable vote. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 1560 pass. Those in favor will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted Who wish? Have a11 voted who wish? Have a11 voted Who wish? Take the record. 0n that question, there are 58 Ayes: no Naysr none voting Present. Senate Bill 1560, having received the required constitutional majority, is declared passed. ...tmicrophone cutoffl...Geo-Karis, on 15677 Do you wish to have it recalledr Senator Geo-Karis? SENATOR GEO-KARIS: Yes - to 2nd Reading, please. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis seeks leave of the Bcdy to return Senate Bill 1567 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objectlon, leave is granted. On the Order of 2nd Reading is Senate Bill 1567. Madam Secretary, are there any Floor anendments approved for consideration? ACTING SECRETARY HAWKER : Amendment No. 1, offered by Senator Geo-Karis. PRESIDING OFEICER: (SENATOR DONAHUE) Read the -- the amendment, Madam Seeretary. Oh. Sorry. Senator Geo-Karis, to explain the amendment. I 79 i i STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19z 1994 SENATOR GEO-KARIS: Madam President and Ladies and Gentlemen of the Senate: my amendment sinply provides that this bill applies to the tnstitutions of higher learnlng of the State, to public . institutions and to other publlc institutions and junior colleges, but not to private institutions. And I move for its passage. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Seeing none, all those in favor, say Aye. Oppcsed, Nay. The Ayes have itr and the amendment is adopted. Are there any other Floor amendments approved for consideration? ACTING SECRETARY HAWKER : No other amendments reported, Madam President. PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Jones, on 1579? Read the billr Madan Secretary. ACTING SECRETARY HAWKER: Senate Bill 1579. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) . Senator Jones. SENATOR JONES: Thank you, Madam President. Senate Bill 1579: as amended, will require the Department of Publlc Hea1th, in conjunction with DCFS and the Department of Public Aid and other private, public and community agencies, to convene a committee to draft a plan to implemen: the Healthy Families Statewide Program to -- Eo -- to prevent potential child abuse and neglect cases and encourage positive health and development. The program is based on the Healthy Family -- Families American model, as a voluntary program to identify at-risk family and at-risk children before they become I 80 i STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatlve Day April l9, 1994 I E . a problem . And it's to report to the Governor and the GA by January 1, 1995. Many groups have come together on this bill. It is a new model to try to save the children and save the families, and I ask for a favorable vote. PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 1579 pass. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have al1 voted Who wish? Take the record . On that questiony there are 58 Ayes, no Nays, none voting Present. Senate Bill 1579, having received the required ccnstitutional majority, is declared passed. Senator Watson, on Senate Bill 1594. Out of the record. Senator Tom Dunn, on Senate Bill 1598. Out of the record. Senatcr Fitzgerald? Out of the record. Senator Madkgan, 1624. Out of the record. Senator Maharz 1649. Out of the record. Senator O'Malley, on Senate Bill 1678. Out of the record. Senator O'Malley, on -- or, 1682. Read the bill, Madam Secretary. Sorry. Senator O 'Malleyy do you wish to have this bill returned to 2nd Readlng for the purposes of an amendment? SENATOR O 'MALLEY: Yes, I do . PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley seeks leave of the Body to return Senate Bill 1682 to the Order of 2nd Readkng for the purposes cf an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bl1l 1682. Miss -- Madam Secretary, are khere any Floor amendments approved for consideration? ACTING SECRETARY HAWKER: Amendnent No. 1, offered by Senator O 'Malley. PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley, to explain the amendment. 81 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAXSCRIPT 106th Legislatlve Day April 19, 1994
Thank you, Madam Chairman and Members of the Senate. Senate Amendment No. reduces the size of the Chicago Board of Education from fifteen to eleven members. This is accomplished pursuant to the provislons of the bill by -- or the amendment, by abollshing the office of the four board members whose terms expired on May 15th: 1993, and still: as yet, have not been replaced.
PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Seeing none, Senator O'Malley Roves the adoption of Amendment No. 1 to Senate Bill 1682. A11 those in favor, say Aye. Opposed, Nay. The Ayes have Amendment is adopted. Are there any other amendments for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Readlng. ...lmachine cutoffl...philip: on Senate Bill 1685. Out of the record. Senator Maitlandr on Senate Bill 1690. Senator Rauschenberger, on Senate Bill 1702. Out of the record. Senator Dillardr on Senate Bill 1705. Out of the record. Senator Maitland: on Senate Bill 1709. 1710. Senator O 'Malley: on Senate Bill 1715. 0ut of the record. Senator Karpiel, on Senate Bill 1721. Out of the record. Senator Mahar. Senator Madigan. Senate Bill 1728. Out of the record. Senator HaWkinson, on 1730. Out of the record. Gosh no takers. Senator Maitland, on Senate Bi11 1733. Senator Senator Barkhausen, on Senate Bill 1751? Do you Wish to have this bill returned to 2nd Reading for the purposes of an amendment? Senator Barkhausen seeks leave of the Body to return Senate Bill 1751 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection: leave is granted . On the Order of 2nd Readlng is Senate Bill 1751. Madam Secretary, are there any Floor amendments approved for eonsideration? 82 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day Aprll 19, 1994
Floor Amendment No. <sic> (2), offered by Senator Barkhausen.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausenr to explain the amendnent.
Thank you, Madam President. Amendment No. 1 <sic> to Senate Bill 1751 is merely a technical amendment suggested to us by the Chicago Bar Associatlon, and I move its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Seeing none, Senator Barkhausen moves the adoption cf Senate Amendnent Nc . 1 <sic> to Senate Bill 1751. A11 those favor, say Aye. Opposedy Nay. The Ayes have it. Ploor amendment is adopted. Any further amendments?
No further amendments reported, Madan President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Weaver, cn Senate Bill 1782. Out of the record. Senator Lauzen, on Senate Bill 1825. Out of the record. Senator Watson, on Senate Bill 1832. Read the bill, Madam Secretary.
Senate Bill 1832. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR DONAXDE) Senator Watson.
Yes. Thank you, Madam President. Probably, as many of you know, the federal government has passed what they call the National Community Service Trust Fund Act, and will be implemented in Septenber of this particular year. It's an effort 83 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day Aprll l9r 1994 to try to create volupteerism and getting young people involved community service. The Lieutenant Governor's Office has a mechanism by Whlch to implement some of the provisions of that particular Act. And what we 're doing is simply saying that the Lieutenant Governor's Office of Voluntary Action Actr and creates then the Commission of Community Service. And that Would then allow us to comply with the federal guidelines and then enable us to capture some three mlllion dollars in federal funds for this particular year.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any -- Senator Welch.
have a questlon of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Welch.
Senator Watson, how much are we appropriating to the Lieutenant Governor now for this program, and there's a three-million-dollar federal grant available, how much does the State have to come up with? Is lt a matching grant: or do we have to come up with something to -- to come up with that money?
PRESIDING OFFICER: (SENATOR DONAHUE) senator Watson.
It's fully federally funded lf we change the provisions of the current Commission that the Lieutenant Governor has to this particular language of ''Commission cf Community Service''.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson -- or I mean, Senatcr Welch? Excuse me.
But are we appropriating anything now to the Lieutenant Governor's Office that we 're going to get back? 84 ! STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19, 1994 PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. SENATOR WATSON : Well, the Lieutenant Governor's Office adninksters about 2.l million dollars in grants to schools and community-based . organlzations thrcugh this -- currently, through this Commission. So I Would assume that that would -- that would continue or -- as long as we appropriate the funds. PRESIDING OFFICER: (SENATOR DONAHUE) Any further discussion? Seeing none, Senator Watson, to close. Question... SENATOR WATSON: Just ask for your favorable support. PRESEDING OFFICER: (SENATOR DONAHUE) Thank you, sir. The question is, shall Senate Bill 1832 pass. Those in favor wll1 vote Aye. Opposed, No. The voting is open. Have a11 voted who wish? Have a11 voted Who Wish? Have a1l voted who wish? Take the record. On that question: there are 55 Ayes, no Nays, none voting Present. Senate Bill 1832, having -- received the required constitutional majority, is declared passed. Senator Rauschenberger seeks leave of the Body to return to Senate Bill 1702 fcr the purposes of an amendment. Senator Rauschenberger seeks leave of the Body to return Senate Bill 1702 to the Order of 2nd Readin: for the purposes of anendment. Hearing no objectlon, leave is granted. On the Order of 2nd Reading is Senate Bill 1702. Madan fecretary, are there any Floor amendments approved for consideration? ACTING SECRETARY HAWKER: Amendment No. 3, offered by Senator Rauschenberger. PRESIDING OPFICER: (SENATOR DONAHUE) Senator Rauschenberger, to explain the amendment. SENATOR RAUSCHENBERGER: 85 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislatkve Day April l9, 1994 In the course of developfng kknd of an omnibus repealer bill taking Statutes off the books that have been inactive apparently inactive - for fifty to seventy-five, and in some cases longer, number of years, we ran into an objectlon from the City of Chicago that was called to my attention by Senator Demuzio. And in an effort to acccmmadate both the City of Chicago and concerns that the Senator voiced, this amendnent's offered to remove the General Assistance Tax Act from the repealer bill that we 're going to be offering tomorrow for a final vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Senator Jacobs.
Senator, are you trying to make this bill better so that you would make your predecessor look bad? You already have one bill that has passed this Body. This is rapidly taking ycu on to number twc, and I want you to know that John doesn't think too highly of that.
PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Senator Rauschenberger, to close.
Senator, I'd also remind you that do have two resolutions in, too, and apoloqize. Nill be seeklng leave of the Bcdy to apologize to ex-senator Friedland when he has the opportunity to be here, but I'd appreciate approval for the amendment and returning the bill to 3rd Reading.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger moves the adoption of Senate Amendment No. to Senate Bill 1702. A1l those in favory say Aye. Opposed, Nay. The Ayes have The amendment ls adopted. Are there any further amendments for discussion, Madam Secretary?
86 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19: 1994 No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Now , are there any Members who wish to have bills that are on 2nd Reading noved to 3rd? Senator Sieben?
Yes, Madam President. Senate Bill 1628. Amendment No . 1 was consldered ln the Education Committeer and I would like to move for the adoption of that amendment.
PRESIDING OFFICER: (SENATOR DONAHUE) On the Order of 2nd Reading, on page 2 of your Calendarr is Senate Bill 1628. Senator Sieben. Madam Secretary, read the bill.
Senate Bill 1628. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Education adopted Floor Amendment No . 1.
PRESIDING OFFICER: (SENATOR DONAXUE) Have there been any Floor amendments approved for conslderation? Senator Sieben, on...
No committee amendments. Floor Amendment No. 1 was approved for consideration.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Sleben, to explain your anendment.
Thank you, Madan President and Ladies and Gentlemen of the Senate. Amendment No. 1 adds clarifying language to the underlying bill to make it clear that the taxing authority of special ed cooperakive education districts is limited at fifteen cents for a dual district, thirty cents for unit districts, and it also clearly adds the language so that this -- this taxing 87 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY j REGULAR SESSION ' SENATE TRANSCRIPT I 106th Legislative Day April 19y 1994 authoriky is limited by the tax levies of the various educatlon ! l I fund, transportation fund r building and maintenance fund. Creates no new taxing authority for these special ed cooperatlve i districts, and I'd nove for the adoption of Amendment No. 1. PRESIDING OFFICER: (SENATOR DONAHUE) ' i Is there any discussion? Any dlscussion? Seeing none, Senator Sieben moves the adoption of Amendment No . 1 to Senate i Bill 1628. Those in favorr say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further amendments for adoption?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Dudycz, on Senate Bill 1701. Read the bill, Madam Secretary.
.. . lmachine cutoffl...Bill 1701. (Secretary reads title of bill) 2nd Reading of the blll. No committee or Flocr amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Anyone else Wish to move a bill from 2nd to 3rd2 Senator Demuzio.
Yes. Thank your Madam President. I have a number of bills in Rules I'd like to move to the Order of 2nd Readlngy if I could, please.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Karpiel, for what purpose do you rise?
Thank you, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 88 STATE OF ILLINOIS 88TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April 19: 1994 Senator Karpiel.
To make an announcementy and I hope al1 the Members of the Executive Committee are listening. We Will meet tomorrow morning at 9:30, not 9 o 'clock. 9:30 in Room 212, to hear resolutions that have been placed, hopey on an agreed bill -- agreed-resolutlon list. If you're a1l there on tlme, it shouldn't take more than five or ten minutes.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica, for what purpose do you rise?
Purpose of a commlttee anncuncement, if I may, Madam President. At o'clock, Local Government and Elections Will meet in A-1 ln the Stratton Building. We shculd only be there five to ten minutes. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler, for what purpose do you rise?
Just a reminderr Madam Chairman, that the Commerce and Industry will meet tomorrow morning - set your clocks early - 8 o'clock. 8 a.m. Room ...
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Demuzio...
Room 400.
PRESTDING OFFICER: (SENATOR DONAHUE) Senator Demuzio, for what purpose do you rise?
Thank you. There is also an amendment in Executive Committee tomorrow, so I would remind the Members that there's other matters other than resolutions pending before us.
PRESIDING OFFICER: (SENATOR DONAHUE) ' 89 j ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR sEssloN SENATE TRANSCRIPT I 106th Legislative Day April 19, 1994 Senator Karpiel. SENATOR KARPIEL: I'm sorry, Senator Demuzio . Senator Demuzio . Tomorrow we are I only hearing resolutions. We Will have amendments on Thursday. Don't ask me Why . I thought we Were going to hear amendments as well, but we will hear only the resolutions tomorrow , and those are cnly the ones that have been put on an agreed list, noncontroversialg agreed-list resolutions. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. SENATOR MAITLAND: Thank youy Madan Presldent. Just an announcement that the Senate Committee on Appropriations will meet tomorrow morning at 10 a.m. in Room 212. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Woodyard. SENATOR WOODYARD: Thank you , Madam President. There Wi11 not be an Ag-conservation Committee tomorrow morning. Thatds on your Calendar at 8 o 'clock. Again, there wkll not be a meetkng . PRESIDIHG OFFICER: (SENATOR DONAHZE) Senator Mahar. SENATOR MAHAR: Thank you, Madam President. The Senate Environment and Energy Committee will meet at 4 o 'clock in 400 to consider three anendments. It shoukd be quick . Don't be latez or youdll miss it. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Barkhausen. SENATOR BARKHAUSEN : Thank you, Madam President. The Senate Financial Institutions Committee has a meeting at 4 o'clock fn Room A-l. We have tWo 90 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY j REGULAR SESSION SENATE TRANSCRIPT ! 106th Legislative Day Aprll 19, 1994 bills, each with one amendment.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Watson. I SENATOR WATSON: l To announce the Education Committee will .have a hearlng tomorrow at 10 o'clock, A-1, in Stratton Office Building at 10 o'clock. PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator Ralph Dunn.
Thank you. Local Government and -- whoop, whoop, whoop. State Government Operations and Executive Appointments Will meet this afternoon at 3 o 'clock, Room 212. We have one amendment to ccnsider.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.
The Transportation Committee wi11 meet at 3 o 'clock. We have just a couple of amendments. In Room 400. If everybody's on tlme, we should be out very qulckly.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Topinka.
Yes, Madam Chairman. Tomorrow at 4 o 'clock, Pubtic Health and Welfarer very quick, A-1z Stratton.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Carroll.
Thank you, Madam President. I heard Senator Karpkel -- Chairman Karpiel identify that resoluticns are up tomorrow. I just wanted to ask Senator Karpiel if my resolution is on that list, and if that's up tomorrow. 91 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 106th Legislative Day April l9, 1994 i PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Karpiel.
A1l the Members who have resolutions that are on the agreed list have been notified . If you have not been notified that your resolution is on that, you don't have to bother coming to l committee. PRESIDING OFFICER: (SENATOR DONAHUE) i Resolutions.
senate Resolution 1282, offered by Senator Watson. It is substantive.
PRESIDING OPFICER: (SENATOR DONAHUE) Motions -- or, Madam Secretary, have there been any motions filed?
Senator Hendon has filed four discharge motions With regard to Senate Joint Resolution 73 and Senate Bills 223, 1119 and 1166.
PRESIDING OPFICER: (SENATOR DONAHUE) Madam Secretary, the Chalr requests that the motions be printed on the Calendar. So ordered. Is there any further business to come before the Senate? If nct, Senator Carroll moves that the Senate stand adjourned until noon, Wednesday, Aprll 20th. Noon tamorroW. Senate Stands adjourned. i i 92 ! REPORT: TIFLDAY STATE OF ILLINOIS 9q/11/O3 PAGE: 001 88TH GENERAL ASSEHBLY 12:07:23 SENATE DAILY TRZNSCRIPTION OF DQBATE INDEX APRIL 19, 199: 58-0393 OTHER SB-IIVR THIRD REâDING SB-11R6 RECALLED SB-1172 SECOND READING SB-1181 RECALLED SB-1211 THIRD REZDING SB-1212 THIRD RERDING SB-1260 THIRD REâDING 58-1263 SECOND READING SB-1274 0UT OF RECORD SB-12S6 THIRD READING 58-1339 THIRD READING SB-1364 SECOND REZDING SB-1477 SECOND READING SB-1510 THIRD READING :8-1513 THIRD REâDING 58-1522 RECALLED 58-1523 THIRD REZDING SB-1524 THIRD READING SB-152V OTHER SB-152V OTHER 58-1525 THIRD REZDING 58-1525 OTHER 58-1528 SECOND REZDING SB-15R6 THIRD READING SB-1560 THIRD READING 58-1567 RECZLLED 58-1579 THIRD REZDING 58-1628 SECOND READING 58-1682 RECALLED SB-1701 SECOND REZDING SB-1702 RECALLED SB-1751 RECALLED SB-1819 SECOND READING 58-1832 THIRD REZDING 5R-:273 RESOLUTION OFFERED SR-127k RESOLUTION OFFERED 5R-1275 RESOLUTION OFFERED 5R-1276 RESOLUTION OFFERED 5R-1277 RESOLUTION OFFERED 5R-1278 RESOLUTION OFFERED 5R-1279 RESOLUTION OFFERED SR-1280 RESOLUTION OFFERED SR-1281 RESOLUTION OFFERED 5R-1282 RESOLUTION OFFERED SJH-OIMI ADOPTED SJR-OIRI RESOLUTION OFFERED SJR-O1R2 RESOLUTION OFFERED SJR-01R3 RESOLUTIOK OFFERED SUBJECT HATTER SENATE T0 ORDER-SEMATOR GEO-KZRIS PAGE 1 PRAYER-REVEREND LOREN RàSBUBY PAGE 1 JOURNALS-POSTPONED PAGE 1 COMHITTEE REPORTS PAGE 1 COMMITTEE REPORTS PAGE 36 âDJOURNMENT PAGE 92