PRESIDING OFFICER: (SENATOR WEAVER) The Senate will cone to order. Will the Senators be at their desks, and our friends in the gallery please rise. Our prayer today will be by the Pastor Thomas Christelly Grace Lutheran Church of Springfield. Pastor.
(Prayer given by Pastor Thomas Christell)
PRESIDING OFFICER: (SENATOR WEAVER) Read the Journal.
Senate Journals of Wednesdayz April 13th7 Thursday, April 14th 7 and Friday, April 15th r 1994.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
Mr. President, mOVe that the Journals just read by the Secretary be approved: unless Some -- some Senator has addltions Or a Correction to Offer.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler moves the approval of the Journals just read. There being no objection, is so ordered.' Senator Butler.
Mr. President, move that readlng and approval of the Journals of Tuesdayr Aprll l9*h and Wednesday, April 20th in the year 1994, be postponed, pending arrival of the printed Journals.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler moves to postpone the readin: and the approval of the Journals, pending arrival of the printed transcripts. There being no objections, it is so ordered. Committee Reports.
Senator Topinkar Chair of the Committee on Public Health and Welfarer reports Senate Amendment 2 to Senate Bill 1147 Be >* STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 21, 1994 Adopted; Amendment 2 tc Senate Bill 1598 Be Adopted; Amendment l to Senate Bi11 1746 Be Adopted; and Amendment 2 to Senate Bill 1746 Be Adopted. Senator Madigan, Chair of the Committee on Insurancey Penslons and Licensed Activities, reports Amendment l to Senate Bill 1421 Be Adopted; Amendment to Senate Bill 1479 Be Adopted; Amendment l to Senate Bill 1624 Be Adopted; Amendment 2 to Senate Bill 1706 Be Adopted; Amendment 18 to Senate Bill 1709 Be Approved for Consideration; Amendnent to senate Bill 1710 Be Adopted; and Amendment 2 to senate Bll1 1728 Be Adopted. Senator Fawell , Chair of the Committee on Transportation , reports M endnent 4 to Senate Bill 1730 Be Adopted ; and M endment 3 to Senate Blll 1733 Be Adopted . Senator Hawklnson r Chair of the Colmllittee on Judiciary, reports Amendment 2 to Senate Bill 1133 Be Adopted . Senator Mahar, Chair of the Colnmittee on Environment and Energy , reports that the Second Conference Committee Report to Senate Bill 405 Be Approved for Consideration. Senator Watson , Chair of the Committee on Education , reports M endment 1 to Senate Bill 1381 Be Adopted, M endment 2 to Senate Bill 1678 Be Adopted ; M endment 3 to Senate Bill 1716 Be Adopted . And Senator Karpiel, Chair of the Committee on Executive , . reports Senate M endment 3 to Senate Bill 1318 Be Adcpted ; M endments numbered 2 and to Senate Bill 1364 Be Adopted ; and Amendment 1 to Senate Bil1 1528 Be Adopted . PRESIDING OFFICER: (SENATOR WEAVER) Resolutions . SECRETARY HARRY : Senate Resolution 1296 ls offered by Senator Karpiel. Senate Resolution 1297 , by Senator Petka . And Senate Resolution 1298 , by Senator Hall and all Members . They 're a11 congratulatory, Mr. President. 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day April 2ly 1994
PRESIDING OFFICER: (SENATOR WEAVER) Consent Calendar.
Senate Resolution 1299, offered by Senators Ralph Dunn and Rea. It's substantive.
PRESIDING OFFICER: (SENATOR WEAVER) It is the intention of the Chair to go to recall of appropriation bills to handle those anendments. First, Gretchen Kerwin, photographer from the Springfield Journal-Registery requests permisslcn to photograph on the Floor for a project featuring individuals behind the scene at the Statehouse. Is there leave? Leave granted. Senator Hasara, do you Wlsh to recall Senate Bill 1258 to the Order 2nd Reading for the purpose of an anendment? Senator Hasara seeks leave of the Body to return Senate Bill 1258 to the Order of 2nd Reading for the purpose of an amendnent. Hearing no objectlon, leave is granted. On the Order of 2nd Reading is Senate Bill 1258. Mr. Secretary, are there any Floor amendments approved for consideraticn?
PRESIDING OFFICER: (SENATOR WEAVER) Amendment No. offered by Senator Maitland .
PRESIDING OFFJCER: (SENATOR WEAVER) Por what purpose does Senator Cullerton arise?
Yes. Thank you, Mr. Presldent. I'd like to request a Democratic Caucus immediately Senator Jones' office.
PRESIDING OFFICER: (SENATOR WEAVER) That request is in order. How long will you be, Senator? Demoeratic Caucus will be held in Senator Jones' office, approximately a half hour. Hopefully we can come back sharp shortly after a half hour and get -- we will delay the Rules Committee until 12:15 -- 1:15. Excuse me. 1:15. Senate will STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 stand in recess. (SENATE STANDS IN RECESS)
PRESIDING OFFICER: (SENATOR WEAVER) The Senate will reconvene in five minutes. Five minutes. It is the intentlon of the Chair to go to appropriation bills on recall and get those amendments offered. Five minutes. (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR WEAVER) The Senate Will come to order. The Illinois Information Service requests permission to videotape today's proceedings. Is there leave? Leave is granted. On the Order of 1st Readingz Mr. Secretary. You have House Bills on 1st Reading.
House Bill 365, offered by Senator Senator Lapaille. (Secretary reads title of bill) House Bill by Senator Lapaille. (Secretary reads title of bill) Senator Lapaille offers House Bill 950. (Secretary reads tltle of bill) House Bill 2108, by Senator Cullerton. (Secretary reads title of bill) House Bill 2240, by Senator Cullerton. (Secretary reads title of bill) House Bill 2264, by Senator Lapaille. (Secretary reads title of bill) House Bill 2268, Senator Lapaille. 4 STATE OF ILLINOTS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 (Secretary reads tikle of bill) House Bill 2269: Senator Lapaille. (Secretary reads title of bill) House Bill 2358, Senator Lapaille. (Secretary reads title of bill) House Bi11 2359, Senator Lapallle. (secretary reads title of bill) House Bill 2612, offered by Senators Dudycz and DeLeo. (Secretary reads title of bill) House Bill 2635: Senator Raica. (Secretary reads title of bill) Senator Geo-Karis offers House Bill 2645. (Secretary reads title of bill) House Bill 3081, Senator Lapaille. (Secretary reads title of bill) Senator O 'Malley offers House Bill 3192. (Secretary reads title of bill) House Bill 3273 is offered by Senator Smith. (Secretary reads title of bill) And House Bill 3582, by Senator Butler. (Secretary reads title of bill) 1st Reading of the bllls, Mr. President.
PRESIDING OFPICER: (SENATOR WEAVER) It is the intention to go to the Order of 2nd Reading on on the Order of 3rd Reading eo bring the apprcpriation bills that have amendments filed, and act on a1l those amendments. We have a great deal of work to do today, and if the Membership will keep their comments to a minimum, maybe we can get out by midnight. WICS-TV requests permission to videotape . Is there leave? Leave is granted. Senator Hasara has asked leave to bring Senate Bill 1258 back to the Order of 2nd Readin; for the purpose of an amendment. Ts there leave? Leave is granted. Senator Maitland, STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21y 1994 on Amendment No . 2 to Senate Bill 1258.
Thank you very much, Mr. Presidente Members of the Senate. Let me -- let me first of al1 indlcate what we attempted to do with -- with this budget as we ncw -- as we now are -- are amending We -- we looked at a1l new initiatives that were suggested by the various agenciesy and where we thoughk necessaryr reduced or -- or elininated those new initiatives. Secondlyr we attempted to bring all increases back to the level the approximate level -- wherever possible, the level that had been suggested as the rate increase for providers - roughly .8 8.8 - - 8 percenè . and flnally we attempted to -- where we saw expansion in the budget and could not get a definitive answer from an agency -- and know this doesn't mean we had lack of communicatlon, but where we either didn't agree or weren't satisfied with the increases in those initiatives, then we -- then we reduced thosey as well. In the amendments that we will offer you thls afternoon, we have roughly -- in total reductionsr eighty-seven milllon dollars with the total additions around seven million -- nearly eight milllon dollars, for a net reduction of abcui seventy-nine millîon dollars from the introduced level. Let me then, Mr. President, with that brief explanation, indicate to you that the amendment we are offering on Senate Bill 1258 is a reduction of four hundred twenty-five thousand dollars in General Revenue, and I would -- would move for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Demuzio.
Thank you very muchy Mr. President. -- I have a question of the sponsor. However, nok that everybody is here, I thank you very mueh.
PRESIDING OFFTCER: (SENATOR WEAVER) 6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 He indicates he will yield: Senator. Senator Hendon.
Thank you, Mr. Chairman. 1111 the sponsor yield for a questionr please?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.
Senator Maitland, the -- this cut involved in the motor-voter program -- is that cut still in here?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland.
Senator, let's get something straight, perhaps, right now. You were -- you were the committee yesterday, so -- the answer is yes. But -- but, you know , let's those are answers to questlons that you know are already there.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hendon.
Well, Mr. Chalrman, I Won 't be the first Senator to stand on this Floor and ask a questlon for the benefit of the other Senators that weren't in commlttee. So lee's get that straight also . asked the question for the benefit of the Members who were not in the committee who asked me the question. So simply asked you the question, and I Would respectfully submit to you that T have the right to ask that question. I won't be the first Senator to do so.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs. Senator Maitland.
Well, just to respond to the speaker. In my opening remarks announcing this amendmentr indicated what was in this amendment. STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21y 1994 And the amount. So the question Was redundant.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he will yield.
Thank your Mr. President, Ladies and Gentlemen of the Senate. Just a procedural question, if I mighty Sena*or Maitland. In committee yesterday know I had an amendmentr and there Were a couple of other amendments, and at that point the comment was made that we would have another time to hear these amendments. Could you tell me what that procedure may be? If we're putting these bills in -- into its final posture taday -- Which I have no qualms with; I just want to know whenever that time will be.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maltland .
Yes. Senator, with, you knou, with specific reference to the issue that you had, that is ane that that we a11 feel relatively strongly about, but it came to us at a late moment, and obviously couldn 't ac* upon And perhaps should have said in my opening remarks, we are stlll yet early in the -- in the process, and there will be some further adjustments in this budget.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hall.
I just want -- at the proper time when he finishes, I just have been informed that theydre going to recommit the vehicle bills. If that's so -- I'd like to ask the Chairman over there. 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 1994
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland.
Senator Maitland.
Senator, yesr we intend to recommit the vehicle bills to Rules.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Hall.
Wellr in that caser that -- We fll do likewise. Are you ready nowr Senator? A11 right. Whenever the time comes.
PRESIDING OPFICER: (SENATOR WEAVER) there further discussion? not, a1l tbose in favor of the anendment will signify by saylng Aye, and opposed, Nay. Ayes have it. The amendment ls adopted. Any further Flccr amendments approved for considerationr Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . On page 5 of your Calendar, Senate Bi11 1754. Senator Maitland, do you wlsh thls bill returned to the Order of 2nd Reading for the purpose of an amendment? Senator Maitland seeks leave of the Body to return Senate Bill 1754 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granked . On the Order of 2nd Reading is Senate Bill 1754. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No . 1, offered by Senator Maitland.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland, to explain the amendment. 9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
Thank you very nuch, Mr. President and Members of the Senate. Floor Amendment No. 1 is a reduction of five million eight hundred thousand in General Revenue. I Would move for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Carroll.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in opposition to this amendment, which I believe is Amendment No. Let me explain a little bit what the amendment does, and why we are opposed. And at the end, Mr. President, we will ask for a roll call on this particular amendment. Senator Maitland identified that is about a five-and-a-half, six- million-dollar cut. What it does is it cùts services to mentally il1 children by a little over half a million dollars. It cuts comnunity living arrangements for the developmentally disabled by a nillion six-plus, and cuts specialized services for the developmentally disabled by over two million dollars. These are not the areas where we shculd be trying to cut. We totally agree with the Republican cut in the operatlons of the Department getting rid of the bureaucracy - but why are we taking away funds from the developmentally disabled chlldren and mental health services for children? Very llkely, were this amendment to become law, we would have also violated a federal court order. As everycne knows, this is one of those agencies the Governor has turned over to the federal court, because of the inability of the administration to administer. This flies in the face of those type of orders that say we should be giving these types cf services. And we, for one, do not want to take funds away fron the developmentally disabled and khe kids who need mental health services, and would urge rejection of Amendment No. 1.
PRESIDING OFFICER: (SENATOR WEAVER) STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT E 108th Legislative Day April 21, 1994 i Senator Hendon. Senator Hendon, do you Wish to speak on it? ! 1
Thank you very much: Mr. President. I stand in total opposition to thls anendment, and I think the people of this -- of this State and the Members of thks -- the Menbers of thks Chamber . should at least have the opportunity to know exactly what we're i doing here. It is wrong to cut money from children Who have problems. There are children throughout thls State Who need these services and need these funds. Our children are faced -- and llving in a time of decadence, violencer blatant sex a1l over television, al1 in their nusic, and they need our help and our assistance. And it is cruel for us as -- as the Legislature, to cut these funds from these children that will be in need of these funds. It is wrong, and I'm opposed to it, and the -- and we Will pay one day. Truly, we will pay for not taking care of the children of this State.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? Senator Maitland .
Mr. President, just -- just in closing, 1et me -- 1et me indicate that -- that there are -- that each one of these different components that have been talked about by Senator Carroll and by Senator Hendon, are substantial increases over the preceding year. We are not cutting anything. We are simply cutting the phase-in and -- and the -- each program is substantially higher than the precedlng year. I would therefore renew my motion and seek your support.
PRESIDTNG OFFICER: (SENATOR WEAVER) Senatcr Maitland has moved adoption of Amendnent No. 2 Isic> to House -- Senate Bill 1754. There's been a request for a roll call. Those in favor of the amendment will vote Aye. Those opposed will vote Nay. The voting is cpen. Have a11 voted who 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 wish? Have a11 voted who wish? Have a11 voted Who Wksh? Take the record. On that questionr the Ayes are 31, the Nays are none voting Present. The amendment ls adopted. Are there further amendments? Senator Cullerton, for what purpose do you rise?
I Wish to ask for a verification on the last amendment.
PRESIDING OFFICER: (SENATOR WEAVER) That request is in order. Mr. Secretary, will you verify the Aye votes?
The followlng voted in the affirmatlve: Barkhausen: Burzynski, Butler, Cronin, DeAngelisr Dillard, Donahue, Dudyez' Ralph Dunn, Fawell, Fitzgeraldy Geo-Karis, Hasara, Hawklnson, Karpielr Klemm , Lauzen, Madigan, Mahar, Maltland, O'Malley , Petersonr Petka, Raica, Rauschenberger, Sieben, Syverson, Watson, Weaver, Woodyard and Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Cullerton, is there -- do you questicn the presence of any Member?
No.
PRESIDING OFFICER: (SENATOR WEAVER) On a verified roll call, the Ayes are 31, the Nays are 27, none voting Present. Having received the required constitutional najorityr the amendment is adopted. Are there further anendments, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading. Senator Maitland, do you wish Senate Bill 1755 returned to the Order cf -- 1756 to the Order of 2nd Reading for the purpose of an amendment? Senator Maitland seeks leave of the 12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Body to return Senate Bill 1756 to the Order of 2nd Reading for the purpose of an anendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1756. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Dcnahue.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue, to explain the amendment.
Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. Flocr Amendment No. 1 to the Court of Claims simply adds the funding to allow for the payment of the currently approved awards and the approved claims, and I would move for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there any discussion? If not, those in favor Will signify by saying Aye. And opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WEAVER) 3rd Reading . Senator Maitland, do you wish to return to 2nd Reading Senate Bill 1758? Senator Maitland seeks leave of the Body to return Senate Bill 1758 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1758. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. offered by Senator Maitland.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitlandy to explain your amendment. 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
Thank you, Mr. Presldent, Members the Senate. Floor Amendment No . 5 to the Omnibus Human Servlce Billr Senate Bill 1758, is a reduction of eight million three hundred forty-seven thousand dollars. I seek move for its adoption.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. A question for the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Would yield, Senator. SENATOR dEL VALLE: Senator Maitland , this amendment includes a reducticn of two million dollars that was in the budget for gang viclence and drug abuse prevention programs. The programs were going to come in the form of six pilot sites that would have included Joliet, Peoria: East St. Louis, Dupage County and Cabrlni Green. The progran is supposed to address the correlation between drug abuse and gang violence and gang activity. We have cut two mlllicn dollars from this program at a time when we are looking at violence -- increasing violence: particularly among youth in dlfferent parts of the Stater not just CHA, not just the City of Chicago, but in Dupage County and other counties throughout the State. We have here a program to reduce violencez and we're cutting it by two million dollars. Can you explain why wedre taklng this action?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland .
Thank you, Mr. President and Menbers cf the Senate. Senatcr, we -- we cut the program by 1.7 million dollars. We left in -- we left two hundred and fifty thousand dollars in. Pirst of the cities that were -- Were only suggested cities. No one knew for 14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 sure where those were 9oin9 to be. We thought it may Well be a good program . Let's -- let's seek one city and try the program therey and see how it works. It is a new initiatlve, and therefore we would suggest that We take out l.7 million dollars.
PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Senator Maitland, in other words, we pre going to see how it works in Rockford. And wefre going to make a11 these other areas that have growing violence -- lncreasing violence, where kids are dying on a daily basis almost - Wefre going to let them wait whlle we see how it works in Rockford. I -- I just don't understand that, and I rise in strang opposition to thls cut.
PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Carroll.
Thank your Mr. Presidenty Members of the Senate. 1, tooe rlse in opposition to this amendment for several reasons. Just to follow up a little bit on what Senator de1 Valle so capably said: The Governor proposed, quite correctly: that we look at six sites to see what we can do about gang violence. But appears as if the Senate Republicans do not belleve that there's a qang violence problem in Cabrini Green. That is one of the proposed sites. I can understand maybe Senator Philip doesn't want that kind of study in Dupage, but I do believe East St. Louis, Peoria and Jolie: would welcone sonething that would help deal wiEh Ehe gang violence problem . And as you read the papers, what's happening in Cabrini Green is a crime to society, but no, we'll eake away the money by this amendment in order to help alleviate some of the fears of the people in Cabrlnl Green. But that makes sense, because what else does the amendment do? We're reducing the funding for elder abuse and neglect preventicn. Every day we read 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day April 2ly 1994 in the papers about the growing concern about kids abusing their elder parents. Elder abuse and neglect has becone one of the rampant crimes, unfortunately, in our society. So what does this amendment do? Takes away some of the money so We don't have to worry about it. We can pretend it dldn't happen. . We also are taking away funding for the Project Ccrnerstone. new and innovative program to help bring services together bring services together for clients who participate in the Women's and Infants' Program. So What this amendment says is# we don't Want to worry about gang violence where the gangs are, we will not deal with the problems of abuse to our elderly, and we're not going to take care of the Women's and Infants' Program. What a terrible idea, and I would suggest: Mr. President, We have a roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith.
Thank you, Mr. Chairman, Ladies and Gentlenen of the Senate. join with my colleagues in saying that I am doubly against this Amendment 5 on the Senate Bill 1758, and I just want to reiterate some of the things that have been said here already thls morning, hcping that you will understand what you are doing to usr and the people who are responsible for the work of DASA . The amendmen: that -- you pass this amendmentr will cut the increase ln services for the Department of Children and Family Services by two and a half million dollars. These are needy people. These are people who really, really need. They can't come into these halls and proclaim tbeir need, but they have we, their Senators, who can speak on their behalf. And here we are talking about cutting out two and a half million dollars. And then we -- this amendment also eliminates one million dollars budgeted for the expansion of alcohol and substance abuse prevention services twenty underfunded communities in the Chlcago area and downstate area . 16 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 108th Legislative Day April 2l, 1994 And some of the communities that they are going to select have no* ! j even been chosen. It also Will eliminate two million dollars budgeted for a gang violence and drug abuse prevention progran in 1 I the six pilot areas. And you've just -- been stated and read to you what the areas were. They Were Rockfordr Joliet, Peoriaz East i St. Louis, Dupage County and Cabrinl Green in Chicago. The one that they have left -- these others al1 out for the tlme being -- and they're going to center on Rockford, Illinois. These programs are desperately needed. We're talking about a1l the violence in this -- and you had it right here in your hand, at your fingertips, in order to avert many of these things that are happening in our societies. And here you are talking abcut decrease, decreaser decrease. For what? For something that they want to do - a pet project or something. And so I am saying to you, those of you on the -- that are sitting in these seats, that are representing your people, your constituents: maybe you don't have any poor in your particular area. You don't have any dope in your area. You don't have any prostltution in your area. You don't have any mentally i1l people in your area, but for God's sake, those who are suffering with this and have to go back into their areas and say to their people, ''We tried, but We couldnst do I any better''. You can do better here this morning, and so I'm I asking you, think in terms of this amendment on Senate Bill 1758. Thank you. 1
PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Further dlscussion? Senator Welch.
Thank you, Madam President. In this amendment, there's also a -- what seems to be a small provlsion reducing by three nonths the start-up of the Alzheimer's unit at the Lasalle Veterans ' Home, whkch is a savings of forty-eight thousand dollarsr I believe. Is that correctr Senator Maitland? Is that a three nonth... 17 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Is that a question? Senator Maitland.
I don't know -- What'd he say? I didn't hear him. PRESIDING OFFICER: (SENATOR DONAHUE) . I I Senator Welch. I
You couldn't hear me? A11 right. What I'm asking isr in this amendment, is there a reduction for the Lasalle Veterans' Home due to a 1ag of three mcnths in opening the Alzheimer's unit? Our records show that'd be a reductlon of 48.8 thousand dollars. Is that correct?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
The answer is yes.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Welch.
Well, I think that that's false economy, Senator, because putting if off by three nonths - something that We 've been Waiting for at the veterans' center in Lasalle County, that serves eighty percent of the veterans in Northern Illinois: doesn 't seem to make a 1ot of sense ln llght of the other add-ons that are going to be passed out of this Chamber today. We have an add-on fcr seventy-five -- seventy-flve thousand dallars for a display case to display the Gettysburg Address that was used concerning the Civil War. We've got an add-on of flve hundred thousand dollars to Parkland College for cost associated With the Illinois Institute For Military and Occupational Studies, to study wars that we may engage in in the future. But here when we have veterans whodve already served in prior wars, welre delaying 18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 21r 1994 services to themy and I think that that's a big mistake. I think that We should use the money -- we can flnd forty-eight thousand dollars in thls budget, and put that budget back where it was orkginally intended. Thank you. PRESIDING OFFICER: (SENATOR DONAHUE) . Further discussion? Senator Raica.
Thank you, Madan President. I guess -- just to the merits: numerous times I've stood up on this Floor and either defended the - - the rightness or wrongness of good leglslation or bad legislation, but I've always defended and supported police officers and public servants throughout the State of Illinois. I was really unaware of -- of exactly what was involved in Senate -- Senate Bill 1758. Cabrink Green is kn one of my districtsz and I start my Watch With a hundred and twenty people every dayr and I hope to end my watch every day with a hundred and twenty people. And I Would hate to see two nilllon dollars go dcwn the tubes and have one of my people die because of something that I dldn 't know about. And therefore, I'm not going to be able to support this amendment.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Hendon.
Thank you very much, Madam President. I will be brief. 1 just wanted to say that Ir too, am ln opposition to this in a time when we are acknowledging that ycung people are the fastest growing population in prison right now. And we're warehcusing them at twenty thousand dollars a year. When we are acknowledging that drugs -- the proliferation of drugs in America is the number one crime problem in America. Why in the world -- why in the world Would we cut almost two million dollars from this program? It makes no sense whatsoever, and as Senator Welch said, there are 19 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 108th Legislative Day April 2l, 1994 i add-ons in this budget for things that may be important to an : kndividual Senator, but have no bearing on the quality of life of the people of this State. Thbs is wrong, Ladies and Gentlemen of the Senate. This is a pay-me-now or pay-me-later. And it seems like wedre just hell-bent on pay-me-laterz and lt makes no sense at all, because later - ln this situation, when you're talking about drugs and gangs - later is tomorrow. Every day -- every single day that wedre in Sessionr we cone up with a bill about being tough on crime. We come up With sonething about giving people longer tine in the penitentiary. We come up With something about doing something with these criminals: but yet we don't want to spend any money at al1 to keep our young people from going to jail in the first place. We have to be for real about What we're doing here today, Ladies and Gentlemen. We have to be for real. We have to fight drugs. We have to fight gangsr and it starts in this room. And it's not just in Chicago. It's not just in the areas where Senator Dudycz and Senator Raica put thelr lives on the line every single day. And I know it's a bad neighborhood, because they serve my neighborhood, but lt's all over this State. And maybe you cannot vote against most of these amendments, but this is one -- this is one that we should vote dawn, whether ycu are a Democrat or a Republican. We should vote this particular amendment down, and go back and put this money back in there so We can be for real about fighting drugs and flghting gangs in this State.
PRESIDINC OPFICER: (SENATOR DONAHUE) Further discussion? Senator Rea.
Thank you, Madan President. A point of personal privileger please.
PRESIDING OFFICER: (SENATOR DONAHUE) State your point. 20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 21r 1994
We have some special guests -- and Senator O'Daniel and I ! 1 have, and representing our area, that's up in the gallery cn the Republican sider here in the back. They 're frcm the Waltonville High School. The FHA girls.and their chaperone, Theresa Feira. Let's welcone them to Springfield. I
PRESIDING OFFICER: (SENATOR DONAHUE) Would you please rise and be recognized by the Illinois Senate. Welcome. Further discussion? Further discussicn? Senator Maitland, to close.
Thank you very much, Madam President and Members of the Senate. I thinkr reallyr we need to make note again here of somethlng, and I -- if my calleagues on the other side cf the aisle want to object to the -- the reduction in the amount of increase in this budget, then that's flne. Let's do that, and that's -- we can disagree on that. But pleaser oh pleaser don't stand up and talk abcut the reduction that this budget brings about to programs over last year's budget. Many of you have spoken about the way we are cutting services to individuals. Do you know that elder abuse is over ten percent greater than a year ago? The rate lncrease is there. We are projecting a ten percent growth, and we cut it a miniscule amount that the Governor had suggested in hls budget. And wefll still debate this issue later on. This budget -- the cuts we are suggesting today ln the introduced level, represent less than -- slightly less than five tenths of one percent. Think about that. And this is the major portion of the FY195 budget, and this is not the final day. But this is our attempt to put into this budget some of the things that we feel, as a legislative Body, and the negotiations will continue. But please, oh please, don't continue to talk about taking away services to young people and menkally il1 in this 21 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 State. It just simply isn't fair. It's not a good assessment of what these amendments are a1l about.
PRESIDING OFFICER: (SENATOR DONAHUE) Question is: shall Amendment No. 1 <sic> -- Flcor Amendnent No. 1 Ksic> to Senate B.ill 1758 be adopted. A11 those in favor Will vote Aye. Opposed, Nay. The voting open. Have a11 voted Who Wish? Have a11 voted Who wksh? Have al1 voted who Wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 29 Ayes: 29 Nays, none voting Present. The amendment fails. Any further Flccr anendments?
No further amendments reportedr Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Maitland, on Senate Bill 1759. Do you wish to have that returned to 2nd Reading for the purpcses cf amendment? Senator Maitland seeks leave of the Body to return Senate Bill 1759 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of -- 2nd Reading is Senate Bill 1759. Mr. Secretaryr are there any Floor amendments approved for consideration?
Amendment No. 3, offered by Senator Maltland.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitlandy on Amendment No.
Thank ycu, Madam President. Flcor Amendnent No. 3 to Senate Bill 1759 represents a reduction of fifty-six million seven hundred thousand ln General Revenue, and would -- would move for its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Any dlscussion? Senator Cullerton.
22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legtslative Day April 21r 1994 Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hedll yield, Senator Cullerton.
Senator Maitland , .1 apologize; We had a caucus and we came out a little late. In the beginning of thls process of goin: through these amendments, did you indlcate collectively, as a result of all of these amendments, what the total reduction was from the Governor's amendnent? I apologize. Could you repeat that?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Thank you, Madam President. Senator Cullertony the -- the net total reductions is seventy-nine million, one hundred and ninety-five thousand dollars. The -- the net GR reduction is fifty-one million, eight hundred thcusand .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.
So, in other words, with some add-backs, it comes to a net reduction -- is that based -- is the -- the reason why there 's this reduction proposed because of a difference in opinion as to what the net revenue is going to be this year, or was -- d1d you give any explanation as to what the reason for the reduction was from the Governor's proposed budget?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Senator, I think we are -- we are -- this ls a very large budget a very large budget. We had a number of areas whereas some of our Members had some very strong feelings about -- about some new initiatives and the like, and recognizing that this 23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 budget is obviously very fragile, We don 't know what is going to happen in a number of areas that we would -- we Would seek find, throughout a11 the agency bills that We have here, where We might make reductions.
. (SENATOR DONAHUE) Further discussion? Senator Syverson.
Thank you. Senator Maitland, I just have a question regarding the reduction in the proposed lncrease. said that right, it's not a cut. The reduction the proposed increase regarding the -- for the dental for the dental portion of the bill. It's my understandlng that there 's never been an increase in the Public payment for dentistsy and it's difficult right now to find dentists who are willing to dc Public Aid Work for that type of llmlts. Is it absolutely necessary that we make this reduction in that increase, and we hold off for the three quarters of a month, or is that something that we can look at either now or in the future to add back in?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Senator, first of all, yes, this is going to continue to be looked at throughout the processy but keep in mind the dentists do get an increase this year. And we simply attempted to bring everybody back to a parity with with what other providers were at .8 percent.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Maitland, to close. Oh. Senator Collins, I'm sorry; didn 't see your light.
Senator Maitland, on the Transitional Assistance Program, understand in that that you're reducing it. Is that reduction 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 based on the Governor's -- an increase of the Governor's? And you're reducing that, or are you talking about reducing it from last year's level funded?
PRESIDING OFFICER: (SENATOR DONAHUE) senator Maitland. SENATOR MAITLAND: : Senator, it -- the number we have there noW reflects what we think FY'94 <sic> spending will be, plus five percent.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.
Senator, is -- ls that based on the Department of Public Aid 's projection of the anticipated cllent caseload next yearr or -- or how did you arrive at this cut? Because many of the advocacy groups -- and the reality of this is there are -- the transltional program that's left now, geared only to those persons who are either waiting for -- to go on SSI, or those persons who are adjudged unemployable under the new Earnfare Program. And those people Who are on some kind of maintenance medication, so that -- are you saying -- and addicts, and et cetera -- are you saying that these people -- that there is a reduction in that caseload out there? Because I thlnk you're wrong. And I'm sure the advocacy groups have so many people out there ncw that they can't really get processed into some kind of program, and they are out there nowr looking for people - the street peopte, the homeless people, the addicEs - who are walklng the streets, and there have been a tremendous increase in the number of street peopler and also teenagers who are eligible for transitional assistancer because they are deemed unemployable, because they have some kind i of -- either they are an addict or hcoked on -- mentally i11 -- : been discharged from nental i11 hospitals and are totally incapable of living alone and taking care of themselves. So I 25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 198th Legislatlve Day April 2l, 1994 don't understand how anyone could come up with these figures. And that's why I wanted to know: is this something from the Departnent, or is this something arbitrarily that you all decided to do ln order to find some money for other kinds of thlngs?
PRESIDING.OFPICER: (SENATOR DONAHUE) Senator Maitland.
You want me to close? '
PRESIDING OFFICER: (SENATOR DONAHUE) I think that was a questlon, Senator. I
Okay. Well, Senator, I am reliably lnformed that -- that the agency believes this line may well be flat for next yearr and we, in fact, are putting five percent in there. This is another way - - I don't belleve you Were on the Floor when I mentioned this when we started, but I said there were a number of times when communication back and forth with agencies, there is -- not a misunderstanding, but a -- not a ccmplete realization of what the numbers might be. We believe in this case, we are abcve what the agency thinks they mlght have for FY995, and we think that five percent growth is appropriate.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.
But Senator, it's my understanding the Governor had already cut -- and even that -- I don't think Ehat was based on any real definitive data to do that: because the reality - you have to get some input from those service agencies out there that Will give i you a better and more definitive data as to that population out there. That population is not decreasing. So how, in God's name, can you come up with a reduction? And that's what's botherkng mey Senator. But you know, and I know, and r agree with you - it's 26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 very hard to get adequate information around herer but that side of the alsle killed the bill that would have given this Body -- a bill that I sponsored this year, that Would have given this Body more definitive data by which to make a determination about the -- the actual needs of -- of these agencies when ve get ready to sit down and do budgeting. And khls is a good exanple right here, and these people will have to come in for a supplemental. know you know and they know Or welre just not going to serve the people out there who are entitled to these services.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discusskon? Senator Maitlandr to close. Questlon isy -- all those -- shall -- the question shall Floor Amendment No. 3 to Senate Bill 1759 be adopted. A11 those favor, say Aye. Opposedy Nay. The Ayes have A roll call has been requested. A11 those in favor will vote Aye. Opposed, Nay, and the voting is open. Have a11 voted Who wished? Have all voted Who wish? Have a11 voted who wish? Take the record. On that questlon, there are Ayesr 25 Naysr none voting Present. Senate Amendment No. 3 to Senate Bill 1759 is adopted . Are there any further Floor amendments for consideration?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . Senator Maitland, on Senate Bill 1760. Excuse me, Senator Maitland. Senator HaWkinsonz fcr what purpose do rlse?
Point -- point of personal privilege, Madam Chairman.
PRESIDING OFFICER: (SENATOR DONAHUE) State your point.
I was called off the Floor to talk to a constituent durlng the 27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 debate on Floor Amendment 9o. l to Senate Bill 1754: voted my switch Aye, but I Would have intended to vote Nc cn that Amendment.
PRESIDING OFFICER: (SENATOR DONAHUE) . Senator Maitland , on Senate Bi11 1760. Do you Wish this bill returned to 2nd Reading? Senator Maitland seeks leave of the Body to return Senate Bill 1760 to the Order of 2nd Reading for the purposes of an anendment. Hearing none -- no objection, leave ls granted. On the Order of 2nd Reading is Senate Bill 1760. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senators Ralph Dunn and Maitland.
PRESIDINC OFFICER: (SENATOR DONAHUE) Senator Maitland.
Thank you very much, Mr. -- Madam President, Menbers of the Senate. Fkoor Amendment No. l represents an increase of 1.9 million dollars in General Revenue. Of particular note here ls the addition of -- of 4.9 million dollars that Will allow us to hlre about four hundred and sixteen new prison guards by the end of FY '95. And there was interest cn both sides of the alsle, I think, on this, and I would move for its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discusslon? Seeing none, a11 Ehose in favor, say Aye. Opposed, Nay. The Ayes have ik. Amendment No. 1 to Senate Bill 1760 is adcpted . Are there any further amendments -- Floor amendments for consideration?
No further anendments reparted.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Maitland, on Senate Bill 1761. Do you 28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21z 1994 wish to have this bill returned to 2nd Readin: for the purposes of an amendment? Senator Maitland seeks leave of the Body to return Senate Bill 1761 to the Order cf 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1761. Mr. Secretary, are there any Floor anendments approved for conslderation?
Amendment No. offered by Senator Maitland .
PRESIDING OFEICER: (SENATOR DONAHUE) Senator Maitlandy on Amendment No. 5.
Thank you very much, Madam President, Members of the Senate. Eloor Amendment No. to Senate Bill 1761 represents a flve-million-seven-hundred-thousand-dollar reduction ln General Revenue. I would move for its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Carroll.
Thank youy Madam President, Ladies and Gentlemen of the Senate. I rise in opposition to Amendment No. and 1et me state a couple very specific reasons. This, as we know, is Department of Children and Family Services. One of the things the bill does not do, nor the amendment, that we had attempted to do ln committee, is at least maintain some accountability in the Department to know when and where they are spending money, so that those who are interested in foster care or any other program, could be able to track where they wculd be spendlng the money. That is not in the bill, but Worse than that, What the amendment does is it reduces what's known as targeted case management. This is part of again, an agency -- a department that has been in the media each and every day, because of the inability of the Department's workers to go out and deal with areas of abuse and 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 neglect to kids. Every day we're reading abcut a caseworker was there, didn't do anything , two weeks later the police come and find eight malnourished klds who haven't had anything to eat in months. Every day welre reading about abuse cases Where the casewcrker sends the people back into these abused hcmes of -- With abused adults in -- abusing adults in there. So what does this amendment do? It says we don't have to Worry about targeted case management - exactly the contrary of what the federal court crder has said to us ln the BH decree. Additionally, it reduces the program expansion for intensive therapeutic services. This is something required for mental health counseling of troubled youth in foster care situations. The amendment takes out tWc million dollars from a required service that we Nculd morally want to do, if We didn't have to legally do, and that's to give some kind of counseling - therapeutic counseling - intensive therapeutic counseling to these troubled kids who have been lucky enough to flnd foster care. Then, of course, it also takes out almcst three million dollars from pregnane and parenting teens prograns, and the Chicago Housing Authority Shelter Program. Ellminates that entirely as a program to help troubled youth. lf there 's any place we have seen Nhere kids need to get some kind of shelter from the shooting that's going on, it's in a 1ot of these CHA projects. To eliminate that and to viclate the court order ln Hill versus Erickson, in the pregnant and parenting teen prograny is ludicrous. I would urge a strong rejection of Amendment No. 5.
PRESIDING OPFICER: (SENATOR DONAHUE) Senator del Valle. SENATOR dEL VALLE: Thank your Madam Chair. Pcint of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) State your point. SENATOR dEL VALLE: 30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 : I Would like the Illinois Senate to Welcome the Darwin School i to Springfield.
PRESIDING OFFICER: (SENATOR DONAHUE) Will you rise and be recognized by the Senate. Welcome to Springfield. Further discussion? Senator Collins.
Yes. Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yieldr Senator Collins.
Senator Maitland: thls CHA shelter project Was a neW initiative, it's my understanding - and correct me lf I'm wrong - that was proposed by the Governor. This Was a new initiative.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Yes.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Colltns.
Did he prcpose for this new initiative?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Senator Collins, I'm sorry. I didn't understand What your second question was.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.
How much money did the Governor initially propose for h1s neW initiative?
PRESIDING OFFICER: (SENATOR DONAHUE) 31 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Senator Maitland.
l.8 million dollars.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.
How much did you cut?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.
Senator: we cut
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.
To the bill: what did ycu do With Did you -- I have to agree with you. When I first heard that the Governor had lntended to put a transitional program for troubled youth, and those children had been neglected or abused or whatever reason they ended up into the system, to temporarily put them into a housing project, given the chaos there, I thought Was absolutely insanity. Now -- but the problems still exist. Why did yau take away the money? Why couldn't the money still be there sc that the Department of Children and Family Services could have expanded upon their resources to deal with these chlldren? You and I know that they cannot deal with their caseloads. These children are sleeping ln hallways. We dve seen and heard the reports. There some of the caseworkers are having to take these children even home with them . Or they're sleeping in hallways, or theylre sleeping in DCFS caseworker 's offlce. And believe it or notr some of these other placements where these children are are absolutely uninhabitable for any human being. So the reality here is you know that there is a need for Ehis money, and simply because this ; STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 1994 CHA project didn't fly, and it should not haver why did you take the money out? nean, you can't say that there's not a need, and a critical need in this Stater for more temporary shelters for these poor defenseless children. These ehildren have not committed a crime. They didn't commit the crime. Beeause they were abused, they are noW bein: misused by the State. think that is totally irresponsible and insensitive to cut out this line item . PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Raica. Senator Hendon. SENATOR HENDON: Thank you very much, Madam President. While I agree With Senator Maitland on the CHA shelter, and I Wish there Was a Way that I could vote for that separately, there is none. So agree with the eliminaticn of -- of that money for the shelterr but T agree with Senator Collins that the money should still have been there to place the children somewhere else, but not ln public housingy.because that's adding a problem to a problem . My problem with the bill is that the bill not only eliminates and cuts and -- fails to expand as much as we need therapeutic counseling and services for -- for young people with problems, and -- and it's -- it's in violation of the consent decree when it comes to pregnant teens, but also there was an amendment tried -- attempted to be placed on this bill by Senator Carroll and myself that would put some money into a program for homeless youth. That amendment was defeated. So nct cnly did we defeat an opportunity to help some young people - and if you were in that committee and heard that eestlmcny, kf you had any klnd of human -- human being parts of your soul, it would have bcthered you. It brought me to the point of tears to hear those young people come here and tell about their problems of being -- sleeping out in the street; here in 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Springfield, sleeplng behind restaurants, in alleyways; talkin: about rape and -- and -- and assaultr sexual assault and a1l the things that they have to face while theydre out there homeless. Not only did this committee defeat that amendment, but went on to say that even if they end up with a mental problem because of the fact that we've left them out there homeless, they dre not going to get any type of help in counseling. And for that reason, I urge a No vcte.
PRESIDING OFEICER: (SENATOR DONAHUE) Senator Maitland, to close.
Thank your Madam -- Madam Presidenty Members of the Senate. Madam -- thank you, Madam Prestdent, Members of the Senate. I -- I'm really troubled over the debate on -- on this amendment. This agency is growing rapidly, almost to the point of being out of control. And I don't mean that in a negative way. mean we need to -- we need to spend the money to provide the services to young boys and girls who are -- are troubled and are wards of the Statez and that is our responsibility: that is our obligation. But if you've taken the time -- if youdve taken the time to lock at the numbers in this budget as suggested by the amendment: the agency still has a one-hundred-sixty-one-million-dollar increase over FY'94. Did you hear that? One-hundred-sixty-one-million-dollar increase over FY'94. An eighteen-percent increase in in General Revenue. That doesn't suggest to me that we're not doing anything. doesn't suggest to me that at allr because, in fact, we are. Senator Carroll, we are cutting the phase-in. Wedre nat cutting the hire; wefre cuttlng the phase-ln. Not movlng quite as rapidly as what we'd like to, but keep in mind : an eighteen-percent increase this budget with this amendment, and that's substantial. And Madam Presidenty I renew my motion. wculd move for the adopticn. 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland moves the adoption cf Floor Amendment No. 5 ! to Senate Bill 1761. A11 those in favor' say Aye. Opposed' Nay . A roll call has been requested. The question is, shall Senate -- or shall Floor Amendment No. 5 to Senate Bi.1l 1761 be adcpted. All those -- will vote Aye. A1l those opposedy vote Nay. The voting is open. Have al1 voted who wish? Have a11 voted whc wish? Have a11 voted Who Wish? Take the record. On that question, there are 29 Ayes, 28 Nays, none voting Present. Senate Floor Amendment No. 5 to Senate Bill 1761 is adopted. 3rd Reading. Any -- a verification has been requested. Senator Hendon has requested a verification. Will a11 thcse Senators please be in their seats. Secretary will read the affirmative votes.
The following Members voted in the affirmative: Barkhausen: Butler: Cronin, DeAngelisz Dillard, Donahue, Dudycz, Ralph Dunn, Fawell, Fitzgerald, Geo-Karis, Hasara: Karplel, Klemm, Lauzen, Madigan: Mahar, Maitland, O'Malley, Peterson, Petka, Raica, Rauschenbergery Sleben: Syverson, Watson, Weaver, Woodyard and Mr. President.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon, do you question the presence of any Member voting ln the affirmatlve?
Senakor Syverson.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson is in his Chair.
Thank you, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) On a verified roll call, the Ayes are 29, the Nays are 28. ! 35 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY j REGULAR SESSION I SENATE TRANSCRIPT ! i 108th Legislatlve Day April 2l, 1994 Having -- Senate Floor Amendment No. 5 to Senate Bi11 1761, having received the required vote, is adopted. Any further Floor amendnents? SECRETARY HARRY: l XO further amendments reported, Madam President. i PRESIDING OPFICER: (SENATOR DONAHUE) i 3rd Reading. Senator Weaver, do you seek leave of the Body to return Senate Bill 1763 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objectionr leave is granted. ! I On the Order of 2nd Reading is Senate Bill 1763. Mr. Secretaryy are there any Floor amendments approved for consideration? SECRETARY HARRY: I Amendment No . 1, offered by Senator Maltland. E
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland, cn Amendment No. 1.
Thank you, Madan President. Floor Amendment No. 1 to Senate Bill 1763 represents a two-hundred-seventy-one-thousand-dollar reduction in General Revenue. T would move for its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Seeing none, Senate Amendment -- Floor Amendment No. 1 to Senate Bill 1763. A11 thcse in favor will say Aye. Opposed, Nay. The Ayes have it. Amendment is adopted. Are there any further Floor amendments for consideration?
No further amendments reported.
PRESTDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Wcodyard, do you seek leave of the Body to have Senate Bill 1765 returned for the purposes of an amendment? Senator Woodyard seeks leave of the Body to return Senate Bill 1765 to the Order of 2nd Reading for the purposes of 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 an amendment. Hearing no objection, leave is granted. On the Order of Senate Bill -- on the Order of 2nd Reading is Senate Bill 1765. Mr. Seeretary, are there any Floor amendments approved for ' consideration?
Amendment No. 1, offered by Senator Maitland.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland, on Amendment -- Ploor Amendment No. 1.
Thank you, Madam President. Floor Amendment No. l to Senate Bill 1765 represents a thirty-three-thousand-slx-hundred-dollar reduction in General Revenue. I would move lts adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dtscussion? Any diseussion? Seeing none, Floor Amendment No. 1 to Senate Bill 1765. Al1 those in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment is adopted . Any further Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 2nd or -- 3rd Reading. Senate Bill 1764. Is leave granted for Senator Maitland to take care of that bill? Leave is granted. Senator Maitland, on Senate Bill 1764. Do you Wish this bill returned to the Order of 2nd Reading for the purposes of an amendment? Hearlng no objection, leave is granted. On the Order of 2nd Reading ls Senate Bill 1764. Mr. Secretary, are there any Floor amendments approved for conslderation?
Amendnent No. 1, offered by Senator Donahue .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland, on Amendment No. 1.
i 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION 1 1 . SENATE TRANSCRIPT i 108kh Leglslative Day April 2l, 1994 Thank youy Madam President, Members of the Senate . Floor Amendment No. 1 to Senate Bill 1764 represents an addition of flve hundred twenty-flve thousand dollars in General Revenue. I would move for its adoption. PRESIDING OFFICER: (SENATOR DONAHUE) ' Any discussion? Any discussion? Seeing ncne, Senator ! I Maitland has moved the adoption of Senate Floor Amendment No. l to Senate Bill 1763 <sic> (1764). A1l those in favor: say Aye. i I Opposed, Nay. The Ayes have it. The amendment is adopted. Any further Eloor amendments for consideration? SECRETARY HARRY: ! No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Weaver, you seek leave to bring Senate Bill 1768 for purposes of an amendment? Hearing no objection: leave is granted . On the Order of 2nd Reading is Senate Bill 1768. Mr. Secretary, any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Maitland.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland, on Amendment No. 2.
Thank you, Madam President, Members of the Senate. Floor Amendment No. 2 to Senate Bill 1768 represents a one-hundred-forty-six-thcusand-dollar increase ln -- in oEher funds. It is an amendment that was suggested by the University. I would move for its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Seeing none, Senator Maitland moves the approval of Amendment No. 2 to Senate Bkll 1768. All those in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment is 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 adopted. Any further Floor amendments for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Dunn, do you seek leave of the Body to return Senate Bill 1770 to the Order of 2nd Reading for the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1770. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2 offered by Senators Ralph Dunn and Maitland.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland , on Amendment No. 2.
Thank you very much, Madam President, Members of the Senate. Floor Amendment Nc . 2 to Senate Bill 1770 represents a forty-four-thousand-dcllar decrease in General Revenue and a three-hundred-twenty-seven-thousand addition in other funds. would move for its adcptlon.
PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Seeing none, the motion is or, Senator Maitland moves the adoption of Floor Amendment No. 2 to Senate Bill 1770. Those in favor, say Aye. Opposedr Nay . The Ayes have Amendment is adopted. Are there any further amendments for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) Readlng. Senator Maitland, on Senate Bill 1771, seeks leave of the Body to return that bill to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. On the Order of Senate Bills on 2nd Reading is Senate STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day APr11 2lr 1994 Bill 1771. Mr. Secretaryr are there any Floor amendments apprcved for conslderation? i
Amendment No. 1, offered by Senator Maitlanè. PRESIDING OFFICER: (SENATOR DONAHUE) ' ( Senator Maitlandy on Amendment No. 1. I l I
Thank you very muchr Madam President, Members of the Senate. Floor Amendment No . l to Senate Bill 1771 represents a reduction of eighteen thousand nine hundred dollars in General Revenue. I would move for its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland -- orr is there any discussion? Seeing ncne, Senator Maitland moves the adoptlon of Floor Amendment No. 1 to Senate Bill 1770 <sic> (1771). Those in favor, say Aye. Opposed, Nay. The Ayes have it. Amendment is adopted. Are there any further Floor amendments?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Maitland, on Senate Bill 1772. Do you wish that bill recalled to 2nd -- cr, to 2nd Reading for the' purposes of an amendment? Hearing no objectionr leave ls granted. On the Order of 2nd Reading is Senate Bill 1772. Mr. Secretary, are there any Floor amendments approved for consideratton?
: Amendment No. 2 offered by Senator MaiEland.
PRESIDING OFFICER: (SENATOR DONAHUE) : ' Senator Maitland: on Amendment No. 2.
Thank you very much , Madam President , Members of the Senate'. Floor M endment No . 2 to Senate Bill 1772 represents a reduction ' 40 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 of three hundred forty-six thousand dollars in General Revenue. And an addltion -- an addition of 1.8 million dollars ln other funds. I would move for its adoption. !
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland moves the adoption of Floor . Amendment No. 2 l to Senate Bill 1772. Al1 those in favorr say Aye. Opposed, Nay. The Ayes have kt. Amendment is adopted. Are there any further amendments for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Weavery do you uish leave of the Body -- cr, Senator Weaver seeks leave of the Body to return Senate Bill 1774 to 2nd Reading for the purposes Lf an amendment. Hearing no objectiony leave is granted. 0n the Order of 2nd Reading is Senate Bill 1774. Amendnent No. -- or, are there any Floor amendments approved for consideratlon?
Amendment No . 2 offered by Senator Maitland .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitlandr on Amendment No. 2.
Thank you very mucb, Madam President, Members of the Senate. I Floor Amendment No. 2 to Senate Bill 1774 is no dollar change - just a reallocation of funds. I would move for its adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion on this? Senator Carroll. SENATOR CARROLL: ' Thank you, Madam President, Members of the Senate. I rise in opposition to this amendment. While Senator Maitland is correct .- there is no dollar change, it does, however, add three projects not on the Governor's 11st: The Danville Armory, Western Illinols ' 41 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 University and the College of Dupage. And where does the money come from? Ik comes from the Americans For Disability Act compliance stateWide. So any of us who have areas withln our districts that needed funds for compliance With the Americans For Disabllities Act will, by this amendment, be givinq that.money to Danville, Western Illinois Universlty and the College of Dupage. I don't think that's what we should be aboutz and I would be in opposition to Amendment No.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any diseussion? Seeing none, the -- Senator Maitland moves the adoption of Ploor Amendment No. 2 to Senate Bill 1774. Those in favor, say Aye. A11 opposed, Nay. The Ayes have it. Amendment No. 2 is adopted . Any further Floor amendments for adoptlon?
No further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading . END OF TAPE TAPE 2
PRESIDING OPFICER: (SENATOR DONAHUE) Leave of the Body to have Senator Maitland take care of Senate Bill 17757 Leave is granted. Senator Maitland, on Senate Bill 1775. Do you wish that bill returned to 2nd Reading for the purposes of an amendment? Hearing no objectiony leave is granted. On the Order of 2nd Reading is Senate Bill 1775. Mr. Secretary, are there any Floor amendments approved for consideration? 42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
1 Amendment :o. 4, offered by Senator Donahue.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland, on Amendment No . 4. SENATOR MAITLAND: ' Thank you very much, Madam President: Members of the Senate. Floor Amendment No. 4 to Senate Bill 1775 represents a reductlon of -- of 5.4 million dollars in General Revenue money, and a decrease of nine hundred and sixty thousand in other funds. I would move for 1ts adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senatcr Carroll.
Thank you, Madam Presldent and Ladies and Gentlemen of the Senate. This anendment is another one I think of those very, very bad ones. And a little bit surprised that it comes from that side of the aksle, because it cuts the ITP training grants - the grants that we offer to industries to stay ln Illinois, or expand in Illinoisy or move to Illinois - by five million dollars, or two-thirds of that which the Governor felt was necessary to increase that fund for this fiscal year. It also cuts one of the things we hear from the Governor to be the most important product that Illinois has, and that's tourism promotion - cutting that by almost one milllon dollars statewide. So those cf you who wish to have tourism promotlon in your area won't be able to, 'cause this takes out that money. And what are we doing for industry in Illinois? Wefre Erying to give them funds for job training. A1l of these are cuts, except for one thing. In al1 of these cuts there was one addltion. Somebcdy wanted seventy-five thousand dollars to preserve the Gettysburg Address. That's not as important to me, I'm sorry, as creating jobs. And I would urqe a roll call defeat of this amendment. 43 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION 1 SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Severns.
Thank youy Madam President, Members of the Senate. I also rise to object to this amendment. I thînk at a time when jcb training and retraining are considered so vital to the progress of our economy and the economles of other states, it does not make any sense to be making a cut in the Industrial Training Program . Especially when we consider to be such a vital part of progress. Especlally when We realize that Illinoisr the fourth wealthiest state in the natlon, ranks forty-sixth in capturing job training doklars from the federal government. Perhaps now We'1l rank even lower. I would urge a No vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senator Hendon.
Thank you, Madam President. want to echo the comments of my colleagues, and I certainly want to appeal to the business men and women in this Body, in this area of cutting job training and -- and -- and retention in this State. We just had an incident with Kerr Manufacturing leaving the State: and then being told by the federal courts to come back to the State. We're going to have to find some type of financlal lncentives to keep buslnesses in Illinois. And I'm certain that the Manufacturers Association and others who are interested in bringlng business to Illinois and keeping business to Illinois would be opposed Eo khis. And al1 -- a11 of the business people business owners and fiscal conservatives in this Body should most certainly be disturbed by this cut in this area. And I urge a No vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussion? Further discussion? Senator Maitland, to close. 44 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislakive Day April 21, 1994
Thank you, Madam President. Just -- just to comment cn *he -- I on the ITP expansionr or in your words, the reduction. Keep in mlnd, this is not a reductlon over FY'94, but rather a twenty -- ! where we are now represents a twenty-three percent increase in I those grants over PY'94. Pretty substantial growth, it would seem I to me. And I would renew my motion, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland moves the adoption of Floor Amendment No. 4 to Senate Bill 1775. A roll call has been requested. A1l those in favor will vote Aye. Opposed, No. The vottng ls open. Have a1l voted whc Wish? Have a11 voted who wish? Have a1l vcted Who wish? Have all voted Who wish? Take the record. On that questionr there are 32 Ayes, 26 Nays, none voting Present. On that question, there are -- the amendment is adopted. Are there any further Floor amendments for consideration?
Ro further amendments reported.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Senator Lauzen, for whak purpose do you rise?
Madam Presldent, a point of personal prlvilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
Visiting with us today is Mr. Vitaly Luizov of St. Petersburg, Russia, formerly Stalingrad, accompanied by Mr. Bob Bonifas of Aurora, Tllinois. Mr. Luizov opened a security and alarm syseem business in the wake of the collapse of the communist regime, and 1 the increase of crime in Russia. And he came to Aurora for a ! ' I one-month management training program in the burglar alarm and securities industry. He'swith us today toobserve thedemocratic f 45 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 process in action. Please help me welcome Mr. Vitaly Luizov of and Bob Bonifas.
PRESIDING OFFICER: (SENATOR DONAHUE) Slr, welcome. Theyfre right down here on the Floor. Thank i you very much. Senator DeAngelisr for what purpose do you rise? SENATOR DeANGELIS: Point of personal privllege, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point. SENATOR DeANGELIS: It is the intent of this Body not to be in Session tcmorrow, although the debate so far could change that. But in the event that we witl not be here, I would like to mention that one of our very esteened colleagues is celebrating her birthday tomorrow . Senator Donahue. How o1d is she? Not old enough. And I believe there's cake in your office? So please enjoyy and Senator Donahue we wish you a veryr very happy birthday.
PRESIDING OFFICER: (SENATOR DONAHUE) Thank you. Committee Report.
Senator Weaverr Chalr of the Comnittee on Rules, reports that the following Legislative Measure has been assigned -- be appreved ! for consideration: Senate Amendment 1 to Senate Bill 1685. '
PRESIDING OFFICER: (SENATOR DONAHUE) In the next few moments we're going to have a small programy if you will. And I'd like the -- everyone to be in your seats if -- the doormen please secure the doors. Staff, take your conferences off the Floor, and Members, be in your seats. Senator Berman, for what purpose do your rise? i I
Thank you -- thank you, Madam President. On a point of personal privilege. This morning we conducted our annual 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAHSCRIPT 108th Leglslative Day April 21, 1994 Holocaust Remembrance Commemorationr and We wish to acknowledge the presence at the ceremonies of Senators Carroll, DeAngelis, Cullerton, Tom Dunn and Senator Hawkinson. We appreciate their ! participation in the programr and we recognize thak, with our schedule, that not everyone was able .to be present. Bu* T d1d want ta take a few moments of ouE time to talk about two things. One was a very, very positive statement made by Governor Edgar in a press conference held right before the Holccaust Remembrance, and that -- let me read from the Governor's press release. Governor Jin Edgar taday announced a model Holocaust education program that will use the movie ''Schindler's List'' in Illinois sehools to promote greater understanding of tolerance and sccial injustice. With the cooperation of academy award-winning director Steven Spielberg, a11 Iltinois high schools wilk be provkded With currlculum materials, a copy of the nonfiction bookr and access - either through free theatre showings or videotapes - of Spielberg's movie. No public funds are being used to provide these materials, nor are any schools requtred to use them once they receive them next fall in every high school in Illinois, if they respond to the invitation to receive this material. I know that al1 of us take great pride in the fact that Illincis was the first state to require that the Holocaust be included in ouE hkgh sehool curriculum throughout the State of Illinois. There are two other states that have since joined Illlnols, and I'm very proud of the fact that the Governor - through the cooperation of Zniversal Studios and Steven Spielberg - were able to obtain this additional material for dlstribution through our high schools. Today at the O1d State Capitol, you know, it is -- it is a small world - there was a lady who was called on for her comments. She told about how , at the age of thirteen, she was put on a train and taken to Auschwitz, and what she lived through for over four years in Auschwitz. Afterwards I came up to her and I complimented her 47 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2ly 1994 for her courage and for her wonderful presentation. And she said to me, ''Senator Berman, you don't know me''# she says, Hbut I've known you for a long time. I went to -- for many years I went to ' the same beauty shop your mother went toi'. She says, ''You know, you look like your mother''. This woman talked about howr for many years, she told how after the War she was liberated from Auschwitz and then she came over to United States, and how -- her name is Fritzie Fritzshall -- how for many years, she would not talk at al1 about her experiences in Auschwitz. And then she realized that if she did not share her remembrances with her children and with her grandchildren, then it would just disappear, and the lesson tbat she had to live with would go untaught. And let me just read to you from a small -- short excerpt of responsive reading that we al1 participated in this morning. ''Let us heed the warning of the Holocaust -- that the impossible can become possible, if we do not act in time. Our world ks not the same since Auschwitz; the values we teach and llve by must be weighed and pondered in the light of our experience of mankind's capacity for evil. Let us go forth from here With renewed deternination to combat -- violencer racism and hatred, to shun apathy and indifference, to work actively to bring harmony and healing to the world. May our ceremony of remembrance brlng us renewed courage and hope. May it strengthen us in our commitment to the life and well-being of all people.'' Thank you, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) ... tnicrophone cutoffl...you, Senator Berman. Senator Cullerton. SENATOR CULLERTON: - Madam Presidenty thank you. I have a point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point. ! 48 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
I'm very happy to have a special group here from my district, I the St. Clement's School -- the sixth grade class from St. Clement's Schocl. And included in that class ls a young man named John Cullerton 111, and the chaperones include Pam. Cullerton, my wife. So I would like to ask them to rise. They fre in the gallery behind me.
PRESIDING OFFICER: (SENATOR DONAHUE) Please rise and be welcomed. Thank you. Thank you, Senator Berman on your words. We certainly appreciate itr and they hopefully Wi1l be heeded. Now We Will go to the regular business of the Senate. Resolutions.
Senate Resolution 1300: offered by Senator Smith. Senate Resolution 1301 is by Senator Topinka and a1l Members. Senate Resolutlon 1302, offered by Senator Topinka. Senate Resolution 1303, by Senator Topinka and a11 Members. Senate Resolutions 1304, 1305, 1306, al1 by Senator Topinka. And Senate Resolution 1307 is offered by Senator Molaro. They're al1 ccngratulatory or death resolutionsz Madam President.
PRESIDING OFFICER: (SENACOR DONAHUE) Consent Calendar. Page 4 of your Calendar. On page 4 of your Calendar, on the Order of 3rd Reading is Senate Bill 1685. Senator Philipy do you wish this bill returned to the Order of 2nd Reading for the purposes of amendment? Senator Philip seeks leave of the Body to return Senate Bill 1685 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 1685. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Philip. 49 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip, on Amendment No.
Thank you, Mr. Presidentr Ladies and Gentlemen of *he Senate. Amendment No. simply and clearly stated, is the Mayor's proposal on riverboat gambling. And as you know, it's been explained pretty thoroughly in the media, the Sun-Tines, Chicago Tribune . And this is a clean version. The linkage of nothing. It just is what the what the Mayor and, allegedly, the Governor have aqreed upon in regards to rlverboats for Cock County. Now I my opinion ls that it probably will not pass. If they had the votes in the Illlnois Housey they Would have passed it over here. In my judgment it will not pass, because it has no linkage with anything else for the State cf Illlnois. have suggested that riverboats are a short fix -- a quick fix. About twelve hundred employees a boat. It certainly raises some money, but once there, it's gone. That's it. What am suggesting somethin: that will help Illinois in the long run, help in thisy encourage business, make business competitive - is dcing something -- some fine tuning on workmen 's comp, tort reform and Structural Work Act. If We can come to some reasonable comprcmise, think there are some vokes on this side of the aisle for riverboats. As you know, didn 'k vcte fcr bingo, didn't vote for the lottery, and I have not voted for rtverboats. Unfortunately, welre the business of ganbling already. Not much I can do about And if we 1et a hundred and one counties downstate gamble, why can'E we 1et the largest county gamble? Cook County. And if you 'll remember, the Mayor was the State's attorney Sawyer was the Mayor - and they Were included in the first bill. Al1 a hundred and two counties. At the request of the chlef 1aw enforcement officer for Cook County, and the Mayorr they suggested that the City of Chicago and Cook County did not want gambling in the City. 50 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 And of ccurse, the -- Cook County was removed. Sc we ended up 1 with a hundred and one counties, excludlng Cock County. Ncw the I l Mayor certainly has the right to change his mind, and he has i I changed hls mind. I dcn't know how anybody, in gocd consclencer could say a hundred and one counties downstate can have gamblingy but Cook can't. So I think it's a reascnable requestr but I am suggestin: it's a short fix. I am suggesting, if you want to help Illinois in the long-termr lf you want to see companies come to Illinois, expand Tllinois, do something about workmen's comp, tort reform and the Structural Work Act, that will have a long and far-reaching effect on the business community. Now we have been working long and hard with some of the special interest groups. Our package is not done at this pcint. It's very close to being done, and I would hope in the next ten days that we Would cone up and say this is Ar B: C, D, Ez F; this is what We're suggesting. So what I am suggesting today is that we take a vote on it. Let's see what happens. I've got my instincts on what I think's going to happenr but let's give it a nice burial: and then let's start fresh and lock at those business ideas - those business suggestions, and then put together a reasonable compromise, came back here and pass it, and 1et Chicago and Cook County have what they so rightly deserve. So 1111 be happy to answer any questions. I would hope that we would find some -- a few votes out there anyway for the wonderful idea of riverboats.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discussions? Senator Jones.
Thank you, Madam President. I had planned to discuss thls issue at length on the Floar with --- as related to debate, but since it's merely just an amendment, and I think Senator Philip want to play his little political game here. So 1 would acquiesce and 1et him put it on by voice vote, but We'1l debate I 51 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 the merits on 3rd Reading. If he was genuinely sincere -- if he were genuinely sincere about a ninety-nine -- or, ninety-page J amendment as related to extending gambling to Cook County, then he i would have had this amendment in committee. He would have afforded Members the opportunity tc offer amendmentsr but this sneaky plan that he wanted to put forth to try to embarrass the Members on his side of the aisle, and to shcw that this -- this so-called pristine bill is acceptable to all. So this is just a little political ploy to show that the Governor, Who indicated that he wanted Chicago to have what the rest of the State has, and in his own words he indlcated that it's not going to pass. which indicated that he doesn't intend to have his Members vote for it, because I don't intend to vote for it.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.
Well, you know, believe it or noty it's an election year. Does that really surprise you? And I have said, and I Will say it again: this is a short fix. We a11 know that. We Want to do something for the business communlty on the long haul. Workmen's comp, tort reform, Structural Work Act. We want to be competitive with Iowa; with Missouri; wlth Indiana. We are not. The last time I ran, I stopped at a -- at a coffee van, and there were about fifteen or twenty workers around there working on the tollway. I bought them a cup of coffee and a doughnut and a roll in my district, and said I'd like to have my picture taken so I could use it in my brochure. But whak do you -- what do you think? Twelve out of the fifteen people working there were from Indiana, and they commuted to Gary and Hammond every day. You know why? Because that contractor was able to underbid the Illinois contractors and get the job. And so here we have our neighboring state with a tollway project that goes to Indiana 52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 contractors, and generally speakingz to Indiana workers. Why? Workmen's comp, Structural Work Act and tort. So let -- let's do something for Illinois for the long haul. Let's kill this, put it to rest Where it ought to go. They can't pass it in the House. I . don't think you can pass it. And get back to the negotiation I tables and work something out that's reasonable for both parties. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jacobs. SENATOR JACOBS: Thank you, Madam Presidentr Ladies and Gentlemen of the Senate. Senator Philip, I would concur. We have an eighty-nine-paqe amendment here - the first that we have seen of it. You have indlcated that it is similar, or if not the same: as the bill that's in the House. My recollection of the blll that has been entered in the House is -- is in the area of forty-some pages long. There appears to be some additional informationz some addltlonal activity in this piece of legislatlon that I did not see ln the original bill on the other side of the aisle. I aîree that riverboats -- any form of ganbling ls a quick fix, but I also agree that this is sonething to act upon today without a fair hearing, in light of the fact that yesterday - just yesterday - the majorlty of that side of the aisle, and some on this side, voted for a referendum in November. It seems a ltttle contradict to me to vote on one hand to say that you want the people to make the decision, but today we have a little more courage, and today We're going to make that decision. I thlnk thak clearly flies in the face of the -- the genuineness of Ehis amendment. And I think ' that it is an issue, and I concur With you wholeheartedly that it's a very serious issue that should be considered for the City of Chicago, and others. My only concern I think that T have on the issue, even though you now have said you put this on the level pure and simple, while at the same time you keep talking about the 53 STATE 0F ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day Aprll 2l, 1994 business end of it. So I don't understand the argument of the business provisions and the bill whenever ycu put this as a stand-alone anendment. And with that, I just Wanted to make those comnents.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Phillp .
Thank youy Madam President, Ladies and Gentlemen of the Senate. I want to refresh you memory. Remember the Chicago school reform? Well, you got that right. That thing came out, two hundred and eighty-some pages plopped on our desks and asked us to vote ror it. Two hundred and eighty-some pages. I didn't hear any moaning or groanin: from the other side of the aisle When you popped that one cn us. In fact, it was changed from my original conversation with the President of the Senate. And we never knew it. We never saw it. We never got an explanation. This is exaetly what the Mayor has filed in the Illinois House. Exactly - Word by word . Now put up or shut up . You know, this thing is going to pass? Well, let's see if it's going to pass. It's his plan. I know he 's lobbied everybody on the other side of khe aisle. He 's a11 -- talked to you guys. T know that. He eertainly lobbied the hell out of this side of the aisle. So let's give it a run.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Demuzio.
Well, thank you very much, Madam President and Ladies and Gentlemen of the Senate. He hasn 't talked to me, Pate. Let me just say that a few minutes ago we were notified that there was to be a Rules Committee meeting, and we Went in there and it was three -- three to one to allcw this amendment to come directly to the Floor for consideration. I don't know why We don 't go to 54 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 committee. Senator Philip, you had indicated in your speech here, when you became Senate President, that we were going to have openness and fairness, and there was going to be a number of reforms that you were going tc bring to the Illinois Senate. And today you plopped down this ninety page -- eighty-nine/ninety page amendment on our desks: and you asked us to vote, either the affirnative or in the negative, for this proposal. Nowy I know there's a game being played here today. There's plenty of time for us before the end of the leglslative Session. I don 't suspect that this amendment is going to go on, and you know it. It's sort of the this sort of reminds me of the House version of the assault Weapon at the moment. You know this thing lsn't going tc pass. We ought to go to committee with this. We ought ta knaw fully what's in this proposal, and maybe there are a number of people Who believe that there ought to be fairness and equality toward bringing riverboats and having them afforded to all the areas cf the State. But today 's not the day to do that, and so I don't suspect that this amendment is going to get tco many votes today.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? I will call on Senator Jacobsr 'cause I cut h1m a little bit short. Senator Jacobs.
Thank you, Madam President. just appears to me thatz Senator, whenever you first were talking about riverboat gambling, you had some proposals that you would like to see in this bill for the business purposes that you indicate. There were also some things, if this were to pass the Houser even in 1ts pristine form , that I think there are a number of us also Would like to see in this bill. So to assume that this is -- because pure and simple what the Mayor and the Governor may have agreed upon, it doesn't at any -- in any wayr shape or form indicate what this STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Body may be willing to negotiate into this particular proposal. In facty I think the activity today hurts the overall chances of both projeets; of What the Mayor and the Governor may be looking for. Also what you may be looklng for, Senator Philip. And also may damage what 1, as a downstater and as the original person to intrcduce riverboat gambling in the first place: some things that think need to be in this bill. So for this to be an up or down, at this point, I would agree with Senator Denuzio and Senator Jones. have -- I see very few votes on this side of the aisle. And if we want to make a big attention-getter that - and itfll be written up the press - goes down 57 to 0 or whateverr that's your prerogative, and respect that prerogative. And that probably ls going to happen. So thank you very much.
PRESIDING OFFICER: (SENATOR DONAHUE) Furtber discussion? Senator Geo-Karis. Excuse me, Senatory before you begin. WCIA-TV Campaign-channel 3 seeks leave of the Body to film the proceedings. Leave granted? Leave is granted. Senator Geo-Karis.
Will the sponsor yield far a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indtcates he'll yiekd, Senator.
Does this only address Chicago's need for the riverboats?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Phillp.
Yes. It's the exact plan the Mayor has been talking about for ninety days. It's the plan and the bill that he filed in the Illinois House.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karis. 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2ly 1994
Well, Madam President, Ladies and Gentlemen of the Senate, to respond to Senator Jacobs: I was one of the four Republicans who voted for the Riverboat Act, because it was supposed to help the distressed areas. I got two very distressed areas in my district. Those haven't been addressed in this bill, and I am not against Chicago havtng riverboats, but I'm also (n favor of tort reform: and I'm a trlal lawyer myself, but I'm not a hungry trial lawyer. And there is a difference. And I -- wouldn't mind voting for riverboats for Chicagoy and I might tell Senator Jacobs, yesterday I voted against the statewide advisory referendum, because I believe in people having the right to vote in their particular area, whether they want to vote or not. Not somebody fron Carbondale telling somebody in Chicago or Lake County how to vote and what to do. So therefcre, I don't feel this is fair. We have areas that need it badly, and I have to vote my conscience, and as I saidy I'm not against riverboats for Chicago. Therefore, I Will be making a Present vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senatcr Shaw.
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indieates he'll yield, Senator Shaw.
Senator Philip, I just received the analysis of this bill. Could you tell us what role -- in this bill, What rcle did the - does the Chicago City Council have in this -- in this -- in this bill?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip .
57 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day April 2l: 1994 You know, just like everything else, zero. None. And I'm not sure if you're aware of this, but you realize the City cf Chicago has a ordinance against gambling. In other Words, it's illegal to have ordinance <sic> in the City of Chicago. I would suggesk that ' j the City of Chicago -- City Council.do the responsible thing if ' they want riverboats, and repeal that Act that prohibits gambling I in the City of Chicago .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
Well, that's just my point. Your saying that the role of the -- the City Ccuncil of Chicago have no role in this -- or, this doesn't empower the City Ccuncil to have anything to say, basically, about the -- whether casinos go there or not. Are they going to bypass the City Council of Chicago? That's what you're saying?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.
Well, you'll have to talk to the Mayor abcut that, but that's What the Mayor is saying, and that's What this bill does. And I say, once aga in, I'm going to tell you: They have -- they have a i city ordinance agalnst gambling. You couldn't have boats today until the City Council repeals that ordinance. And T would suggest a reasonable thing to do before we consider riverboats is repeal thaE ordinance.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
And I understood you to say that this only affects Chicago. It doesn't affect South Cook County, or North Cook County, or West Cook County? 58 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip .
Just Chicago boats. Period.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Shaw. i I
Certainly, to the bill: But certainly, I don't see any Way that T could support legislation like this, because of ehe fact that in my district what the original intent of the legislation was ls to -- these boats were to go into economic-depressed areas, and certainly I have some of those in my districtr and certainly I think that they should be included in this bill. And there's others around the State -- around Cook County that might be included, but I'm particularly concerned about mine, and that's South Cook County.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Welch.
Thank you, Madam President. This has been presented to us as the only alternative that we have to a riverboat b111 that includes four so-called business reforms, and I don't think that's the case. I think that to have a realistic vote on a riverboat bill we have to consider increasing the rate of tax on those boats to help fund educatlon. What's been happenlng in Illinois is that riverboats have been reducing the take of the State frcm the State Lottery. The amount of money coming into Illinois should be going up, instead of going down. The amount of taxes We receive from these boats should be going up, because certalnly the owners are making tremendous profits - their windfall profits far beyond what they ever dreamed possible. It's very unlikely that this Legislature will pass any bills increasing funding for education 59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 2l, 1994 this year or next year. seems to me that the only possibillty on the horlzon is using what tools we have at hand to lncrease education funding. Riverboats, whether we like them or not, may be the only source of that funding. And to let a bill pass without taking that opportunity to increase what money We have for education, to increase that from the riverboat taxes, would be a mistake. I think that this bill should be brought back to a committee. I think we should have a realistic debate, and determine whether we can get more funding for education. Whether we can utilize this to our advantage. Whether we can utilize rlverboats tc bring our children a better education. I don't know that riverboats are any business development. The original plan thought they were a business development when we had hotels involved, when we had entertainment complexes. The Governor's proposal to me makes -- makes no logical sense. You have riverboats that don't have motors. They don't have to look like riverboats. They have to be on Waterr but they don't have to move. It's totally nonsensical. It's -- lt's not even splitting hairs, it's splitting split hairs to go along with Governor Edgar's proposal on rlverboats. I think that we have to take What opportunities we have. I1m not a big fan of riverboats, but I an a tremendous fan of fundinq education. And that's how will determine how I will vote on this issue. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Stern.
Witl the Gentlenan yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Stern.
Senator Philip tells us this is the same bill that was filed in the House, but just a quick look-through - and I'm not on the 60 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 ! Rules Committee, so obviously I'm not familiar wlth it - I see references to the St. Louis Metropolitan Airport Authority, to i quick-take legislation, to the Super Collider, to rights-of-way ! around Palwaukee Airport, and to completion of a project called the Bensenville Ditch. . And I'm interested to know in What way these lead us to riverbcat gambling. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip. SENATOR PHILIP: Well, that's exactly What the Mayor has asked for - quick-take and all. It's exackly What they filed in the Illinois House of Representatives. No change Whatsoever. Not a comma: nat an ''an'' not a ''the''. Exactly. Theylre asking for those powers. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Stern. SENATOR SRERN: I -- I just Want to leave the subject With one other comment. I think we fail to recognize the finite number of discretionary dollars that exist in Illlnois. If we are going tc have horse racing; if we are going to have the Lcttery; if We are going to have bingo, et cetera, et cetera, I think we have to reccgnize that riverboat gambling is going to starve them or else gc under itself. I think this is a sertous error in Legëslative judgment for us to pass thls kind of leglslation. PRESIDING OFFICER: (SENATOR DONAHUE) Furkher discussion? Senator Dudycz. SENATOR DUDYCZ: Thank you, Madam President. ïou knowy I heard one cf my colleagues on the other side mentkon the Governor's plan. This is ' not the Gavernor's plan. This is the Mayor's plan. This is the Mayor's proposal for riverboat gambling. And you know, I'm -- I'm quite not sure how I$m going to vote, because I'm a little 61 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 1994 confused on the Mayor's plan. A1l I've been reading the Chicago newspapersz and a1l have been seeing on TV on the news and hearing on the radio news is the Chicago Mayor's rlverboat gambling plan. Well nowr Ladies and Gentlemen, here's your opportunity to cast your vote in favor of the Mayor's plan. you support it, vote it out of here. Send it to the House; 1et them deal with it. If you don't support either vote Present or No. Get off the tabler and then let's either negotiate a reasonable package that can pass both Houses, or forget about and let's go on about the other business of the State. But you wanted a vote on the Mayor's plan. Here's your opportunity. Vote on and let's see What happens.
PRESIDING OFFICER: (SENATOR DONAHUE) Furtber discussion? Senator Hendan.
Thank you, Madam President. Well, was going to ask the lllustrious President of the Senate some questicnsr but since he has so aptly informed us that there is no changes in this plan - This is the Mayor and the Gcvernor's plan. Wellr I've read it thoroughly: and I want to tell you a few things about First of ally 1et ne nake suce that everyone understands that have just filed Amendments No. 2, Amendments No. 3 and Amendments No. 4 to this -- to this -- to this billr and there w11l be several others to follow. Amendment No. 1 -- mean, Amendment No. deals with the employment of minorities and the minority participation on affirmative action. And it and it and i*...
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip, for what purpose do you rise?
Point of order, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 62 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 State your point.
We're not talking about the amendments that he inkends to file. We 're talking about Anendment No. 1, that I filed. So I wish he would keep to the subject. When We get to his amendments, fine, he can spend all -- not a11 the time, but a reasonable amount of time on his amendments.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hendon.
I did not intend to go into any detail at a11 about those three amendments. I sinply wanted the Members of this Body to be well-informed. I believe we have Senate Rule No. 3 that -- that says that we will get things in a timely manner. So if I 1et people know sli:htly ahead of tine what's coming, I think theylll be prepared to deal with it. Number 3 deals with compulsive gambling, because there's nothing in this bill that deals With people with compulsive gambling. And we have to be for real about that, because there are people out there losing houser and home, and wife, and husband, and everything else, because they can't stop gambling. And I'm not against somebcdy placing a bet here or there. That's their business. But we have to deal with that. And the other part deals with minority partictpation in contracts. This bill has twenty-five and fiver which is not good enough. It is wrong to relegate minorities and women to just small pcrtions of the pie. Also, I wanted to inform this Body that over ln the House there's another billz House Bill 3966, which passed out of Judiciary 1, Lcu Lang 's committee, which calls for minority ownership . And it passed with bipartisan support, both Democrat and Republican. I bring this up for one reason: there is nothing in this bill that deals with minority participation in the area of ownership . And it is wrong. And 1'11 tell you why it bothers me, 63 ' êJ- STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 because I support riverboats. If welre going to have it outside the city, I can understand Senator Philip's concern With...
PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Philip, for what purpose do you rise? . I SENATOR PHILIP: . i Point of order. You know, I've just received your three amendments. Now, you have changed them on the face with a pencll. They fre out of order. And I would suggest if you dre serious about these three amendments, that you better have a good look at 'em and redo 'em, and file 'em. Because in my judgmentr they're completely cut of order. You've changed them on the face With a pencil, and I'm not sure that they're in order. Sc you have a real prcblem with theser Senator. And I would suggest before you go flling amendments that ycu thoroughly look at them.
PRESIDING OFFICER: (SENATOR DONAHUE) Slr, if you wish to speak on this amendment, you may speak on this amendment. Senator Hendon.
Madam President, do I have any rights to respond at all?
PRESIDING OFFICER: (SENATOR DONAHUE) Keep your comments -- We are negctiating and discussing Anendment No. 1 to Senate Bill 1685. If you wish to discuss that anendment and debate that amendment, you may.
Well, first of all, Madam President, I do believe I have a right to respond -- point of personal privilege. To respond to President Phillp.
PRESIDING OFFICER: (SENATOR DONAHUE) You haven't requested that, Senator.
I just did. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) 64 I I STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 State your point.
In response, President Philip, the amendments were corrected ë on their face because this bill was not expectedr and it moved rather quickly. But I Will take your advice and file them r and have it typed in, if that will make you feel a little better. But my point is these are very substantial issues, and the Black Caucus -- the Minority Caucus is not going to go along with any plan that does not allow us and our people the right to participate. Now if I can stand here and support boats for other parts of the -- of the State, which I do, and if I can understand tort reform and business reforms, of which I doy then I believe that other people should be able to understand the concerns and the rights of the majority of the people of the City of Chicago, who just happen to be ninority. So I simply want to make sure that everybady understands that if I vote No or Present herer it's because not only have you been overlooked, and you not been able to participater but neither have Blacks, Hispanlcs, Asians, Natlve Amerëcans and women. And we do not intend to allcw this bill to pass without us being able to participater 'cause just taking care of Chicago does not take care of minority concerns.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip .
Thank you, Madam President, Ladies and Gentlemen of the Senate. Senator Hendon, I don't know if you read if very thoroughly, because there is an affirmative action part of the Mayor's bill. Twenty-five percent minorities and five percent female. So it is in the bill. It's the Mayor's suggestion. If you'd look at it a little more thoroughly, it is there.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Fitzgerald. 65 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
Thank youy Madam President. just wanted to say a couple words. I'm going to vote Present on this bill, and I'm gcing to do so for two reasons. I agree with the Senate President that We need some business reforms. We need tort reform, worker compensation reform in this State, but think something else that's being overlooked here is that we are leaving hundreds of millions, if not billionsr of dollars cn the table, and missing out on a great opportunity to save the taxpayers some of the tax burden in this Skate by just wllly-nilly giving out these licenses for previously eighty-five thousand dollars. This bill mcves the Lkcense fee up to two hundred and ftfty thousand dollars. Just yesterday, I got information frcm a prospectus that Was filed with the Securities Exchange Conmlssion concerning the proflts of just one riverboat in the State of Illinois. And in the first eighteen months that has been operating, has already distributed eighty-seven million, one hundred thousand dollars in net income, bottom line profitss to its nine shareholders. I have a list right here. The person who owns the smallest number of shares only percent - has collected a million nine in distrtbutions in thase eighteen months. That amounts to a hundred and six thousand a month. Someone Who owns -- the largest shareholder - and there 're three of them who own 17.4 percent of the boat - have collected each flfteen million, one hundred and fifty-flve thousand four hundred dollars in these first eighteen months of operating. That works ou* to eight hundred and forEy-cne thousand dollars a month. Now, if this Legislature cannot do scmething these people, 1'm sure, would be satisfied with profits Ehat were not so generous. In factr a lot of people Would be happy to make fifty thousand a month from their ownershlp of the boatr instead of eight hundred thousand. favor competitively bidding out these licenses, or at a minimum, raising the tax. And to those of STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 my friends on the other side of the aisle who favor special licenses allocated to women or to mlncrities, I ask you what good is it going to do for the Black community, or what good is it ' going to do for women, to take a handful of black pecple cr a handful of women and make -- give them a1l assets worth hundreds of millions of dollars? Absolutely nothing. The solution is not to decide here in the Leqislature Who gets the boats. These are State-protected monopolies. Have them competitively bid outr and get something in return for the shareholders, before we ask them ever again to raise their taxes. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscusslon? Senator Demuzio.
Well, thank you. I hate to raise -- rise a second time, but I am -- I want my No vote or my Present vote not to be misinterpreted as the reasons as to why Senator Hendon might be voting No or voting Present. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Palmer.
Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Palmer.
Senator Philip, I haven 't had time tc read this entire anendment, so I am askingr based on just a cursory glance, is there anything in here that dedicates a percentage of the profits to linked development outside of Ehe private ownership of boat cwners?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Phillp .
67 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 No. Nothing whatsoever.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Palner.
And one last question. Again: just glancing at this I affirmative action piece, it looks very familiar. Was this arrived at through some discussion with the Illinois Legislative Black Caucus, or ls this the tip -- usual boilerplate one that we find in every proposal?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip.
Thank you, Madam President. Of course, this is the Mayor's plan. His staff put it together, and I have no idea Who they talked to . And that's a very good question. I think you ought to ask the Mayor. You knowr I -- I -- to my knowledge - and I don't know lf this is true - I have been 1ed to believe, and I think some medla has reported, that the Governor has said that he could sign thls bill. I don't know whether that's true or not. He's never talked to me about it personally, so I have no idea.
PRESIDING OFFICER: (SENATOR DONAHUE) Further dlscussicn? Senator Palmer.
Thank you, Madam President. Just one last remark. Tc my knowledge he hasn't talked to anybody. And I would look around at my colleagues who are members of the Illinois Legislative Black Caucus on this Floor, and I don't see anybody nodding that they've been talked to, so it is boilerplate.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Petka.
Thank you very muchr Madam President. I Would request a roll I 68 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 call vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Request is in order. Senator Philipy to close.
Thank you, Madam President, Ladles and Gentlemen of the Senate. Let me just say this to Senator Welch: You know, as ycu know we have suçgested that we increase the tax on riverboats from twenty percent to twenty-five percent and dedicate that about eighty-flve million dollars to elementary and secondary education. And 1, very honestly, do not have a problem with that. The problem is, the Galena boaty am told, will go under. It also -- Rock Island is not doing tbat well. That would severely hurt the Rock Island boat. So, you kncw, quite frankly, maybe there 's another idea. The other idea was suggested to me to do some kind of a graduated increase in taxes so that those boats that aren't maklng a 1ot of noney aren't going to have to pay any additional taxes, because obviously, we'l1 lose the jobs and the boatsy but that we put it on the people who are making the big profit. To me that makes some kind of sense. And: quite frankly, I think I would be there. Now, the other thing is they 're raising the license fee from eighty-five thousand to two hundred and fifty thousand -- and you realize, if ycu don ': get your license, you forfeit that two hundred and fifty thousand dollars. Now, that is a that is a 1ot of money. This is the Mayor's plan. Let's say it again: it is the Mayor's plan. He put it together. They structured it. They talked to me on one occasion and -- it's been around for a long time, and let's send a message.
PRESIDING OFFICER: (SENATOR DONAHUE) The questlon is, shall Floor Amendment No. 1 to Senate Bill 1685 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record. 0n that 69 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day April 21r 1994 question, there are 26 -- no Nays <sic> (Ayeslr 26 Nays, and 32 voting Present. The amendment fails. Any further Floor amendments?
No further amendments reportedy Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Philip . 3rd...
Thank youy Madam Presidentr Ladies and Gentlemen of the Senate. You know, I knew it was badr but I never thought Was that bad. I thought at least he had communicated With somebody on that skde of the aisle.
PRESIDING OFFICER: (SENATOR DONAHUE) Senate Bill 1685 has been moved to 3rd Reading. Senator Demuzio, for What purpose do you rise?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) State your point.
have been here twenty years. have never seen an amendment offered on this Floor, even -- that -- that didn't at least get one vote by the sponsor. This got zero. This is a historic vote here. I think we ought to a11 have a copy so that the Members could get a copy that -- remember one time when Junie Bartulis was here and he argued cfficially for an amendment for hours and somebody said: ''Okay, we dll give it to youn. And after they gave it to him he voted against the bill. But this is historic. No one voted for this amendment. I think we a11 ought to have a copy of this, and it ought to be journalized to the extent that -- hasn't happened ever ln the history of the State of Illinois the Senate. 70 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Jones, for what purpose do you rise?
Thank you, Mr. President. Actually, I really wanted a verified roll call, but -- but this -- this has proves one thing to you. If the Senate President was sincere and genuine about wanting Chicago and Cook County to have the rest -- have what the rest of the State already has, then he would have sat down and consulted this side of the aisle. He Would have even voted for his own amendment, but he wanted to play silly polltlcs and try to attack attach al1 those things that ycu say you Want on this bill, then your zero vote cn your own amendment shows that you were simply just playing games. When we passed riverboat legislation four or five years ago, you did not vote for then. The Menbers cn this side did vote for it. And I made a commitment at that time that if and When Chlcago decided it Wanted riverboats, I would be there. But you know if you were sincere, you know my position on this issue. You could have saidy ''Senator, let's sit down and see if we can work out some agreement on this, rather than play partlsan politics.'' 'Cause it's a sad conmentary for you to be a sponsor of a bill you can't get even one of your own Members -- and you don't even vote for it. If you had given to mer would have been introduced properly. Senator Hendcn would have been satisfied, the Mayor Would have been satisfied, the Governor would have been satisfied, and then you in turn, would probably have voted Yes for
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dudycz, for what purpose do ycu rise?
Madam President, just stand on a point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) 71 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 108th Legislative Day April 2l, 1994 Please state your point.
Madam President: for Whatever reason any Member voted on this last amendment, the message is very clear. The message is clear to the 2nd Floor. The message is clear to the 5th floor of City Hall, and I hope that the message is clear to our friends the media. The Mayor's bill -- the Mayor's initiative is dead . They wanted a roll call. They got the roll call. Not one vote -- not one supporter of the Mayor's voted for his 'bill. So I think the message that we shculd go forth from -- from this point forward is, we are going to negctiate some sort of acceptable riverboat package, then we should negotiate, and we should take this bill and give the proper burial that we voted on# and go on.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hall, for what purpose do you rise?
Thank your Madam President and Ladles and Gentlemen of the Senate. President Philipr you and I came here together almost twenty-eight years ago, and with a roll call like that -- can we put that vote <sic> back on the board? We should have a picture made of that roll call. And everybody should get that. Is possible to put that back up there? I neanr that's something for posterity. And hope we get the same roll call again, and that would be something. I'm telling your for -- when think of all the years that we 've been here, to get a roll call like that. was knocked off too quick. I thought it could be brought back.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Geo-Karisy for what purpcse do you rise?
Pcint of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point. 72 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
Madam President, Ladies and Gentlemen of the Senater my colleaguer the estimable Minority Leader, and came to this Leglslature almcst twenty-two years ago, and Nhen he takes it upcn himself to castigate ny Leader, I think he should look into his own garden and find out where the weeds are. PRESIDTNG OFFTCER; (SENATOR DONAHUE) Senator Croniny for What purpose do ycu rise?
Thank you, Madam Speaker. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your pcint.
I'd just like to direct the attention of the Bcdy to the gallery above the Democratic side of the aisle. We have a group from Xork High School in Elmhurst. The Mighty Dukes of York are here. Future Honemakers of America a competition. And they look well-prepared and I'd like to just Welcome them to Springfield.
PRESIDING OFFICER: (SENATOR DONAHUE) Please rise and be welcomed. Now , on -- I will advise the Membership to turn to page 2 on your Calendar. We are proceeding to the Order of Senate Bills 3rd Reading. And I will caution each and every one of you that this is the last time that We will go through this Order of Business. So if you have a bill on 3rd Readlng, now is the time to call Page 2. Senakor Butlerr on Senate Bill 481. Senator Butler seeks leave of the Body to bring that back in just a minute. On Senate Bill 1110, Senator Shadid. Last time. Out of the record. Senator Cullerton, on Senate Btll 1133. Read the bill, Mr. Secretary.
Senate Bill 1133. 73 STATE OF ILLINOIS 88TH GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 (Secretary reads title of bi1l) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) i Senator Cullertonr do you wish this bill to be returned tc 2nd Reading for the purposes of an amendment? Is leave granted? Leave is granted. On the Order of 2nd Reading is Senate Bill 1133. Mr. Secretaryr are there any Floor amendments approved for consideration?
Amendment No . 2 is offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton, on Amendment No . 2.
Thank you, Madam Presidentr Members of the Senate. This amendment was approved unanlmcusly by the Judiciary Committee thls morning. This is a amendment to the b111 dealing With illegal conversions of some homes. It's a problem up in the northwest side of Chlcago, particularly. This amendment has been worked out with the Illinois Association of Realtors and the State 's Attorney's Office in Cook County. I would be happy to answer any questions on 3rd Reading: and ask for the adoption of the amendment.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any -- any discussion? Any discussion? Seeing none, a11 those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any fur*her amendments for consideration, Mr. Secretary?
No further amendments reported, Madam President. PRESIDING OFFICER:' (SENATOR DONAHUE) 3rd Readlng. Now r on the Order of 3rd Reading is Senate Bill 1133. I 74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2lr 1994
Senate Bill 1133. (Secretary reads title of bill) 3rd Reading cf the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton. Oh, excuse me, Senator. Senator Bermanr for what purpose do you rise?
Thank youz Madam President. On a -- on a point of order. Do you thlnk -- do you think it would be possible to -- on bills that are amended this morning know it's the last day for 3rd Readings - but that we be given scme period of time between the adopkion of these amendments and the 3rd Reading: so that We can read the analyses and -- and understand What it is that we're voting on. just think that that would be fair to a1l of uS .
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Berman, these bills and amendments have all been through committee. They have had a discussion. If you have a problem r you can discuss that on 3rd Readlng, as you discuss the bills. We will proceed as stated. Senator Cullerton.
Xes. I will attempt to be as explicit as I can on -- on this bill. I appreciate Senator Berman's concern, because We did just adopt the amendment. But 1et me gtve a little background. Thls is a -- a bill that -- it tries to address a serious problen that we've diseovered on *he northwest side of Chicago. We -- the Judiciary Commlttee held hearings the 38th Ward of the City of Chicago. Senator Cronin presided over that. Senator Dudycz testlfled and was present. This deals eith a problem of -- that it was brought to our attention also by the Northwest Netghborhocd Federation. There are people in Chicago, specifically, who are 75 STATE OF ILLINOIS 88TH GZNERAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 taking little bungalows and are illegally converting them into virtual hotels. They are bringin: people in primarily immigrants Who are not legal citizens. They are stuffing them in the basements of these bungalaws, charging outrageous rents, because the fear is, of course, that they'd be turned in to the authorities, and therefore, they pay the amount. And it's been a serious problem. We are attempting to address that. Nowr initially we introduced legislation that would have criminalized this behavior. After talking with the Realtors and the State's attorney we came up Nith an amendment ghich goes the route that Would allow for an injunction to enjoin the occupancy. So We feel that this is the -- the best approach. would give the State's Attorney's Office the authority to go in and ask for an injunction to enjoin the the occupancy, enjoin the collecticn of any rents, and I believe lt's something which will give a stronger tool for khe State's attorney to stop these illegal apartmentsy because we're trying to do something here before a tragedy occurs, 'eause if there's a fire in one of these thtngs - and there's certainly no means for people to get out, because they violate these -- these fire codes, wefre going to have a real tragedy. So that's What we're trying to address with this bill. be happy to answer any questions, and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Senator Cronin.
Thank you, Madam Speaker. I just Wanted to add that Senator Dudycz and I stand in support on this side of Ehe aisle. This deals with a serious problem. We have addressed it here. Hopefully this will -- will bring some positive results and curb some of this activity, and I commend Senator Cullerton for addressing this local prcblem that can be a problem mcst anywhere in the State. Thank you. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Seeing none. Senator Cullerton, to close. Question is, shall Senate Bill 1133 pass. Those in favor uill vote Aye. Opposed, Nay . The voting is open. Have a1l voted who Wish? Have al1 voted Who Wish? Have a1l vcted who wish? Take the record. On that question, there are 58 Ayes, no Naysy none voting Present. Senate Bill 1133, having received the required eonstitutional majority, is declared passed. Senator Hawkinson, on 1147. Madam Secretaryr read the bill. Recall. A11 right. Senator Hawkinson has moved, and seeks leave of the Body, to return Senate Bill 1147 to the Order of 2nd Reading for the purposes af an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is 1147. Madam Secretary, are there any Floor amendments approved for consideration? ACTING SECRETARY HAWKER) Amendment No . 2, offered by Senator Hawkinson.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinsonr on Amendment No. 2.
Thank ycu, Madam President. Amendment No. 2 was, I believe, unanimously agreed to by the Public Hea1th Committee yesterday. We -- I described it, when we first presented the bill to Public Hea1th, that was not form that was ready at that time, and 1'11 deseribe briefly vhat the amendment does. basically adds provislons of House Bill 3480, which deal With the federal OBRA '93 changes to property transfers, liens and esta*e. It allows follcws those OBRA requirements as to the amount of time that the Department of Public Aid is allowed to lock back to discover property transfers from thirty months to thirty-six months. It makes small changes With regard to the treatment of trusts that reflect the federal OBRA changes. In generalr it lcwers the general age limit for persons subject to Medicald esta*e claims 77 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 from sixty-five to fifty-five, as also provided in OBRA '93. It allows for the recovery of overpayment by the Department of Public Aid. Authorizes the Department to recover the overpaynent by recoupment from future assistance or other means. It terminates providers for more than one year if the provider has been . previously terminated. It allcws the Department to place in HMOs clients whose medical overutillzation qualifies them to be restrieted. And it also adds provislons of House Bill 3405, which requlre the Department to implement a twelve-monthr two-county demonstration project to determine the cost-effectiveness af preventing multiple enrollment of aid recipients through the use of automated fingerprint matching identification systems. It was heard in committee, and I belleve agreed by a1l parties in comniekee, and I vould ask for the adoptlon of Floor Amendment No. 2 to Senate Bill 1147.
PRESTDTNG OFFICER: (SENATOR DONAHUE) Is Ahere any -- any discussion? Any discussion? Seeing none, all those in favorr say Aye. Opposedr Nay. The Ayes have it. Amendment is adopted. Are there any further amendments for consideration?
No further amendments reportedr Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Now, on the Order of 3rd Reading is Senate Bill 1147. Read the bill, Madam Secretary.
Senate Bill 1147. (secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson.
78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Thank you, Madam President. Want thank the forty-seven or nore cosponsors that we have in the Senate as of yesterday, to this legislation, and my chief casponsor, Senator Jones . I-- I introduced this legislatlon in response to the Tribune series last fall whfch indicated the mess that Mêdicaid is in -- in Cook County and in the rest of Illinois. That series highlighted the problens of Medlcaid fraud in Illinois. It highlighted the problems of recipient abuse. It highlighted the problems of provider abuse in some portions of our state. At a tlme when Medicaid dollars: in general, are growing geometrically and putting such a squeeze on the rest of our State budgek; at a time when health care costs are risingy to the extent we eanr lt is incumbent upon us to make sure that those dollars gc to recipients uho generally need health care. They should not be golng out to fraudulent providers. They should not be going out to fraudulent uses by recipients - in some cases going from pharmacy to pharmacy, or doctor to doctor to obtain prescription drugs to later sell them on the street. Anyone who has not read that serles in late October and November in the Tribune on Medicaid Fraud in Illinois ought to do so . This bill is an attempt that I've introduced, and that again, some forty-seven of you have joined me as of yesterday, and I think probably morey as cosponsors, in an effort to do something to combat welfare Medicaid fraud the State of Illinois. In accord with suggestions made by Senator Jonesl task force and others, it prohiblEs felony fugltives fron ever receiving public assistance; requires the Department to establish a statewide system of recipient eligibility verification, which shall consist either of a photo ID or an electronic swipe card; it would require that every request for Medicaid reimbursement submitted by a pharmacist have either the name of the physician or an identificatlon code nunber; it would require that every Medicaid reimbursement 79 STATE OF ILLINOIS ! 88TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 2l: 1994 submitted by a physician must include a diagnosis to be written out or in code; and finally - and I think perhaps most lmportantly in terms of being able to find out fraud where it ts occurring - it requires the Department to file a reimbursement request by both recipient name and by the name of the provider, so ehat -- where there's unusual usage, the Department and its investigatcrs can be alerted. I think this is an inportant bill. Againy I Want to thank you for jaining me in spcnsoring this bill, and would urge the adoption of Senate Bill 1147, as amended. Would be happy to try and answer any questions. PRESIDING OFFICER: (SENATOR DONAHUE) 'I Any discussion? Senator Jones.
Thank you, Madam President. I rise in support of Senate Bill 1147. The Senate Democrats did have a task force and did identlfy many crittcal areas as related to Public Aid and the Medlcaid program. And one area in particular Was the swipe cardr which in eurn would enable the Department to have what you call on-line verification and will stop a lot of waste in the Department. So I encourage a11 Members to vote Yes on Senate Bill 1147.
PRESIDING OFFICER: (SENATOR DONAHUE) The question is, shall Senate Bill 1147 pass. Those in favor Will vote Aye. Opposedr Nay. The votlng ls open. Save a11 voted Who wish? Have a1l voted who wish? Have al1 voted Whe wish? Have a11 voted who wish? Take the record. On that questiony . there are 58 Ayes: no Nays, none voting Present. Senate Bill 1147, having received the required constitutional majority, is I declared passed. Senator Raica, on Senate Bill 1172. Read the bill, Madam Secretary. ACTING SECRETARY SAWFERJ f Senate Bill 1172. (Seeretary reads title of bill) 80 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT loseh Legislative Day April 21, 1994 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Raica.
Thank youy Madan Presidentr Ladies and Gentlemen of *he Senate. Just for the sake of time, What 1172 does is contains compromise languaqe between CUB and the major utilitiesr to provide a mecbanism of forner utility costumers to access refunds on their utilities. If wasn't yesterdayr Was the day before, Amendment No. 4 merely accented on the word Hprove'' Which appeared to have been a problemy and we explain and define the word Hproof'' within the contents of this propcsed legislation. There are no -- no opposition to this to the best of my knowledge at this point in time, and I just ask for an affirmative roll call.
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any diseussion? Any discusslon? Seeing none, the question ls, shall Senate Bi1l 1172 pass. Those in favor Will vote Aye. Opposed, Nay . The voting is open. Have al1 voted Who wish? Have a11 voted who Wish? Have a11 voted who Wish? Have a11 voted who wish? Take the record. On that question: there are 58 Ayesy no Naysr none voting Present. Senate B1l1 1172, having received the required constitutional majority, is declared passed. Earlier we requested -- Senator Butler requested leave to go back to Senate Bill 481. He seeks leave to do that nowr and no objection. So -- Senatar Butler, do you seek leave to return Senate Bill 481 to the Order of 2nd Reading for the purposes of an amendment? Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 481. Madam Seeretary, are there any Floor amendnents approved for consideration? Okay . Senator Lauzen, for what purpose do you rise?
81 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislakive Day April 21, 1994 I -- I move to table, I believe it's Amendment No. 2. Move to reconsider the vote by which Senate Amendment No. 2 -- and then table. '
PRESIDING OFFICER: (SENATOR DONAHUE) Okay. Having voted on the prevailing sider Senator Lauzen moves to reeonsider the vote by which Floor Amendnent No . 2 was ( k adopted. Those in favor, say Aye. Opposedr Nay. The Ayes have i it. He noW mcves that the Senate table Amendment No. 2. A11 those in favor, say Aye. Opposed, No. The Ayes have it, and the 1 amendment is tabled . Any further Floor amendments?
1 NO further amendments apProved fOT Consideration, Madam ' President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Nowr Senator Butler, on the Order of 3rd Reading is Senate Bill 481. Senator Butler. Madam Secretary, read the bill.
Senate Bi11 481. (Secretary reads title of bill) 3rd Reading of the bill. ;
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler. !
Thank you, Madam President. Senate Bill 48l anends the I Unemploynent Insurance Act to correct What I consider a deficiency in the present law. As it stands right now y if you are a crosslng ! I guard employed by a school district, you are not qualified for unemployment insurance during spring -- during vaeation periods. However, if the crossing guards are employed by municipalities, they are eligible for unemployment insurance. This bill merely correcks the -- corrects thak difference, so that a1l crossing 82 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 guards are now on -- Would be on the same footing. In other l Wordsr they would be treated in the -- in the same manner as academic personnel. 1111 -- glad tc answer questions.
PRESIDING OFPICER: (SENATOR DONAHUE) Any discusslon? .senator Demuzio.
Well, thank you, Madam President and Ladies and Gentlemen of the Senate. I don't know too much about this bill, other than the fact that Labor has indicated that it has had some difficulties supporting this legislation. As a matter of fact, they fre opposed. But I understand Senator, that it only does that which you have lndicatedr and that ls that it denies unemployment benefits to school crossing guards for any week after June the lst of 1994?
PRESIDING OFFICER: (SENATOR DONAHUE) Senakcr Butler.
That ls correct. To my kncwledge, the removal of the amendment has removed any cbjection to the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio. Senator Collins.
Senator, do they take out unemployment insurance While they're working? Do they pay into the system?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Butler.
To my knowledge, no.
PRESIDING OFFICER: (SENATOR DONAHUE) Any discussion? Any discussion? Senator Butler, to close.
I would appreciate a favorable vote. 83 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2ly 1994 PRESTDING OFFICER; (SENATOR DONAHUE) Question is, shall Senate Bill 481 pass. Those in favor will vote Aye. Opposed, No . The voting is open. Have al1 voted who wish? Have a11 voted who wish? Have a1l voted Nho Wlsh? Take the record. On that questiony there are 33 Ayesr 23 Nays, and none voting -- l voting Present. Senate Bill 481r having received the required constitutional majority, is declared passed. Senator O'Malley, on Senate Bill 1175. Madam Secretary, read the bill. END OF TAPE ' TAPE 3
PRESIDING OFFICER: (SENATOR DONAHUE) Out of the record. Last time. Senator O 'Malley, on 1186. Madam Secretary, read the bill.
Senate Bill 1186. (SecreEary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
Thank you, Madam President: and Members of the Senate. Senate Bill 1186, as amended, provides that funds under the control of the Ccck County Regicnal Superintendent shall be deposited in the Educational Service Region Resolving <sic> (Revolving) Fund, within the State Treasury when the State Board of Education assumes the duties of that office on July 1, 1994. Be pleased to answer any questians from the Body. I 84 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any discussion? Any discusslon? Senator Fawell.
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates helll yieldr Senator Eawell.
Senatorr there was a -- a column yesterdayr in I think it was the Sun-Tines, tbat was talking about the GED Funds. Does this take care of that situation?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Ma11ey.
understand that what this b1ll Will do, -- is address that in particular; lt'11 keep a11 the GED Funds as welly from Cook County; in this fund.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell.
I hope the Sun-Times is llstening.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Berman.
Thank you: Madam President. -- don't think that the question and the answer, Senator Fawell -- Senator Fawell? The article in the Sun-Times dealt with who's going to provide the GED tests. That is nct addressed by this bill. Am I correct, Senator O'Malley? you'd jusk nod your head or something -- buk, the issue the issue that was addressed in the Sun-Times has not been resolved. The issue raised by the Sun-Times is Who's gcing provide GED tests. That is not addressed by this bill; this bill deals with funding. This bill is fine, but it doesn't 85 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2lz 1994 address the article in the Sun-Times, so let's not mislead either the press or ourselves, regardinq this bill. This does not address the issue of who's going to take care of those persons who vant to take a G2D test between now and -- and September. Thank you, Madan President.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
Yes. Senator Berman, thank you for clarifying that. This bill doesn't have anythlng to do with redirecting funds, other than to say that the funds that otherwise Would have ccne into the control of the superintendent are now going to go into a segregated fund within the State Treasuryr to make sure that those Cook County funds remain within and for the purposes for which they were intended .
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator del Valle. SENATOR dEL VALLE: Well, thank you, Mr. President. I want to also add that this bill doesn't address the GED problem . And thatr as stands right now, there is no plan in place for providing testing services for individuals who will be ready ta take the GED, Cook County, come July 1. And yet here we are seelng legislation that is related to the elimination of that office in -- in the Chicago area: and yet we still have not taken the necessary steps to let the publlc know hov they uill be able to take a GED test come July 1. So We do have some unfinished business that I hope will be taken care of socn, so that people can know where they stand.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If notr Senator O 'Malley, to close.
86 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Thank you, Mr. President. As Senatcr Berman indicatedy this bl11 is fine. This bill Was never intended to deal with the GED issue. I'n glad it's been put out here so that people understand that. That being the caser I would request a positive roll call. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is# shall Senate Bill 1186 pass . Those in favor uill vote Aye. Opposed will vote Nayr and the voting is open. Have al1 voted who wish? Have al1 voted who wish? Have a1l voted who wish? Take the record. On that question, there are 57 Ayesr l Nayw none voting Present, and Senate Bill 1186, having received the required constitutional majority, is declared passed. Senate Bill 1200. Senatcr Klemm. Madam Secretary, read the bill.
Senate Bi11...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator beg your pardon. Senator Hendonr for What purpose do you rise?
I'm sorry, Mr. Presidentr but --I meant to vote Yes on that bill. I hit the wrong button, so can you record me as voting Yes?
PRESIDING OFFICER: (SENATOR DUDYCZ) The record will so reflect. 3rd Reading. Senate Bill 1200. Madam Secretary, read the bill.
Senate Bill 1200. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm .
Just an inquiry of the Chair. Were the amendments adopted? 87 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2lr 1994
PRESIDING OFFICER: (SENATOR DUDYCZ) That's correct, Senator.
Thank you, Mr. President. Ladies and Gentlemen of the Senate: Senate Bill 1200 is a result of a request by township road commissioners in the collar counties area, to try to assist subdivisicns with non-dedicated roads. Those would be public roads that are maintained by private dollars. To be able to assist those people with some of the taxes that they themselves pay for the road and bridge fund, to allow them to use those dollars to help improve the rcads to get it into the road system. I made an amendment on thls particular bill in the Transportation Commiktee to mirror what's exlsting 1aw in notor fuel tax dollars, to help them out. And iE only applies to those subdivisions of way back. when, that were applied prior to 1959. So I do ask for your support; it's an important issue in the collar county areas.
PRESIDING OPFICER: (SENATOR DUDYCZ) Any discusslon? If not, the question is, shall Senate Bill 1200 pass. Thcse in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have a1l voted who wlsh? Have al1 voted who wish? Have a11 voted who wish? Take the record . On that question, there are 58 Ayes, no Nays, none voting Present, and Senate Bill 1200, having received the required constitutional majority, ia declared passed. On the Order of 3rd Reading, Senate Bill 1207. Senator Watson. Madam Secretaryr read the bill.
Senate Bill 1207. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
88 ' STATE OF ILLINOIS ' 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 I Xes. Thank you, Mr. President. And I'm sure mcst of the ; Membership w1ll be glad when this particular roll eall is taken. I know that there's been a 1ot of discussion abaut this particular issuey and I knoW that a 1ot of you have had serious deliberations . on your position on this particular vote. But this does expand the Illinois Optometric Act, and would allow certified ! ; cptoaetrists to treat certain eye diseases. This wculd be spelled out by certification, based on their education, their competency, ! and rules that would be developed by the Department of Professional Regulation. Current 1aw requires that -- optometrists to diagnose all diseases: but does not allow them appropriate treatment. This bill corrects that particular problem. I don't know how many of you got the opportunity this I morning to Ealk to Dr. Lopezy who is the Chairman of the : Department of Ophthalmology at *he Illinois Masonic Medical Center in Chicago, and he's also the Assistant Clinieal Professcr of 2 Ophthalmology for the University of Illinois Medical School in Chicago. But he was here to answer some questions and concernsr I think, that many of you have about the education and training of optometrists and thelr abllity to treat ocular problems. The Illinois College of Optcmetry is one of the most highly regarded I i schools in the country. It Is the largest, and it 's unfortunate that those individuals who graduate from that particular school - and by the way, you have to gc four years of undergraduate, get a degree in undergraduate work to go on, and then another four years at the Illlnols School of Opkometry - but it's unforbunate that those graduates have to leave the State of Illinois Eo fulfill the full fulfillment of their education. And that doesn't make any sense to me. Thirty-eight states alloW optometrists to do What We're proposing to do in this legislation. There is no surgery involved in this. Right now, if I go to a VA hospital in Illinois here: or on many military bases, an optometrist can do What we're 89 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 going to allow him or her to do by this legislation. Right here in Illinois. But you go off tbat base or out of that hospital, and the restrictions of the current Illinois 1aw prohibit the treatment of many ocular diseases. This particular bill would . simply allow for the natural progression from diagnosis to treatment of the people of Illinois. And a 1ot of us are concerned about access and availability, and even cost, but We 1 should have all received information from the Illinois Optometrists ccncerning the availability of ophthalmologists in i this State. And as you can see, in many casesr especially in rural Illinois, theylre simply not available. Optometrists have the education, the professionalismr which unfortunately sometimes ! has been questioned throughout thls debate, but they are as part of the health care team as anyoner and should be given the opportunity ko practice their profession. That's al1 this bill does. I'd be glad to answer any questionsr Mr. President. PRESIDING OFFICER: (SENATOR DUDXCZ) ! Is there any diseussion? Senator Trotter. SENATOR TROTTER: i Thank yau very much, Mr. President. I proudly skand in support of this legislation. 1, toor in my tenure here tn the I Legislature - the House, as well as here ln the Senate - I've stood many times speaking on behalf cf the medically indigent and for those folks who, because of some reason or otherr have not ! been given access to health care. This bill addresses that. This bill, as stated by the -- Senator Watson, that wlll allow people who are trained and qualified to administer those services, not only down in rural Americay but also in those other medically underserved communities, which was one that I represent and many of our other Members here represent. This is a good bill. It's scmethlng that's come of -- o' time. It 's something that we've been looking at for a long time, as well, in this State. We have 90 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 also talked about it in helping midwives and also -- and also empowering nurse practiticners. Well, this ls part of that team that he mentioned that Senator Watson menticned - that we need to be voting for to make sure that the quality of health care in our State is consistent for a11 of lts citizens. And I ask a11 of everyone on my side and those on the other side who believe that we, as the State cf Illincisy should give the very best to a11 of our citizens this bill will ensure that - and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Peterson.
Will Senator Watson yield for a few questions?
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Watson lndicates he Will yield. Senator Peterson.
Senator Watson, in the legislation, it limits to a few eye diseases that the optometrists can treat. Could you give me an idea why there was some llmitation there in the legislation?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
I'm sorry. We've had talk back here, and I couldn't -- couldn't hear the question, Senatcr.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.
. .. tmicrcphone cutoffl...understand that this legislation doesn't give the optometrists the ability to treat every eye dlsease that an ophthalmclogist can. It limits the optometrists. Could you tell me why there were certain limitations, and and how those were derived? 91 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Well, this is an expansion of the current Optometric Act to allow them to treat, and there is some limitations on that. And those limitations believe there is a commission or a committee within the Department of Professional Regulation Nhich would dictate that limitation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.
So what youfre saying the Department made these recommendations on the limitation. Is that your understanding?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Wellz the Aet spells out that the Department of Professional Regulation shall notify the Department of Public Hea1th as to those categories. We feel that that would be to the extent of the education that is brought forth at the Illinols School Optometry.
PRESIDING OFFICER : (SENATOR DUDYCZ) Senator Peterson.
So to clarify your answers, there are specific parameters for the optometrists Eo operate under, buk you don't know why or how those were derived as far as treating eye diseases?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
This is -- this is not wide open. This is a very conservative approach to -- to the expansion of the Act. 92 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Dag April 2l: 1994
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.
Welly maybe I'm not giving you the -- the correct questlon so that you can answer and give me the information I'm locking for. There is a limitation. How are those limitations derived? What said before is you're limiting optometrists to treat certain eye diseases. You're making specific recommendations. Hcw did you derive those recommendations? HoW -- how did that come about?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senatcr Watscn.
The attempt of this is to meet the educatlonal experience that an optometrist receives while he is in school. I guess maybe I'm not understanding your total questionr but I -- I Would assume that what you 're asking -- that's why the bill is Written as it is. So there can be sone limitations.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Peterson.
Thank you, Mr. President. To the bill: I think this illustrates that there -- there is some question here as to Where the optometrists are gcing to go in in the treatment of eye diseases. I thlnk there has to be more study on this particular piece of legislation. How far or how extensive is thelr treatment going to be? How were -- were these recommendations derived? We don't seem to have those answers. I Ehink that we have Eo study this piece of legislation further, and I would recommend a No vote on Senate Bill 1207.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senator Palmer.
93 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Palmer.
Senator Watklns, I'm -- I'm looking at -- Watson, I'm sorry. I'm looking at our analysis: and it says that *he -- currently the educational requirements for licensed optometrists are that students must pass a minimum of three years in a -- study in a program similar to courses required to enter medical or dental school. So that means that they are not equivalent, that they are similar? Could you talk about that? And that they receive a four-year postgraduate degree frcm an accredited optometric college not a medical degree. How are these -- how are they related - the course of study for the optometric student and the one who is a practicing ophthalmologist?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
As Dr. Lopez talked about this mcrning, many of the ccurses are identical. But to answer your question specificallyz the optometric requirement for pharmacology - which is the course in which to determine the basis by which the expertise would be developed - they receive over a hundred hours -- class hours in -- in -- in pharmacology excuse me - where the medical school recelves about ninety-two hours. So in some areas, their actual training and education could be considered superior to that of a comparable degree in medicine.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palner.
Thank you . One last question: Again, accordinç to our analysis, it says that if this bill passed, current licensed 94 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 optometrists would be required to spend a hundred and tkenty hours of training. That's -- really, if you look at itr that's less than a week 's worth of training in order to qualify to be able tc use medications that ophthalmologists eurrently use.
PRESIDING OFFICER: (SENATOR DUDYCZ) Further discussion? Senator Cronin.
Thank you, Mr. President, Ladtes and Gentlemen of the Senate. I -- I rise in opposttion to this blllr and my opposition does not -- is not rooted in a mottvation to seek or to -- to promote any kind of an attack on optometrists. No -- no doubt optometrists are professionals and they provide a valuable service, but what I Would like to share wlth the Body is just that I come from a famlly of doctorsr and my sister happens to be an ophthalmologistr and I -- I suppose some of you may suggest that that prejudices me. I -- I'd urge you to -- to just take -- try to take an understandingr or try to take a posltion that -- that -- that I have shared in my life. I have seen a dedicationy a commltmenty an idealism of doctors. I have a -- my sister, she contemplated going to optometric school, but she decided not to. She wanted to go to medical school, because she wanted to treat diseases of the eye, and she wanted to be able to perform surgery. Look at -- no doubt optometrists are Well-qualified tc refract, to recommend -- prescribe lenses for the eyes, but let's point out the fact that there are no national boards for optometrists; there are no standards of a naticnal order. You know, lf we pass this bill, Why wculd a 1ot of people go to medlcal school? Why Would they go through the four years of training in medical school; the one-year fellowship; the three years of residency? Why do it? Six years ago the optometrists wanted to be able to dilate the eye. Today they want therapeutic drops. Tomorrow it's going to be laser surgery . Where is the logic? Where is the logic to the 95 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 optometrists' pcsiticn that they are qualified to handle only certain diseases of the eye? It doesn't make sense. The access issue is a red herring. There is no one -- no one the State of Illinois that is more than forty minutes away from an ophthalmologist. Let me just offer, in conclusion, to the Bodyr what -- a reality check here. What is happening to the optometrist isr is they 're getting the squeeze the private market. K-Mart and Sears and a 1ot of retailers are now in the business of prcviding eyeglasses and contact lenses, and it's hurting the optometrists. a free market, things like that happen. But to suggest or to -- to provide the optometrists fcr an opportunity to invade another market, another profession -- a trained profession, is just inappropriate. Let's protect the integrity of the -- the professional treatment of eye diseases and surgical procedures of the eye. Let's vote No.
PRESIDING OFFICER: (SENATOR DUDYCZ) The Chair Would like to inform the Menbershtp that it is 4:25. We have eighty-six bills left to go on the Calendar, and We noW have six additional speakers that wish to comment on this bill. For further discussion, Senator Sieben.
Thank you, Mr. President. do rise in support of this leglslation. I think it's time that we do make this change and allow these privileges, which are very narrowly, restrictively drafted in this bill, and also I think the optometrists have agreed a rather extenslve amounk of professional Eraining and education to receive these privileges, and I Would also add that al1 a11 of our neighboring states currently allcw these privileges for optometrists ln their state. And for these reasons, I support the billr and urge an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Raica. 96 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 2l, 1994
Thank you, Mr. Presldent and Ladies and Gentlemen of the Senate. Last year Senate Bill 333 proposed removing the explicit 1 prohibition on optometrists performing surgery. This year the bill explicitly prohibits surgery againr and House Bill 893 from 1991 nandated that optometrists consult a physician before uskng certain anti-glaucoma drugs. And Senate Bill 1207 has no such provision whatsoever. If -- if this bill is enactedr this bill would pernit our optometrksts - who are not physicians - to treat medical eye dlsease therapeutically for the first timey *1th prescrlption medicatlons. And many of these prescriptions or medications will affect the whole body, systemically - not just the eyes. They Will have an adverse effect if they are -- necessarily side effects to these medicatlons - a side effect not just to the eyes: but posstbly to the entire systenic system. My understanding was that Within the past year or so: there was a meeting that was conducted between the ophthalmologists and the optometrists, where a group of ophthalmokogtsts sat face-to-face with the optometric peaple ta discuss the education and the schcols' curriculum as it pertains to certain -- management of certain nedical disorders. As an answer to what happened, Senate Bill 1207 was -- was drafted: meaning they came to the General Assembly for -- for us to solve the problem, lnstead of solving it themselves. As a fully licensed physkcian, an ophthalmologist gets three years of clinical training ln evaluation and treatment of patients with medical problens. At no point is an optometrisE's tratnkng comparabte, as far as clinkcal evaluatkon, in the treatment of systemic disease that's offered. Senator Watson, if you rememberr we had a couple of bills before us in the General Assembly that Nould have allowed nurses to prescribe medications and do minor surqery. We killed those proposals in the General Assembly. You stated that they have to have 97 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 108th Legislative Day April 21r 1994 pharmacology, and only those that have the pharmacology classes would -- would be able to do such dispenslng. Senator Watson, T have a question, if I might.
PRESIDING OFFICER: (SENATOR DUDYCZ) . i Sponsor indicates he will yield. Senator Raica. .
Senator Watson, would you -- my understanding is that you're a ! registered pharmacist. Am I correct? l
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
That is correct. I
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Raica.
HoW do you feel about the pharmaceutical aide or pharmacist ! asslstank that Works behlnd the counter filling prescriptions When the pharmacist is busy?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Well, they candt, Senator, Without the supervision of a registered pharmacist, which has nothing to dor by the wayz with 1 ! this bill.
PRESTDTNG OFFICER: (SENATOR DUDYCZ) Senator Raica.
Senator Watson, so -- so what youdre saying is that -- let's just say there's someone that's vorking behind the counter or in training to be a pharmacist; that person could not fill a bottle of, let's just say Valiun, or a bottle of -- of Tylenol, or anything from one glass to another glassr not treat a patient, but ! 98 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 not do anything regarding -- what I'm basically saying is this assistant could not fill a prescription should ycu be tied up or anything. Am I correct? PRESIDING OEFICER: (SENATOR DUDYCZ) E i Senator Watson.
Well, Senator, I don't know what this has to do with this particular piece of legislation. I'd be glad to talk to you privately about pharmacy and pharmacy issues, but a pharmacist technician has tc be -- a registered pharmacist has to be present When a prescription is filled by a technician. And by the Way, a technician may not even have any education. High school educaticn is -- is the only thin: that is required of a pharmacist technlcian - apprentice. We're talking about...lmlcrophone cutoffl...here of four years of someone who's gone to optometric school. Four years of colleger plus four years of advanced education.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Raica .
Welly Mr. President: the point that I$m attempting to make is that, number oner since we lve been here, we've discussed -- and basically what it winds up to be is the education process. As far as the opponents are concerned in this piece of leglslation -- what they sre attempttng to say is that the optometristsy if they Wanted to dispense -- or Wanted to -- to correct these injuries of the eyes, they should have gone on to the next level, whlch have -- which have been the -- to be an ophthalmologist, and not just stopped where they 're at now. Just like if an R.N. Wanted to practice medicine, she goes on to become a physician. Or if an EMT wanted to do something different, go on to be a paramedicr and not just stop at the one level. A11 I'm saying here is that 99 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 there's been, as far as the education is concernedy they have not completed the educational portion - most importantlyr the cllnical aspect of hands-on patient assessment. And therefore, I would vote No on this piece of legislation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Geo-Raris.
Mr. President and Ladies and Gentlemen of the Senate, have a board-certified ophthalmologist in my own family. However, going to support this bill, because what thls bill does, does establish guidelines for certification to use diagncstic and therapeutic agents. The optometrist cannat do any surgery - absolutely cannot do any surgery; and this bill does not permit them to do any surgery. think we've got to face facts. There are areas downstate that have no ophthalmologists, and there are areas that -- deeply need doctors of a11 klnds. I think the optometrists who are certified ta use diagnostic and therapeutic agents will be even more careful, and certalnly theydll recommend their patients to an ophthalmologist if there is any surgery needed . think we've gone over this long enough, and do feel that if we have -- the veterans' hospitals already da this after all, that's federal gcvernment. Who are we to feel that we shouldn't do it too? We got thirty-two states doing and think it's only right that we support this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusslon? Senator Demuzio.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. rise in support of Senate Bill 1207. This is already the laW in thirty-eight states, and some have had this law for as long as eighteen years. All of the states surrounding and adjacent to Illinois afford optometrists the opportunity to perform the duties 100 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 in this bill, and I would urge support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Barkhausen. i SENATOR BARKHAUSEN: : Mr. President, I just rise to make the brief point with some institutional perspective and memory here from the debate that we had ten or twelve years ago on legislation that gave optometrists the right to use diagnostic drugs. And -- and 1, having supported that particular piece of legislation, feel strongly that we Went far enough at that particular timey that it would be inappropriate to extend, as well, the privileges of using therapeutic drugsr and I would note that inasmuch as a number of states already have allowed the use of therapeutic drugs, those states: by and larîe - maybe with one or two exceptlons - basically do not lnclude the large urban statesr like Illinois. And Without expressing any disrespeck whatsoever to the optometrists, I think this legislatton is -- is inappropriate and should be defeated.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Klemm .
Wellr listening to the debate in the Exec Conmittee, realized that this is really - in my opinion - not a debate between cptometrists or ophthalnologists: because I go to an ophthalmologist, and perhaps they're the highest trained medical practitioner for eye care, and I know that. So What I did is, I Went back after I heard the debate of both sides, and rather than asking *he two people, I went and I talked to the family practitionerr if you Will - a medical doctor Who has the ability, under Illinois law, to treat eyes. And two of them were specialists that told ne they have nat looked at an eye probably since medical school, that their specialist - one Was a foot doctor and the other was in another profession - and yet they said 10l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 that they would not treat an eye. They don't know that much about 1t. They've been out of the business, if you will, of eye care. They 're not specialists in that anymore, and yet, under Illinois law, they can do that. So thought to myself: Here's an optometrist kho has had such extensive training and only works on the eyes; lintting What they can do seems like they really are more qualified than if went to my family doctor and had them remove and did some surgery on ny eye. And that's true. In a1l these yearsr I've supported the ophthalmologists. This time f?m going to support this, because I think it's appropriate. And thirty-seven states do have regulationsy and I did not see in testimony where patients -- people had been hurt by thaty and did seem as if it would be good. So I think we're missing the point when we're trying to take the ophtha1molog1st and the optometrist. don't think that's really the issue here, and I do support the amendment.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Smith.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. stand in strong support for this measure, and ask that we vote for the Optometrlc Society. I have, in my districtr the Illinois College of Optometry, and I visit them regular. They -- optometry today is so well versed and so far advanced that they could, but they do realize and regard the laws of our State of Illinois, and for a11 of the medical societies across our ccuntry, sure. But when I say that we are suffering now, the optometrists maintain that the State losing many trained optometrisks who opt to practice in one of the other thirty-seven states that allow the use of a diagnostic pharmaceutical agent by optometrists. This is an advanced field. They know their their scope. They know hok far they ean go. But if they can help l02 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPQ 108th Legislative Day April 21, 1994 people who are livlng in areas vhere there are not proper facilities for optometrists -- or ophthalmologists tc practice, but if they can help these people who cannot help themselves, then I say we must support the work of our optometrists. And so stand in full support, and ask your favorable vote.
PRESIDTNG OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Maitland.
Thank you very much, Mr. President, Members of the Senate. I've been in this Body for sixteen years, and this is one of the toughest decisions that I've ever had to make. You know, from time to time, we deal with issues legislatively that We have no right to deal withr because the dectsions we are making are decisions that are frankly beyond us, and they ought to be handled someplace else - not in a Legislative Bcdy. And this is a classic example - a classic example. We are standing here today debating issues of medical sclence. Senator Watson is the only one in this Chamber, think, that even comes close to knowing anykhing about medical science, and I respect him a great deal as a pharmacist. But want to tell you something. I want to tell you something. The reams of information I've received from the ophthalmologists, who are my frlends and who have treated me; and the reams of information I've received from the optometrists: who are my friends and have treated me, make compelling arguments - make compelling arguments as to why thls should happen. The argument about being available in thirty-seven other states dcesn't mean anything to me. Not one thing. Doesn 't mean it's right or wrong. But they have forced us - b0th sides into making declsion legislatively that ve absolutely ought not be making, because may affect, positively or negatlvely, our constituents, and we don't understand the issue. don't understand it. stand before you at 4:40, not yet knowing how I'm going to vote on this l03 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1G8th Legkslative Day April 1994 bill. And that's a terrible, terrible thing, and a terrible position to be in on such an important issue.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Watson, to close.
Well, thank you: President. And, Senator Maitland, understand your frustrations in dealing with legislation such as this. The cnly problem is -- pardon me? Well, I understand your frustrations in dealing with legislation such as thisr but every profession in this State ks regulated by this Body, and we establish here the realm in which they can practice their partlcular profession. So what we do here is expected to do us to do here, within the Licensing Act. That's exactly what webre doing. Senator Raica, this is not a turf battle don't think over the ophthalmologists shouldn't bez over the ophthalmologisks and the optometrists. And there's no question no question no one will deny the fact that ophthalmclcgists certainly have extended anount of education, and they arey in many cases, surgeons. We're not asking for that. And, Senator Barkhauseny I don't know we al1 recelved thls report from the Partnership for Better Eye Care for Citizens of Illinois, and in this talks about the thirty-eight other states not thirty-seven, thirty-eight. Mississippi just passed this, and was signed last week. And many, many states - al1 the states, in fact, surrounding Illinois - allow this type of practice. And it's pending in Xew Xork and California and Pennsylvania and Michigan. So is something that has a certain amount of support, obviouslyy throughout this country. And, Senator Palmery this is a newspaper article from August. This is the American Academy of Ophthalmologyz and in here they talk about the hours of clinical treatment that they feel necessary for an ophthalmologist, and they talk about ''Teaching'' and this is 104 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2lz 1994 quoting, ''Teaching should include lectures, demonstraticns and supervised experience in a clinical clerkshlp offering students exposure to patients with ccular disorders. A required clinical I rotation in the third or fourth year of one to two weeks is desirable.'' Thls is by the ophthalnclogists. And the education requirements -- and it's unfortunate that we a11 didn't get an opportunity to talk to Dr. Lopez, because the -- the pharmacology -- as I mentioned earlier, the optometrists spend more classroom hours dealing with pharmacology issues than the medical doctor - not the ophthalmologist, but the medical doctor. I don't know hoW many of you got lettersy but there are a lot of them floating around and a 1ot of different people taking sides on this issue, but here's a letter from an cphtha1molog1st from the Stone Eye Center in Chicagc, and he's talking abcut today 's optometrist. And one thing you need to understand about this legislation is, nobody 's grandfathered in. You knowr we sit around here on al1 the regulation Acts: and we grandfather in a11 these folks. They 're not asking to be grandfathered in here, in this particular proposal. Everybody's going to receive the proper training. And here's a letter from the Stone Eye Center in Chicago. ''Tcday's cptometry student receives excellent training in eye pathology and therapeutics. The clinical portion covers glaucomar cataract, infections and a full range of medical eye problems.'' And it gaes on to say ''Senate Bill 1207 is a conservative measure ln that it supports allowing optometrists to practice withln tbe scope of their training and certlflcation.'' And the issue that Ne seem to be talking about here mcst on this Floor deals with educaklon and training. And here's an ophthalnologist Who says what they receive is more than adequate. The American Public Health Association, which is -- established over a century ago, represents more than sevenky-seven public health occupations, includlng medicine, dentistry, podiatry, nursing. The American 105 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 2l, 1994 Public Health Association has received -- has resolved that a11 states expand the scope of optometric practice to include the use of therapeutic pharmaceutical agents, and that's what this legislation does. This is not an issue of personalities. This is not an issue of associations. This is an issue of the people of Illknois and proper access to health care. This is not dealing with individual friends across the hall, or standing outside this door. This is deallng with the people and the people of Illinois who will benefit from the passage of this legislation. If thirty other -- thirty-eight other states in this country thlnk it's a1l right, then why isn't it al1 right for Illinois? Vote Yes.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question isr shall Senate Bill 1207 pass. Thcse in favor will vote Aye. Opposed will vote Nay. And the voting is cpen. Have all voted who wish? Have all voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 25 Ayes, 31 Nays, l votlng Present, and Senate Bill 1207: having nct received the required constitutional majority, is declared failed. Senator Watson.
Yes. Could I ask for postponed consideration?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson seeks leave to have this bill put on the Order of Postponed Consideration. Leave is granted. Senate Bill 1229. Senator Fawell. The Order of 3rd Reading. Madam Secretary, read the bill.
Senate Bill 1229. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fawell. 106 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 2l, 1994
Thank you very much. I think this is a little easier bill. This is basically the licensing bill for the bill collectors. It is -- been agreed to by the Department of Professional Regulation, and 1'11 be glad to.answer any questions.
PRESIDING OEFICER: (SENATOR DUDXCZ) Is there any discussion? Senator Rea. SENATOR REA) Thank you, Mr. Presldent. I do rise in opposition to this bill. And if you would look closely, you 'd notice that there are some lncreases in tbe fees. The proposed fee increase are rather significant. In fact, the applkcation fees are being ralsed by a thousand percent. Renewal fees are being raised two hundred and forty percent annually. And this action is meant to generate approximately a hundred and fifty thousand to the Department, which -- at the present time, they're receiving twenty-five thousand a year. So lt's six times as much. There are several people that are still concerned about this legislation. The bill has made progress. Qhere has been some negotiations tbat have taken place, and for instance, the Bar Assoclation still has considerable concerns about thls particular bill. And I might point out to you, that there is nct an urgency for us to act on it today, or during this Session, because it does not sunset until December the 31st of '95. Now what Ne really need to do is to have additional work done on this bill, so that we can then end up with some good legislation. Because this particular sunsetting would carry us until January the 1st, 2006. It was in committee, the -- the Departnent even agreed that it needs to be worked on more. I would ask you to vote No on lt. I think that it should have gone to subcommittee - a working subcommittee - hearings should be held, negotiations should I 107 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 continue, and then come back during the next Session and pass the I legislation that is needed. So I would ask for an -- or a No PRESIDING OFFICER: (SENATOR DUDYCZ) I Any further.discussion? If not, Senator Fawell, to close.
Thank you very much. First of all, thls is the Illinois Collectors Association bill. They have agreed to those fees. The -- the fees are to go into a dedicated fund, which Was also agreed to by the Department cf Professional Registration <sic>. The only thing that the Bar Association is even looking atr very frankly, is language that is already in the Statute that they Would like to have taken out. It has nothing to do With this bill. The one 4. . that has negotiated this bill ln good faith, with a11 parties, is frankly not myselfr but is Representative Lang, over in the House. As a1l of us know, the Houser needless to sayr is in a quandary over there, and sc he asked me if I wauld take this amendment - which he drew up, which everybody agreed to, including the collectors - and as a Democratr he asked me if I would take this bill and mirror h1s bill, so that we could get it passed. He is an attorney. He does a 1ot of collection work. He is the one that has done these negotiations. It is agreed to by the collection -- the Associatlon of Bill Collectors, and it seems tc me it is a reasonable blll. Why in the world should we be objectlng to thelr own bill, when it ls they who have agreed to it, and they Nho have looked at lt and asked us to pass it ln the present form? I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question isr shall Senate Bill 1229 pass. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have all voted who wish? Have a11 voted Who Wish? Have a11 voted who wtsh? Take the record. On that question, there are 32 Ayes, l08 ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 23 Naysr and 1 voting Present. Senate Bill 1229, having received the required constitutional majority, is declared passed. 0n the Order of 3rd Reading: Senate Bill 1253. Senator Carroll. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: Senate Dill 1253. (Secretary reads title of bill) 3rd Readin: of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Carroll. SENATOR CARROLL: Thank you, Mr. President, Members cf the Senate. This bill is because, if you think about a situation happens When a person's walking down the street; car pulls up; bunch of people get out; beat up that person. Not because they know them because that person happens to be of a certain race, or certain creed, a certain colory some other reason like that. 0r skores on strip shopping get their windows broken not because, even though it be a crime, somebody wants to break in and steal something but because the store happens to be owned by Arabs or Asians. Or, like ln my district, a place of learnlng gets torched. Arson itself is a crtme, but it was not for any pecuniary reasons, not because they wanted money but because it was a place of Jewish learning. A11 of these are instances of crimes mctivated by hate. Something, as Art Berman talked about earlier, the Governor talked about today, is something our society should no* allow. Illinois has been in the lead of trying to do something to stop these instances of hatey but as State's Attorney O 'Malley has said to us, ''unfortunateLy, last year alone, there Were eighty-three cases of a person being convicted for the second time.'' The motivation for these crimes is not against the personr or the store: or even the place of learning, but it's to put fear in a people, whatever 109 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2ly 1994 those people happen to be, so the punishment shculd fit that crime. And not be the same if it was jus: against you cr me: but because they are trying to punish a whole people, the punishment ( shculd equally be that much harder. Bill does four things. It basical.ly says, if it's a first cffense and if community service is established ln that county, they nust do two hundred hours of community service as a minimum sentence. If in factr itls over three hundred dollars of damage to an institutionr it wculd be a Class 2 felony. If it is a second offense of a felonious type, it would be a non-probationable offense. And the fact -- fourthly, that the fact that it was a hate crime can be used by the judçe kn aggravation in giving sentence. I wculd be Willlng to answer any questions. Would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question isz shall Senate Bikl 1253 pass. Those in favor will vote Aye. Oppcsed will vot.e Nay, and the voting is open. Have al1 voted Who Wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 57 Ayesr no Nays, and ncne voting Present. And Senate Bill 1253, having received the required constitutional majorityr is declared passed. Senate Bill 1258. Is there leave to return to Senate Bill 1258, when we reach the other appropriation bills on page 5? Is leave granted? Leave is granted. On the top of page 3 of your Regular Calendarr Senate Bills 3rd Readlng. Senate Bill 1274. Senator Watson. Madam Secretary/ Eead the bill.
Senate Bill 1274. (Secretary reads title of bll1) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson. 110 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
Yes. Thank you , Mr. President. I've -- this is the third time I've explained this -- thls particular piece of Legislation, but we'11 do it once again. This is the Chicago Learnkng Zone legislation, dealing wlth the City of Chicago only. And thls spells out the recommendations that cane forth from the Chfcago Learning Zone Commission, which we established last year by State Statute, and who now makes their recommendattons of -- which We have here before us now . It creates the Chicago Learning Zone Commisston, and spells out the means by which it Will approve petitions and -- and report any statutory waivers requested by those petktions. The Commission wtll consist of seventeen members, the Governor, the State Superintendent, the President of the Chicago School Board , the Mayor of Chlcagor nine gubernatorial appointees with the advice and consent of the Senate, two coming from the Chtcago Teachers Union, two coming from other Chicago school unions, one Chicaqo school princlpal, two from the local school councils and two from community organizations. And then one member each appointed by the four Legislative Leaders. This spells out the criteria by which a school Would become a Learning Zone School. This establishes some linitations. It creates some nonwalvable mandates. It must report on those mandates and walvers, and it establishes the Learning Zone budget practices. And it establishes means by which to revocate a Learnin: Zone. Ifd be glad to answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Berman.
Thank you: Mr. Presidentr Ladles and Gentlemen of the Senate. A couple weeks ago I was the cosponsor wkth Senator O 'Malley and Senator Watson for the amendment that is this bill. But as the debate has gone on regarding this bkll, and more importantly, some l11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 debate that has been held in the past couple daysr including this morning in the Educaticn Commlttee, I ncw stand opposition to this bill, and I will tell you the reason for my opposition. What we have tried to do this morning was to encourage some innovatlonr some unique thinking and some initiative in Chicagor that would bring to Chicago the opportunity to operate some of their schools without some of the restrtctions that presently exist. And in this bill, there is a process which I advocated as a member of the commission, and which sets forth that if you wanb to be a Learning Zone School you've got to set forth what rules and regulations and laws you want to waive and why you want to waive them . And think that's very impcrtant. Instead of just giving a blank check as to hoW to handle our chlldren, you dve got to set out plan as to hoW youdre going to handle our children. But the problem is not only with this bill, but with the bill that we're gcing to be debatlng in a little while, and that's Bill 1716. That's the Charter School bill. And when I go back home and kalk to ny constituentsr they want to know why in the Norld do we talk about Learning Zone Schools and Charter Schools? And what's the difference? And why are there two dtfferent bëlls, that that downstaters are dictating to Chicagoans? So thls norning What We tried Eo do was to combine the best elements of both bills. But my friends on the other side of the aisle, on a partisan roll call: said ''No, wedre not going to take the best parts of bcth bills; wedre going to impose upon you what we want to impose upon you.'' And that is an impasition an lmpositlon of perhaps fifty-five separate schools serving forty thousand children in Chicago under this bill. And another fifteen schools, serving don't know how many children: under the Charter School billsy and it really happens that the Members of the majority party Senate don't want to listen to Chicago Senators make suggestions out of -- hcw to respond to an innovative initiatives to address STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 our children, and deal with our schools, and respcnd to our citizens, whose children attend Chicago schools. dcn't thlnk that's responslveness. don't think that's fairness. I don't think that is collaboration or cooperation between those of us Who represent constituencies Chicago, and are concerned with inncvative ideas in education. I'm sorry has reached that point. But until see something where there's a little credence given to those of us who represent Chicago, I'm going to ask for a No vote on this bill, and on the Charter School Bill. Thank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. also stand in opposition to this bill. We are basically talking about here, turning over forty thousand.youngsters in the Chicago public school system to a Commission where the Governor will have control over thirteen out of the saventeen appointments. The Governor . also appoint the Chair. Now I am sure there are some legislators here who think that that's a wonderful ldea. But I would argue that it is not a wonderful ldea. I would argue that what the Governor should be doing, instead of trying to create a new schcol district in the City of Chicago, without glving it one additional cent, without giving it the resources it needs to be able to deal with the problems of overcrcwding, with the problems of school safety, that wi11 require additional resources to alleviate. Without giving it one more cent, the Governor wants to create a second school district in the City of Chicago, to be controlled by the Governor. This Commission will be able tc grant statutory waivers, but not included on the list of nonwalverable mandates is bilingual education. so thereforey think the Governor of the State of Illinois feels that children Who are limited English-proficient don 't have the right to an education. And even though he was ll3 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 asked, hks staff Nas asked, to include bilingual education on the 11st, it was not done. Now I don't fully understand that: given Ehe Governor's campaign activities in the Hispanic and Polishr and other ethnic communities in the City of Chicago. I just don't understand why the Governor does nct want to be responsive in that department. So I ask you to please also consider that this commission, even though it's controlled by the Governor, it still - - lt still can be overruled by this Body -- by the General Assembly. This bill allows for the General Assenbly, by resolution, to change the plan of the Commission. So therefore, the General Assembly can dictate to a Conmission that's already controlled by the Governorr what it Will do in this school district, this new school dlstrict that is going to be created . I certainly don't think that that's the way to go. It is in contradiction to what we've been preachlng all along about lccal controt. And the most important point here is that it doesn't add one single cent - not one single cent - and I think that's the biggest crime of a1l here. Not giving these kids one additional cent in -- in a school dlstrict that is in dlre need of resources. So I ask for a No vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senatmr Palmer.
Thank your Mr. President. Question of the sponsor?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicakes he WLll yield. Senatcr Palner.
Senator Watson, how are these Learning Zones paid for?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Yes. Thank you. The designation of a -- as a Learning Zone 114 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l: 1994 School will entitle it to receive its funds in a lump sum allocation, based on the number of enrolled regular and special need students. It shall include operating funds for salaries, supplies, equipmentr repairs, and a1l the necessary budgetary matters of the school.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.
So in other wordsx this comes out of the operating budget for the Chicago Public Schools?
PRESIDING OFPICER: (SENATOR DUDXCZ) Senator Watson.
The ansWer to that Would be Yes, just as your schools do now.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Palmer.
Was the Superintendent cf the Chicago Public Schools a member of the Commissicn?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
The President of the School Board Was, bu* the Superintendent was not designated. The State Superintendent was, but not the Superintendent of the Chicago Public Schools.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.
And to whom Will these Learning Zones report? HoW Will they -- they be accountable?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson. 115 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 2l, 1994 i I
There is the Commission that we talked about: of seventeen members. Also the General Assembly has certain veto pcwers over those statutory waivers that Senator del Valle Nas talking about.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Palmer.
Last remark, to the bill: so what we're asked to vote for is a bill that takes a significant anount of money out of the operating funds of the Chicago Board of Education - a board that is already strapped for money - to create side bar schools, where the Superintendent of the schools in Chicago was not even a member of the body that made decisions about how this should be created. And it will now be micromanaged by a Commission that does not include the Superintendent, and apparently includes very few Chicagoans. A lump sum will be given to this body, and it is not spelled nut how that will be accounted for. In other Wordsr We're back to the usual, where people who are not in Chicago, and in thls case are now in the State, are dlctating what Chicago should do. It gets wearisome; it really does. I would hope that We Would vote No on this bill, and I Wish there Would come a time when you would let Chicago make its own decisions on its cWn schools, and its own children.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senatcr Demuzio. Senator Jones.
Yeah, thank ycu, Mr. President and Members of the Senate. I rise in opposition to Senate Bill 1274, and I echo the comments of Senator Berman, as well as Palmer and de1 Valle. But tc go even a ' little further, it is the euphemism that ls used that sends the wrong signal to the children of the Chicago Public School System. Here you are saying welre having a Learning Zone. Then what about 1l6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 the other ninety percent of the students who attend the school? Is that a non-Learning Zone? That only -- only the -- the students who attend -- attend this area will receive an education. Just the Nhole concept of this proposal is bad for a1l the children of Chicago Public Schools. And on top of that -- on top of tbat, the Governor has proposed even bringing in Charter Schaols. Who knows what he is going to come up with tomorrow? these different zones just in the City of Chicago. The best thing for the Governor to do, if he's really concerned about education, is give the Chicago schools to -- What it ls entitled to and give it proper funding so they can have a11 the programs necessary to meet the educational needs of the children. But to have a specifically area designated that this is the only area that is considered a Learning Zone, does not work ln the best interest of educating all the children of Chicago public schools, and this bill should be defeated . PRESIDING OFFICERI (SENATOR DUDYCZ) Any further discussion? If not: Senator Watson, to close.
Yes. Thank you, Mr. President. What a difference a caucus makes. Thig morning Ne -- this proposal Was presented by Senator Berman in the Education Committee as the answer to the Charter School. This -- this was his answer, was what we have before us now . This was his bill, that -- that he presented before the Education Conmittee. This bill's actually supported by Chicago Teachers Union. That's a switch, lsn't it? Here we are over here advocating change which is supported by the union. They filed in support of this, and testified on behalf of You know, I've heard thls argument before about those of us that may live outside the -- the City of Chicago coming and trying to tell maybe the schools of Chicago what's best for them. don't know, Mr. Presidente about you, but I lived in the City of Chicago, and STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 21, 1994 represented a school system that graduated less than fifty percent of those students who entered -- entered those classrooms as freshmen, I'd be a little bit embarrassed. 'A11 we're doing here is to try to create a llttle flexibility in the process within the City . What can this hurt? And you're worried about who is sitting on this Commission. There's only two individuals that may live outside the Cityr out of the seventeen. One of them is the -- is the Governor. The Governor -- where's he from? Charleston? Springfield? Has a place in Chicago. State Superintendent; she - the temporary Superintendent - is from Joliet. Every single one of the other appointees could live Nithin the City. This is a recommendation -- this is a recommendation -- what we have before us here today, rlght now, is a recommendation of that very group who Senauor Berman sat at that table and agreed to the proposal we now hav.e. This is totally permissive. Thks does not Eequkre any school -= we're not establishing some new school scmewhere - thls is a Kchool-within-a-school concept. Thts is a Learning Zone. This is not creating more dcllars to be spent. It is totally permisskve. Again, flexibility. And I think thatss something that many of us on this side have asked for the last couple of years, is give some school systems - nob only in the City - but throughout this State, some flexibility in being able to function best for the kids that they represent. And that's a11 we're trying to do, Mr. President. And I appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1274 pass. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have al1 vcted who wish? Have al1 voted who Wish? Have a1l voted who wish? Take the record. On that question, there are 31 Ayes, 26 Nays, 1 voting Present, and Senate Bill 1274, having received the required constitutional majority, is declared passed. Senator Hendon, for what purpose do you rise? I l18 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
Verification of the rolL.
PRESIDING OFFICER: (SENATOR DUDYCZ) That request is in order. Will al1 Senators be kn their seats. Senator Hendon has requested a verificatlon. The Secretary will read the affyrmative votes.
The followtng Members voted in the affirmative: Barkhausen, 3urzynski, Butler, Cronin, DeAngelis, Dillard, Donahue, Dudycz, Ralph Dunn, Fawell, Fitzgerald, Geo-Karis, Hasara, Hawkinson, Karpiel, Klemm, Lauzen, Madigan, Maharr Maltland, O'Malley, Peterson, Petka, Rauschenberîer: Sieben, Syverson, Topinkar Watson, Weaver, Woodyard and Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Does Senator Hendon question the presence of any Member voting in the affirmative?
They all made lt back.
PRESIDING OFFICER: (SENATOR DUDYCZ) On a verified roll callr the Ayes are 31, the Nays are 26, those voting Present are 1. And Senate Bill 1274: having received the required constitutional majority -- bill ls declared passed. On the Order of 3rd Reading, Senate Bills Senate Bill 1311. Senator Molaro. Madam Secretary, read the bill.
Senate Bill 1311. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro.
Thank you, Mr. Presidentr and Ladies and Gentlemen of the STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day April 21, 1994 I Senate. This bill creates the Credit Reporting Licensing Act. ! For informational purposes, over -- and this comes from a figure from the Department of Financial Institutions -- over four hundred billion dollars - four hundred billion dollars - Was given out in home mortgages -- residentlal mortgages last year. A few years ' back, in the infinite wisdom of the Federal Governmenty banks, savings and loans, mortgage companies, cannot produce their own -- thelr own credit reports. Now for those of you who ever bought a home - and you would know this - that when you go and you apply for a loan, the first thing that they ask for, is they ask for seventy-five dollars - or they put it on your charge - that you have to go out and get a credit repcrt. While the banks and savings and loans can't do it themselves, so what they do is they have what they call these little credit reporting agencies. They get their data from bigger companies - credit bureaus; so ncw they put thls data together - these little credit reporting agencies; they put it together and they go to the mortgage company, or the bank and the savings and loan. Now I don't care What you put on your application, I don't care what ycu're putting down, I dcn't care what you say your net worth is, if that credit report says you're a bad risk, you do not get the loan. And vice versa - if they say you're a good risk, then you get 1t. So everything relies on this little credit report that's being done by these credit reporting agencies. Four hundred billion dollars of -- of -- of the money in this State is given out by this little credit report, put together by a credit reporting agency. Well, Ehey do not have to be licensed. They do not have to be bonded. If they - - if they're wrong and we don't get a loan, there 's nothing we can do about it. We can complakn all day long; the State can do nothing about 1t. If we go to sue then, they could say ''I don't have any moneyy'' and open up next door. lf -- if a mortgage company who gets burned by these people want to go out and sue l20 . STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 them, they can't, because they have nc money. A11 this bill calls fcr is -- since it has become such a part of our economy, that if you want to be a credit reporting agency, and you want to be in the middle of it the cog on these four hundred billkon dollars worth of loans - that we ask that you come in, registerr be licensed by the State, and post a hundred-thousand-dollar bond. Myself and -- and -- and a feW of the other Senators - Republican Senators - we checked out What bonding Would be: and we'd get anywhere from ten to twenty dollars per -- per thousand. So we're talking about them coming up with about a thousand dollars, tWo thousand dollars, for the bond, and maybe about twc hundred dollars for the licenslng fee. That seems like a very small price to pay, considering how many loans are given out and how inportant of a cog that they are. So Would ask for a favorable roll call.
PRESIDIMG OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator Topinka.
Yes, Mr. President, if I may, a question of the sponsor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Topinka.
And -- and I certainly admire what youfre trying to do here, Senator Molaro. The -- the bill had a number of people asking a number of questions, and there was scme contentiousness about how this was a11 coming together in ccmmittee. Are you through amending this billr because it strikes me that we Were still antkcipatknq another amendment?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro.
The -- the answer to that is, as it stands nowy we are puttin: no amendments on as -- as it's before you. As it goes over to the 121 j 88TH STATE OF ILL GENERAL INOIS ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT ! 108th Legislative Day April 21r 1994 House - and there's a House Bill that is exactly the same - We are going to be talking with the Director. The Director of Financial Instituticns is conlng up with rules and -- rules that we may make part of this bill, that will waive the bonding requirement for anybody who's been in business a certain amcunt of years, or has the financial responsibility, cr comes with an audited statemenb showing that he's not a fly-by-night company, that he has some stature to himr and that the bond can be waivedr Which was the main concern. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Topinka. SENATOR TOPINKA: So am I understanding correctly, this blll will be coming back to the Senate with an amendment? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro. SENATOR MOLARO: That -- that is my understanding. House Bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further... SENATOR MOLARO: A House Bill with an amendment. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Weaver. SENATOR WEAVER: Thank you, Mr. President. A few questlons of the sponsor, senator Molaro . PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield, Senator Weaver. SENATOR WEAVER : Does any other state in the United States license credit reporting bureaus? 122 I ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESTDING OFFTCER: (SENATOR DUDYCZ) Senator Molaro.
- - I'm not sure of that answer. I1d have to ask staff.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
Well, don 't kncw of any other states in the United States that license credit reporting bureaus. Al1 of them are operated under -- or regulated under federal law nowr and who wants this blll?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Mclaro. SENATOR l4OLARO: Thene are a bunch of credit reporting agencies that are existing. now, credit bureaus that are existing nowr that want to end the .practice of these fly-by-night companies. I have in front of me, from the Illinols Attorney General's Officey over two hundred complaints that are filed with him that he can do ncthing about. So in addition to credit bureausr you have a 1ot of people out there and a lot of constituents that would like to see this type of lndustry w1th some type of reporting and -- and -- and lëcensing some type of regulation by the State of Illinots.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaver.
Well, I think the problem is, particularly downstate, there are many small credit bureaus downstate that probably don't do the volume that you lre talking aboutr but they serve a regional area . And in some of these cases, I'm -- I'm not sure that they 're even going to be able to afford or could get a bond . That's one of my Conce rns . l23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Weaver.
I understand that there -- it's not even clear that these types of bonds even exist.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro.
They do. Senator Syverson and myself, we've -- we've called up, I think it's SF&G -- what's the biggest bonding company? SF&G and they will bond for about twenty dcllars -- twenty dollars a thousand. The other question 1s, Senator Weaver, to allay some of the fears, and I've talked to some of the smaller credit bureaus, if they show some scme minimum of financial stability, as well of years of service, they will be exempted from the bonding requirement.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senator Syverson.
Yes. rise in support of Senator Molaro 's bill. There are bondings that ts -- that is available for then; certainly Woukd be a reasonable cost. I think the concern and the reason for this legislation: that was probably not necessary in the past, is the use -- is the use of computers now. Anyone with a computer and a modem can tie tnto TRD or other companies and -- and call themselves reporting agencies. And We get a lot of people who are - - are setting this up dokng it on the side to make a few dollars, and they could certainly be selling the servicer yet not be qualified to do this. This is just going to show that they've got some financial stability, that they're going to be in -- in this game, they should be able to protect themselves from making those mistakes and giving both the -- the banks or the -- cr the STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21y 1994 creditors: as well as the individuals who are wronged, a chance for recourse.
PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator Watson.
Yes. I1d like to ask the sponsor a question.
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates helll yield. Senator Watson.
In behalf ofr and in memory of Jack Schaffer, have these people held a reception yet? END OF TAPE TAPE 4
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further dlscussion? Senator Watson.
That Was only for those of us who've been around when Jack Schaffer Was here. But -- seriously, have a -- I have some concerns, and it kind of follows think, a little bit, what Senator Weaver Was talking about, is the impact that this nay have on downstate small financlal institutions. I -- I actually see here in the -- in the proposal, or in our analysis, that this was opposed by the Department of Financial Institutlons, and the Credit Bureau Association of Illinois. I'd like to ask a serious questlon, if couldr of the sponsor, and that -- and if he would respond: How will this impact smaller rural institutions?
PRESIDING OFFICER: (SENATOR DUDYCZ) 125 STATE OF ILLINOIS 88TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 21z 1994 Senator Molaro.
have what it comes down to ehis. We are we are working with Jack Schaffer, who served in this Body for twenty years -- is a Republican. He is for the bili , and the Department is for the bill, so 1 1 don't know where the analysis cane from. However, we are working, where someone such as the downstaters who have been in business for -- for the period of years we're talktng about and have been doing thts for so long, they -- the provisions of the bond would be waived. We're talking about a two-hundred-dollar licensing fee. And even they 're not waived, even if someone doesn't get the waiver, we're talking about them getting a bond that would cost tWo thousand dollars. Ncw I know -- I'm not going to laugh at two thousand dollarsr cause two thousand doklars is two thousand. However, they're in this businessr and they're out there in the business of declding who gets lcans and who doesnfty and We're talking about four hundred thousand a year. And even When I talk to some of the people from the Illinois Credit Bureau, their volume isn't that small. So even they 're stuck - which subnit to you they W111 not be - but even someone is stuck, they're talking about two thousand dollars maxlmum, and two hundred dollars minimum, and that's the range; that's the impact on these small businessmen.
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Watson.
Welt, thank you, and I appreciaEe your response. think this is one of those bills that, if it becones lawy we pre going -- a11 of a sudden you 'll be getting calls from back home wondering What have you done to us nou. I think we ought to keep in mind what this legislation actually does, and it's going to increase costs. And which -- what that does, is increase the costs to our l26 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY : REGULAR SCSSION SENATE TRANSCRIPT 108th Legislative Day April 2lz 1994 constituents. So I think we ought to look very carefully at this proposal. Thank you. PRESIDING OFFICER: (SENATOR DUDYCZ) i Any further dlscussion? Senator Sieben . SENATOR SIEBEN : . Question of the sponsor? I FRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Sieben. SENATOR SIEBEN: Senator Molaro, in -- in presenting this bill in committee, you heard the testlmony of the representatives of the twenty-five credit bureaus who had questions concerning the legislation. My question to you isr are you actively tnvolved in discussions With the representatives of the credit bureaus who had concern wlth the legislation? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Molaro. SENATOR MOLARO: Yes. It is -- is my understanding that I have met, they have - - the labbyist for Transunion, which is the major player and underwriter of a11 of this, have met and they have talked about, if they dre -- what their working out with Schaffer, if it needs to be codified and made into law, it Will become part of this bill, or will become what the -- part of the House Bill that is ccming over here to be anended. PRESIDING OFF:CER: (SENATOR DUDYCZ) Senator Sieben. SENATOR SIEBEN: And it -- it is your -- as I understand it, it is your intention to amend this legislation to take into consideration the concern of the credlt bureaus. j ' PRESIDINGOFFICER: (SENATORDUDYCZ) l27 1 I ' STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Senator Molaro. SENATOR MOLARO : Yes. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Sieben. ' SENATOR SIEBEN: Mr. Presidentr then I Would suggest in supporting the Gentleman's legislation. There is a difference between a credit reportinq service, that in Senator Molaro's area seems to be a I fly-by-night operation that needs scme regulation - some oversight - and a difference between them and a credlt reporting, or a credit bureau. And with his commitment here to work on this legislation, I think we can vote in favor of thls legislation. It had a gcod hearing in committee. The parties a1l know What they want to accomplish, and I would suggest an Aye vote on the leglslatinn. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Cronin. SENATOR CRONIN: Just briefly, Mr. President, Ladies and Gentlemen of the Senate. I rise in support of the blll, as a cosponsor. My understandlng is -- is, and this is my commitment to -- to this bill, and the responsibility to my Members is that thls bill Will be amended, to take into consideration the smaller agencies. I think the point here though, and why we want to move on this now is - aside from the fact that it is a deadline day - is that if -- if -- if you don't have constituents that have been harmed by inaccurate informaticn from credit reporting agencies, I do. And they don't purge these records regularly sometimes when someone's had a problem, and has it -- and theyfve cleared it up, and then they subsequently go to apply for a mortgage or a loan and they can be harmed, and it can be significant. And so, I think that ; 128 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day Aprll 21, 1994 this is -- this is a good bill, a/d I think it is promoting a gcod pclicy. I ask for your favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Molaro, to close. SENAYOR MOLARO: . For the sake of brevity, I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1311 pass. Those in favor will vote Aye. Opposed will vote Nay, and the vcting 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 45 Ayes, 9 Nays, 3 voting Present, and Senate Bill l3l1r having received the required constitutional majorlty, is declared passed. Senate Bill 1318. Senator DeLeo, do you Wish thls bill returned tc 2nd Reading for purposes of an amendment? Senator DeLeo seeks leave of the Body to return Senate Bill 1318 to the Order of 2nd Reading for the purpose of an amendment. Hearlng no objectionr leave is granted. On the Order of 2nd Reading is Senate Bill 1318. Madam Secretary, are there any Floor amendments approved for consideration?
Amendment No. 3, offered by Senator Dudycz.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there leave to have Senator DeLeo handle Amendment No . 3? Leave is granted. Senator DeLeo. SENATOR DeLEO: Thank you, Mr. President. Floor Amendment No. 1 <sic> (3) -- this amendment is being offered to give the voters an opportunity to vote on whether the precinct in which they live shall become part of the territory of the home equity program . We passed a home equity bill a few years ago, and so it was prior to l29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 redistricting the Chicago wards, prior to the 1990 census have I been changed and this would allow them to be covered in the home d I i equity assurance program .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, a11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. I ' Any further Floor amendments approved for consideration? !
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 1318. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: i I Senate Bill 1318. (Secretary reads title of bill) 3rd Readiqg of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeLeo. I SENATOR DeLEO : Thank you, Mr. President: and Members of the Senate. The I amendnent becomes the bill. This just gives the voters an opportunity for a referendum to become part of khe hcme equity. It has to be a contiguous precinct. And the amendment becomes the I bill. I ask for a favorable roll call. !
PRESIDING OFFICER: (SENATOR DUDYCZ) Any question? If no* -- any discussion? If not, the quesEion is, shall Senate Bill 1318 pass. Those in favor Will vote Aye. Opposed will voEe Nay, and the voEing is open. Have all voted who wish? Have all voted Who wlsh? Have a1l voted who Wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. And Senate Bill 1318, having received the required constitutional majority, is declared passed. On the Order of 3rd 130 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day Aprll 21# 1994 Reading, Senate Bills. Senate Bill 1323. Senator Watson. Madam Secretary, read the bill.
Senate Bill 1323. j i (Secretary read title of bill) . 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Watson.
Thank you. Senate Bill 1323 does exactly What the calendar says: it amends the Capital Development Board establishing specific standards to determine the priority order of school constructlon projects. This originally was a bill dealing With . ; bondlng authority for construction and for technology. Due to the lack of -- of funds and resources to retire those bcnds, wefve decided to proceed with this partlcular amendment, which now -- ' which was Amendment No. 3, Whlch now beccme the bill, in hopes, naybe, that if there is a revenue source out there somewhere in the near future, that maybe we can revisit the bonding program for construction and technology. . But however, this -- this does establish the priorities, and those priorlties are six in number. It's replacement or reconstruction due to natural disasters or fire. If a district's experiencing a shorttng of classroom space i because of population growths. Number three, reorganization of I school districts, based on local referendum. Number four ls accessibility alterations. And number five, continuing health life safety problems, and then possibly other unique si*uations. That's the bill at this particular point in time. Appreciate ycur support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Demuzio .
l3l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l08kh Legislative Day April 21, 1994 Thank you, Mr. President and Ladies and Gentlemen of the Senabe. Firsb Of all, I want to be removed as a cosponsor of this I E bill. If -- if -- that's my request. Number oner Senator Watson iS absolutely Correct that When this bill started cut, it skarted out for a very laudable purpose, and that was to sell general obligation bonds over eight years, to establish a one-billion-dollar program for technology grants. So there Were specific criteria in that blll. It would encourage students, motivation tc learn, enhance teacher training. It would increase communication in parental involvement. It would improve curriculum . It would provide additional resources in the classrooms to improve student achievement, and would certainly increase opportunities to learn throughout the State. But this bill was gutted. By virtue of amendnent - Senate Amendment No. 3 - it merely does that which is already the priority to the State Board cf Educatlon. They're already using the criteria that is in this bill, and there is no bonding authority for -- as Senator Watson indicated, one dime of money for technology. Why was the bill gutted? Good -- good -- good idea. Why -- why was the bill gutted? This is the Governor who told the Technology 2000 group that: quote: ''I am asking you to chart a course that will ensure the technologies available in our classroomz and that will ensure our teachers have the knowledge and skill to take advantage of it. And that's the same day that the Governor was making that speechy when he asked Senate Bill 1323, I assume, to be gutted - the very same day. What is the Governor's plan? Well, I guess he doesn't have one. So this proposal heref as it leaves here is simply a . shell -- it is simply a proposal that -- which ls already being ' done by the State Board of Education. It started out as a laudable clause, it certainly today is a toothless tigerr and I -- I don't think it makes any dtfference Whether you vote for it or whether you don't. 132 kj. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Berman.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I Wanted just to.share with a11 of our colleagues some of the I conversation and debate that was -- that took place in committee this morning. Senator Demuzio points out that these criteria are already used by the State Board of Education. But for the first time, we are incorporating these criteria into Statute. To give you a little bit of the background regarding bonding for school construction and rehabilitation in Illinois, We have classically: I at the appropriatlon level, and Senator Maitlandr Idm gcing to mention your name, so I -- I -- I donft necessarily Want a i response, but I want to tell you that your name has been mentioned in our. debate in the Education Commlttee. That When the approprietions have taken place in the previous allocatlon of bond money, to the schcol districts: it has been on a basis of twenty-five percent to Chicagor and seventy-five percent to a11 the school dlstricts outside Chicago. With the setting out of these criteria in the Statute for the first time, I suggested this morning that we set out in the Statute that any future bonding -- the bonding was taken out by thls amendment, but any future bonding dealing with school construction or rehabilitation, still set forth the classical agreement that we had of twenty-five percent for Chicagor and seventy-five percent for downstate. Someone asked ne facetiously, and I -- I gave them an honest answer. I thought that's a fair split. And I don 't know how these criteria will work out. But I thlnk that twenty-five/seventy-five is a -- a fair splitr and that this was to protect the seventy-five percent for downstate as well as the twenty-five percent for Chicago. My amendment was rejected again on a partisan roll call in our ccmmittee. I would -- it was 133 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 suggested in there, that at the apprcpriation level now that means at some point when we do authorize increased bonding: and we start to put money into the appropriation process, that there is a a enactment of the seventy-five/twenty-five With the concurrence of the Chairman of the Appropriatlons Committeer that some of the Members in the Education Committee would abide by that. Some of the other Members said that they would consider I'm just putting this lnformation out, that's -- this is one reason I'm voting No today, because this is a change in what we've classically done without any commitment that downstate will be protected as to the extent of seventy-fivey or that Chicago will be protected as to twenty-five. And until we are willing tc assure ourselves of where this order of priorities are goingr I'm not ready to support this bill. Thank your Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. I also am very concerned about the list cf priorities here. As Senator Berman said, we are putting this into the Statute. In Chicago we are in dire need of new construction to relieve severe overcrowding. We're also in need of renovating many of the schools that are decades old - some eighty, ninety, a hundred years old. And this list of priorities does not guarantee that we dll get some relief in the near future, and so I would urge a No vote, given the list of prlorities that has been established by this bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Watson, to close.
Yes. Thank you, and I appreciate the connents by the Members of on the other side. And -- and I understand somewhat Senator Demuzio's concernr because after all, introduced the bill that 134 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 created the -- the billion-dollar-prcgram for technology and I'm very supportive of it. But I think it would be irresponsible for us here to pass legislation that obligates us in out-years I expenditures. That's how we got ourselves in -- in some of the financial problems we're in today, is simply passing legislation that has fiscal impact in -- in the out-yearsr and this one certainly would have. So I think we need to establish a revenue source for this, and this was not gutted yesterday or whenever it was that Senator Demuzio mentioned when the Governor was giving his speech at the technology summit. The Governor's very supportive of the technology issues, and technology approach to the problems of -- of education in -- in this State. But I -- and Senator Berman mentioned in committee today, about this -- this unwritten rule, or gentlemen's agreement, about the twenty-five percent for the City. I -- 1911 tell you -- and he asked me if I would give my word, as far as supporting thls, when it -- when it came time. Because this isn't the time; there's no money herer so as a resultr this is not the time to be discussing that. But I'm not somebody who gives my word in a cavalier attltude, and wh:n I say something and I make a commitment, 1'11 do it. And I would not do that this morning, because that's the responsibility of the appropriations committee. That's not the Education's Committee's responsibility; that's somebody else's. And if *he Chairman and the pecple that are on that Appropriations Committee, Senator Berman, of which Senator Hall and Carrcll and Hendon and Smith and Severns, and certainly Senator Demuzio, are representing your concerns on that appropriations committee, and that's where that commitmenk should come from. And that's when khak time, that that shculd be dealt with. A11 We're doing here is establishing some priorities, by which construction grants will be granted throughout this State. And I ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) l35 E STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 The question is, shall Senate Bill 1323 pass. Those in favor ï will vote Aye. Oppcsed uill vote Nayz and the voting is open. Have all voted Who wish? Have all vcted Who wish? Have all voted j ! who wish? Take the record. On that question, there are 31 Ayes, ; 27 Nays, none voting Present, and Senate Bill 1323, having 1 ! received the required constitutional majority, is declared l passed. Senate Bill 1324. Senator DeAngelis, do you Wish this bill returned to the 2nd Reading for the purposes cf an amendment? Senator DeAngelis seeks leave of the Body to return Senate Bill 1324 to the Order of 2nd Reading fcr the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1324. Madam Secretary, are there any Floor amendments apprcved for consideration? ACTING SECRETARY HAWKER: Amendment No. 3, offered by Senator DeAngelis. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis. SENATOR DPANGELIS: . Thank you, Mr. President. Amendment No . 3 is a clarifying anendment that was requested by Senator Berman and some other I Senators. It sinply identifies what obligation means, and what employee means, and what salary expense means. I urge its adoptlon. PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, those ln favor, say Aye. Opposed, Nay, and the Ayes it, and the amendment is adopted. Any further Floor amendments approved for consideration? ACTING SECRETARY HAWKER: No further amendments reported, Mr. President. FRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 1324. I Madam Secretary, read the bill. ! 1 l36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21# 1994
Senate Bill 1324. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ/ Senakor DeAngelis. SENATOR DeANGELIS: Thank youe Mr. President. Senate Bill 1324 started off as a bill whieh would allow the State Board of Education to make direct transfers to sehool districts across the State. Some of the superintendents got concerned, so we filed an amendment that d1d have a letter from the superintendents withdrawing their opposition. And then we created the Financially Distressed Educational Act, Which had certain criteria r which we discussed rather lengthily as an amendment, and then we have the anendnent that We just adopted, which clarified some things on that Pinancially Distressed Educational Act. Be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? not, the question is, shall Senate Bill 1324 pass. Those in favor will ' vote Aye. Opposed will vote Nay, and the voting is open. Have a11 voted who wish? Have a11 voted who Wish? Have al1 voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present, and Senate Bill 1324, havtng recetved the required constitutional majority, is declared passed. Senate Bill 1336. senator DeAngelis. Madam Secretary, read the bill.
Senate Bill 1336. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENKTOR DUDYCZ) STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 2l, 1994 Senator DeAngelis. SENATOR DeANGELIS: Thank you: Mr. President. Senate Bill 1336 afforded the taxpayers -- property taxpayers of the County of Cook, the same opportunities that those who reside outside of the county can have. Along with it, an amendment Was adopted in committee Which lowered the burden of proof -- lowered the ability to appeal from the burden of proof -- from constructive fraud to the burden of proof. And khen there was some concern on the part of the more legal experts on the Floor, and We changed that from burden of proof to preponderance of evidence. Think this bill is going to probably be worked on q little bit more in the House. This is, in fact, a very significant step, however, for the taxpayers of Cook County and -- and across the State, and J would urge passagey and we 'll keep working on it.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If nct, the question is, shall Senate Bill 1336 pass. Those in favor will vote Aye. Opposed will vote Nay, and the voting is open. Have a1l voted Who wish? Have voted who Wish? Have voted who kish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present, and Senate Bill 1336, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 1352. Senator Dillard . Madam -- Madam Secretaryr read the bill.
Senate Bill 1352. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard.
STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 2l, 1994 Thank you, Mr. President, and Ladies and Gentlemen of the I Senate. This bill addresses an interpretation that became ' confusing, which resulted from an Illinois Supreme Court case, dealing with consensual eavesdropping and the all-party consent provisions that's in the Illinois Eavesdropping 1aW.. And in the case called People vs. Beardsleyp the Supreme Court found that consent of a11 of the parties to a conversation in an eavesdropping situation really didn't mean that. It meant a1l parties are not required, if it was clear that the conversation, or somebody in the conversation, really didn't carry an expectation of privacy. And this bill makes a suggested change by the Illinois State Bar Association that Eestores an all-party consent provlslon to our 1aw in Illinois, regardless of whether the partles really intended their conversation to be private or not. It restores that, but then it goes on to create three exemptions to -- to the all-party consent requirement. The first thing I did was make a provision ldentical to a bill that passed this Body overwhelmingly a year agor and that makes an exemption for undercover police that are investigatlng felony drug offenses, felony streetgang offenses, forcible felonlesr where it's necessary to protect a police officer's safety. It's a very limited version of what about fcrty other states havey and Nhat federal agents have. The second thing the bill does in terms of carving a exemptlon for consensual eavesdropping is something that was subject to an amendatory veto by Governor Edgar a year ago, and it died in the House in the fall Veto Session, and that's to say that where police officers pull someone over for a driving under the influence type of offenser that the audio portion of a videotape of that type of stop by 1aw enforcement officers is also exempt from consensual eavesdropping kn Illinois. And the last thing, and the third exemption, exempts recording by crime victims. In other words if a stalking victim has someone call l39 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 them up on the telephone: they can clearly record that to help them in the prosecution of that crime against them r if they ' believe that -- that recordina'' will help ''' them obtain evidence that I I can be used to -- to prevent offenses. And finallyr the bill expands nonconsensual wiretap With a court order to include murderr money laundering and streetgang felonies. I Would be happy to answer any questions, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussicn? Senator Geo-Karis. SENATOR GEO-KARIS: Wil1 the sponsor yield for a question? PRESIDING OFFICER: (SENATOR DUDXCZ) ' Sponsor indicates he will yield . Senator Geo-Karis. SENATOR GEO-KARIS: Senatorr did -- did I understand you to say that you followed the Beardsley case in this? PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard. SENATOR DILLARD: Senator Geo-Karis, we worked off of Beardsley, but we -- we clarified just some things in the practice out there, especially among police officers, that makes Beardsley in the 1aw - in the Statute should this bill be signed by *he Governor - a llttle bit more clear. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not, the question isy shall Senate Bill 1352 pass. Those kn favor will voEe Aye. Opposed will vote Nayy and the voting is open. Have all voted who wish? Have a11 voted who wish? Have a11 voted who Wish? Take the record. On that questionr there are 55 Ayes, no Nays, l voting Present, and Senate Bill 1352, having received the required constitutional majority, is declared passed. Senator Klemm, do l40 STATE OF ILLINOIS 88TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 you Wish that Senate Bill 1364 be returned to 2nd Reading for the purpose of an amendment? Senator Klemm seeks leave of the Body tc return Senate Bill 1364 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Reading is Senate Bill 1364. Madam Secretary, are there any Floor amendments approved for consideration?
Amendment No. offered by Senator Klemm.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm.
Thank you, Mr. President. Amendment No. clarlfies a provision that was exempted in the original bill. It brings back to its original form , and I do ask for its approval.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any .discussion? If not, a11 those favor, say Aye. Opposedp Nay. And the Ayes have it. And the amendment is adopted. Any further Floor amendments approved for consideration?
Amendment No. offered by Senator Klemm.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm.
Amendment No. includes schcol board members for school boards and community colleges that Were inadvertently omltted from the original bill, and I ask its adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) there any discussion? If not, al1 those in favor, say Aye. Opposed, Nay: and the Ayes have And the amendment is adopted. Any further Floor amendments approved for consideration?
Amendment No. offered by Senator Klemm. STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 PRESIDING OFEICER: (SENATOR DUDYCZ) Senator Klemm . SENATOR KLEMM: Amendment No. 3 puts in a filing date for those members that were just included in Amendment No. 2r to have them file by October lstr since it's unable to file by the May lst deadline, since the bill wouldn't become 1aw until after that date. And I do ask for its adoption. PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? If not, a11 thcse in favor, say Aye. Opposed, Nay, and the Ayes have it. And the amendment is adopted. Any further Floor amendnents approved for consideration? ACTING SECRETARY HAWKER: . No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd .reading. On the Order of 3rd Readlngr Senate Bill 1364. Madam Secretary, read the bill. ACTING SECRETARY HAWKER: Senate Bill 1364. ' (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm . SENATOR KLEMM : Thank your Mr. President and Ladies and Gentlemen of khe Senate. What Senate Bill 1364 does is to clarify a provision that we did on the ethics statement las: year Ehat we adopted, and clarifies that it does not apply to members of boards or commissions who function only in an advisory capacity. It does ! now include school boardy elected board members - employees were covered and still remain to be covered - and it puts in the date of when they have to file, so that everybody now is covered under 142 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 the ethics bill. I do ask for its adoption.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Stern. SENATOR STERNI Will the Gentleman yield? .
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Stern.
I just Wanted to be sure I understood a couple things about this, slnce thls has long been an area I kanted to see change. Do I understand you to say the school board members have not had to file before this?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm.
Wellr we changed, as you know, last year frcm a salary, and also elected officialsw and in the bill we put down local government, and the interpretatlon was that local government does not include school boards. So we ended up flnding out that it was inadvertently admitted <sic>, and noW this is to correct that oversight.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Stern. SENATOR STERN: . Is -- is there anything in this bill Ehat Will remove from the obligation to file, oh, for instancer firemen, paramedics, teachers who are in ncnadminlskrative capaclties, or do those folks still have to file?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm. ' SENATOR KLEMM: ' ' A1l those that we passed last year under the new provision 'l43 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 still have to file; they Will continue to file now. But it's not on a salary level as used to be for years. It's now on a responsibility level of -- of -- of obligations, a level ef importance of the job they do, rather than just a salary cap.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senatcr Stern.
Just one more. Does that also include teachers? The teachers are not on a salary scale elther; is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm.
The bill included schoolteachers and the school employees. It still they still must file under current law, depending upon the jobs they hold, not on salaries.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? Senator de1 Valle. SENATOR dEL VALLE) Thank you, Mr. President. just Want to thank the the sponscr of the bill for including a provision that was in a bill that I filed early on, and I appreciate the fact that you've agreed wieh me# because I argued early on that school boards were not lncluded in there; they were not a unit of local government. And was told by staff on your side of the aisle that I was wrong, but now it turns out that I was rightr and that there was an oversight that had to be corrected, and so I'm in full support of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? not, Senator Klemm, to close.
Just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) l44 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 The question is, shall Senate Bill 1364 pass. Those in favor will vote Aye. Opposed will vote Nayr and the voting is open. Have a11 voted who wish? Have al1 voted who Wish? Have a11 voted who wish? Take the record. On that questiony there are 58 Ayes, no Nays, none voting Present. And Senate Bill 1364, having received the required constitutional majorityr is declared passed. On the Order of 3rd Reading, Senate Bills -- Senate Bill 1381. Senator Klemm, do you wish this bill returned to the Order of 2nd Reading for the purposes of an amendment? Senatcr Klemm seeks leave of the Body to return Senate Bill 1381 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1381. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1y offered by Senator Klemm.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Klemm.
Thank you, Mr. President. Floor Amendnent -- or Amendmenk No. 1 to Senate Bill 1381, actually become the bill. It's a result cf the Senate Task Force on Unfunded State Mandates. It allows school districts to ask for waivers after consultation with all the parties after public hearlngs. It's, I thlnk, a bill that has noW reached everybody's support, and I do ask for its adoption.
PRESIDING OFFICER: (SENATOR DUDXCZ) Any discussion? If not, a1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 145 :TATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 3rd Reading. On the Order of 3rd Reading, Senate Bill 1381. Madam Secretaryr read the bill. i j
Senate Bill 1381. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Klemm.
Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. As I indicated earlier, We had a task force that had meetings throughout the State of Illinois. Heard testimony from teachers, school bcard people, eleeted officials, everyone in the education comnunity. This is the results of a compromise that we feel that school boards can use to try to meet some educational requirements and get waivers of State mandates with the State board. It allows everybody to be a participant. It has reached the suppcrt of the IEA , the school boards: and everybody else, and I do ask for its support. I think it's very meanlngful in Illinois, particularly at this time.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Berman.
Question of the sponsor?
PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Bernan.
An I correct that this bill dces not apply to the Chicago School Board?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Elemm.
146 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 108th Legislative Day April 21z 1994 That is correct.
PRESIDING OFPICER: (SENATOR DUDYCZ) Any further discussion? If not, the question is, shall Senate Bill 1381 pass. Those in favor will vote Aye. Opposed Will vote Nay, and the voting.ls open. Have a1l voted who wish? Have a11 voted Who wish? Have a1l voted Who Wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present, and Senate Bill 1381, having received the requlred constitutional majority, is declared passed. Senate Bill 1421. Senatcr Fitzgeraldy did you wish to have this bill returned to 2nd Reading for purposes of an amendment? Senator Fltzgerald seeks leave of the Body eo return Senate 1421 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order af 2nd Reading is Senate Bill 1421. Madam Secretary, there any Flcor amendments approved for consideration?
Amendment No. offered by Senator Fitzgerald.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzgerald.
Senate Floor Amendment No. to 1421 is just a technical amendment on this continuing appropriatlon bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussicn? not, al1 those in favor, say Aye. Opposed, Nay . And the Ayes have it, and the amendment is adopted. Are there any further Floor amendnents approved for consideration? ACTING SECRETARY HAWKER) No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) 3rd Reading. On the Order of 3rd Readlng in Senate Bill 1421. Senator Fitzgerald. Madam Secretary, read the bill.
STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Senate B1ll 1421. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Fitzgerald.
Thank you, Mr. President. Senate Bill 1421 creates a continuing appropriation for the moneys that the State is cbligated to put into the five State-backed pension funds; the Teaehers' Retirement System, the Judgesr the General Assembly, the State employees, and the State University Employees' Retirement Funds. This bill would take the pension funding issue away from it being consldered on an annual basis by the Appropriations Comnlttee. It would set up a continuing approprtation that would aleays .be in place. That is how we fund the State 's general obligatioa bonded indebtedness. That is on a continuing approprlation basis. This would do the same With the State pension funds. There is a companion bill, 1728, that is spcnsored by Senator Madigan, and Will be ccming up later, that sets up an amortization schedule by which the State would retire the unfunded liabilities in the five State pension funds over a period of years. This ls just a bill that sets up the continulng appropriation, and I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Cullerton.
Yes. Thank you, Mr. President, Members of the Senate. Very briefly: certainly agree with the concept of havin: a -- a continuing appropriation, so -- and an obligation, and a stepped-up paynent. There is an alternative, which is in the House, which will undoubtedly ccme over here, which accelerates this payment even quicker. This is a -- I believe a fifty-year 148 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 2l, 1994 payment cycler and the other -- the other alternative is an forty-year payment cycle. And so we Will have the oppcrtunity, hopefully, to debate that as Well. Obviously, if We spend more money nowr in catching up on these pension underpayments, we will save mcney in interest. And the difference between a forty-year and a fifty-year is a thirty-eight-billion-dollar difference, and that's something which We will debate when the House version comes over. And secondly, just wanted to point cut to -- to people something which they may not be auare of: there's two pension funds that deal with teachers. One's the Chicago fund; one's the downstate fund . .The Statutes impose an obligation on us to pay the employer portion for the downstate teachers, but do not impose the obligation for the Chicago teachers. Howeverr we at the State level do appropriate money for the Chicago teachers. Last year we appropriated about two hundred and thirty million dollars to the pension fund for the downstate teachersr and sixty million dollars for the Chicago teachers. think that it might be approprlate at some point in time, that we codify that practice in ehe Statute, so that we do r in factr have a continuing appropriation, both for the Chicago Teachers fund as well as the dcwnstate teaehers. And I -- I point out that this is not a Chicago versus the rest of the State issue, because as many of you know, the Chicago teachers who have retired, many of which bet you the majority - don't even live in Chicago anymore, but certainly they live in other parts of the State. So 1'm not pointing out any -- this as criticism this blll, I just thlnk lk's important to keep ln mind, lt's something in which we Will be debating in the -- in the coming weeks and something Ehat we a1l should be aware of. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Molaro .
149 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 2l, 1994 Yes. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yield, Senator Molarc. SENATOR MOLARO: I Yes. .I apologize for not asklng this at committee Senatorr but when -- when these appropriations are, and of course, they -- they ccme out of -- the Executlve Director of the Board of Trustees, send it over, on what funding level -- or what funding level are we trying to reach, under this bill?
PRESIDING OFFICER: (SENATOR WATSON) Senator Fitzgerald.
! Okay, so that there's no confusion here, thls bill does not ! itself attempt to amortize the unfunded liabilities in the pension funds, or say how much has to be appropriated. That is going to be in a separate bill. This is merely the appropriation bill. Okay? And this doesnft say how much we dll put into the funds. Now there is another bill that will set up an amortization schedule of fifty years; that's coming up later. But whether or not you favor a five-year amortization, a fifty-year I amortization, or a hundred-year amortizaticn, you should be in favor of this bill. This bill is just 'a continuing appropriationr and it is separate from the other bill, because, under the State j ! 1 Constitution, substantive bllls cannot be mixed with appropriatlon i I bills.
PRESIDING OFFICER: (SENATOR WATGON) Further discussion? If not, Senator Fitzgerald, ycu may close.
As I just said, regardless of how lang you Would like to see the State pay off the unfunded liabilities in the pension funds, you should be in favoc of this bill. And T would say in response 150 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 to Senator cullertonr from Chicago: this bill does not seek to create a continuing apprcpriation into the Chicago Teachers' Pension Fund, because that is n?t one of *he State-funded pensions. This -- we only address the five State-funded pensions. . 1 We a.re not currently obligated by Statute to put any money into i the Chicago Penslon Fund. Just because We did in a couple of years by agreement, we don't want to become obligated for that. In fact: I think it's very clear that we have encugh obligaticns that ! ! we're having a hard time meeting as it is. So, we are seeking to create a contlnuing appropriation into the five State pensions funds. I urge a favorable vote on this bill. Thank you. PRESIDING OFPICER: (SENATOR WATSON) i j The questicn isr shall Senate Bill 1421 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted wbo wish? Have a11 voted who wish? Have all voted who wish? Take the reeord. On that question, there are 58 voting i Aye, no voting Nay, no votlng Present. Senate Bill 1421, having received the required constitutlonal majorityr is declared passed. Senate Bill 1435. Senator Feterson. Read the b11l, Madam i . secretary. ACTING SECRETARY HAWKER : 1 Senate Bill 1435. ! l (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR WATSON) Senator Peterson. SENATOR PETERSON) ! I Thank you, Mr. President. Senate Bill 1435 deals with the liquefied petroleum pressure containers. Under the present Codes, the propane industry is governed by bcth the Office of the State Fire Marshal and the Boiler and Pressure Vessel Baard. This Would put the -- al1 the Code requirements under the Liquefied Petroleum 151 STATE OF ILLINOIS 5 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l# 1994 Regulation Act. It is favored by the State Fire Marshal. It's a simplification of the Code, and will nok have any effect on the safety standards that are adhered to by the prcpane market. I ask for a favorable vote on Senate Bill 1435.
PRESIDING OFFICER: (SENATOR WATSON) Seeing no further discussion, Senator Peterson moves that Senate Bill 1435 pass. Those ln favor will vote Aye. Opposed, vcte No. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are 58 vcting Yes, no votin: No, no voting Present. Senate Bill 1435, having received the required constitutional majority; is declared passed. Senate Bill 1447. Senator Cronin. Read the bill, Madam Secretary.
Senate Bill 1447. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cronln.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. We've dlscussed this bill before. This seeks to provide that dentists who produce -- potentlally infectious nedical waste, shall not be liable for civil damages for waste, once it has been transferred, according to certain rules and regulations, to a transporter - a licensed transporter. And the Waste must be managed by the dentist in accordance with appropriate Department rules and regulations, and I know of no opposition. I ask for your favorable vote.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 1447 pass. Those in favor will vote Aye. 152 ;' STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Opposed, vote Nc . The voting is open. Have a1l voted whc wish? Have a1l voted who wish? Have all voted who wish? Take the record. On that questionr there are voting Yes, no voting No, no voting Present. Senate Bill 1447, having received the requlred constitutional majority, is declared passed. Senate Bill 1476. Senator Syverson. Senator Syverson. Out of the record. Senate Bill 1479. Senatcr Madigan? Read the bill, Madam Secretary. Senator Madigan, do you wish this bill returned to 2nd Reading for the purposes of an amendment?
Yes, I do, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Madam Secretary. Senator Madigan seeks leave of the Body to return Senate Bill 1479 to the Order of 2nd Reading for the purpose of an amendment. Leave is granted. On the Order of 2nd Reading is Senate Bill 1479. Madam Secretaryz are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Madigan.
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan, to explain your amendment.
Thank you, Mr. President. Floor Amendment No . to Senate Bill 1479 is sponsored by myself and Senator Berman. And what does basically, it's a technical, very detailedy lengthy amendnent that essentially, in what -- it provides a framework for a mutual company to demutualize into a stock company. I'd be glad to answer any questicnr otherwise would ask for its adoption.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? A1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. ' Any other further Eloor amendments approved for consideration? ' ' . l53 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
Amendment No. 2, offered by Senator Madigan.
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan, on your amendment.
Thank you, Mr. President. Floor amendment No. 2 to Senate Bill 1479 applies to the overlying bill, and it delays the requirement for medical providers to adopt or use a uniform claim form delays that effective date until January 1st of 1996, and I wculd ask for its adoption.
PRESIDING OFFICER: (SENATOR WATSON) Any dlscussion? Seeing noney al1 those in favor, vote -- say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further Flocr amendments approved for consideration, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd readlng. Now, on the Order of 3rd Reading is Senate Bill 1477 -- 79. Read the bill, Madam Secretary.
Senate Bill 1479. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.
Thank youv Mr. President. Senate Bill 1479, as amended, performs the prevlous two amendments that we just adopted. The overlying bill is a -- an extensicn of Senate Bill 830, which we passed last year. Senate Bill 830 required the insurance companies to adopt the uniform claim form. Senate Bill 1479 extends that 154 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 uniformity to the medical providers. I would be glad tc answer any questions on Senate Bill 1479, as amended.
PRESIDING OFFICER: (SENATOR WATSON) Any discusston? Senator Cullerton.
Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) The sponsor will yield, Senator Cullerton.
Senator, we just we just put an amendment on the bill, and I don't remember that one comlng to our committee. Is there a reason why that amendment didn't come tc the committee?
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.
Yes, Senator Cullerton. We had discussed this when -- when 1479 originally came up. We've been walting for the amendment and an agreement between the medical providers and the insurance companies. We just got that amendment, and it's been reported dlrectly to the Floor. It's an agreed -- agreed amendment by a11 parties.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.
Okay. So it wasn't a technical amendment, it's just that we didnft have enough time to have the committee meet. And -- and could you tell me one more time what the amendmpnt did?
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.
Thank you, Mr. President. It delays the requirement of medical providers to -- delays that effective date to July -- l55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 January 1st, 1996. If I said July earlier, I apologize, but I -- I think I said January 1st. PRESIDING OFFICERI (SENATOR WATSON) Further discussion? If notr Senator Madigan, to elose. i SENATOR MADIGAN: ' I would ask for favorable consideration of Senate Bill 1479, as amended .
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1479 pass. Thcse in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted who Wish? Have a1l voted who wish? Have a11 voted who Wish? Take the record. On that question, there are 58 voting Yes, no voting No, no voting Present. Senate Bi11 1479: having recelved the required constitutional majority, is declared passed. Senate Bill 1491. Senator Farley. Do you Wish to have this bill returned to 2nd Reading for the purposes of amendment? Senator Earley seeks leave of the Body to return Senate Bill 1491 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Reading is Senate Bill 1479 <sic>. Madam Secretaryr are there any Floar amendments approved for consideration?
Amendment No. 2, offered by Senator Farley.
PRESIDING OFFICER: (SENATOR WATSON) Senator Farley, to explain your amendment.
Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. Senate Amendment No. 2 removes the opposition of the Illinois Associatlon of Realtors by narrowing the scope of the billr to the acquisition of land for improvements within a highway, rather than the general highway and road purposes. The amendment also requires that the depth of the taking must be within twenty feet 1s6 ' .E STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l# 1994 of the existing highway, rather than within twenty feet of the 1 I rights-cf-kay. The amendment gives twelve months written natice to commercial and industrial property owners prior tc the prcperty being acquired. The bill was silent in that regard. The amendment also expands the time element for residential property owners; that Would be written notice - must be given within at I least eighteen months rather than twelve months prlor to the property being acquired. Andr Mr. President, I would move for the adoption of Amendment No. 2.
PRESTDTNG OFFICER: (SENATOR WATSON) Is there any discussion? A11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for considerationz Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. NoW on 3rd Reading, Senate Bill 1491. Senator Farley. Madam Secretary, will you please read the bill.
Senate Bill 1491. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Farley.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1491, as amended, contains two provisions. The first provision permlts for a period of forty-eight monehsr being -- beginning in January of 1995, the taking of property under quick-take provisions, by Chicago, Cook and the other collar counties, for the acquisition of land improvenents within a ' 157 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 highway, if the taking is no more than twenty feet from and contiguous with existing highway under the jurisdiction of the county or municipality. Essentially this will permit only the roads under the jurisdiceioc of these local governments, the addition of a new lane of traffic. At the suggesticn cf the Illinois Realtors, the bill has been narrowly -- narrowed significantly. For the first time, commercial and industrial property owners must receive a twelve-month written notice. Written notice to residential property owners is increased from twelve months to eighteen months. And at the suggestion of the Realtors, the blll is no longer fcr an indefinite period of time, but it is now limited to forty-eight months. As a result, the Realtors have no longer opposition to this bill, but are now neutral. Alsor the second provision of the bill is an amendment that was.adopted earlier in conmittee to accommodate Senator Ralph Dunn. .And that amendment would permit the Anna-lonesborc Water . Conmission qulck-take powers for a period of eighteen months after June 30th of thls year, to acquire easements for iaprovement to its water treatment and storage facilities, and water transmisston pipelines. Again, the power is only given for a certain period of time. The Anna-lonesboro Water Commission wants to replace an antiquated water line that serves both communities, and the Choate Mental Health and Developmental Center. The new water line is approximately five miles long and would run through thirty-five tracks of land. The antiquated line recently had a severe break, and when breakage occurs, only a single day supply of water exists. With this, according to the Commissionr granting it quick-take power Will shorten the process by at least nine mcnths, if not more. So, Mr. President and Ladies and Gentlemen of the i Senater T would ask that we do pass Senate Bill 1491. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senatar Palmer. l58 ! STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 I
Thank you, Mr. President. A questicn of the sponsor?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yield, Senatcr Palmer. . SENATOR PALMER: Senator Farley, I can understand the Anna-lonesboro Water Commission part of it. They're askinq for quick-take to do a speciflc projectr but the rest of it seems vague to me. Are there any specific projects that are planned that require quick-take within this period of time? PRESIDING OFFICER: (SENATOR WATSON) Senator Farley. SENATOR FARLEY: No, Senator, there is nothing speciflc at this time. It has just been requested and by Cook County and the collar countiesr that they have this proviso.
PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer. SENATOR PALMER: Senator Farleyr it's so specific - the time period - and a11 of these counties and the city lining upr I -- Who Wants this quick-take?
PRESIDING OFFICER: (SENATOR WATSON) Senator Farley. SENATOR FARLEY: Well, Cook County, and the collar counties. Oftentimes the process of determining who are the owners of the land, the tltle searches and the evidence of ownership takes months and months of research, sometimes even years. When it comes to highway improvements, you can -- you can have literally hundreds of parcels involvedr and to agree on compensation and other matters can take forever. In the meantime, the needed traffic l59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 improvement, particularly the added lane, is postponed. The power of quick-take is not being given for an indefinite period of time, and is very limited. As I said earlier, Cook County and some collar counties - or the collar counties, I should say - are . . requesting our approval of this legislation, so that they Would be able to possibly add lanes to some existing highways. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Butler. SENATOR BUTLER: Thank your Mr. President. I'd like to pclnt out to the Body that we've heard from everyone on this billr but the -- but a homeowner Whose property may be under attack at some point or another. Our analysis says it all. It says - and I think We ought to heed this - it says, This may be a bill that Will come back to haunt legislators when property owners lose their land to a highway. I particularly call attention to some of the suburban legislators, because such things as the big expansion of Route 83 through a number of suburbsr is exactly the -- the -- the thing that homeowners are gcing to suffer from, should this bill pass. I would suggest this bill goes too far. PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Senator Fawell. SENATOR FAWELL: Thank you very nuch. Will the sponsor yield for a question? PRESIDING OFFICER: (SENATOR WATSON) Sponsor says he will yield. Senator Fawell. SENATOR FAWELL: There are -- there are several of us representing Dupage County over here, and we would like to know who in the world asked for this frcm Dupage County? PRESIDING OFFICER: (SENATOR WATSON) Senator Farley. 160 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 SENATOR FARLEY: Wellr when I introduced the blll, it was brought to me by Cook County, and Dupage indicated to me that theg wanted to be included, early on. . PRESIDING OFFICER: (SENATOR WATSON) Senator Fawell. SENATOR FAWELL: Could you give me a name of who said we would like to be included, because none of us know about it? PRESIDING OFFICER: (SENATOR WATSON) Senator Farley. SENATOR FARLEY: Well, they Were represented by a counties crganlzation, before - - or in committee, so... FRESIDING OFFICER: (SENATOR WATSON) Senator Petka? Question? Senator Petka. SENATOR PETKA : Thank you very much. Would the sponsor yield? PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yield, Senator Petka. SENATOR PETKA : Senatorr you indicated that there Were representatives from some of the collar counties that were -- that approached you in connection with this. Who made the contact from Wl11 County? PRESIDING OFFICER: (SENATOR WATSON) Senakor Farley. SENATOR FARLEY: Could you repeat that questionr Senator? PRESIDING OFFICER: (SENATOR WATSON) Senator Petka. SENATOR PETKA : Could you please indicate to me which official or officials 161 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 approached you from Wil1 County about this quick-take procedure?
PRESIDING OFFICER: (SENATOR WATSON) Senator Farley.
No one in particular from Will County. -- as said earlier, the United Counties Council was there With a witness slip as a proponent. Sc imagine that the United Collar Counties Council represents Will County some capacity.
PRESIDING OFFICER: (SENATOR WATSON) Further dlscussion? Senator Geo-Maris. T beg your pardon, Senator Petka. scrry; I thought yau Were through. Senator Petka.
Did the council indlcate for what purpose or purposes that it was necessary to have quick-take against scmebody 's residence?
PRESIDING OFFICER: (SENATOR WATSON) Senator Farley.
Not specifically, no.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Petka.
Wellr Members of the General Assemblyr I'm not particularly fond of quick-take ln any event, but before you decide to cast a vote in this instancer please understand that we are granking an indefinite power to the collar counties to grab somebody's hone by quick-takez if necessary. If youlve never seen the devastating effects of a qulck- take, I can tell you I've seen lndividuals Who had their homes taken by quick- take seven days before Christmas. Qulck- take - the power of the government to dispcssess someone of their property - is awesome. It should be used with circumspection. should be used cautiously. We should never 162 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l: 1994 i ever have an open-ended agreement With units of government to permit this awescme pcwer to be used against then. And Cor that I ; reason, I would suggest and strongly urge a Nc vote. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Geo-Karls. SENATOR GEO-KARIS: I . Mr. Presidentr and Ladles and Gentlemen of the Senate. I ! concur with Senator Petka. The State right now -- the eounties right now have the right of condemnation for road purposes. A 1 qulck-take means they take their property first and they think about paying them later. I don't think -- I never did like I (1Uicketake. And I -- I Oppose quick-take provisions. And I oppose l this bi11-. PRESIDING OFFICER: (SENATOR WATSON) : . Further discusslon? Senator Karpiel. SENATOR KARPTEL: Thank you, Mr. President. Will the spcnsor yleld? : PRESIDING OFFICER: (SENATOR WATSON) Sponsor says he will yield, Senator Karpiel. SENATOR KARPIEL: , I am not real surer and don't know myself, what -- for What reasons quick-take can be used now, under what conditionsr and I what the procedures are? Could someone -- could you tell me that? . PRESIDING OFFICER: (SENATOR WATSON) Senator Earley. SENATOR PARLEY: Conferring with staff here, quick-take is when title ls obtained in a summary -- summary proceedingy and preliminary valuation paid: with a later trial on the issue of final eonpensation. So that is what quick-take is defined as. PRESIDING OFFICER: (SENATOR WATSON) Senakor Karpiel? 163 I k I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
Well: thank you. You mean there are no publlc hearings on i this, no notice -- like a thirty-day notice of publlc hearings on -- on quick-take? It's just go in and do it? And under What conditions, I mean -- this is obviously expanding it for highways and roads. Is it noW for specific purposes like an emergency type situation?
PRESIDING OFFICER: (SENATOR WATSON) Senator Farley.
Well, I would repeat: Senator: that the bill provides for a written notlce to residentsy twelve months to -- eighteen months to residential, and twelve months to business or commercial/industrial. So we are providing plenty of time, we feely for notification that this Would be proceeding. And that is Why, because of those reasons, that the association -- the Illinois Association of Realtors has Wlthdrawn their oppositionr and became neutral on the bill. I might also answer early on: that Senator Fawell asked me Who -- Who was in committee for Dupage County, and Mr. Charles Vaughn, representlng Dupage County, ' Was there as a witness, as a proponent, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Thank you, Senator Farley. Is there any further discussion? If not, Senator Farley, to close.
Well, Mr. Presidentr Ladies and Gentlenen of the House. I know that qulck-take is a -- a sensltlve subject to a 1ot of people. However; with the written notice to both the residential and the commercial lnterests, I feel that it is a provision that we should provide to have a county - Cook County and these other collar counties to be able to expand a lane of highway if so desired. I think that with the provision of -- of the written 164 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 notice, we are protecting the homeowner, and the the llttle guy, you would . And I Would move, Mr. President, that We do do pass Senate Bill 1491.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1491 pass. Those in favor will vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have a11 voted who wish? Have a1l voted who Wish? Take the record. On that question, there are 19 voting Yes, voting No, voting Present. Senate Bill 1491, having not received the required constitutional majority, is declared failed. Senate Bill 1509. Senator Maitland . Read the bill, Madam Secretary.
Senate Bill 1509. (Secretary reads title of bill) 3rd Reading af the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland .
Thank you very much, President and Menbers of the Senate. Senate Bill 1509 represents a number of months of discussion and negotiations an attempt to assist this State's ninety-plus truck stops, who, since we passed the increase in motor fuel tax back ln 1988, have found their businesses failing dramatically . Under current lawz the distributor is Was responsible for collection of the notor fuel tax. Senate Bill 1509 moves ten cents of that liability downstream to the retailer level and then completely off pump . The buyer still owes i*. Doesn't change that at all, but the retailer just doesn't list it on the pump. collection will occur in two ways now. If the buyer is registered with the State of Illinois under the new IFDA permit -- the new IFDA agreement, and has a permit or decal, the trucker shall pay l65 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 on a quarterly basisr as he is now . And that's the Way it's being dcne now for lnterstate truckers. the buyer does not have the decal, then the money is collected at the point of sale, and that noney is renitted -- is remitted monthly . Let me indicate Why this bill is so important to the economy of Illinois. Illinois has one of, if not the highest, pump price, and as most of you know, a interstate trucker who travels the country is responsible . for the number of gallons of fuel, or the tax on the number of gallons of fuel that he uses in the state that he travels in. And -- and because Illinois has such a high punp price, the psychological impact on that trucker is to buy where the tax . strike that - where the pump price is lower. Number of years ago Indiana went to the same plan that we are suggesting today, and as a consequence of that, the fuel that is sold in this State to . interstate truckers has been cut almost in half, and the list of the jobs that have been lost across this State ln truck stops is phenomenal. In one border town, nine truck stops have gcne up ln Indiana in Indianar and flourished, while buslness ln Kankakee had one of those, right next to the border, one truck stop failed. This legislakion is also meant to get at other declining business at these truck stops. The trucker comes and fills up with fuel. He perhaps sleeps there. He eats and does a number of other things. We don't have that business now in Illincis. It's gone to other states. This w11l provide equity. Now both the Department of Revenue and the Illinois Department of Transportation have sone concerns with respect to this Act. Department of Revenue because they are concerned abcut adminlsterlng the bill. The Department of Transportaticn because of a delay -- a small delay the time Which this money is renitted into the Road Fund. The delay, in my view, is not as much as they are suggesting will be, but I'm not going to misrepresent to you that there isn't a slight delay. This, in my 166 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 view, is legislation that the State cught to pass. I believe it will be beneflcial, and I seek your support. PRESIDING OFFICER: (SENATOR WATSON) E ! Further discussion? Senator Welch. SENATOR WELCH: ' ' Qhank you, Mr. President. I Would rise in strong support of this bill. We're lcsing a 1ot of jobs in Illinois because of truckers just driving on through from one border to the next. Just to list some of the jobs wefve lost: we've lost a hundred and thirty in McLean County; fifty-six in East. St. Louis truck stop; sixty-three in Calumet City; seventy-three in Monee; thirty in South Holland; sixty at Elgin; fifty-five at Effingham; seventy-seven in Lasalle County; and fifty in Sankakee. These are jobs that are lost because the truckers won't stop and eat, they won 't stop and buy lottery ticketsr they Won't stop and sleep overnight, because they think theylre getting cheap fuel at the border, and they just drive right through to the next state. You know: they're doing a 1ot of business in Missouri and Illinois <sicl at our expense. I think itls time that we got some of that business back. I think we should a1l support this btll. PRESIDING OFFICER) (SENATOR WATSON) Purther discussion? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) The sponsor will yleld, Senator Palmer.
Senator Maitland, does the Governor support this bill? I'm askin: you that because I'm confused by -- my analysis says that the Department of Revenue doesn 't support it, and I know yau had just begun to talk about that, and naw I have another pieee of paper saying that the Department of Transportation does not 167 STATE OF ILLINOIS . 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 support it, and, in factr is saying that rather than a growth in revenuer that we will have a loss of five to ten million dollars ! in revenue.
PRESIDING OFFICER: (SENATOR WATSON) senator Maitland. .
Senator Palmer, first of all, I don't know What the Governor's position is. I've not talked with him about this, so I -- I can't respond to that question. I indicated earlier that -- that there is a sllght delay in cash flow . Not a loss in revenue. I mean, the money's going to be owed regardless of how you do it, but there would be -- keep in mind, the mcney is now on special fuels, . as on other fuels; it's collected ncw from the bulk plant or the =- the wholesale distributor of the fuel. When he -- when he sells that gas to the retailer, he remits that money to the State. Now on tbe special fuel or diesel that -- ten cents cf that will be noved up one step in the transaction. And so there's a little delay there between the time that the distributor remits it, versus when the retaller will remit it on a monthly basis. So there's a little bit of delay there, but -- but the fact of the matter is -- fact of the matter is - and Senator Welch touched on this - Eccnomic and Fiscal view this as a net gain to the State of at least ten to fifteen million dollars, because of the ancillary business that we are now losing as a result of losing these sales to other states.
PRESIDIHG OFFICER: (SENATOR WATSON) Senator Palmer.
Just one last question, because my analysis says that according to IDOT, this will be a pernanent loss in cash floW from the MFT of five to ten million dollars that will never be recaptured. That's why I asked the question. 168 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senatcr O'Daniel. SENATOR O 'DANIEL: Thank you: Mr. President and Members of the Senate. I rise in strong support of this legislation, you know, and having served on the Revenue Committee and the Transportation Committee, normally Department of Revenue and Department of Transportation is opposed to about anything we want to -- want to make scme changes. And there -- there will be a little bit of delayr but I don't see where there'll be any loss. But what they're not looking at is -- is the overall picture -- you know, I have seven truck stops in my district on Interstate 64 and 57 and 70, and it's been devastating to them. Theydve lost about a thlrd of their business. Have laid . off a 1ot of people. And it's not just the -- the cost on fuelr as Senator Welch and Senator Maitland said. If they don't stop there, then they don't -- they don't spend money with these people. But -- and if you don't think lt's really devastating, you take a look at some of these real fine rest areas we have on the interstates. You can't hardly pull into one of them for trucks parked there. They park there, they sleep awhile, they go in and they have a Coke, they go to the bathroomy they shave and clean up . They drive a1l the way across our State. These vehicles -- these over-the-road vehicles carry enough fuel they can run across this State twice without fueling up . And over half of the trucks that are on this -- on the interstates that are going from state to state are -- are owner-operators. Sure, we collect taxes on the ones we catch, or some of them. And I suspect there's a 1ot of fraud also soing on with this. But since we've raised the Motor Fuel Tax, lately, it's really been devastating to these truck stops. And not just for the -- the sale of fuel. It -- it's -- the other money and stuff they spend once you get them into the truck stop . 169 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 I
PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Senator Philip .
Thank you, Mr. President and Ladies and Gentlemen cf the Senate. And maybe I can keep it simple and short. They still i collect the tax. The difference is they don't collect it at the pump. So it doesn't reflect the high price. When people who live on the borders and come over across the borders into Illinois because the price at the pump is reduced, they probably would buy more gas ln Illlnois. And I've got to tell youy when Was the last time that the Department of Transportation Was right? I can't remember. We ought to give this a green vote, and send it over to the House.
PRESIDING OFFICER: (SENATOR WATSON) Further discusslon? Senator Maitland, to close.
Well, thank -- thank you very muchr Mr. President: Members of the Senate. I -- I appreciate the discussion on this legislation. Againr as I indicated earlier, it has -- has been worked on and talked about and discussed for several months: and this is the final package. There Would be some further small amendnents made in the House, should we be successful today. Let me mention to you the proponents of the legislation, if I might, please. The Illinois Retailers <sic> Merchants Association, Illinois State Chamber, Illinois Petroleum Councilr Illinois Transportation Association, Illinois Truck Stop Association, Mid-West Truckers and others. I believe it ls -- it ls -- is good legislaticn. It ought to pass. And I would appreciate very much your support.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1509 pass. Thcse in favor will vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have all voted Who wish? Have a11 vcted who 170 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2lr 1994 wish? Take the record. On that questionr there are 40 voting Yes, 12 voting No, no voting Present. Senate Bill 1509, havlng received the required constitutional majority, ls declared passed. Senate Bill 1516. Madam Secretary: please read the bill. ACTING SECRETARY HAWKER: Senate Bill 1516. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Dunn. SENATOR T. DUNN : Thank you, Mr. President. This bill is at the request of -- this portion of the bill is at the request of the State Police, . and provides that a person who -- conmits the offense of theft who obtains or exerts control over property represented as stolen by a peace officer or agent with the intent to deprive any named or unnamed person of its permanent use or benefit. The second portion cf the bill deals with organlzed gang members who -- recruit within fifteen hundred feet of a schoclr and they would be guilty of a Class 4 felcny. It would also make a Class 4 felony for any two or more organized gang menbers to meet to plan a criminal offense within school property. The third element deals with the Child Sex Offender Registration Act, and changes the registration from ten years after the conviction, to lifey and also increases the penalty for a vlolation of that Act from a Class A misdemeanor to a Class 1 felony. And also provides that if the individual is on probation, that that -- and violates the Act, that that probation should be revoked by the court and the individual sent back to prison. PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? If not, the question is, shall Senate 3il1 1518 <sic> (1516) pass. Those in favor Will STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l08tb Legislative Day April 2lr 1994 vote Aye. Opposed, vote No . The voting is apen. Have a11 voted i who wish? Have al1 voted who wish? Have a1l voted who wish? 1 ; Take the record. On that question, there are 56 voting Yes, no ' voting No, no -- no vctlng Present. Senate Bill 1516, having received the required constitutional majority, is.declared passed. Senate Bill 1528. Senator Karpiel, do you Wish this bill returned to 2nd Reading for the purposes of amendment? Senator Karpiel seeks leave of the Body to return Senate Bill 1529 <sic> to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. 0n the Order of 2nd Reading is Senate Bill 1528. Madam Secretary, are there any Floor amendments approved for consideration? .'
Amendment No. 1, offered by Senator Karpiel.
PRESIDING OFFICER: (SENATOR WATSON) Senatcr Karplel, to explain your amendment.
Amendment No. 1 to Senate Bill 1528 puts in suburban Cook County into the bill.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, al1 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Karpiel, on the Order of 3rd Reading is Senate Bill 1529. 1528, beg your pardon. Madam Secretary, read the bill.
Senate Bill 1528. 172 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 (Secretary reads title of bi11) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.
Thank you, Mr. President. Senate Bill 1528, as amended, expands the -- the Rural Bcnd Bank. Changes *he title to Bond Bank and expands it to lnclude local governments in the collar counties and suburban Cook County. They indicate that by expanding into the collar counties and suburban Cook, really isndt indicatlng a shift away from rural areas necessarily, but they feel that by expanding their jurisdiction, the Bank hopes to increase the bond volume. And this increase Will produce greater savings fcr local government will get better rates on the bonds, and that's all the bill does.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Welch.
Yes. Thank you very much. I'd just like to say that some of the opponents of this bill include the Illinois Farm Bureau and the Illinois Rural Electric Cooperativesy and the reascn they oppose this is because a few years ago we did a study of downstate Illinois, and that determined that there was very little economic growth going on downstate. And one of the outccmes of that study was that We 're golng to try to set up a mechanisn to help doknstate develop business, and bhat Was the Rural Bond Bank. I'm not surprised at al1 that those on the Rural Bond Bank are asking to expand their authority. That's the way bureaucracies work; they always want to expand what they do. I'm surprised they don't want to make it an entire midwestern program, including five regional midwest states, let alone the suburbs and suburban Cook Ccunty, because that Would create a greater bureaucracy for them to run. STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 But this was meant to be a downstate Rural Bond Bank Prcgram. Most cf the funds from other programs were concentrated in Chicago and suburban areasr and think it should be left alone. I see no reason why a downstate program should be rated. Just yesterday, for those individuals from the Cook County areaz who said to us on the Floor, ''You folks outside Chicago shouldn 't be telling us what to do with Chicago schools; you have no right to tell us how to run Chicago schools.'' Well, 1et me say to your that maybe you have no right ko tell us how to run the Rural Bond Bank, because that's a downstate program. So, gcvern yourself accordinçly, and if you act in contradlction to those warnings, it'll come back to haunt you, I'm sure. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Severns. END OF TAPE TAPE 5
Thank you, Mr. President. T'm certain if my friend and seatmate had heard the same testimony that Chairman Karpiel and I heard: he wculd be arguing for a Yes vote. I hope everycne on this side votes Yes.
PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Senatar Demuzio.
Well, thank you very muchr Mr. President. Senator Welch was absolutely right. We ought nct to be expanding the Dcwnstate Rural Bond Bank Program into the collar counties and in Chicago. l74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 He's absolutely right. Vote No. PRESIDING OFFICER: (SENATOR WATSON) Eurther discussion? Senator Karpiel, to close. SENATOR KARPIEL: Thank you -- thank your Mr. President. I Want to thank Senator Severns for her voice of support on this. lf you fll look at the analysis that we have cn the bill Without the amendment about Cook County, it was a unanimous vote, including Senator Denuzio. What -- no, he didn't vote on the amendment. I saidr before We put the amendment cn. This is supposedly, according to the Director of the Rural Bond Bank, that this will help downstate. They have a hundred-millton-dollar cap that they can use in the Rural Bcnd Bank. They have not been using even nearly . or just about a thlrd of that. Last year they issued thirty-seven milllon dollars of bonds to fifty-one ccmmunities. They feel very strongly that by including more area and being able to issue more bonds, that they will get better rates, and it will decrease the cost, then, for the rural areas when they arer in fact, goinç out for bonds through the -- the Bank. And I would ask for an Aye vote. PRESIDING OFFICER: (SENATOR WATSON) The questlon is, shall Senate Bill 1528 pass. Those in favor ! wlll vote Aye. Opposed, vcte No. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 38 voting Yes, 17 voting No, 1 voting Present. Senate Bill 1528, having received the requlred constitutional majorlty, is declared passed. Senator Maitland, for what purpose do you rise? SENATOR MAITLAND: Mr. President, I just want to make the announcement, and would like the record to so reflect, that had Senator Philip and I noE been so enthused about the vote on Senate Bill 1509 -- We had l75 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21z 1994 planned to vote Yes, but we both forgct to vote.
PRESIDING OFEICER: (SENATOR WATSON) Senate Bill 1516. Senator Tom Dunn, do you wish this bill returned to 2nd Reading for the purpose of amendment? Senator -- I beg your pardon. Senate Bill 1598. This is -- bill is on recall. There is an amendment, Senator. Senatcr Dunn, dc you wish this bill returned to 2nd Reading for the purposes of amendment? Senator Dunn seeks leave of the Body to return Senate Bill 1598 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Readlng is Senate Bill 1598. Madam Secretary, are there any Floor amendments approved for consideratlon?
Amendment No. 2, offered by Senator Thomas Dunn. PRESTDING OFFTCER) (SENATOR WATSON) Senator Tom Dunn, to explain your amendmenty please.
Thank your Mr. President. This deals with Public Aid and involves an amendnent. So, before we hear the bill, I'd like to announce on the Democratic side, that Senator Jones has fccd in his office for any of the Democrats that want to go eat scme food. Just kidding. Just kidding. Amendnent No. 2 changes the implementatlon date of the program from 1/1/95 to 7/1/95. That's a11 it does.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, a11 those in favory say Aye. Opposed, Nay. The Ayes have lt, and *he amendment ls adopted. Any further Floor amendments approved for consideration, Madam Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 176 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 3rd Reading. Senator Tom Dunn, on the Order of 3rd Reading, Senate Bill 1598. Madam Secretary: please read the bill.
Senate Bill 1598. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Dunn.
Thank you, Mr. President. Like Senator Raica's bill the other day, this bill is designed to keep the process going on welfare, trying to get some movement, make some changes. This bill provides for a five-year demonstration projects in two counties one upstate and one downstate - and provides a limitation on welfare: after two yearsr that the individual's benefits are cut by twenty-five percent; the second year, fifty percent. We are a1l Working together on this bill. There 's a 1ot of dlscussion -- requests that we send it over to the House for more discussion.
PRESIDING OFFICER: (SENATOR WATSON) Is there any further discussion? Seeing none... Senator Shaw.
Yes. Thank you. Will the will the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) The sponsor says he will yieldy Senator Shaw.
What did -- would you explain that agaln, in terms of you said a phase-in for welfare over a two-year period. What -- what -- what is the bill doing?
PRESIDING OFFICER: (SENATOR WATSON) Senator Tom Dunn.
177 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 21, 1994 Senator Shaw, do you Want me to wait for you to get your entree, or do you want to finish your salad, or... Senator Shag: whatthis--whatthis bill isr is an attempt to move the process 1 in welfare reform along. And what this bill says is that an lndividual who does not meet the dictates of a case management caseworkerr in attempting to have a bona fide, good-faith effort - to get a job, that individual will be cut. . PRESIDING OFFICER: (SENATOR WATSON) . Seeing no further discussion, the question ts, shall Senate Bill 1598 pass. Those in favor gill vote Aye. Opposed, vote No. The voting is open. Have a11 vcted who Wish? Have a11 voted Who wish? Have a11 voted who Wish? Take the record . On that question, there are 49 votlng Yes, 5 votlng No, no votlng Present. Senate Bill 1598, having received the required constitutional majority, is declared passed. Senator Madigan: do you Wish to return Senate Bill 1624 to the Order of 2nd Reading for the . purpose .of an amendment? . SENATOR IAWDIGAN: Yes, I do, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan seeks leave of the Body to return Senate Bil1 1624 to the Order of 2nd Readin: for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bill 1624. Madam Secretary, are there any Floor amendments approved for consideratlon? ACTING SECRETARY HAWRER: Amendment No. 1, offered by Senator Madigan. PRESIDING OFFICER: (SENATOR WATSON) Senator Madiganr to explain your amendment. SENATOR MADIGAN: Thank you: Mr. President. Senate Bill 1624 represents or establishes a framework between real estate agents and the buyers 1 178 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislattve Day April 21, 1994 and sellers. Amendment No. 1, or Floor Amendment No. 1 to Senate Bi11 1624 represents an agreed amendment as a result of discussions between the Illinois State Bar Association and the Illinois Association of Realtors about some concerns that the Bar Association had abcut the original language. With this amendmenty if it is adopted, the bill becomes, as far as I know, an agreed bill.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? A1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments reported: Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Madlgan, on the Order of 3rd Reading, Senate Bill 1624. Madam Secretary, please read the bill.
Senate Bill 1624. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDIXG OFFICER) (SEXATOR WATSOX) Senator Madigan.
Thank ycu, Mr. President. Senate Bill 1624, as amended, creates a statutory framework between real estate licensees and buyers and sellers, where there is no framework presently. This is an initlative of the Illinois Associa*ion of Realtors to address some concerns that have been addressed for several years. It's just between the consumer and a real estate agent, what what relationship actually exists. If you're buying a home or selling a home, who does the real estate agent -- truly representing? And Senate Bill 1624, as amendedr creates that 179 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 framework so that the consumer knows who the real estate agent is working for. I'd be glad to answer any questlons.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing noney the question lsr shall Senate Bill 1624 pass. Those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have al1 voted Who wish? Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, there are 58 voting Yes, no voting No, no voting Present. Senate Bill 1624, having received the required constitutional majority, is declared passed. Senate 3i1l 1649. Senator Mahar. On the Order of 3rd Reading is Senate Bill 1649. Madam Secretary, please read the bill.
Senate Bill 1649. (Secretary reads title of bill) 3rd Readinç of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar.
Thank you, Mr. President and Members. This is an issue that's been before this Body last year and for every year that I can remember since I've been around here, and it deals with the issue of proportionate share liability for clean-up costs at hazardous waste sites. It's very simple. Very sinple sentence in the -- in the bill, and I would be happy to entertain questions or listen to Senator Welch's conments.
PRESIDING OFFICER: (SENATOR WATSON) That Will be forthcoming, Senator. Further discussion? Senator Welch.
I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) 180 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 The question, I believe -- the sponsor, I believe, Will yield. Yes. Senator Welch. i SENATOR WELCH: ' Senator Mahar, if there is a spill and the individuals who caused the spill don't have enough money to pay for it, if they 're not al1 solvent, Who is going to have to pay to clean up that hazardous waste site?
PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar. SENATOR MAHAR: ' It's no different than what they do right now. It'11 be borne - - those that we cannot find or are unable to assume the obligation of proportionate share, that will be either assumed by the taxpayers under the guise of the Federal Super Fund, or State appropriation. PRESIDING OFFICER: (SENATOR WATSON) Senator Welch. SENATOR WELCH: But what you 're doing With thts bill is reducing the number of individuals who Would be llable for the total amount that is necessary to clean up the site, and if you don't have enough individuals liable for the total clean-up costs, you 're golng to have to tap into a State fund. That State fund was subject of several pieces of leglslation in the last few years to increase the funding for it, a11 of Which failed, as I recall. I thlnk the - - in fact, one Was proposed by the Thompson administration in its last year. And a1l of these funding proposals for the Hazardcus Waste Fund have failed. There are dozens of hazardous waste sites ! throughout the State of Illinois that are not being cleaned up because there isn't enough money in that fund. To now eliminate several individuals who could help pay for that, which is what i this bill is going to do: Will end up creating an even larger glut 1 181 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 of sites that cannot be cleaned up. What this is going to do is increase the number of hazardous waste sites in the State of Illinois. Now, thls may seem like an innocuous situation to many I cf you, because you can't think of one off the top cf your head, but in just about every Senate distri. ct, there is a hazardous waste site that needs to be cleaned up. They're on a listz but they're not getting cleaned up. It's very slow going. Trying to get on tbe Super Fund list is very difficult. If you do get on it, it's going to take quite a while to get cleaned up, if it gets cleaned up at all. So thls doesn't make a 1ot of sense, as far as cleaning up the State of Illinois. Thls helps people ge* away with hazardcus waste pollution, and ùt shifts the burden to taxpayers, because that's ultimately whc's going to have to pay the bill on these situations. So I think we should vote No .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seelng none, Senator Mahar, to close.
Wellr thank you, Mr. President and Members. I couldn't disagree with Senator Welch more. In facty I think just exactly the opposite scenario is going to take place, and 1et ne tell you why. An individual that came before our ccmmittee representing the industry, in fact working for Illlnois Tool Works, made a very simple statement. He sald to the effect that let's pass the legislation and begin cleaning up the sites. Now, why is that? Let me -- 1et me offer you the latest issue of Governing magazine: Which had an interesting article, almost exactly on thls: The cost of cleanup can be staggering. Expendltures at Super Fund sites by bcth the public and private sectors can average over thirty million dollars. Now, you would think that Would be a 1ot of money going to clean up the sites. On the contrary: The lawsuits have diverted significant resources away from clean-up activities. A Rand Corporation study estimated that as much as l82 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l: 1994 one-fifth of a11 Super Fund-related spending by five potentially responsible parties Was transaction costs, rather than actual, and for those that were insurersr the figure is much higher: eighty-eight percent. Eighty-eight percent is going to litigation, where it could be going to cleaning up the sites. Well, Senator Welch, disagree with you totally, and out of fairness, proportionate share works for those - the little guyr who may have contributed one drum to cleaning -- or to a hazardous waste site, under our current law, would have to pay the entire cost - would be obligated for the entire cost of the cleanup. That's not fair. Proportionate share is. And I would ask for your support.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1649 pass. Those ln favor will vote Aye. Opposedy vote Nc. The voting is cpen. Have al1 those --.have al1 voted Who wish? Have a1l voted Who wish? Have al1 voted whc wish? Take the record. On that questionr there are 34 voting Yesr 23 voting No, no voting Present. Senate Bill 1649, having received the required constitutional pajority, is declared passed. Senator O'Malley seeks leave of the Body to return Senate B111 1678 to the Order of 2nd Reading for the purpose of an anendment. Hearing no objectionr leave ls granted. On the Order of 2nd Reading is Senate Bill 1678. Ms. -- Madam Secretary: are there any Floor amendments approved for consideration?
Amendment No. 2, cffered by Senator O'Malley.
FRESIDINC OFFICER: (SENATOR WATSON) Senator O'Malley, tc explain your amendment.
Thank you, Mr. President, Members of the Senate. Senate Amendment 2 takes the notlfication period provided in the principal part of the bill to sixty days prior to the employee's STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 last day of Work.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Berman.
Thank you, Mr. President. I rise in opposition to the bill. In committee today, we explored the question about, for exampler noncertified perscnnel who are assisting in the education of handicapped children - special ed chlldren - and under this bill, those persons can be given a sixty-day notice at any time during the year and be fired. Well, with the concept of inclusionr I had suggested ar knqukred as to whether why the special ed personnel weren't exempted from this arbitrary sixty-day provision. We didn't get any reasonable answer, and I think that this bill should have been given greater consideration than We were allowed to give So I'm golng to urge a No vote.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator O 'Malley, to close.
I'd appreciate your support of thls amendment.
PRESIDING OFFICER: (SENATOR WATSON) Al1 those in favor: say Aye. Opposed, Nay. The Ayes have and the amendment is adopted. Any further Floor amendments approved for consideration, Madan Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator O'Malley, on the Order of 3rd Reading is Senate Bill 1678. Madam Secretary, would you please read the bill.
Senate Bill 1678. (Secretary reads title of bill) 184 I STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21y 1994 ! I 3rd Reading of the bill. ! PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley. SENATOR O 'MALLEY: Again, thank you, Mr. President and Members of the Senate. : Now, as amended, Senate Bill 1678 prcvides that when an i educational support personnel employee is riffed, the school ' district need provide sixty days notice, prior to the employee's ; last day of workr provided that employee had been employed full time for a continuous period of at least two years. I would be happy to answer questions from the Body. : PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Berman. E SENATOR BERMAN: - I think I gave my 3rd Reading speech on 2nd Reading. I urge a ! No vote. PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Would you -- do you Wish to close, Senator O'Ma11ey? Senator O'Ma11ey. j . SENATOR O IMALLEY: i To close, to just make a feW brief closing remarks. Oh, boy. I First of all, most of us have been approached by our local school districts concerning this blll, and we know there's a great deal 1 ! of interest in it. Exlsting laws in *he area, I believe, chill employment because school districts tend to be reticent to hire support personnel. This makes our schools more businesslike, in that enployees doing similar work outside school -- since employees doing similar work outside schcols don't get the protection currently afforded. I might add too that in lndustry, thirty days seems to be the norm. This -- this particular legislation altows for sixty days. I'd appreciate your support. Thank you. l85 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 1994
PRESIDING OFFICER: (SENATOR WATSON) On that question, shall Senate Bill 1678 passy thcse in favorr vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a1l voted Who Wish? Have al1 voted who wish? Take the record. On thak question, there are 27 votlng Yes, 29 voting Nor 2 voting Present. Senate Bill 1678, having not received required constitutional majority, is declared failed. Senator O'Malley.
I'd request postponed consideration.
PRESIDING OFFICER: (SENATOR WATSON) That request is in order. Postponed Consideration is granted. Senator Philip, on the Order of 3rd Reading is Senate Bill 1688. Senator Philip? Senator Philip .
Thank you, Mr. Presidentw Ladies and Gentlemen of the Senate. With your consent, I'd like to have 1688 referred back to Rules Conmittee.
PRESIDING OFFICER: (SENATOR WATSON) Leave is granted. Senator DeAngelis, on the Order of 3rd Reading is Senate Bill 1691. Madam Secretaryy will you please . read the bill.
Senate Bill 1691. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELTS: Thank you, Mr. President. As a1l of us knowy there has been in effect in Illinois for five years an income tax credit for research and development. was due to sunset this year. This l86 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 bill extends the sunset to the year 1999. As amended, it allcws the exemption fuel - jet fuel - used on domestic flights on inbound international flights. This is prospective. It is revenue-neutral because: currentlyr such fuel is exempt from federal taxation. .And if we do not pass this, What does, it allows these carriers or, factr forces them to buy foreign fuel, put it in the tankz and it's called bonded fuel. This bill then -- now would allow us to purchase domestic fuel and be on a parity in taxation, as they are everyplace else.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1691 pass. Those in favor will vote Aye. Opposed: vote No. The votlng is open. Have a11 voted Who wish? Have a1l voted who wish? Have all voted whc wish? Take the record. On that question, there are 56 voting Yes, no voting Nor no voting Present. Senate Bill 1691, having received the required constitutional majority, is declared passed. Senator Philip, on the Order of 3rd Reading is Senate Bill -- is 1694. Senator Philip. Madam Secretary, please read the bill.
Senate Bill 1694. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Philip.
Thank you, Mr. President and Ladies and Gentlenen of the Senate. Senate Bill 1694, as amended, does basically three things. It adds aggravated kidnapping to the list of offenses for which a third conviction carries life imprësonment. Secondly, gives the State's attorney the the option of transactional immunity or the use immunity in all criminal cases. And 187 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 thirdly, it makes a technical correction in the stalking and aggravated stalking: suggested by a judge in one our courts. Be happy to answer any questions. It's a good 1aw and order bill. It had a full, thorough discussion in the Judiciary Committee, and I'd like to see a. 1ot of green votes up there. .
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Kny discussion? Seeing none, the question is, shall Senate Bill 1694 pass. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have all voted who wish? Have al1 voted who wish? Take the record. On that question, there are 52 voting Yes, 3 voting No# 2 voting Present. Senate Bill 1694, having received the required constituhional majorlty, is declared passed. Senator Philip, on the Ordet' of 3rd Reading is Senate Bill 1698. Read the bill, Mr. Secretany.
Senate Bill 1698. (Secretary reads title of bill) 3rd Reading of *he bill.
PRESIDING OPFICER: (SENATOR WATSON) Senator Philip.
Thank ycu, Mr. President and Ladtes and Gentlemen of the Senate. Once againr 1698, as amendedr is a blll, in my judgment, will get a 1ot of weapons off of the street and being very, very tough on criminals. Firstr it makes armed violence committed with a handgun, saWed-off shotgun, sawed-off rlfle, semiautomatic firearm or machine gun a nandatory twenty-five to thirty years imprisonment. Currently, the law is six to thirty years. The use of other firearms or dangerous weapons, ten to thirty years. It's currently six to thirty years. Secondly, raises the penalty for possessing firearms without a FOID card. If a -- if a... 188 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatkve Day April 2l; 1994 also it also makes it a penalty, becoming a Class 3 felony, which nakes two to five years imprisonment. Last but not least, this puts some real teeth on these people who abuse handguns and who buy handguns without a FOID card. Be happy to answer any questions. Had a thorough discussion in tbe Judiciary Committee, and you're for 1aw and order, you want to vote for this bill. PRESIDING OFFICER: (SENATOR WATSON) Any discusslon? Senator Stern. SENATOR STERN: just -- will the Gentleman yield? PRESIDING OFFICER: (SENATOR WATSON) Yes: he will, Senator Stern. . SENATOR STERN: just wanted to be sure this was part of the Governcr's package on firearms. Is this part of his program for this year? PRESIDING OFFICER: (SENATOR WATSON) Senator Philip. SENATOR PHILIP: No. I haven't checked with the 2nd Floor at all. This is just a very tough law and order idea that -- that We had. PRESIDING OFFICER: (SENATOR WKTSON) Further discussion? Senator Demuzlo. SENATOR DEMUZIO: Well, Senator Philip, I rise to support your bill. I -- We haven't had a Democratlc blll on the Calendar now for some time, and we have none left. Does that mean after we vote for this and get out of here, that maybe We should go home and just leave you thirty-two tc go ahead and conduct your business for the rest of the afternoon? That's a rhetorical question, but I just wanted ko point out that wedre just -- wegre jusk here to help you out. PRESIDING OFFICER: (SENATOR WATSON) l89 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 We appreciate your help, Senator. Further discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just to be clear, wculd the sponsor yield for one question?
PRESIDING OFFICER: (SENATOR WATSON) Yes, he will, Senator Jacobs.
Senator Philip, this -- this bill does nothing as far as to ban any firearns. Is that correct?
PRESIDING OFFICER: (SENATOR WATSON) Senator Philtp.
That is correct.
Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing noner Senator Philipy to close.
Well, it's strong law and order. -- -- does What we should do to people who who create crimes without legally entitled to oNn a flrearm. And certainly would like see a 1ot of green votes up there.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bi1l 1698 pass. Those in favor Will vote Aye. The opposed, vote No. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a11 voted who wish? Take the record. On that question, there are votlng Yes, no voting No, 3 voting Present. Senate Blll 1698: having received the required constitutional majority, is declared passed. Senator Philip, do you wish this bill returned to 2nd Reading for the purpose of amendment? Senator Philip seeks leave of the 3ody 190 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day April 21, 1994 to return Senate Bill 1706 to the Order of 2nd Reading for the purpose of amendment. Hearing no objection, leave is granted. On I the Order of 2nd Reading is Senate Bill 1706. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senator Madigan.
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan, to explain your amendment.
Thank you, Mr. President. Floor Amendment No. l to Senate Bill 1706 increases the level cf point of service business a limited health service organization wculd be permitted to write, from ten percent to twenty percent cf that organization's total limited health services expenditures for any calendar quarter. I would be glad to answer any questions to Floor Amendment No . 1 ta Senate Bill 1706, and otherwise, would ask for its adoption.
PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Seeing none: a11 those in favorr say Aye. Opposedy Nay. The Ayes have lt, and the amendment is adopted. Any further Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Burzynski.
PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.
Thank you, Mr. President and Ladies and Gentlenen of the Senate. Floor Amendment 2 adds an insurance agent to both the Mine Subsidence Board and the Fair Plan Board. I would be more than willing to answer any quesklons.
PRESIDING OFFICER: (SENATOR WATSON) Discussion? Senator Cullerton.
19l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION ' SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 I i Yes. Wauld the spcnsor yield?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yield, Senator Cullerton.
. Senatcr, before we attach this amendment to the bill, perhaps we ought to get a explanation from you as to What happened in committee, and what type of assurances were made to the insurance companies that oppose the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Burzynski.
Thank youy Senator Cullerton. That's a very gocd question. There were some concerns expressed about the balance within the Board ltself and that producers wanted to make sure that -- the owners wanted to make sure that they had adequate representationz as well. There will be an agreement reached, as Well, when this bill proceeds through the House process, to ensure that that balance is maintained that is currently in the Statutes.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator Burzynskir will you Wtsh to close? A1l those in favor, say Aye . Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments?
No further amendments, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. SenaEor Philip, on the Order of 3rd Reading is Senate Bill 1706. Mr. Secretary, please read the bill.
Senate Bill 1706. (Secretary reads title of bill) 3rd Reading of the bill. l92 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 PRESIDING OFFICER: (SENATOR WATSON) Senator Philip . SENATOR PHILIP: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1706 has been just amended. It amends the Limlted Hea1th Service Organizatlon Act by including clinical laboratory services. And of course youdve just heard of Senator Madlgan's amendment, and Senator Burzynskl's amendment. So I'd ask fcr some -- your favorable support. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1706 pass. Those in favor Will vote Aye. Opposedr vote Noe The voting is open. Rave a11 voted who wish? Have al1 voted who wish? Have a1l voted kho wish? Take the record. On that question, there are 57 voting Yesr no voting No, no voting Present.. Senate 1706, having recelved the required . constituhional majcrity, is declared passed. Senator Maitland, do you Wish this bill returned to 2nd Reading for the purpose of an amendment? Senate Bill 1709. Senator Maitland returns -- seeks leave of the Body to return Senate Bill 1709 to the Order of 2nd Reading for the purpose of an amendment. Hearing no objection, leave is granted. On the Order of 2nd Reading is Senate Bi11 1709. Mr. Secretary , are there any Floor amendments approved for consideration? SECRETARY HARRY: Amendment No. 18, offered by Senators Maitland and Madigan. PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland r to explain your amendment. SENATOR MAITLAND: Thank you very much, Mr. Presidentr Members of the Senate. Amendment No. 18 changed Amendment No . In the original amendment, the coverage that Would be -- the minimum coverage STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 would have been the components that generally were embraced in the no-frills coverage that we passed a number of years ago. Senate Amendment No . l8r Floor Amendment No. l8r takes those requirements back up to a level that all employers are to offer in their plans, the event that they offer plans. So, it just becomes what State 1aw now is.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? A11 those in favor, say Aye. Opposed, Nay. The Ayes have and the amendment adopted. Any further Floor amendments approved for conslderation?
No further amendments filed, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Maitland, on the Order of 3rd Reading is Senate Bill 1709. Mr. Secretary, please read the blll.
Senate Bill 1709. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
Thank you very much, Mr. President, Members of the Senate . Senate B111 1709 and 1710, which will follow, are a result of the work done by the Governor's Task Foree on -- on Healbh Care. Was -- I served on that task force, and Senate Bill 1709 would permlt enployers of any size to band together for the purpose of purchasing health insurance, authorize insurance company products for these purchasing group arrangements, and develop financially secure and cost-effective markets for the basic health care needs of employers and employees and their dependents. Currently in Illinois, it is not permitted for for companies to band l94 STATE OF ILLINOIS 88TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprël 21, 1994 together to secure health insurance. We now -- this now -- this this legislatlcn now allows for the creation of what we now call ''health purchasing groups''. Lot of discussion on this legislation. I believe there is pretty much agreenent across the board, and I would -- would seek your suppcrt. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Palmer. SENATOR PALMER: Thank you. A question of the sponsor. PRESIDING OFFICER: (SENATOR WATSON) The sponsor will yield, Senator Palmer. SENATOR PALMER: Senator Maltland, is this suppcsed to be Illinois' version of managed health care or universal health care, or something to that effect? PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland. SENATOR MAITLAND : No -- no, Senatorr it is not. This just simply gives . companies the ability to band tagether - and ''band together'' may be a pcor choice of words but Work together to go out and seek coverage fcr their -- employees. It is not -- hasn't anything to do with managed care. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Cullerton. SENATOR CULLERTON : Yes. Would the sponsor yield? PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland will yield, Senator Cullerton. SENATOR CULLERTON: Yesz Senator, the -- the bkll alloWs for the companies to band together in these health purchasing groups. Would then there be a l95 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 contract between that group and the provider of the insurance?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
Senator Cullertonr it's my understanding that they would negotiate a contract. Xes, sir.
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullertcn.
Is there anythin: in this that Would prohibit or limit the ability of an the contracting party - the health provider - to expel a employer ory if that employer showed a partieularly large number of claimB? other wordsr could they just kick -- Aick out a company if they felt that Wasn't -- was too costly for that particular provider?
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
khinky Senator, it would depend upon what was put into the contract. We want to tell them the coverage that they 're going to have, and that's What this sets forth - what -- What they -- if they get into the pooling arrangement or -- or these health purchasing groups. But I think tt would depend upon the contract how that's written whether or not that was the case. And frankly, we don't have any control, at thls point, on that.
PRESIDING OFFICER: (SENATOR WATSON) Eurther discussion? Seeing none, Senator Maitland, to close.
Would appreciate the Body's supporty Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1709 pass. Those in favor will vote Aye. Opposedr vote No. The voting is open. Have a1l 196 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 voted who wish? Have all voted who wish? Have a11 voted Who wish? Take the record. On that questiony there are 57 voting ; Yes, no voting No, no voting Present. Senate Bill 1709, having I received the required constitutional majorityz is declared passed. Senator Maitland seeks leave of the Bady to return Senate Bill 1710 to tbe Order of 2nd Reading for the purpose of an amendment. Hearing no objectionr leave is granted. On the Order of 2nd Reading ls Senate Bill 1710. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. 1, offered by Senators Maitland and Madigan.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
Thank you very much, Mr. President, Members of the Senate. This proposal attempts to increase the availability of insurance coverage to Illinois employees by offering a lower-cost alternative extension to an emplcyer's plan when employnent is termlnated, and two, allowing access to portability of coverage. It applies to preexlsting conditions when changing places of employment. I would mave for the adoption.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator 5m1th.
.. . tmicrophone cutoffl...presldent. I nerely Nanted to -- on the last bill, 1709, ny Present didn't go off, and so you didn't - - no vote. I wan: to be registered Yes on that. Senate Bill 1709, please. !
PRESIDING OFFICER: (SENATOR WATSON) Thank you. Any further discussion? Al1 those in favor, vate Aye. Beg your pardon. Al1 those in favor, say Aye. All those I opposed, Nay. The Ayes have it, and the amendment is adopted . 197 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l# 1994 Any further Floor amendments approved for ccnsideration, Mr. Seeretary? SECRETARY HARRY: No further amendments reported, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Maitland, on the Order of 3rd Reading is Senate Bi11 1710. Mr. Secretary, Would you please read the bill. SECRETARY HARRY: Senate Bi11 1710. (secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland. Senator Maitland. . SENATOR 'MAITLAND: Thank you very much, Mr. President, Members of the Senate. This is the second bill of the package, and this is the one dealing ,with portability in an attempt to bridge the gap of . employees as they move from -- from one employer to another. And - - and thisr T would suggest, Mr. President, is -- is one that has had continuing, ongoing discussion with with the State's insurance providers and business concerns. There is some questions yet to be asked, but we would like to see this move over to the House, and further negotiations, I'm sure: will take place. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, the question is, shall Senate Bil1 1710 pass. Those in favor, vote Aye. Vote -- opposed, voEe No. The voting is open. Have a11 voted who wish? Have a11 voted who Wish? Have a1l voted Whc Wish? Take the record. On that question, there are 56 voting Yes, no votlng No, no voting Present. Senate Bill 1710, having received the required constitutional majority, is declared passed. Senator Ralph Dunn. Senate Bill 1715, on the Order of 3rd Reading? Mr. Secretary, l98 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21# 1994 will you please read the bill. i
Senate Bill 1715. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Ralph Dunn. SENATOR R. DUNN : . Thank you, Mr. President. Senate Bill 1715, as amended: is a -- is a land conveyance bill. It conveys tWO parcels of land in Winnebago County - cne small oney one large one. It conveys a small, one-acre parcel of land in Woodford County, a three-and-a-half-acre parcel in Tazewell County, and a thirty-nine-acre tract that's traded fcr another tract of land in -- in Jefferson County. Then there's a small parcel of land in the Anna-lonesboro area conveyed by the Water Commission to -- from the -- from the Department of Mental Hea1th and Department of Conservation to the Anna-lonesboro Water Commlssion. There 's another part, two small land conveyances in Sangamon County, and a seven-acre parcel in Grundy County. Tt wasn 't needed any longerr and it's just been abandoned by the State. I'd be glad to answer any questions, and move for the passage.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discussion? Seeing nane, the questlon isy shall Senate Bill 1715 pass. Those in favor W11l vote Aye. Opposedg vote No. The voting is open. Have a1l voted Who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that questiony there are 57 voting Yes, no voting No, no voting Present. Senate Bill 1715, having received the required constitutional majority, is declared passed. Senator O'Malley seeks leave of the Body to return Senate Bill 1716 to the Order of 2nd Reading for khe purpose of an amendment. Hearing no objection, 1 199 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 leave is granted. On the Order of 2nd Reading is Senate Bill 1716. Mr. Secretary, are there any Floor amendnents approved for consideration?
Amendment No . offered by Senator O'Malley.
PRESIDING OFFICER: (SENATOR WATSON) Senator O 'Malleyy to explain your amendment.
Thank yau, Mr. President and Members of the Senate. Senate Amendment to Senate Bill 1716 amends Senate Amendment 1 to address two concerns that were raised during a recent committee -- a recent committee meeting; that is, the retirement questions and the carrying over of unspent funds. Downstate the Downstate and Chicago Teachers' Pension Articles are amended to allow charter school employees who are certified to continue to participate in their respective pension systems. No current member of the two systems will be penalized for being employed at a charter school.
PRESTDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing noner a1l those in favory say Aye. Oppcsed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDINC OFFICER: (SENATOR WATSON) 3rd Reading. Senator O'Malley, on the Order of 3rd Reading is Senate Bill 1716. Mr. Secretary, please read the bill.
Senate Bill 1716. (Secretary reads title of bill) 3rd Reading of the bill. 200 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 PRESIDING OFFICER: (SENATOR WATSON) Senator O'Ma11ey. SENATOR O'MALLEY: Thank your Mr. President and Members of the Senate, again. This is the charter school legislation of the -- of the Governor as origlnally introduced, and rather than try and explain the bili in great detail and -- at this potnt in timer I'd rather answer . questions from the Body. We've spent a 1ot of time discussing - - ln committee. . PRESIDING OFFICER: (SENATOR MAITLAND) Is there discusslcn? Senator Palmer. Senator Berman. SENATOR BERMAN: Thank you, Mr. President, Ladies and Gentlemen of the Senate. rise in cpposition to Senate Bill 1716. I have several reasans. Let me go through them rather quickly. As I mentioned relation to a bill earlier today dealing with the Learnlng Zone schools in Chicago, this morning an amendment authored by Senator Demuzio and myself was offered Education Committee to thls bill. And we thoughe that this would be a reasonable compromise to address the many, nany, nany suggestions regarding revamping of Chicago schools and, at the same time, being part cf the effcrt regarding charter schocls. that amendment was rejected on a partisan roll call. think that I'm frustrated because I think that there is an lnterest in innovation in Chicago, but that innovation has to come from people in Chicago who want to come forth and be responsible for our children in Chicago, eo ;et -- to do a b/tter job. Yesterday there was testimony on this bill ln the Education Committee from a representative of the Urban League. She voiced number of of concerns. There Was also a witness -- Who -- who was a PTA and a local school eouncil member. She -- she voiced scme coneerns. It was interesting that the concerns raised by the Teachers' Pension Fund was aecommodated and included in an 20l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 amendment that we just adopted five minutes ago, but the concerns of a mother, a PTA member, an LSC membery a representative from one of the broadest-based organizations in Chicago they weren 't included ln any amendnent that we saw taday. That disturbs me. I think there's been a lack of inclusion of concerns of Chicagoans in this charter school pragran . Moving on: 1 Want to refresh your memory that in the Governor's State of the State Message, the Governor proposed, just a couple months agor that there be twelve schools total in the charter plan: four in Chicago, four the suburbs, and four downstate. Qhis blll has now çot forty-five schools: fifteen in Chicagcy fifteen ln the suburbs, fifteen downstate. And a key element that Was in the Learning Zone school program, but is not in this program, is as follows: everything except a list of about six or seven different pieces of leglslation is automatlcally Waived by the people that come forth to seek this charter school authorization. In the Learning Zone bill, we debated and the commisslon adopted a requirement that you want to waive a State lawy if you want to waive a State Board rule, if you want to Waive some local bcard rule, you come in with . the appllcation; you show how the Waiver of that rule will help to . move the children, that are gcing to be in your charter school, forward. You justify the waiver of these rules or laws. That provision is not in the charter school bill. What you are doing (n thks proposed charter school bill is to say that the children that are going to be your charter school have no outline of What the teachers, the administration, the charter school grantees are going to do with your children, as far as being able to ignore a whole body of law. Now, some people say that those are mandates, and that's a terrible word. And, ohr I hate mandates. The trouble is, when you sit down with a group of educators or administratcrs and you say, ''What mandates do you really want to waive and why?'' well, you really don't get much oc an answer. You 202 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 really don't get much of an answer. So a11 We 're suggesting, or I a1l that we suggested in this, is that if you want to be a charter school, tell the public, tell the charter granting authority, tell the local school board and the State Board whyr in favor of educating our childrenz should Rule 14 be Waived, should such and such rule be waived, shculd such and such 1aw be waived. That's not in here. You 're giving a blank check to the people that want . to call themselves charter school organizers. Now, everybody -- strike that. Some people like the phrase ''charter schools''. It's exciting. Well, Ladies and Gentlemenr let me tell you the faets. - It may be exciting, but we don't know if it will mean anything. v The first state - the first state - to adopt charter schools was Minnesota. Their schools went to -- some of their schools went to charter status September of 1993. No one -- the most ardent 'advocate of charter schocls admits, and admitted at a hearing that we had here in Springfield a couple of months ago - they admit there is no track record - none - to show that any of the charter schools ln any of the other states haver in factz accomplished a greaeer educational achievement for our children -- for their children than the previous system. None. We hope it does. I hope it daes. But there is no track record. Why should we allow our children, wlthout a track record, to be put into a system Where a11 the rules, a11 the laws that we've debated and our predecesscrs have debated and the -- previous and existing Governors have signed into law, zippo, forget about themy just take care of our kids as you see fit, without any guldelines -- virkually any guidelines at all? If this was a business in which you're inventing widgets, you want to gamble your own moneyr invest your own money, be our guest, but that's not what you're doing here. You're taking our children's livesr our children's education, hoping that it works, and the minimum grant for a charter school is three years. Ladies and Gentlemen, if it 203 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2lr 1994 doesn't work, who's going to make up those three years for those children? It's tco early . It is noe responsive to the needs of I different parts of this State. I urge a No vote.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-Karis. '
Will the sponscr yield for question?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yieldy Senator Geo-Karis.
Under thls blll, the charter Would be -- would have to be initially approved by the local school board. Is that correct?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Ma11ey. SENATOR . . O CMALLEY: That ts correcty Senator.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-Karis.
. .. tmicrophone cutoffl...board -- the boards must give preference to charter school proposals that, one, would have a high level of puplly parental, community, business and school ! Personnel Support. Is that Correct?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley.
That ts correct.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-Karis.
They would set rigorous levels of expected pupil achievement and are designed to serve at-risk students. Is Ehat correct? 204 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Ma11ey. I
' That is correct. PRESIDING OFFICER: (SENATOR MAITLAND) ' Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senatey Richard Dennis, one of the biggest fund-raisers for the Democrat Party, has written to ne twice supporting charter schools, and he's a brilliant man. He's a multimillionaire, and he's done quite a bit of study on this situation. So I think it's Worth a try. When you talk about a track record, my dear colleague, uhen the edueatiolt system in Illinoks started, there was no *rack record for thatz either. You have to start somewhere. And I Would urge -a favorable passage of this bill, and I think it's worth a try. We can't do any worse, and we might do much better.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Palmer.
Thank you, Mr. President. And to the Body on this b#ll: Once agaln, thls is a radical redistribution of exlsting resources without any acknowledgement that the troubles facing the schools in Illinois are ones of inadequate funding and inequitable funding. And certainly for the last three years, that has been brought before this Body in more ways than one. I -- when I read this, I am really very saddened, because I was at the Educational Summit in October of 1987 when parentsr teachers, reformersr people from a1l over the City of Chicago came together in one massive meeting to express their disappointment in Chtcago schools. But out of that was shaped and honed a reform movement that tncluded everybody who wanted to participate, and it led Eo a 205 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 21, 1994 1 reform bill that both sides of the aisle helped to shape. This is : an end run around those very people, and I am amazed, over and over again, that none of these people were involved. This could have been a decent idea, and I don't understandy frankly - that's really a rhetorical kind of remark - why We have to ram this down the throats of Chicagor when we could bave Worked together. Nc one is opposed to reform, and nc one is opposed to bringing in new ideas, but it is very suspect when we do not involve the very people who in fact are organizedy and in fact are people involved in change, why we would bring this bill before us at this time. I suggest to you that this is a very bad bill. It is an unfair bill. And once again, We are being dictated to by people who are not in Chicago and really haven't the fcggiest notion abaut what is going on in my City, and not yours.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fawell.
Thank you very much. It's interesting to hear the other side of the aisle keep referring to this as a Chicago bill. Perhaps you ought to read lt one more time. Yes, Chlcago gets fifteen schools, but so do the collar counties and so do the rest of the -- the downstate counties. One of the thlngs that I noticed when I was teaching was the fact that we were so regiment -- regimented. We had to be on page 87 by September 30th, or heads would roll. We were a11 glven teachers' manuals, and in those teachers' manuals were question one, question two, questlon three, question four. You know, an idiot could have taught those school kids. It didn't take four, flve years of college training. Most of us who went into teaching, went into teaching with the idea that we Would teach; that maybe we had something to offer that was a little unique to those kids; that maybe We could get them as interested in learning as -- as we were; that maybe there was 206 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 21, 1994 i sonething exciting in those books that We handed them, rather than I this rote nonsense the bock publishers tell us We should throk at these kids. Charter schools Will give the teachers that ability to ccme up with a program which Will come to the aid of those kids that we are losing. Maybe We could set up.a school for those kids who are particularly interested in art, or particularly interested in math. In fact, if you want to really look at this, ke 've already set up a charter school in this school -- in this State, and it's been very successful. Happens to be ln Aurora : and it happens to be called the Math and Science Academy. What else is that but a charter school? This is a good idea. Teachers, once they get used to the idea that nobody 's gcing to tell them that they have to be on page 87 at a certaln day, at a certain time, will want this bill. This is what we went to school fcr. Thls is why we became teachers. This is a good vote. Maybe if we pass something like this, we 'll not only save those -- fifty percent of those kids that We 're losing in the Chicago schools, but we might even save the twenty-six percent of the gifted children that we are also losing, that nobody wants to talk about. This is a good bill, and we ought to vote for it.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia.
Thank you, Mr. President. Will the sponsor yield for a couple of questions?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senater Garcia.
Thank you. Senatcr O'Malley, I did not hear some of the discussion earlier regarding areas which are nonwaverable <sic>, but I understand, and I belleve I heard correctly, that one of those laws which was -- Which did not have to be adhered to is 207 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 1994 bilingual education. If that is the case, can ycu tell me Why that is the case?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Ma11ey.
is not specifically nonwaverable <sic> in the bill, Senator Garcia, but -- is matter of the charter. If that community wants it not to be waived, then kt would be something that should be in the charter.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia.
I bekieve that during the debate in committee, and perhaps prior to that, there Was a request that btlinguak educatëon be included along With those other, I believe, six laws that cannot be waived that the schools nust adhere to. belteve that the polnt Was well-taken, in that there Was a commitnent to include them. Why d1d that not happen?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley.
Senator Garcia , that -- I -- as recalk, and 1 Was tn those committee hearings, there was no commltment made to do that. And I -- again, would say to you, it's scmething that's still open for discussion as this matter proceeds through the legislative process. But at this point in tine, believe my explanatëon to you earlier would be very appropriate. think that Ehose communities Nhere a charter might be established could be very: very concerned about bilingual education, and make sure that it's included as a provision in their charter.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia. 208 j STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 SENATOR GARCIA: Senator O'Malley, swikching gears, regarding students who might be suspended or, mcre importantly, expelled from a charter schooly is it true that these students would then be considered expelled from the public school system in Chicago? PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley. SENATOR O 'MALLEY: That is correct. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcla . SENATOR GARCIA: And given your expertlse and educationr what do you suppose would happen to students Who may Wind up in this predicament? PRESIDING OPFICER: (SENATOR MAITLAND) Senator O'Malley. SENATOR O 'MALLEY: I would -- I would say that the -- to Senator Garcia, that the expectation Would be that that is a provision that could be placed in the charter. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcla. SENATOR GARCIA: Well, another question. I understand that these charter schools may choose to charge fees for textbooks or other instructional materials or any other fees that they deem fit. What about poor people and low-income people, students whcse parents might not be able to afford the payment of these fees? Have you given that any thought? PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley. SENATOR O'MALLEY: 209 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21: 1994 . Again, Senator Garcta, that is something that could be placed : in the charter; that those parents -- those children wouldn 't be subject to any fees like that.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia. .
Then We haven't reakly addressed that. We think that locally that will be solved. Is that correct?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley. SENATOR O 'MALLEY: Senator Garciay I believe that is simllar to what we have ncw.
PRESIDING OFFICER: (SENATOR MAITLAND) . Senauor Garcia. SENATOR GARCIA: One last question and a commentr Senator O'Ma11ey. Are Chicago teachers not permitted to pay into the retirement system? I heard you mention teachers. I believe they were all teachers outside of the Chicago School Systen. Am I incorrect in assuming that?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley.
Senator Garcia, the amendments that we put on have -- have addressed that concern.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Garcia.
So I'm to understand that Chicago teachers could continue to pay into their pension fund. Is that correct?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Ma11ey. 210 l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 108th Legislative Day April 2l, 1994
That is correct, Senatcr. PRESIDING OFFICER: (SENATOR MAITLAND) I Senator Garcia . . i SENATOR GARCIA: . Thank you, Senator O'Malley. I just want to say that I'm voting against this bill because I believe that this bill excluded parties that should have been involved in this process. If we really want anything to be successful in Illinois or in the City of Chicago, then people must be involved in that process lf it is going to be true to a splrit of change and reform . And I feel that this process has been one that has been sacrificed fcr expediency. We want to rush to set something up, and we want to legislate it from the top down. Secondly, I think it goes contrary to the spirit of school reform, and unless people in the canmunities that will be affected by this take ownership of a targeted goal that we have, then I think it is doomed to failure. That's Why I urge a No vote. Thank...tmicrophone cutoffl...
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Earpiel.
Well, thank you, Mr. President. I Would like to just reiterate something that Senator Fawell pointed out, and I want to say it real loud and clear: Thls is not a Chicago bill. For once we're talking about education in the entire State, not just Chicago. There are fifteen charter schools to be authorized in downstate, fifteen in the collar counties, and fifteen in Chicago . And may I also emphasize that this is voluntary. We're not mandating that any school, any local school council, any district, anybody, has a charter school. If they don't Want 'em, they don't like 'en , they feel theylve been left out of the process, they don't like what's -- what a charter school's a11 about, they don 't have to have one. 2l1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 108th Legislatlve Day April 2l, 1994 I It takes -- it takes public hearlngs; it takes plannlng; and it i takes the okay of the local school councils, the teachers, khe parents and the students and everyone involved to forn a charter school. And it is voluntary. 5f they don't like itr they don't have to do it. They have to, by the way, when they -- .if they do want a charter schoolr they have to have a mission statement, goals, objectivesr educational program: curriculumz the school year. This isn't just a bunch of people getting tcgether and opening up a school and saying, ''Okay, now what do we do?'' They have to go according to certain regulations, certain ideals, and they have to come up with it themselves. Senator Garcia and some other people over there, you've been talking about the local school councils. I've worked with Ehe local school councils on a 1ot of issues in the past, and I am a member - although, I must admit, I don't get to many meetings - of Cities In Schools. But the local school council people that I have Wcrked with asked for one thing: Give us some control. We're tired of a11 the control in Chicagc coming from the top, and we don't get to say what's going on in our own local dlstricts. This wlll give them controlr because lt takes the local school council to okay a charter; it takes them to plan the plans, the curriculum. And by the Wayr Senator Garcia, if they want a currlculum lncluding bilingual - and if it were in my school district, in new 46, they would probably have that, because they have a very large and successful and wonderful bilingual program in neW 46 - and if your school districts want bilingual, they can have it. They get to decide what they want to do. What are we so afraid of that every time we try to do something about education in this Stater we come up with the same old arguments? Who are We protecting and why can 't we just try it? It isn't mandatory. It's voluntary. You don't have to have it if you don't want it. You get to put together your own program and try some innovation, for a change. And it would only 212 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2lr 1994 be fifteen in the City of Chicago. Fifteen downstate. Fifteen in the collars. And We can then see how it works. What are we so afraid of to try something once in a while around this place? Talk about dinosaur mentality!
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins.
Thank you, Mr. Chairman. A question of the sponsor, please.
PRESIDING OFFICER: (SENATOR MAITLAND) Indlcates he will yield, Senator Collins.
Senator, this particular bill, will -- I I notice that the charter schools can, in fact, charge a fee for textbooks and for instructional materials and student activities. Now also understand that under current law , that you can do that now in the public school system. But, I dcn't know whether you realize it or not, there is a waiver provision -- provision in the existlng lawr whlch does not exist under ycur chartered school bill. Now I'm concerned about whether or not the child who cannot afford to pay and I'n not talking about Chicago: because there are people downstate who won't have the monies to pay for textbooks or instructional material or activities - can this be used as a criteria for students not being able to participate? And then what will you do about waiving those fees so that they Will have equal opportunity and access if they so choose to participate in this bill?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley.
Well, again, I I don't want to be redundant, but I I think the answer gave to Senator Garcia is similar to the answer I would give to ycu. That could be a function of the charter, 213 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Senator, and that's the nature cf this process: decentralizationr local control. It's an opportunity for people whc are involved locallyr who want to be, are very interested ln schcollng, education and their children, to come up with a charter, and in that charter can be specifically what ycu're asking for. I
PRESIDING OFFICER: (SENATOR MAITLAND) Senatcr Collins.
So -- sc you're saying that the people will make the decision themselves as to whether or not there should be a fee. Oftentlmes, Senator - and I don't know whether you realize it or not - the people who probably need the assistance the most will not be actively involved in the decision maklng that goes into the charter, and that's what I'm concerned about here. Someone has to speak for those children in those families. You know, that's just basic reality. They 're not going to be there. There Will not be that -- that input. NoN to the broader question: I am not afraid, personally, of some kind of innovative ideas. But if this problem, this -- this whcle charter school deal, came up because the ultimate goal somehcw is based on the premise that we have enacted legislative rules and probably local administrative rules that somehow impedes the progress of learning in these schools - and, Senatcr, I'm talking with you, the sponsor - if that be the case, I would like to know whether or not there were hearings in the -- in the school districts With al1 of these people who have the responsibility for administering these schools, and -- and they could identlfy specific some rules and regulations, whether or not they were legislative or admlnistratlve, at the local levelr that -- that they could have some definitive data and say E these rules are the reason or they impeded our progress toward achieving the goals of education. And if that was the caser when did that take place, and how many rules that you can identify or 214 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 tell us, for example - just give me cne or two that ycu knowr for example - that that there was an outcry about that said, ''These rules are bad for educating children, because it -- it impedes our progress.'' It would appear to me that before you enact legislationr we may just need a committee to go around and put together a11 of the administrative rules and al1 of the legislative rules, and take a look at it and -- and slt down with those people who are respcnsible for the administration and the -- and the programmatic planning in the education systemy and maybe they will just tell us off the bat, HThese rules need to be -- repealed so that we can be about the business of educating children.'' And we wouldn't have to be going through this debate. And I thlnk that that would give us the test. If We suspend those rules, and then give it a time to operate, We may be able to look at and see whether or nct We could make some progress based on these antlquated or -- or lnflexible rules that we have imposed upon the school districts. And I'm really concerned about that.
PRESIDING OFFICER: (SENATOR MAITLAND) Further dlscussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you, Mr. President. I think that the charter school concept is a concept that we should continue to explore, and I think that maybe if we can deal with some of the issues that have been addressed here today, including ensuring thak children who are limited English-proficient are not left out in the cold, I think it could be done, especially if we're talking abou: doing 1* on a pilot basis, on a limited basls - fifteen schools - a few schools in Chicago, a few in the suburbs, a few downstate. But what we ought to be doing ls also coming up With the dollars tc fund them. And I think that, given the interests of the private sector in this, maybe Where we ought to start is by going to the Illinois Manufacturers' Association and the Illinois Chamber of 2l5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 Commerce and al1 these groups who spent a lot of mcney to defeat the education constitutional amendment. Maybe these groups could I then kick into a fund to support chartered schools, and then the I Governor could set aside some dollars that he can get by cutting ' his budget and cutting cther administrative expenses, and use those dollars to also support a few chartered schools on a pilok basis. But that's not what we're talking abcut here. What we're talking about is going to Chicago and going to other parts and saying, ''You're already struggling, but you're going to have to use your current resources, your existing resources, to do that.'' And that's wrong. And then We don't even allow a provision tc make sure that students - low-income students - who cannot affcrd, . . for a whole bunch of different reasons, to pay for textbccks, instructional materials and for student actlvities -- we don't even allow for a waiver for that. I need to ask the sponsor a question, if I may.
PRESIDING OFPICER: (SENATOR MAITLAND) Indlcates he will yield, Senator del Valle. SENATOR dEL VALLE: Senator O'Malley, the bill indicates that ninety-five percent -- that the per capita student tuition wi11 not be ninety-five percent less than the current per capita student tultion. Now, could you explain to me how it is that we're golng to calculate that in the City of Chicago, where you have to lnclude categorical funding for the per-pupil spendlng - that categorical funding includes bilingual educatlon and a number of other areas - and where we also have to include Chapter I -- State Chapter I funding for low-income students? If a charter school does not have low-income students, if a charter school does not have a large percentage of low-income students, if a charter school does not have bilingual students or students inneedofbilingual 1 education,howis it that we're going to come up with the 1 ! 216 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 ninety-fivepercentpercapitatuition? 1 ,
PRESIDING OFFICER: (SENATOR MAITLAND) Senator -- Senator O'Malley. , !
. Senator del Valle, as you know - and you attended a number of . i . the hearlngs we had in committee on this - the range here Will be ninety-five to a hundred and five percent. What Will actually be I the case, however, I think we al1 have to understand what the process is about. You just don't go in and get a charter school ! just ' because you ask for one. You're going to have to gc to -- in j the case of a Chicagc charter school: go to the Chicago Board of Educatlonr and you're going to have to present a charter to them and make a contract with them in the manner that the school will i be conducted. I would think that the provisions you 're talking . about would be certainly appropriate to be discussed and prcvided for in that charter, and I think that's hoW it's going to happen. i And that's how it's going to happen al1 over the State. ; PRESIDING OFFICER: (SENATOR MAITLAND) Senator del Valle. I SENATOR dEL VALLE: j 1 Senator O 'Malley, the bill specifically states hoW nuch fundtng is going to go to these schools. And so, I'm just asking, how are you going to arrive at the amount, based on the bill that indicates that it cannot be less than nknety five percent of the - 1 ' per capita -- current per capita student tuition? PRESIDING OPFICER: (SENATOR MAITLAND) Senator O'Malley. SENATOR O 'MALLEY: Senator, that information is available from the State Board of Education, as you know very Well. PRESIDING OFFICER: (SENATOR MAITLAND) Senatorde1Valle. 1 i 1 217 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21# 1994 SENATOR dEL VALLE: Welly in closing, I really feel that this bill needs an -- an awful 1ot of work, and -- and I think you know it, Senator O'Malley. There were not public hearings cn this bill. We had a hearing in committee; but I can't think of one public hearing in . the City of Chicaqo where schocl reforn groups, Where experts were given an opportunity to come forth and speak to this prcposal, and this proposal was just recently unveiled. And so what 1 think we ought to be doing -- because I -- I do want the day to come when I can support a concept like this. I'm really genuinely interested ln it. But this is not the time to do thls. Let's do it right. And I ask that you consider my request to go back to the drawing board and see if we can come up with something that we can a11 live witll. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Senatqr Hawklnson.
. Thank your Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senator Hawkinson.
Thank youe Mr. President. Senator, I agree with most of the comments of the last speaker, but I think I reach a different conclusion. And let me -- but let me check that out, because I think this bill still needs a good deal of work, as well. And while I favor *he concep*, in looking at i*, I have some real concerns about how this bill is drafted . But is it your intention to -- if this bill goes to the Hcuse, to -- to go to the drawing board and to still seek further anendment to it?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley. 218 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21: 1994
This is a very fluid prccess. would expect that as it -- as it goes through the legislative process, there will be a 1ot of discussion. There'll be a 1ot more input than there even has been to date, and there has been plenty. And so I Would expect to see this back here with some additional provisions.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinson.
Well, with that understanding, 1, for one, Who voted for the education amendment and supported it and have not been in favor of takin: public school dollars through a voucher system while we dcn't adequately fund public educationy but I think this is an innovative concept, as Senator del Valle recognized, and I think while it may be not the time to enact the final bill: it's certainly not the time to kill the concept. And I think we ought to move lt along, in the hcpe that we can improve this one.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Demuzio.
Thank you very much, Mr. Presidentr Ladies and Gentlemen of the Senate. I certainly don't disagree also with the concept of -- of charter schools. I do, however, quarret wkth some of the provisions of -- that are included in thls bill, even though it will be a continuing processr as Senator has indicated on the other slde of *he aisle, wlth respec: Eo further work in the House. The one thak I'm particularly interested in herey it says allows indlviduals without teaching certificates to teach in public classrooms. Thirty years ago, when I taught the sixth grade, I made a very valiant effort to attempt to qet to the provisional certificate level of sixty semester hours at that time, and then ninety hours the following year. I don't know Why 219 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 I wcrked so hard to -- on the provisicnal certificate and to try to get my certlficate to teach, if we're going to now just simply willy-nilly say that individuals - anybody - without any Eraining : whatsoever, can ccme into the classroom and teach youngsters. That's llke saying that you don't have to have an architect's license in order to build a buildingr or you don't have to have a attorney 's license in order to be a practicing attorney. Welly come to think of it, there are a number of people around here who think they are practicing attorneys and don't need a license anyway. But nevertheless, I guess my -- ny real point is that I'm not really opposed to this concept. I would like to see more about it. I would like to see the results that are happenlng in other states with respect to charter schools. This isy as Senator Karpiel has indicated, not a Chicago issue. Flexibility: We 've already given school districts the flexibility in a bill that we passed out tcday - was Senator Klenm's, in Senate Bill 1381. So I think that although the innovative and creative approach that thls bill seeks tc bring abouty I'm not quite sure that the results are those that -- are going to be those that will be found in other studies or other surveys of those states that have created charter schools. So I don 't think that this is the time, and I Wculd rise in opposition. END OF TAPE TAPE 6
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Stern.
220 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Mr. President and Members of the Senate, I too find this a seductive concept, and would like to see and hear more about it. ! I was at Richard Dennis ' breakfast and listened to the experiences E of other States that had established charter schools and heard : something about them. I see some problems with this oner most of i which have been aired - this bl11, I mean. And I'd like to ask about just one, and ik may be a minor inconsistency. I'm not sure. On page 5, Section 27 -- 27A-5, line 21, it speaks of the fact that a charter school shall be a public: nonsectarian, nonreligion, non-home based, and nonprofit school. On the very next page, it makes the statement at the bottom of the page, among the last couple of llnes, that a charter school may negotiate and contract with a school district, et cetera, et cetera and et cetera: or any public or for-proflt or nonprofit organization. NoWy if it has to be a -- not-for-profit on one pagey how can it . be fcr-profit on the other? It's just something I would ask about. PRESIDING OFFICER: (SENATOR MAITLANDJ Senator O lMalley.
Senatorr that last provision that you referred to has to do with renting facilities.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Stern.
Is i: only renting facilities? Theydre not renting services or course instruction or anything. Only -- only buildings? Is that correct?
PRESIDING OPFICER: (SENATOR MAITLAND) Senator O 'Malley.
I understand it's facilities, food services, those sorts cf 221 STATE OF ILLINOIS 88TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21# 1994 services for -- for, you knaw, schools.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Stern.
That's it. Thank your sir.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Reay Senator Berman 's -- Senator Berman 's light is on. You're sitting seat. Senator Rea, at Senator Berman's... I don't know What's going on here for sure.
Mr. President, having spoken once before, I would like to yield to Senator Rea .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman, at Senator Rea's seaty for a second time.
As Senator Rear I thlnk that this is a doknstate issue, and T want everyone to know that. Thank ycu.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Watson.
Wellz don't know -- thank you, Mr. President. I'm not sure what that was just all abcut. You know, We're talking about buildings; We're talking about teachers; we ire talking about unions; Wedre talking about organization. We're talking about everything but what matters - and that's kids. And I was in -- I made the comment in committee the other day that We had a parade witnesses coming through and everybody testifylng, and -- and kids very seldom got mentioned. And that's -- that's sad, because thak's what this is a11 about. We're trying to create some creativity and allow for some creativity in education. And I applaud the Governor for taking the initiative to try create 222 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l: 1994 1 . ! change. The answer we hear to this, it seems to me, from the other side or from the alternative to the Governor, is a fcrty-two percent tax increase. Now I don 't think that's necessarily what the people of this State want. I think they Want reform. I don't think they Want to continue to throk more and more money at a . problem that seems to be very long from being solved. And one of the previous speakers talked about ''top down'' on an issue like this? This is truly ''bottcm upd'. This is giving people at the grassroots level - parents, teachers: the administration, people Within the community - the opportunity to get together and talk about initiatives, talk about what's best for kids. And let's try it. Let's try something different. I got the opportunity to go i to the Corporate School of Americar and a fellow by the name of I ! ; Joe Kellman - some of -- most of you may know him or some of you may, may not - a goodr outstanding man. Puts his own finances, puts his money where his mouth ls, Where he Wants to really do something , again, for kids. And thls is the inner city of Chicaîo, and it's not a selective school. But it's working . And lt's that kind of concept that I think the charter school wants to follow. I also had the opportunity to go to Price Elementary - right next to King High School - a feW ueeks agor and they have a school within a school. Again, the same kind of a thing we 're talking about, charter schools, and the teachers that were there that were involved in this program - there was eight of them - they told me, they saidz ''We had a hell of a time convlncing the union that Ehis was the right thing to do.'' They reslsted every possible means to create the environment by which Price Elementary School is educating their young people. They finally relented. And now the union supports what's going on at Price, because they see the success that a little innovation, a little creating... And that's a1l we 're asking for. That's a1l this is a11 about, Mr. President. And when We stand here and when We push this I 223 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 1994 button, let's punch cne green fcr kids. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley: to close.
Well, Senator Watson: thank you for -- for your close. appreciate that very much. I do feel compelled, however, to take a little time here not too much - and I hope youfll bear with me. Senator Berman: you and I have had the privilege of serving together on the Chicago Learning Zone Commission, and during that time, we discussed a 1ot of the issues related to Chicago and Chicagc concerns. Charter schools are not intended to be Chicago Learning Zones. You know that and I know that. There are many . things that we talked about to be included in Chicago Learning Zonesr that frankly don't belong in charter schools. It's anathema to the entire concept of charter schools. Senator Berman, you mentioned the Chicago Urban League and suggestions they made and concerns they have. Their representative tald me many of their suggestions were addressed as a result Lf them bringing forward their comments and concerns, and because of the neetlng that you and I -- well, the administratlon convened a meeting at my request, and frankly at our request, Senator Berman yours and mine - to address many of the questions that came up the original hearing. And I think important to clarify that, yes, the Governor d1d talk about twelve charter schools in his address to us earlier this yearr but he didn't talk about llmiEing it to twelve; he sald at least twelve, and to do it statewide. Forty-five is what's provided for in this legislation. And forty-five is a compromise, frankly: with interests around this State who want to see a 1ot more than forty-five. Senator Palmer, it seems anytime anybody dces anything with the Chicago schools - and you know how much I respect you - but anything that may come anywhere near Chicago, seems like you think that the 224 ' ( STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 only people who are interested Chicago have to reside there. Well, grew up there, but that isn't enough reascn for me to be tnterested. The reason I'm interested and the reason a lot of people in this Chamber are interested is because we Were elected by the citizens of Illinois, who have a profound interest in the City of Chicago, in the vitality of the City of Chicago. I represent part of Chicago. think it's a great City, and want to see the people who live there be even greater. Senator Garcia, I'm not going to say a 1ot more than to say to you that believe the Hispanic community especially should be interested in this proposal. Local control. Decentrallzation. An opportunity for you tc really say something about the education of your children and your favorite issue, which seems to be bilingual education. Senator Collins, my good friendy We have had public hearings on this and we have had them in the Education Committee. And I know that you 've been pressed by other business, and frankly, you weren't able to be at these hearings. But had you been there, you 'd have known it. Ladies and Gentlemen of the Senate, when I first heard about charter schcols last year, I was probably one of the biggest skeptics the State Legislature. We heard about it through a press release and news clippings scme vague concept out there that for weeks none of us -- well, everybody wanted to know, ''We11, what ls a charter school?'' Welly sure didn 't knowy and a lot of people were asklng me questlons. So maybe we ought to talk a little bit about what a charter school It's simply decentralization. It's local conErol. IE's giving Senator Garcia , and people in Senator O 'Malley's community, and people down in Senator Demuzlo's community, the opportunity to do something different. And 1'11 tell youy public education an alternative to what we generally know as public education. It's open enrollment. It's nonsectarian. And this is permissive legislation. You know, when all is said and done, there may not STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 - - you knowr if this beccmes law, there may not be one charter schocl established in the State of Illinois. And maybe there will . be forty-five, and maybe they'll work so well, there'll be ninety. But the bottom line is wegre creating an opportunity here for the people of Illinois to take another look at public education in a different way. And there's no speclal interests involved in this for me. I have one interest - and I want to say it the same way the leader of and the Chairman of the Senate Education Committee would be - my interest is in the kids of the State of Illinois. Let's give ourselves one more way to serve their interests. Let's no longer just have kids in public education at risk; let's a11 have something at risk. Thank you, and I'd appreciate your support.
PRESIDING OFFICER: (SENATOR WATSON) The .question is, shall Senate Bill 1716 pass. Those in favor will vote Aye. Opposed, vote No. The voting is open. Have al1 voted who wish? Have al1 voted Who wish? Have al1 voted Who wish? Have a1l voted who Wish? Have a11 voted Who wish? Take the record. On that questiony there are 29 voting Yes, voting No, 7 voting Present. Senate Bill 1716, having received -- having not received the required constitutional majority, is declared failed. Senator O'Ma11ey.
Thank your Mr. President. would request postponed consideration.
PRESIDING OFFICER: (SENATOR WATSON) That request is order and is granted. Senator Mahar, on the Order of 3rd Reading is Senate Bill 1724. Madam Secretary, please read the bill.
Senate Bill 1724. (Secretary reads title of bill) 226 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 3rd Reading cf the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Mahar.
Thank youy Mr. President and Members. Hopefully this will be far less contentious than the previous bill. It has two components. First that whtch was offered by the Illinois EPA and provldes a procedure fcr extending the period of time to challenge EPA permit decisions from thirty-five to ninety days. This will allow the permit applicant and the Agency to negotiate longer prior to the applicant's right of appeal coming to an end. The second provision deals with a -- something that is goinq on in the business community today called voluntary environmental audits. A business will do this to see if they comply with the myriad of State and federal regulations involvlng their -- their business. Unfortunately, one of these audits may contain self-incriminating evidence which could be nsed against the facility in the future. What this bill will do will will provide a legislative privileqe that the audit and its component parts would not be admissible in evidence in any legal action. Of coursey it goes on to define thase circumstances where would be admissible, such a if the privilege was waived, if fraud was involved, certain material is beyond the scope of the audit, et cetera. The proponents are working w1th the EPA -- the EPA, for the Members' ediflcationy had prepared a bill which was very similar to this, to be lntroduced. They didn't. The proponents are Working With the EPA to come up with some agreed-upon language, Which I am told they're very close to doing. 1 would hope that this move to the House will return to us With a -- as an agreed bill.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Any discusslon? Seeing none, the question is, shall Senate Bill 1724 pass. Those in favor Will vote Aye. 227 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Opposed, vote No. The voting is cpen. Have a1l voted Who Wish? Have all voted who Wish? Have all voted who wish? Take the record. On that questiony there are 53 voting Yes, nc voting No, no voting Present. Senate Bill 1724, having received the required constitutional majority, is declared passed. Senator Madigan seeks leave of the Body to return Senate Bill 1728 to the Order of 2nd Reading for the purpose of an amendment. Hearing nc objectionr leave is granted. On the Order of 2nd Reading is Senate Bill 1728. Madam Secretary, are there any Floor amendments approved for consideration?
Amendment No. 2, offered by Senator Madigan.
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan, to explain your amendment, please.
Thank you, Mr. President. Senate Bill 1728 is a technical amendment to correct a funding problem in the five State pension systems. I Would ask for its adoption, and then we can debate the bill. Amendment No. 2 becomes the bill, and We can debate the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR WATSON) ' Is there any discussion? Seeing none, those in favor, say Aye. Opposed: Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
No further amendments repcrted, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) 3rd Readlng. Senator Madigan, on the Order of 3rd Reading ls Senate Bill 1728. Madan Secretary, please read the bill.
Senate Bill 1728. i l (Secretary reads title of bill) i 228 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION GENATE TRANSCRIPT 108th Legislative Day April 21, 1994 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) I Senator Madigan . SENATOR MADIGAN: Thank you: Mr. President. Senate Bill 1728, as amended, represents the -- Governor Edgar's plan to solve the unfunded liability in the five State-funded pension systems. 1728, as amended , basically is a restart of Senate Bill 95 that this General Assembly passed several years ago, and for one, of a lack of money, and demand by other funds in interest, we were never able to complete that plan, which essentially was a flfty-year plan wtth a seven-year ramp and then a, I thinkr forty-three- or forty-seven-year catch-up, so at the end of that time, the five State pension systems wculd be fully funded. This plan as . presented to the Senate for approval, represents a differential from Senate Bill 95 in that it comprises a twenty-year ramp and . then a .thirty-year period of catching up, so that at the end of fifty years, the five State pension systems Wl1l be fully funded, and at the fifty-first year, the normal contributions to the five State pension systems would be all that is necessary. That -- that is the plan. 1 think everybody is familiar With the plan. I Would be glad tc answer any questlons to Senate Bill 1728, as amended. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Stern. SENATOR STERN : Mr. President and Members of the Senate, I'd just like to call your attention to the fact that I made a strong effort to get an amendment on this bill Which would have extended the early retirement option for teachers from June 30th, '95 to June 30th, 2000. We tried it on another bill first and then thought we could surely get it on this one, and there Was no -- no luck. But I 229 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 would point out if I may, just for a moment, that this is the kind of planning that a teacher needs to do a year in advance and that we do them no favor by deferring this until next spring or even this coming fall. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Cullerton.
Yes, Senator would the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) Yes, Senatcr Cullerton, the sponsor will yield.
When is the first year that this -- or the first budget that this blll will affect?
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.
Thank you, Mr. President. Senator Cullerton, the first year of the start-up ls FY'96.
PRESIDING OEFICER: (SENATOR WATSON) Senator Cullerton.
And in Fiscal Year '96, how much more money this obligate us to pay into the pension fund than we are paying in Fiscal Year '95?
PRESIDING OFFICER: (SENATOR WATSON) Senator Madigan.
has been represented in testimony, Senator Cullerton, that over and above the normal contributionsr that it will require approxlmately eighty or eighty-two million dollars additionally in State -- State funds to the five pensicn systems.
PRESIDING OFFICER: (SENATOR WATSON) 230 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Further discussion? Senator Demuzio. SENATOR DEMUZIO: Well, thank you very much. Let me simply say that Senate Bill 95 was a proposal that We thought was going to be the panacea to al1 of the funding problems for.pensicns years ago, and there wasn't anybody in this Body or anybody in the House at the time who voted in the -- in the negative. The problem was that ge never had the resolve or the dlscipline and the Chief Executlve never adhered to Senate Bill 95y and as consequence, we failed . to put in the first dime. Now there is another alternative proposal tha*'s floating around that saves about thirty-eight billion dollars, which is difference than -- different than this propcsal; however, unless we come to grips with khis pension programs'we are never going to resolve this problem. So there is a crisis. don't think this is the best proposal around: but ' tonight I'm prepared to support keep the process moving along. . Perhaps we can come to some resolve before the end of the legislative Session and somehow or other combine the tWo proposals . or do whatever is in the interest of the taxpayers. But I'm going to rise in support of this proposal this evening. PRESIDING OFFICER: (SENATOR WATSON) Any further dlscussion? Any further discussion? Seeing none, Senator Madigan, to close. SENATOR MADIGAN: Thank your Mr. President. Just briefly, 1et me respond to Senator Stern and her praposed amendment. I belteve Ehat I'm a cosponsor of that amendment, Senator Stern, and I wl1l assure you that at the proper and appropriate place, we will give that matter full consideration. I think that that's what -- I think Senatcr Demuzio summed it up pretty well. Welve got a problem. This is one plan to it. Perhaps however Way we walk through this process, I think everybody açrees that we have to address the systemr or 23l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 I the five systems, as best we can. I think that this is a reasonable plan, and would ask for its favorable consideration. I
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1728 pass. Those in favor 1 will vote Aye. Opposed, vote . NO. The voting is open. Have a11 voted who wish? Have a11 voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 57 voting Yes, no voting No: no voting Present. Senate Bill 1728, having I received the required constitutional majority, is declared passed. j I Senator Hawkinson seeks leave of the Body to return Senate Bill 1730totheOrderof2ndReadingforthepurposeofan amendment. Hearing no objectionr leave is granted. On the Order of 2nd r 1 ' Reading is Senate Bill 1730. Madam Secretaryz are there any Floor amendments approved for consideration?
Anendment No . 4, offered by Senator Hawkinson.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
Thank you, Mr. President. Senate Amendment No. 4 to the zero-tolerance bill provides for an exception and provides there w1l1 be no suspension of a license if an indlvidual or a mincr -- someone under twenty-one 's blood alcohol concentraticn resulted only from lngestion of a prescribed or recommended dosage of medicine that contained alcohol. And I Would move the adoption of Amendment No. 4 to Senate Bill 1730.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, a11 those in favor, say Aye. Opposed, Nay . The Ayes have it, and the amendment is adopted. Any further amendments for cansideratton?
No further amendments reported, Mr. President. ! i . 232 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
PRESIDING OFFICER: (SENATOR WATSON) Senator Hagkinson, on 3rd Reading -- excuse me. 3rd Reading. Senator Hawkinson, on the Order of 3rd Reading is Senate Bill 1730. Madam Secretaryr Would you please read the bill.
Senate Bill 1730. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hawkinson.
Thank youe Mr. President. This is the zero-tolerance bill. There's a similar bill, not in the same form as of yet, but that ris probably going to come over from the House. This is the proposal.that recognizes the fact that wedre losing too many of our chiléren to drunk driving fatalfties in the State of Illinois. lt's a proposal that recognizes the fact that it's against the 1aW . in Illinois and every other state in the union to drink alcoholic beverages if youdre under twenty-one. And yet, wefve had a system that allows someone to drink and drive with no consequences to their license. This proposal says that if you are stopped for a traffic reason - has to be probable cause for a traffic stop - and if the officer has reasonable suspicion Lhat you have been drinking alcoholic beverages and you're under twenty-one, that you can be read your rights and offered a Breathalyzer test. Ncwr if you refuse it or if you blow the test and show that you've been drinking alcoholic beverages, your license will be suspended. I've been impressed the last ccuple months, as we 've been promoting this bill, primarily -- and there's a wide variety of groups, as you can imagine, who are supporting it, but I've been particularly impressed by the young people who support this bill. This weeky Senator Rauschenberger had a group of high school 233 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 students down here supporting it - not particularly an organized group. But Students Against Driving Drunk made strong presentations, and other high schoolers from across the State have supported this. And I think the reason is, is because this will give them suppcrt in their couragey in thelr fight against tremendaus peer pressure to drink alcoholic beverages. And the pressure on a young person is tremendous today, as it has been in the past. And this will give then another tool with which to avoid drinking and driving, because they know that if they do, they will lose their drlver's license. There are exceptions in the bill, for religious ceremontes and the amendment that we put cn tcday, which provides an exception for medicine. I'd be happy to answer any questions, but I would strongly urge that we move this process forward toward zero-tolerance in Illinois for the benefit of our kids. PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Jacobs. SENATOR JACOBS: Thank you, Mr. President, Ladies and Gentlemen of the Senate. First of all, I Want to say that I stlll have some problems, Which Senator Hawkinson is very much aware of in the committee, in regards to the implied consent for the blood test. But I think Senator Hawkinson has done a yeoman's job on this bill. I think he's brought it a long way, and I would urge an Aye vote. PRESIDING OFFICER: (SENATOR WATSON) Any -- any further discussion? If not, Senator Hawkinsony will you wish to close? SENATOR HAWKINSON: Just briefly, because the hour is late. But again, we have a real problem with losing too many of our kids on the highways of this State, and I think this ls a -- a real step forward. I applaud the Secretary of State Ryan for suggesting it, and I urge 234 N STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Leglslative Day April 21, 1994 I an Aye vote. PRESIDING OFFICER: (SENATOR WATSON) ; The question is, shall Senate 3i11 1730 pass. Those in favor will vote Aye. Opposed, vote No . The voting is open. Have a1l 1 j voted who wish? Have al1 voted who wish? Have a11 vcted Who Nish? Take the record. On that question, there are 58 voting . Yes, no voting No, no voting Present. Senate Bill 1730, having Yeceived the required constitutlonal majority, is declared passed. i Senator Maitland seeks leave of the Body to return Senate Bill ! . 1733 to the Order of 2nd Reading for the purpose of an amendment. i . Hearlng no objection, leave is granted. On the Order of 2nd ! I Reading is Senate Bill 1733. Madam Secretary, are there any Flcor amendments approved for consideration? ! ACTING SECRETARY HAWXER: Floor Amendment No. 3, offered by Senator Maitland. PRESIDING OFFICER: (SENATOR WATSON) Senatcr Maitlandy to explain your amendment. i .. SENATOR FG ITLAND: Thank you very much, Mr. Presidentr Menbers of the Senate. ! Amendment No. 3 to Senate Bill 1733 is an agreed-tc amendment between Secretary of State George Ryan and the Department of State I Police, which clarifies some administrative procedures regarding the processing of fingerprints and fees for fingerprint-based I criminal background investigation of -- of prospective schocl bus drivers. It also makes some technical connecticns -- corrections to the bill. It changes the effective dake to July 1, 1995 and ! remaves school bus drivers fron the current name-based criminal I record check in the School Ccde, which would be redundant if, of course, the bill was enacted. I would move for its adopticnr Mr. President. 1 PRESIDING OFFICER: (SENATOR WATSON) Thank you. Are there any -- any discussion? A11 thcse in 235 ' j STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT k 108th Legislative Day April 21, 1994 favor, say Aye. Opposed, Nay. The Ayes have iky and the I amendment is adopted. Any further Floor amendments approved for I consideration? ACTING SECRETARY HAWKER: i . i No further amendments reported, Mr. President . I
I PRESIDING OFFICER: (SENATOR WATSON) 3rd Reading. Senator Maitland: on the Order of 3rd Reading is Senate Bill 1733. Madam Secretary, would you please read the bill. ACTING SECRETARY HAWKER: Senate Bill 1733. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland. SENATOR MAITLAND: Thank you very much, Mr. President, Members of the Senate. Senate Bill 1733 is Secretary of State George Ryan's fingerprinting legtslation of school bus drivers. And let me indtcate to you that the current system of oversight of school bus drivers is somewhat fragmented. The -- the Secretary of State's Office is involved. The State Board of Educatlon is involved . The Illlnois State Police, regional superintendents of schools, school bus companies in some cases, and a -- and a maze of other hoops that one has to -- to jump through. The Secretary has suggested this ought to be a11 under one -- under one department. He is the one that administers the tests, obviously, and so has introduced this bill. It was, when it was originally introduced, pertained to al1 school bus drivers: including those who are noW driving. This now is prospective in nature, would involve only those new hirees. It is safe to say that ninety-nine percent of the school bus drivers in this State are absolutely outstanding 236 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 citizens and there are no problems, but this is a check that we i think we need to protect the young boys and girls in our school ' system . And, Mr. President, I wculd seek the approval of the Body. PRESIDING OPFICER: (SENATOR WATSON) Any further discussion? Seeing none, the question is, shall Senate Bill 1733 pass. A11 thase in favor: vote Aye . Opposed, vote No. The voting is open. Have al1 voted who Wish? Have a1l voted who Wish? Have al1 voted who wish? Take the record. On that question, there are 57 voting Yes: no votlng No, no voting Present. Senate Bill 1733, havlng received the required constitutional majcrity, is declared passed. Senator Donahue seeks leave of the Body -- pardon me. Senator Raica, for What purpose do you rise? SENATOR RAICA: Thank your Mr. President. A question of the Chair, if I might. PRESIDING OFFICER: (SENATOR WATSON) Certainly. SENATOR RAICA: Since the majority of the approp bills were debated on 2nd Readlng, would this be an inappropriate time to ask that -- of the possibility to make a mcticn to roll them a11 out on one roll call, since... Tt was just a thought, you know. PRESIDING OFFICER: (SENATOR WATSON) Wellr it wasn't a bad thought either. Senakor Donahue seeks leave of the Body to return Senate Bill 1746 to the Order of 2nd Reading for the purpose cf an amendment. Hearing no objectionr leave is granted . On the Order of 2nd Readlng ls Senate Bill 1746. Madam Secretary, are there any Ploor amendments approved for consideration? ACTING SECRETARY HAWKER: 237 I L . . . ----- -. - STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 I Floor Amendment No. 1, offered by Senators Hasara and Donahue. I PRESIDING OFFICER: (SENATOR WATSON) I Senatlr Donahue. I beg your pardon. Senator Easara .
Thank you, Mr. -- thank you, Mr. President. This amendment amends the Adoption Act, and it would change the burden of proof for termination of parental rights fron clear and convincing to a preponderance of the evidence. This would have the effect of requiring the courts and the State's attorneys to balance the best interests of the chlld more evenly against the best interests of the natural parents. We all know this is a huge issue in the State of Illinois. I have a number of constituents Who call me regularly who are making every attempt to adopt foster children that they have cared for since birth or for several years. Sometlmes it's five and six years. And the Department and the courts, hhe State's attorneys keep sending these chlldren back to A heir natural parents. I have had -- foster parents tell me that two and three times these children have come back with -- even with cigarette burns on them , onty to give the parents one more chance. 'This is a terrible situation that We dve been living under. We have a worse and worse problem every year getting foster parents and keeping good foster parents. And it's heartbreaking to watch them, hundreds of them, care for these children for year after year, tc see them continually taken away from them again, taken back into an abusive situation. I ask for a favorable roll call. ï'd be glad to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Cullerton.
Yes. Senator, I understand where you're cominç from. I know you want to make it easier to -- in certaln cases that you pointed out, to take away the natural parents' parental rights. But what 238 . . - é STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 you 're doing is apparently changlng the burden of proof from a -- What is now clear and convincing evidence to a prepcnderance cf the evidence, and there is a Supreme Court case - U.S. Supreme Court case - right on point. 1982 case, Stankowski versus Kramerr i and. they just said in ruling on a New York case -- NeW York j Statute, that you couldn't do it. So I'n just curious if you're aware of that case and -- and what could you possibly put into the ! record to make this bill eonstitutional? :
PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara .
I just recently became aware of it, Senator. I was not aware of it when I introduced the amendment. I would simply say that this certainly would not be the first time that this Body has attempted to do scmething that we felt was right, when we knew we were taktng a chance on having it overturned. T belieMe that we passed a constitutional amendment this week that dealt With an issue that's come back to us three times, dealing with the videotaping of child witnesses. I would just add that that case is twelve years old. I believe that a lot has changed in the last twelve years. And I think at least this is an attempt to do something about this terrible problem: and I am certainly willing I to take that chancez particularly in light cf the fact that I have seen no other measure introduced this year to try to solve thls problem to this extent.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate, as my colleague on the other side knows, this is a civil procedure. In civil proceduresr it's a preponderance of the evidence, and the preponderance of the evidence is far clearer to me than clear and 239 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2lr 1994 convincing evidencer because preponderance means a greater welght of the evtdence. I thtnk this ts a step in the right direction, and I dcn't anticipate this bill being ruled unconstitutlonal at all. I've had a lot of experience in adoptions, and there's no question that it's been very difficult for people to go ahead with adoptions because of some of the crazy laws we have passed. Clear and convincing is not clear and convincing to me, but a preponderance of the evidence, neans a greater weight of the evidence, andthat is convincing to me, and I support the bill.
PRESIDING OFFICER: (SENATOR WATSON) Any further discussion? Seeing none, a11 those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further Floor amendments approved for consideration?
Floor Amendnent No. 2, offered by Senator Donahue.
PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue, to explain your amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This amendment changes the base bill, and 1et me just very briefly tell yau what it does. Wedre requesting and directing the Department of Children and Family Servlces to develop a pilot project in Cook County with their lnvestigators in Priority I and Priority 11 cases. We are asking them to have a private investigator go along with a feW of their investigators so there are two sets of eyes looking at these Priority I and Priority 11 cases. Now, I'd like to make it very elear that we dre not saying anything against thls investigator, buk welre saying that two eyes -- or two sets of eyes are better than just one set. And We think that this might be a way to help some of the problems that are going on With the Department of Children and Family Service, and it's only for two years. If it doesn't Nork, we'll stop it. If 240 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 not, it could be something that could help in the future. I Would move for its adoption. ! PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Hendon. . SENATOR HENDON: Thank you, Mr. President. This is a fine amendment and I support it, and I ask my colleagues to do so, also . PRESIDING OFPICER: (SENATOR WATSON) Any further discussion? Seeing none, a1l those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Any further amendments? ACTING SECRETARY HAWKER: No further amendments reportedy Mr. President. PRESIDING OFFICER: (SENATOR WATSON) ! 3rd Readlng. Senator Donahue, on the Order of 3rd Reading is i Senate Bàl1 1746. Madam Secretary, would you please read the i bill? ACTTNG SECRETARY HAWKER: : Senate Bl1l 1746. I ' (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) : Senator Donahue. i SENATOR DONAHUE: Thank you very mueh: Mr. President. For the sake of brevityy i we have jusE explained what the bill contains under Senator Hasara's amendment and under my amendment, and I would just request your support. PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, the question is, shall Senate Bill 1746 pass. Those in favor will vote Aye. Opposed r vote No. The voting is open. Have a1l voted who Wish? Have a11 vcted whc 241 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 wish? Have all voted who Wish? Take the record. On that question, there are 53 voting Yes, no voting No, 4 voting Present. Senate Bill 1746, having recelved the required constltutional majority, is declared passed. With leave of the Body, we're going to skip the appropriations bills for now and go to page 8 and take up the substantive bills that are left, of which Senate Bill 1819. Senator Demuzio.
... tmicrophone cutoffl...l move we adjourn.
PRESIDING OFFICER: (SENATOR WATSON) I beg your pardon? SENATOR DEMUZIO: 1 I move We adjourn.
PRESIDING OFFICER: (SENATOR WATSON) That motion is always in order, Senator.
Good. Let's go. Bang the gavel down.
PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio has moved that we adjourn. A11 those in favor, say Aye. Opposed, No. The Noes have it, and we will continue. Senate Bill 1819. Senator Klemm. Senator Klemm, on l I the Order of 3rd Reading is Senate Bill 1819. Madam Secretaryr would you please read the blll?
Senate Bill 1819. (Secretary reads title of bill) 3rd Reading of *he bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Klemm.
Thank you, Mr. President. An inquiry of the Chair. Were Amendments 1 and 2 adopted? 242 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX I REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
PRESIDING OFFICER: (SENATOR WATSON) Yes, we do. SENATOR KLEMM: 1 Yes? A11 right. Thank you. Senate Bill 1819 is an attempt to try tc find some -- alleviating some problems about parking tickets and parking violations that have emanated from Chicago in error to residents uho live out of the area, when it's not their vehicle. Certainly we have no problem with trying to certainly give tickets to those who violate the Chicago City ordinance and codes; however, but when we flnd out that they are not even the vehicle that was suppcsed to be ticketed, we find that certainly should not be allowed. Amendment No. l made some changes that the ' City of Chicago said uas having problems. We made the correcttons to satisfy their concerns. What it baslcally does is allow that if the Secretary of State in verifytng the vehicle plate number with the vehicle itself on the identification of the make, that if they don't -- colncide, we obvlously find out that it's not the vehicle ln question, and therefore, that would be grounds for dismissal of the ticket. I do ask for ycur support. Some previous legislation by Senator Cullerton was also passed last year, helped in this process, and this is a continuation of trying to find some reasonableness. And I ask for your support.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question Lsê shall Senate Bill 1819 pass. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have al1 voted Nho wish? Have al1 voted Whc wish? Have all voted Who Wish? Take the record. On that question, there are 58 voting Yes, no voting Nor no voklng Present. Senate Bill 1819, having received the required constitutional majority, is declared passed. The intent of the Chair is to go back to the appropriations bills, but firste Messages. Mr. Secretary. . I 243 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994
A Message frcm the Prestdent, dated April 21st, 1994. Dear Mr. Secretary Pursuant to the provisions of Senate Rule 2-10(e), I am extending the deadline for final action on the following categories of bills, with specific bills enumerated under these categories, to January 10, 1995: Elections - Senate Bills 1701 and 12637 Judicial System - Senate Bills 1358 and 11687 Economic Development Senate Bills 1685, 1686 and 1687; and Public Hea1th Senate Bill 1690. Additlonally, pursuant to Senate Rule 2-10(e), I am extending the deadline for final action on *he following category cf bllls, with specific bills enumerated under this category, May 10r 1994: Appropriatlons - Senate Bills 1754, 1757, 1758, 1759, 1760, 1761, 1774, 1775, 1777: 1778, 1779, 1780, 1781, 1782 and 1783. Signed by Presldent Philip.
PRESIDING OFFICZR: (SENATOR WATSON) Previously koday we had granted leave to go back to page 2 for appropriations bills. Senate Bill 1258. Senator Hasarav pardcn me just a moment. Senator Demuzio, for what purpose do you rise?
On a parliaaentary inquiry. would like to know -- would like to have a ruling from the Chair as to haw certain bills can be -- the deadllne can be waived by simply a letter from the President. It would seem to me that waiving the deadlines -- if you can make the respective citings for me in -- in your rule book up there, it seems to me that that takes a a vote of the Membership. Nowr may take thirty votesr and you certainly have thirty votes. But slmply to suggest that the -- the President can send and circulate a letter indicating that certain bills are exempt fron the from the from the deadllnes that have been set, seems to me to be an extraordinary unprecedented action that 244 STATE OP ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 has taken place here in this General Assembly for a long period of time.
PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio, under Senate Rule 2-l0(e); gives the President that prerogative. senator... It is senate Rule 2-10(e), Senator Demuzio. Senator Hasarar on Senate Bill 1258. Read the bill, Mr. Secretary .
Senate Bill 1258. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hasara.
Thank you, Mr. President. Senate Bill 1258 appropriates five million tWo hundred and forty-three and a half thousand for the State Board of Elections. I move its adoption.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Demuzlo. Senator Jones, for what purpose do you rise?
Yeah. Thank you, Mr. President. With a11 due courtesy, Senator Demuaio was questioning the ruling cf the Chair, and for you to jusE arbitrarily ignore that request as he tried -- he's trying to find out what powers do the President has, uhich is unprecedented. And I think you owe him not only an apology, but at the same time, give him the due courtesy as a Member of this Body to 1et him ccmplete his questioning on this particular point.
PRESIDING OFFICER: (SENATOR WATSON) Thank you. Senator Demuzio : for what purpose do you rise?
Well, Mr. President, as I read the 2-l0(e)# the President may 245 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 schedule deadlines for any other action on any category of I . I legislative measures that he cr she deems appropriate. Are you -- I I are you suqgesting that -- that the President has tbe I j ! extraordinary power without the affirmative majority vote of this i General Assembly and this Membership - that he or she canr in fact: make any deadlines that he or she wishes at any time? PRESIDING OFFICER: (SENATOR WATSON) : I believe that's correct, Senator. You read the -- the rule and that's exactly what it says. Senator Carroll.
Thank you, Mr. President. Following on that point of order. If you'll look at 2-10, 2-10(a) specifies those powers the President has for setting deadlines for legislative acticn. Final days for introductions; the final days for standlng committee; final days for standing ccmmittee on appropriations, et cetera. When you then go to (e), it says ''other'' than those he can do. He has already established by h1s letter the final day for standing committee action, the final day for 3rd Reading and passage: Which is the fourth one dcwn, except appropriation bllls, the fifth day -- the final day for appropriation bills. He talks about something that is not listed as a passage date - something other. This is not an ''other''. This is a deadline day as described in 2-l0(a). And I don't think unilaterally that ean be done. Clearly it can be done by action, by moticn of the President and thirty votesr but it cannot be done by a simple letter, under -- under the rules of *he Presldent of Ehe Senate.
PRESIDING OFFICER: (SENATOR WATSON) Well, we have made our ruling, Senator, and if you wish to appeal the ruling of the Chair, you know the appropriate motion. Senatcr Demuzio.
Wellr I think this, again - and I think Senator Carroll has 246 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 pointed out - that if you wish to waive the deadlines -- and you may very well wish do so, you ought to do that by a affirmative vote, a roll call vote, if you will, of the majority of the Members of this Senate elected . As a matter of facty if -- read this -- this letter correctly, this waiver goes a11 the way to January the 10th of 1995. Now 1 Would, factr appeal the ruling of the Chair, because I think this is an unprecedented action. I think it's a violation of our rulesy and I think that you wish to -- to -- tc waive the deadlines, and you very well have the votes to do so, but this is not -- this is not the remedy. This is not the way to proceed. And so I would appeal .. the ruling of the Chair. ' . TRESIDING OFFICER) (SENATOR WATSON) You have that right, Senator. And the question is, shall the 'ruling of the Chair be sustained. A11 those in favor of sustaining the rule -- the ruling, vote Aye. A1l those opposed to 'sustaining the rulingr vote Nay. The voting is open. Have a1l q voted who wish? Have all voted Who wish? Have all voted Who wish? Take the record. On that questiany the Ayes are 31, the Nays are and no voting Present. Having failed to receive the necessary three-fifths negative vote, the appeal failsr and the ruling of the Chair is sustained . Senator Hasara. SENATOR HASARA: Thank -- thank your Mr. President. Senate Bil1... PRESIDING OFFICER: (SENATOR WATSON) Well, Sena*or, there is a process by Which you can ask for that, and one would be to punch the light buttonz speak buttcnr on your desk, and you Would receive recognition. Senator Demuzio. SENATOR DEMUZIO: I would seek a verification of the roll call. PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio has requested a verification. Will a11 the 247 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 Senators be in their seat. Senator Hawkinson. SENATOR HAWKINSON : Welly a point of order. I think that motion is dilatory, because to overrule the Chair, you have tc have the negative vote of a certain level and not the affirmatlve votes. So, it's the absence of thirty or thirty-six negative votes that the key here. PRESIDING OFFICER: (SENATOR WATSON) That is correct. Senate Bill 1258. Senator Hasara. The has been read, and to the blll. SENATOR HASARA : Thank you, Mr. President. Senate Bill 1298 <sic> (1258) appropriates five milllcn twc hundred and forty-three thousand five hundred dollars for the State Board of Elections. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Is there any discussion? Seeing none, the question -- the questlon is, shall Senate Bill 1258 pass. Tûose in favor will vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have a1l voted Who wish? Have a11 voted who wish? Take the record. On that questlonr there are 45 voting Yes, no voting No: 13 voting Present. Senate Bill 1258, having received the required constitutional majorlty, is declared passed. We are nou on page 5, and we will proceed with Senate Bill 1755. Senator Maitland, on the Order of 3rd Reading is Senate Bill 1755. Excuse me. Senator Hendon, for what purpose do you rise? SENATOR HENDON: Thank you, Mr. Presldent. Senator Raica had a -- a motion to take a1l the approp bills at one time, and it was ignored. And I make a motion that we take a11 the apprcp bills together. PRESIDING OFFICER: (SENATOR WATSON) Well, that motion is not in order at this time. Senator 248 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2ly 1994 Maltland, on Senate Bill 1755. Read the blllr Mr. Secretary. SECRETARY HARRY: Senate Bill 1755. (Secretary reads tttle of btl1) 3rd Reading of the bill. ' PRESIDING OPFICER: (SENATOR WATSOS) Senator Maitland . SENATOR MAITLAND: Thank you very much, Mr. President and Members of the Senate. Senate Bill 1755 ts the OCE of the Judtcial Inquiry Board. It was introduced at three hundred and thirty-two thousand one hundred dollars and ts at that level at this point. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeëng none, the question is, shall . senate Bill 1755 pass. A11 those in favor, vote Aye. Opposedr vote No. The voting is cpen. Have all voted who wish? Have a1l . voted Wbo wlsh? Have all voted who wish? Take the record. On that question, there are 58 voting Yesr no voting No, no voting . present. Senate Bill 1755, having received the required constitutional majority, is declared passed. Senator Maitlandr on the Order of 3rd Reading is Senate B111 1756. Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 1756. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland. SENATOR MAITLAND: Thank you very muchr Mr. President. Senate Bill 1756 is the annual Court of Claims awards legislation. As amended, it stands at fkve million tbree hundred twenty-four thousand dollars. I I 249 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 seek your support.
PRESIDING OFFICER: (SENATOR WATSON) Ts there any discussion? seeing none, the question is, shall Senate Bill 1756 pass. A1l those in favor, vote Aye. Opposed, vote No. The vcting is open. Have all voted who wish? Have. all i voted who wish? Have all voted Who wish? Take the record . On that questicn, there are 57 voting Yes, no voting No, no voting Present. Senate Bill 1756, having received the required constltutional majority: is declared passed. Senator Philip, on the Order of 3rd Reading is Senate Bill 1762. Mr. Secretary, Will you please read the bill?
Senate Bill 1762. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Phillp.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1762 is the appropriation for the ordinary and contingent funds of the Office of the Governor. It's seven million five hundred and ninety-three thousand dollars. Hope there will be a 1ot of green votes up there.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question ls, shall Senate Bill 1762 pass. A11 those in favorp vote Aye. Opposed, vote No. The voting is open. Have al1 voted who Wish? Have all voted who wish? Have a11 voted who Wish? Take the record . On that question, there are 47 voting Yes, no voting Nay, 9 voting Present. Senate Bill 1762, having recelved the required constitutional majority, is declared passed. On 3rd Reading, SenatorWeaver,isSenateBill1763. Readthe--read the billr 1 250 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 i Mr. Secretary.
Senate B111 1763. (Secretary reads title of bill) 3rd Reading of the bill. '
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver.
Thank your Mr. President. This is the OCE for the Board of Higher Education and the Math and Science Academy, in the amount of eighty-five milliony a hundred and fifty thousand nine hundred dollars. Appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) Is tllere any discussion? Seeing none, the question is, shall Senate .Bi11 1763 pass. Those in favor will vote Aye. Those cpposed, vote No. The voting is open. Have a11 voted who wish? Have alt voted who wish? Have al1 voted Who Wish? Take the record. On that questionr there are 56 voting Yesr no voting No, 1 voting Present. Senate Bill 1763, having received the required constitutional majority, is declared passed. Senator Donahue, on Senate Bill 1764, on 3rd Reading. Mr. Secretary, please read the btll. I
Senate Bill 1764. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue.
Thank your Mr. President. This is the OCE for the Conmunity College Board and the State Communlty College. Current level is at two hundred and fifty-one millton four hundred and ninety-four ! 251 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 2l, 1994 thousand seven hundred dcllars. I would ncve for its adoption.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall ' Senate Bfll 1765 Ksic> (1764) pass. Those in favor will vote Aye. Opposed, vote No . The voting is open. Have a1l voted who Wish? Have a1l voted who wish? Have a11 voted Who wish? Take the record. On that question, there are 55 voting Yes, 3 <sic> (none) voting No, 3 voting Present. Senate Bl11 1765 -- 1764, having received the required constitutional majority, is declared passed. Senator Woodyard, on Senate Bill 1765. Mr. Secretary: please read the bill.
Senate Bill 1765. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard.
.. . tmicrophone cutoffl... you, Mr. Presidentr Members of the Senate. Thls is the OCE for the Student Assistance Commission. Current level is four hundred and seventy-four million seven hundred and seventy thousand five hundred dollars. I would move for its adoption.
PRESIDING OFFICER: (SENATOR WATSON) Is there any dlscussion? Seeing none, the question is, shall Senate Bill 1765 pass. Those in favor, vote Aye. Opposed, vote No. The vcting is open. Have al1 voted Who wish? Have al1 vcted who wish? Have a11 vcted who wish? Take the record. On that question, there are 56 voting Yes, no voting No, no voting Present. Senate Bill 1765, having received the required constitutional majcrity, is declared passed. On 3rd Reading is Senate Bill 1766. Senator Donahue. Would you please read the 252 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legtslative Day April 21, 1994 bill, Mr. Secretary? SECRETARY HARRY: Senate Bill 1766. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue. SENATOR DONAHUE: Thank you: Mr. President. This is the Community College Board rate bill. It's the substantive bill, and the companion bill to the budget. I would move for its acceptance. PRESIDING OFPICER: (SENATOR WATSON) Any dlscussion? Seeing none, the question isy shall Senate Bill 1766 pass. Those in favor will vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who Wish? Have al1 voted who wish? Have al1 voted who Wish? Take the record. On that questions there are 57 voting Yes -- 58 voting Yes, no voting No, no voting Present. On that -- Senate 9il1 1766, havlng received the required constltutlonal majority, is declared passed. On 3rd Readkn: is Senate Bill 1767. Senator Weaver. Would you please read the bill, Mr. Secretary? SECRETARY HARRY: Senate Bill 1767. (Secretary reads title of bill) 3rd Reading of the bill. PRZSIDING OFFICER: (SENATOR WATSON) Yes. Senate Bill 1767. Senator Weaver. SENATOR WEAVER: Thank your Mr. President. This is the 0CE for the State University Civil Service System in the amount of nine hundred and twenty-six thousand eight hundred dcllars. Appreciate a favorable roll call. 253 2 .-. - - - STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY REGULAR SESSION 4 ' SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1767 pass. Those favor, vote Aye. Opposed, vcte No. The voting is open. Have a1l voted Who wish? Have all vcted who wish? Have a11 voted who wish? Take the record. On that question, there are 57 votkng Yes, no voting Nor no voting Fresent. Senate Bill 1767, having received the required constltuticnal majority, is declared passed. Senate Bill 1768, on 3rd Reading, is Senator Weaver. Please read the bill, Mr. secretary.
Senate Bill 1768. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver.
Thank your Mr. President. This ls the OCE for the University of Illinois in the amcunt of seven hundred and eighty-four million two hundred and seventy-two thousand seven hundred dollars. Appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing none, the question is, shall Senate Bill 1768 pass. Those in favor will vote Aye. Opposed, vcte No. The voting is open. Have a11 voted who Wish? Have a11 voted Who Nish? Have all voted Who Wish? lake the record. On that questlon, there are 57 voting ïes, no voting No, no voting Present. Senate Bill 1768, having received the required constitutianal majority, is declared passed. Senate Bill 1769, on 3rd Reading. Senator Donahue. Please read the bill, Mr. Secretary .
254 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 Senate Bill 1769. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Donahue. ' SENATOR DONAHUE: Thank you, Mr. President. This is the Board of Governors appropriaticns for the Board of Governors itself and its universities, for two hundred and forty million three hundred and forty thousand five hundred dollars. It's at its introduced level. I would ask for your support. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the questlon is, shall Senate Bill 1769 pass. Those in favor, vote Aye. Opposed, vote No. The vctin: is open. Have a1l voted who wish? Have al1 voted who wish? Have a11 voted who Wish? Take the record. On that . question, there are 57 voting Yesr no voting No, no voting - Tresent. The -- Senate Bill 1769, having received the required constltutlonal majority, is declared passed. Senate Bill 1770. . Ralph Dunn. 0n 3rd Reading. Please read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 1770. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) Senator Ralph Dunn. SENATOR R. DUNN: Thank your Mr. President. I move we pass 1770. Thank you. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1770 pass. Those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted Who wish? Have a11 voted I 255 ! I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 who Wish? Have a11 voted who Wish? Take the record. On that question, there are 58 voting Yes, no voting No, no vcting Present. Senate Bill 1770, having received the required constltutional majority, is declared passed. Senate Bill 1771, on Reading. Senator Maitland. .please read the bill, Mr. Secretary.
Senate Bill 1771. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
Thank you very much, Mr. Presidentr Members of the Senate. Senate Bill 1771 is the OCE for the Court of Clalms. It is at currently at tWelve million nlne hundred seventeen thousand dollars. I would seek your support.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing nonez the question is, shall Senate Bill pass. Those in favorr vote Aye. Opposedr vote No. The voting is open. Have all voted who wish? Have a11 voted who wish? Have al1 voted who wish? Take the record. On that question, there are 58 voting Yes, voting No: no voting Present. senate Bill 1771, having received the required constitutional majority, is declared passed. Senate Bill 1772, on 3rd Reading. Senator Maitland. Please read the bill, Mr. Secretary .
Senate Bill 1772. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 Senator Maitland.
Thank you very much, Mr. President, Members of the Senate. Senate Bill 1772 is the Board cf Regents annual appropriation. It noW stands at two hundred and .sixty-four million six hundred sixteen thousand dollars. would seek your support.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Senate Bill pass. Those in favor, vote Aye. Oppcsed: vcte No. The voting is open. Have a11 voted who wish? Have voted who wish? Have al1 voted Who Wish? Take the record . On that question, there are 57 voting Yes, na voting No, no voting Present. Senate Bill 1772, havinq received the required constitutional majority, is declared passed. Senate Bill -- Senator Severnsr for what purpose do ycu rise? Your light's on.
Thank your Mr. President. just wanted to state for the record that I might have a confltct of lnterest with this voter but 1111 vote my conscience at thls late hour.
PRESIDING OFFICER: (SENATOR WATSON) Very good, Senator. Senate Bill 1773. Senator Butler. On 3rd Reading . Please read the bill, Mr. Secretary.
Senate Bill 1773. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.
Thank you, Mr. President. Senate Bill 1773 is the ordinary and contingent expenses for the Office of Lieutenant Governor at the introductory amount of five million eight hundred and 257 'j STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 thirty-three thousand seven hundred dollars. PRESIDING OFFICER: (SENATOR WATSON) I Is there any discussion? seeing none, the question is, shall senate Bi11 1773 pass. Al1 those in favor, vote Aye. A11 those l opposed, vote No. The vot.ing is open. Have a1l voted who Wish? Have a11 voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 58 voting Yes' no voting No, . no voting Present. Senate Bill 1773: having received the required constitutional majority, is declared passed. Senate Bill 1777. Senator Maitland. 3rd Reading. Senator Maitland, for what purpose dc you rise? SENATOR MAITLAND: ' Thank you, Mr. Presldentr Members of the Senate. I Would seek to reccakllt Senate Bi11 1774 <sic> to Rules. PRESIDING OFFICER: (SENATOR WATSON) Sena/cr Maitlandy your moticn Was to recommit 1774? Is that . correct?. Senator Maitland. Senator Maitland. . SENATOR IVG ITLAND: . Mr. President, Members of the Senater I seek to recommlt Senate Bills 1777, 1778, 1779, and 1780 to -- and 1781 ko -- and . 417)83 to the Rules Committee. . PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland moves to recommit to committee Senate Bill 1777, Senate Bill 1778, Senate Bills 1779, 1780, 1781 and 1783. Those in favorr say Aye. Opposedr Nay. The Ayes have it. Motlon carries. Senate Bill 1795. SenaEor Hall. Senator Hall. SENATOR HALL: Are we on? Yeah. Thank youy Mr. President. I want to get inquiry from the Chair. What are we going to do about these bills? T mentioned that earlier todayp I mean. Are you going to put them into Rules, or are you going to recommend -- what are -- what are you doing, Mr. Chairman? ! 258 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR WATSON) Thank you, Senator Hall. Senator Maitland. :
Thank you: Mr. President. Senator Hall: We have recommitted our vehicle bills to Rules, and I think the discussion you and I had was that you would refer yours back to Rules as Well for this - - for this evening.
PRESIDING OFFICER: (SENATOR WATSON) Senator Hall.
You're exactly right, but you never did tell me that -- now you tell me, that's what you're doingr right? I agreed that I would do that. So welll dc likewise. Okay?
PRESIDING OFFICER: (SENATOR WATSON) Senator Hall, maybe we ought to know which bills you want to recommit. Are those a1l of them that are on the Calendar there i from 1795, 1796, 1797: (17)98...
(17)98.
PRESIDING OFFICER: (SENATOR WATSON) . .. 01 -- 1801 and 1802. SENATOR HALL: j That's correct.
PRESIDING OFFICER: (SENATOR WATSON) Okay. Senator Hall moves to recommit Senate Bills 1795. 1796: 1797, 1798, 1801 and 1802 to committee. A1l those in favor, say Aye. Opposed, Nay. The Ayes have lt. Mokion carrles. On Supplemental Calendar No. 1, there is Conference Committee Report Senate Bill 405. Senate Bill 405, sponsored by Senator Rea and Ralph Dunn. Senator Rea. Read the bill, Mr. Secretary. '
Second Conference Committee Report on Senate Bill 405. 1 1 259 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR WATSON) The Chair recognizes Senator Rea. SENATOR REA: i Thank you: Mr. President. Ccnference Committee Report on - I Senate Bill 405, Second Report, is a report that is sponsored by ' Senator Ralph Dunn and myself. This allows solid waste landfills which the EPA has determined to be needed to receive related waste from a federally designated major disaster area declared by the President during the summer of 1993, that they may receive additional waste materials not to extend past October 9th, 1994. The tnitial extension for the landfills were seheduled for closure under Subtitle D but had remained open in order to take in waste . due to last summer's flood by April 9thr 1994. However, the areas have not yet been totally cleaned of related debrls, and an extension for these landfllls is needed. And this extension would be limited to six landfills and would be limited to six months. And Would ask for passage of Second Conference Committee Report on Senate Bill 405.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Senator Ralph Dunn.
Thank you, Mr. President. I certainly urge a favorable roll I call on Second Conference Committee Report of Senate Bill -- 405. PRESIDING OFFICER: (SENATOR WATSON) f l Any further discussion? Seeing none, the question is, shall the Senate adopt the Conference Comnittee Report on Senate Bill 405. Those in favor, vote Aye. Oppcsed, vote Nay. The voting is open. Have a11 vated who Wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that questiony there are ( 57 voting Yesr no vating Nor 1 votlng Present. Conference Committee Report -- the Senate does adopt the Conference Commiktee Report on Senate Bill 405, and the bill, having received the 260 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 108th Legislative Day April 2l: 1994 required constitutional majority, is declared passed. On page l5, we have Motions in Writing to Reccnsider the Vote. Senate Bill : 1456. Senator Cronin. Senator Cronin.
... Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. j Having voted on the prevailing side of Senate Bill 1456, I make a motion tp reconsider that vcte. 1
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Seeing ncne, Senator Cronin -- having voted on the prevailing side, Senator Cronln moves to reconsider the ' i vote by which Senate Bi11 1456 failed. Those ln favcrr say Aye. Opposed, Nay. The motion carries, and the question is now before . the Senate. We are waiting on some paperwork on Senate Bill 1456, so We'11 have to return to that order of business. Welll now go . to page 14, order of business ls Secretary's Desk, Concurrence, Senate Bills. Senate Bill 1037. Mr. Secretary.
House Amendments 1, 11: l2, 13, 14, l5, 16y 17 and 18 to Senate Bl11 1037.
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: Thank youy Mr. President. I move that We concur With Hcuse Amendments 1, 1l, 12, 13, 14, 15, 16, 17 and 18. Actually, Amendment No. 18 wlpes out a11 the previous amendments: so the only one wedre voking for is No . 18. IE's a -- an amendment requested by the attorneys for the Illinois International Port District that provides that the district may borrow through short-term notes to construct and operate certaln recreational facilities. They, as you probably knowr won a -- a suit With the Metropolitan Water Reclamation District on some material that they had dumped on their properties. They cleaned it up, and they're 26l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT I 108th Legislative Day April 21, 1994 in the process of building a golf course. The Metropolitan Water Reclamation District did award them ten million dollars in damages for what they had done. They 're a llttle short on the money. This does not requlre any State money whatsoever. A11 it does is they're going to borrow some short-term notes from banks to complete the project. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Senator Demuzio. SENATOR DEMUZIO: . .. tmicrophone cutoffl...l understand itr 13y 14r 15 and 17 are fee increases, and then you wipe that out by -- by Amendment No. 18, and you reinstitute al1 of the -- frcn 1 through l7y or Whatever it is, and you put in and you allow the Port District to start a golf course. Is that -- is that what We're doing here? PRESIDING OFFICER: (SENATOR WATSON) Was .that a question, Senator? I guess Senator DeAngelis will . yield. Senator DeAngelis. SENATOR D/ANGELIS: Well, I don't where Senatcr Demuzio got that infornationr but the other stuff is -- the other stuff is al1 out. The only thing is the ability for the Port Authority to borrow short-term notes. The golf course is almost completed. There is no State money in it. They just want to complete it. PRESIDING OFFICER: (SENATOR WATSON) Is there any other further dlscussion? Senator Shaw. SENATOR SHAW: Will the spcnsor yield? PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yieldy Senator Shaw. SENATOR SHAW: What -- you're allowing the Port District, you said: to borrow short-tern loans. HoW... 262 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21# 1994
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis.
Wait.
PRESIDING OFFICER: (SENATOR WATSON) Excuse me.
How does the -- how does the golf eourse get involved in this?
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis, for a second time. SENATOR DeANGELIS: The short-term notes are to complete the golf course, to complete the clcsure of the landfill that was ereated when the Metropolitan Water Reclamation dumped a1l their doo-doc on their property.
PRESIDING OFFICER: (SENATOR WATSON) Is there any further discusslon? Seelng none... Here again, I mean... There you go . Thank you. Senator Shaw.
Is -- is this the golf course that We fre talking about at 103rd and Doty, just east of Doty there?
PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. SENATOR DeANGELIS: If that's where -- I have never seen it, Senator Shaw. If khat's where *he Port Distrlct property is, that's the one. By the way, this is supported by almost everyone, including the Metropolitan Water Reclamation District that created the problem in the first place. PRESTDTNG OFFICERJ (SENATOR WATSON) Further discussion? Senator O 'Daniel.
263 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 Yes. Thank you, Mr. President. I rise in support of this legislation. We had this in -- in Revenue, andr you know, the -- these landfills that have been keptr khey are limited to What you can do with them and what you could build on them and all. And they make ideal golf courses. And al1 they 're asking for is the authority to borrow a little money. And I don't think there's anything at all wrong with this. I think we ought to suppcrt it.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator DeAngelis, would you like to close? Senator DeAngells. SENATOR DeANGELIS: Yeah. Let me just comment to Senator Demuzio. If you'll check your amendment, you 'll see in the fifth line that it replaces everything after the enacting clause. So, I move for a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) This is final action, and the question is, shall the Senate concur in House Amendments 1, 1l, l2, l3, 14, 15, l6: 17 and l8. Those in favor will vote Aye. Opposedy vote No . The voting is open. Have al1 voted who wish? Have al1 voted who Wish? Have all voted who wish? Take the record. On that question, there are 40 voting Yes, 7 vcting No, 9 voting Present. The Senate does concur in House Amendments 1: 1l, l2z 13r l4, 15: l6r 17 and 18 to Senate Bill 10377 having received the required constitutional majority, is declared passed. After having moved to reconsider the vote on Senate B1l1 1456, this bill noW is on 3rd Reading. Senator Barkhausen. Please read the billr Mr. Secretary.
Senate Bill 1456. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) 264 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 Senator Barkhausen. SENATOR BARXHAUSEN; Thank you, Mr. President and Members. Senate Bill 1456 we have, I guess, debated now on tWo occasicns, and the hour ls late. don't need tc belabor the point. This is really justr again, a legislative revisory bill that ccmes to us from LRB, pursuant to their charge to recommend us legislation that brings our Statutes into compliance with Executive Orders that have already taken effeet. This affects the State Police. be glad to answer your questions, otherwise would ask for a favorable roll call.
PRESIDING OPFICER: (SENATOR WATSON) Is there any discussion? Senator Jacobs.
Thank you. Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. dcn 't know what has happened since yesterday to make this bill bettery but in effect, ls still just a shell game. We're playing With numbers to make it appear that while we are reducing the head count, we are, in effect: reducing the number of people on the streets. And I think that that has not changed since yesterday. I think it was a bad yesterday. It's a bad bill now. And -- and let me add one thing, I mightr because I just want to 1et some of those who might have some ideas of where we're going with the next three billsy don't look at where voted before on the other bills, because bringing bills back this quick on Postponed Consideration after they uere defeated the same night and brought again, may vote just the opposite on all three of them just to sgrew things up.
PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Senator Welch, to further screw things up.
265 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 You haven't even heard my speech yet, Senator.
PRESIDING OFFICER: (SENATOR WATSON) have an idea we know what's coming.
You're going on past history. Let me just say that a couple days ago, I had a few queskions about this bill, as Wellz and that is) Is this going to take troopers off of the road? And Senator Barkhausen said he couldn't answer that question. And we still haven't had an answer to that question. What thls is going to do is put some troopers in uniform, only part time. It's going to result a reduction in the number of troopers on the raad . You know, Senator Barkhausen has said that this is the product of the Legislatlwe Reference Bureau. I used to be the lead sponsor of these bills, and I don't remember the Legtslatlve Reference Bureau ever coptng up with bills that codified an Executive Order that resulted in a -- a controversy such as this. The Legislative Reference Bureau is there tc do what a11 the legislators agree ony not come out with bills that are Executive Orders and say we're codifying existing law. Those are Executive Orders. They should stay Executive Orders. Ncbody's voted an them. So I think it ls it's a nisstaEement to say that the Legislative Reference Bureau is just bringing this to our attention. I don't see that way at all. Their purpose is to correct errors in the 1aw that we have passed, to bring up revisory Acts, to compile laws that we pass and eliminate changes that are redundant, not to come up and change Executlve Orders into Statutes and say that Eheydre just routine votes. Sc I think we should vote against this. It's a vote ta reduee the number of troopers on the road, and think it's a mistake to do that.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Carroll. 266 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 END OF TAPE TAPE 7
Thank your Mr. Presidentr Ladies and Gentlemen of the Senate. I too, again, rise in oppcsition, and I think it is clear that this is a reduction in troopers on the road. Since Edgar has become Governor, there's already been a reductlon of two hundred and thirty State troopers on Illinois' highways. This again Would be a reduction by merger of the number of trcopers on the State highways. And to those of you who have any interest, you are taking again from you the information of how many are actually assigned to road work. By merging these divisions, you no longer will be able to identify those who are supposed to be on road or police uork, and those who are in these other functions of investlgation. This is absolutely a horrlble way to go, especially since he has not had any of the cadet classes, and they are, in fact, down two hundred and thirty State troopers.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Dudycz.
Yeah. Thank ycu, Mr. Prestdent. Just to clarify a little further, or to ccnfuse a little further it depends on your perspectlve. The three-year revitallzation process -- first of all, this is not a -- a reduction; this is reorganization. And the three -- three-year revitalization... I think somebody sprung a leak here, Mr. President. The three-year revitalization process was completed, reducing eighty-nine duplicative command positions, and there have been nc facility closures, and no employee layoffs. Again, we stress this is not a reduction of 1aw enforcement 267 I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 personnel; this is strictly a reorganization of the Department. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Palmer. SENATOR PALMER: Thank you, Mr. President. I want tc rise in support cf what ! senator welch said. Let's be very clear, that ordinarily LRB bills are to codify language to make sure there are no duplications. This is a policy bill, and We have no business voting Yes on somethln: that should have been considered as a legislative piece, if you want us to put it into law . We are now giving what amounts to a service -- operation the mechanism to ! make a policy judgment: and I think that is totally inappropriate. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator Barkhausen, to ! close. SENATOR BARKHAUSEN: Thank you, Mr. President. In -- in -- in closingr in particular to the last speaker and to the prior speaker that l i questioned whether this was in keeping with LRB 'S usual rcle: let ' me take the trouble to clte Chapter 15r of the Illinols Compiled Statutes, Sectlon l0, labeled Revisory Bill. ''The Legislative Reference Bureau shall prepare fcr introduction...'' after a reorganization takes effect - which is What has occurred here with regard to the Department of State Police - ''...reviscry bill affecting sueh changes in the ytatutes as may be necessary to I conform the statutes to the changes in 1aw made by the reorganization.'' As I said yesterday in debater if there was . I goinq to be an objection to what is happening within the i Department of State Police, it should have cone about in the normal course of businessr pursuant to khe State Constitution, within sixty days of the Governor having issued his Executlve Orderr or it should have happened in the appropriations process, 268 1. STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 and of course during the remainder of the Sessionr there is still an opportunity to make an impact on the approprlation for the Department of State Police. That's Where the debate belongs, not on this revisory bill. I urge your support.
PRESIDING OFFICER: (SENATOR WATSON) The question isr shall Senate Bill 1456 pass. A11 those in favor, vote Aye. Opposed, vote No. The voting is open. Have all voted who wish? Have a1l voted Who Wish? Have all voted Who wish? Take the record. On that questicn, there are 28 voting Yes, 30 voting No: no voting Present. Senate Bill 1456, having failed to receive the required constitutional majority, is declared failed . The intention of the Chair is to go to Consideration Postponed on page 14. Just to advise the Membership, this is the second time that kesve voted on these bills. We would like to keep the debate limited; in fact, We would like to have the sponsor begin and one opponent speak, and we 'll take a roll call. Senate Bill 1329. Senator Petersonr on 3rd Readlng. Read the bill, Mr. Secretary. We don 't seem to have the bills at this time that are on the Regular Calendar. So We will go to the Supplemental Calendar, which has been distributed . It's Supplemental Calendar No. 2, Consideration Postponed. Senate Bill 1207 will not be called. Senate Bill 1678. Senator O 'Ma11ey. We are on Supplemental Calendar No. 2, Consideration Postponed. Senate Bill 1678. Senator O'Ma11ey. Read the bill, Mr. Secretary.
Senate Bill 1678. (Secretary reads title of btl1) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley.
269 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 21, 1994 Thank you, Mr. President and Members of the Senate. I appreciate your indulgence in -- in reconsidering Senate Bill 1678. I won't take up much of our time; I kncw it's been a long day. think we know what this btll's about. I believe it 's a reasonable limitation, and a management tool deserving of your suppcrt. I'd ask you to take a serious -- again: serious reconsideraticn for anybody who could not support it. I think this is something good for our sehool districts, and good for the State of Illinois. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Berman.
Thank you, Mr. President: Ladies and Gentlemen of the Senate. I rlse in opposition to this bill. This is an example of a bill that is far in excess of what mayy in factr be needed. We did not hear any details outside of the fact that the administration in schools kould rather be able to fire anybody at any time during the yearr instead of just on April 1st. In -- in a response to a specific question, as to why speeial ed personnel could not be exempt, we didn't get an answer. They said, ''We11r there's other people that are -- that would be covered.'' We have special ed kids that need a lot of personnel. We're getting fewer and fewer outplacements. This would allow an admlnistration that's pressed by dollars to deny the services to special ed kids that they sorely need. This blll is no better now than it was a couple of hours ago . I urge a No -- a No vote.
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley, to close.
I -- I don't have any more words to add . I think we 've al1 heard enough about this today, but I would -- I would request you again to seriously consider your votes and appreciate your 270 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 2l, 1994 support. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1678 pass. Those in favorr vote Aye. Opposed, vote No. The voting is open. Have a11 voted who wish? Have al1 voted who Wish? Have a1l voted who wish? Take the record. On that questlon, there are 25 voting Yesr 31 voting No, no voting Present. Senate Bill 1678, having failed to receive the required constitutional majority, is declared failed. On Supplemental Calendar No. 2, Consideration Postponed: we find Senate Bill 1716. Would you read the bill, Mr. Secretary?
Senate Bill 1716. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley.
I -- I think 1'11 reserve my remarks for closing, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Very good. Is there any discussion? Senator Berman.
Leave for the last roll call? This is a eharter school bill. There are two bills that have been introduced in the House; if they're going to move a charter school bill, let them do that one. We have debated thls bl11. I don't *hlnk ehak the minoriky party in this Body has received the fair consideration for some of our proposals that would have really allowed us to move this bill forward. That disturbs mer and it disturbs the Members of my caucus. And I think that what we ouqht to be able to do is to look at what these bills are doing to our children. And 1et me point out again - and I'm sorry to -- to repeat this - there is nothing 27l STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 any charter school the country to show any meaningful accomplishment regarding children. The -- the first cne was Minnesota. They didn't get started till last September, and there is no proof; a11 academic. Now if we're not going to requlre the people that want to take a charter and have them explain howr by waiving a11 of the rules and the regs, they're going to lmprove student achievement, why should we put our children to risk just because somebody wants to be called a charter school? It doesn 't make sense. You're gambling children for at least three years, perhaps five years. Now let's sit down and -- and wait for the House to pass the bill, if it's going to do so. Let's not just gamble three to five years of our children's lives on this bill. urge a No vote.
PRESIDING OFFICER: (SENATOR WATSON) Under the understanding we had earlier, there's -- there 's a couple lights onr but we were going to allow one speaker to oppose, and the sponsor of the bill to make a presentation. So -- thank you; the lights are now off. Senatcr O'Malley, to close.
Thank you, Mr. President. Thank you, Members of the Senate, for allowing me to talk to you again about this bill. will attempt to be brief. Senator Berman, you and I talked brlefly since this bill was last voted on. You know, and knowr that when this bill arrives in the House, it ls going to be looked at very clrcumspect. can't lmagine any of us in this Chamber believlng that this leaving here will come back identical Eo the conditlon it 's in today. Many of the concerns that Senator Berman is referring to can be addressedr as part of that process. I'd only say to us: Let's take a chance. Let's do something different. Let's foeus on What could be. Let's do something for our kids. That's what this bill is about. It's an cpportunity to do it. I'd ask for your support. Thank you. 272 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislatlve Day April 21r 1994
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1716 pass. Those in favor, vote Aye. Opposed, vote No . The voting is open. Have all voted who wish? Have al1 voted Who wish? Have a11 voted who Wish? Take the record. On that question, there are 31 voting Yes, 21 vcting No, 6 voting Present. Senate Bill 1716, having rèceived the required constitutional majorityz is declared passed. lenator Berman, for what purpose do you rise?
I'd ask for a verification of the afflrmative vote, please. PRESIbING OFFICER: (SENATOR WATSON) That is in order, Senator Berman. Wi11 all the Members please be in their seats. Senator Berman has requested a verification. Will the Secretary please read those voting in affirmative?
The following voted in the affirmative: Barkhausen, Burzynski, Butler, Cronin, Cullerton, DeAngelis, Dillard, Donahue, Dudycz, Ralph Dunn, Fawell: Fitzgerald, Geo-Karis, Hawkinscnr Karpiel, Klemm, Lauzen, Madlgan, Mahary Maitland, O 'Malley, Petersonr Petkar Raica, Rauschenberger, Sleben, Syversonr Topinkaz Watson, Weaver and Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Senator Berman, do you question the presence of any Member voting in the affirmative?
Senator Raica.
PRESIDING OFFICER: (SENATOR WATSON) Senator Raica is in his chair. Any other questions? On a verified roll callr the Ayes are 31y the Nays are 2l, and 6 voting Present. Having received the required constitutional majcrity, Senate Bi11 1716 is declared passed. Senator O 'Malley, for what purpose do you rise? 273 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day Aprll 21, 1994
I move to reconsider the vote.
PRESIDING OFFICER: (SENATOR WATSON) Senator Geo-Karis moves that the notion be tabled. A11 those in favor, say Aye. Opposed -- opposed; Nay. .The Ayes have it, and the motion is tabled. We will now go back to the regular Calendar on page l4r Consideration Postponed. Senate Bill 1329. Senator Peterson. Would you please read the bill, Mr. Secretary.
Senate Bill 1329. (Secretary reads title of bill) 3rd Reading cf the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Peterson. SENATOR PETERSON) Thank you, Mr. President. Senate Bill 1329 adds a ground for disclpllnary action uhen land surveyors engage in washout arrangements. A washouL refers to the practice of some surveyorsr mostly large companies, of waiving fees for services when transactions fail to occur. This arrangement is profitable to large high-volume surveyors, and tends to restrict open market conditions. Washout arrangemenks are currently considered illegal under federal law, when federally backed mortgage loans are invclved . T ask for an affirmative vote on Senaee Bill 1329.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, the question is, shall Senate Bill 1329 pass. A11 those in favor, vote Aye. Opposed, vote No . The voting is open. Have a1l voted who Wish? Have all voted who wish? Have a11 voted who wish? Take the record. On that questicn, there are 47 voting Yesr 7 voting Nor 1 voting Present. Senate Bill 1329, having received the required constitutional majority, is declared passed. On Consideration 274 STATE OF ILLTNOIS 88TH GENERAL ASSEM3LY ' q REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21r 1994 1 Postponed is Senate Bill 1401, by Senator O'Malley. Please read ; the bill , Mr. Secretary . I
Senate Bill 1401. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley.
Thank you, Mr. President, Members of the Senate. Senate Bill 1401 will allow the corporate authorities of a muntcipality - and only a municipality - to vote ta abolish an existing 9-1-1 board, once the implementatlon of the 9-1-1 service is complete and has been approved by the Illinois Commerce Commission. The bill, as I amended, affects only those 9-1-1 boards which are made up of a single municlpality and where 9-1-1 service is only Nithln the boundarîes of that single municipality. I would like to make a -- I'd just like to read into the record a letter from Vince Cainkar. He is the attorney for the Viklage of Evergreen Park Where the request for this legislation originated. In part, in a message y from Vlnce Cainkar that saysz quote, ''It makes no sense to have an extra bcard exlst just for the sake of approving monthly bills. Each municipality has an elected corporate authority which approves all of the other bills in the municipality, and there is no reason to have separate approval for 9-1-1 bills.'' I'd be ' happy to answer any questions you may have.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Now we have three lights on, so I guess we ought to -- now just -- no lights. Senator Cullerton, would you like to respond?
1,11 be happy to. I 275 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994
PRESIDING OFFICER: (SENATOR WATSON) Senator Cullerton.
The -- bill is opposed by several groups including Ameritech: the Associated Fire Fighters, the American Association of Fire Protection Distrlcts, Sprint/centelr the Illinols Commerce Commission, the Illinois National Emergency Number Association. The Commerce Commission position paper says that this bill takes the angoing operation of 9-k-l systems throughout Illinois out of the hands of the people that know the most about public safety - policey fire and emergency service providers - and puts it in the hands of the local elected officials. For that reason, think we should oppose the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator O'Malley, to close.
Again, thank you, Mr. President and Members of the Senate. Thank you, Senator Cullerton, for sharing *he opposition to this bill. Let me talk to you about the kind of people who shculd support this bill. I have served I've just completed, this month nine years serving on a fire protection district board. Fire prctection distrlcts probably have the least to say about emergency service through 9-1-1 service, because their calls represent a relatively small percentage of a1l the calls that go into dispatching. But T can tell you, based on my experience, that after the 9-1-1 board is established and I've been very lnvolved with dispatching for nine years this is a very legitimate and approprtate request. The technical problems associated with 9-1-1 service are accomplished at the time we're saying a municipality that is responsible to pay the bills will be able to do so. And I think this is -- this is simple, straightforward legislation. It's -- it's approprkate legislation 276 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 under the circumstances, especially at a time when we're trying to save money for local taxpayers. That's precisely what this bill does. It's efficient. It's good. ask ycur support. Thank...tmicrophone cutoffl... PRESIDING OFFICER: (SENATOR WATSON). The question is, shall Senate Bill 1401 pass. A11 those favor, vote Aye. Opposed, vote No. The voting is open. Have voted who wish? Have a11 voted Who wish? Have a11 voted who wish? Take the record. On that question, there are 22 voting Yes, 31 vottng No, 2 voting Present. Senate Bill 1401, having not received the required constituticnal majorityz is declared failed. Messages from the Housey Mr. Secretary.
A Message from the House by Mr. Rossi, Clerk. Mr. President I am directed to inform the Senate that the House of Representatives has adopted the following joint resolutionr in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 142. (Secretary reads HJR No. 142) Adopted by the House, April 21st, 1994.
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver. SENATOR WEAVERI Thank your Mr. President. I'd move for the dispensing of the rules for the immediate consideratlon and adcption of House Joint Resolution 142.
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver moves to suspend the rules for the purpose of the immediate consideration and adoption of House Joint Resolution Those in favor will say Aye. Opposed: Nay. The Ayes have it. The rules are suspended. Senator Weaver has moved for the 277 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 adoption of House Joint Resolution 142. Those in favor, say Aye. Oppcsed, Nay. The Ayes have and the resclution adopted. Messages from the House. SECRETARY HARRY: A Message -- a message -- a Message from the President. Dated April 21st, 1994. Dear Mr. Secretary - pursuant to Rule 2-10 of the Rules of the Illinois Senate of the 88th General Assembly, the Senate will not be in regular Session on Frlday April 22nd, 1994. Signed by President Philip. PRESIDING OFFICER: (SENATOR WATSON) Senator Demuzio, for what purpose do you rise? SENATOR DEMUZIO : - - was just Wondering: Are we golng to go to House Bills 1st Reading yet before we adjourn, or -- or do you know? PRESIDING OFFICER: (SENATOR WATSON) Well, be sure to get up here and pick up as many as you can, Senator. You want to sponsor as many as you want. Senator -- Resolutions, Mr. Secretary. SECRETARY HARRY: Senate Resolutions 1307 thrcugh 1317 <sicl (1318) are offered by Senator Hall. And Senate Resolutlon 1318 Ksic> (1319) is offered by Senator Severns. They're a1l congratulatory, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) Consent Calendar. We Will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, a11 those that have been read in tcday Will be added to the Consent Calendar. Mr. Secretaryr have there been any objections filed to any resolution on the Consent Calendar? SECRETARY HARRY: L 2 7 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day April 21, 1994 No objections have been filed, Mr. President.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The motion carries, and the resolutions are adopted. think we shculd take this moment to congratulate each of us for completing our buslness before the deadline. hope that you will have a nice Weekend and week off. Is there any further business to come before the Senate? notr pursuant to the adjournment resolution, Senator Weaver moves that the Senate stand adjourned until Tuesday, at 10 o'clock, April...tmicrophone cutoffl...okay. Tuesday, April 26th, it Will be in a perfunctory Session. Wish my wife happy blrthday, because April 26th is her birthday. The Senate will stand adjourned. 279 i, I% REPORT: TIFLDAY STATE OF ILLINOIS 9R/11/03 I PZGE:001 88TH GEKERAL ASSEHBLY 11:0k:29 SENâTE DAILY TRANSCRIPTION OF DEBZTE INDEX APRIL 21, 199% H8-0365 FIRST READING PAGE R HB-0431 FIRST READING PAGE V HB-0950 FIRST READING PAGE V HB-2108 FIRST READING PRGE k HB-22k0 FIRST READING PAGE V H8-2264 FIRST READING PAGE V H8-2268 FIRST REZDING PAGE V i H8-2269 FIRST REZDING PAGE 5 H8-2358 FIRST READING PâGE 5 H8-2359 FIRST READING PàGE 5 H8-2612 FIRST READING PâGE 5 : H8-2635 FIRST READING PAGE 5 H8-2645 FIRST READING PAGE 5 HB-3081 FIRST READING PâGE 5 H8-3192 FIRST REZDING PRGE 5 H8-32T3 FIRST REZDING PAGE 5 H8-3582 FIRST REZDING PAGE 5 5B-0M05 COMFERENCE SB-0R81 RECALLED PAGE PAGE 25? 81 SB-0R81 THIRD READING PAGE 82 SB-1037 CONCURRENCE PAGE 261 SB-1133 RECàLLED PAGE 73 SB-1133 THIRD READING PAGE ï4 5B-1147 RECALLED PAGE 77 SB-11q7 THIRD READING PâGE 78 SB 1172 THIRD REZDING PAGE 80 SB-1186 THIRD READING PAGE 8: ' SB-1200 THIRD READING PàGE 87 58-1207 POSTPONED CONSIDERATION PâGE 88 58-1229 THIRD REZDING PAGE 106 58-1253 THIRD REZDING PAGE 109 58-1258 RECALLED PAGE 5 58-1258 RECALLED PAGE 3 58-1258 THIRD READING PAGE 2V5 SB-127R THIRD READING PRGE 110 5 SB-1311 THIRD READING PAGE 119 SB-1318 RECALLED PZGE 129 - SB-1318 THIRD READING PAGE 130 58-1323 THIRD READING PAGE 131 SB-132R RECALLED PAGE 136 1 88-1324 THIRD READING PâGE 136 58-1329 THIRD READING PAGE 27R 58-1336 THIRD REZDING PAGE 137 s8-1352 THIRD READING PAGE 138 - 58-136% RECàLLED PAGE 1M0 SB-136k THIRD READING PàGE 1V2 SB-1381 RECALLED PAGE 1V5 SB-1381 THIRD REZDING PAGE 1V6 SB-1k01 THIRD READING PAGE 275 5B-1%21 RECàLLED PAGE 1k7 SB-1V21 THIRD READING PâGE 1k7 SB-1q35 THIRD READING PAGE 151 SB-1kk7 THIRD REàDING PAGE 152 sB-1M56 THIRD READING PAGE 26V SB-1y56 MOTION PAGE 261 SB-1R79 RECZLLED PAGE 153 SB-1R79 THIRD REZDING PRGE 15V SB-1R91 RECZLLED PRGE 156 SB-1491 THIRD READING PAGE 157 SB-1509 THIRD READISG PAGE 165 SB-1509 OTHER PAGE 175 SB-1516 THIRD READING PAGE 171 58-1528 RECALLED PRGE 172 s8-1528 THIRD REZDING PRGE 172 REPORT: TIFLDAY STàTE OF ILLINOIS 94/11/03 PA6E: 002 88TH GENERZL ASSEHBLY 11:0R:29 SENATE DAILY TRANSCRIPTION OF DEBZTE INDEX âPRIL 21, 1994 58-1598 RECALLED 58-1598 THIRD READIKG SB-162M RECALLED SB-162% THIRD READING SB-16V9 THIRD REZDING SB-1678 RECALLED SB-16T8 THIRD READING SB-1678 POSTPOKED CONSIDERATION SB-1685 RECâLLED 58-1688 OTHER sB-1691 THIRD READING SB-169R THIRD REZDING 58-1698 THIRD REZDING SB-1706 RECALLED SB-1706 THIRD READING SB-1709 RECALLED 38-1709 THIRD READING SB-1709 OTHER SB-1710 RECALLED SB-1710 THIRD READING SB-1?15 THIRD READING SB-1716 RECALLED SB-1716 THIRD READING SB-1716 POSIPOSED CON3IDERATION sB-172V THIRD REZDING SB-1728 RECALLED SB-1?28 THIRD HEADING SB-1730 RECALLED 38-1730 THIRD READING s8-1733 RECZLLED SB-1T33 THIRD READING SB-17V6 RECALLED sB-17R6 THIRD READING SB-175R RECZLLED SB-1T5V OTHER s8-1755 THIRD READING 58-1756 RECALLED 58-1756 THIRD READING SB-1758 RECALLED 58-1759 RECâLLED 58-1760 RECZLLED SB-1761 RECALLED 58-1762 THIRD READING 58-1763 RECZLLED 58-1763 THIRD READING SB-176M RECALLED SB-1T6R THIRD REZDING 58-1765 RECALLED 58-1765 THIRD REZDING :8-1766 THIRD READING SB-1T67 THIRD READING s8-1768 RECALLED 58-1768 THIRD READING 38-1769 THIRD REZDING SB-1770 RECALLED s8-1770 THIRD READING SB-1T71 RECALLED SB-17T1 THIRD READING SB-17T2 RECALLED 58-1772 THIRD READING 58-1773 THIRD READING sB-17TM RECALLED 58-1775 RECALLED SB-17T7 OTHER REPORT: TIFLDAY STATE OF ILLINOIS 9:/11/03 PAGE: 003 88TH GENERAL ASSEHBLY 11:0M:29 SENATE DAILY TRâNSCRIPTION 0F DEBATE IKDEX APRIL 21, 199% SB-1T78 OTHER SB-1T79 OTHER 58-1780 OTHER :B-1781 OTHER 58-1783 OTHER 58-1795 OTHER 58-1796 OTHER SB-179T OTHER 58-1798 OTHER SB-1801 OTHER sB-1802 OTHER SB-1819 THIRD READING 5R-1296 RESOLUTION OFFERED 5R-1297 RESOLUTION OFFERED 5R-1298 RESOLUTION OFFERED 5:-1299 HESOLDTIOS OFFERED SR-1300 RESOLUTION OFFERED SR-1301 RESOLUTION OFFERED sR-1302 RESOLUTION OFFERED SR-1303 RESOLUTION OFFERED sH-130q RESOLUTION OFFERED SR-1305 RESOLUTION OFFERED :R-1306 RESOLUTION OFFERED SR-13O7 RESOLUTION OFFERED SR-1308 RESOLUTION OFFERED sR-1309 RESOLUTION OFFERED sR-1310 RESOLUTION OFFERED SR-1311 RESOLUTION OFFERED SR-1312 RESOLUTION OFFERED SR-1313 RESOLUTION OFFERED SR-1314 RESOLUTION OFFERED SR-1315 RESOLUTION OFFERED SR-1316 RESOLUTION OFFERED SR-1317 RESOLUTION OFFERED SB-1316 RESQLUTIQN QFFERED SR-1319 RESOLUTION OFFERED HJR-01R2 âDOPTED HJR-0142 RESOLUTIOM OFFERED SDBJECT MATTER SENZTE T0 ORDER-SENâTOR HEAVER PACE 1 PRAYEH-PASTOR THOHAS CHHISTELL PAGE 1 JOURNZLS-APPORVED PZGE 1 JOURNALS-POSTPONED PZGE 1 COMMITTEE REPORTS Pê6E 1 HECESS PAGE q SENZTE RECONVENES PAGE q COMMITTEE REPORT PAGE R6 HESSAGE FROH THE PRESIDENT-DEADLINE EXTENSIONS PAGE 24# MESSAGE FROH THE HOUSE PAGE 271 MESSAGE FROH THE PRESIDENT PZGE 278 RESOLUTIONS CONSENT CALENDER-ADOPTED PAGE 278 ZDJODRNMENT PAGE 279