The regular Session of the 89th General Assembly will please come to order. Will the Members please be at their desks, and will our guests in the galleries please rise. Our prayer today Will be given by the Reverend Craiq M. <sic> (H.) Jenkins; Betheden Baptist Church, Chicago, Illinois. Reverend Jenkins. THE REVEREND CRAIG JENKINSt (Prayer by the Reverend Craig H. Jenkins)
please a11 rise for the Pledge of Allegiance, by Senator ... Sieben.
(The Pledge of Allegiance, led by Senator Sieben)
Reading of the Journal. Senator Butler.
Mr. President, I move that reading and approval of the Journal of Tuesday, February 7th, in the year 1995, be postponed, pending arrlval of the printed Journal.
Senator Butler noves to postpone the reading and the approval of the Journal, pending the arrlval of the printed transcript. There belng no objection, so ordered. Senator Jones, for what purpose do you rise?
Thank you, President. The Reverend Craig Jenklns frcm Morqan Park the Pastor of Betheden BapEist Church. IE is Ehe oldest African-American church in the Morgan Park community, Where grew up. Many of the parishioners are here. They are going into its one-hundredth-and-fourth year as a church in that respected community, and like for the parishioners, Mr. Presidenty to rise and give a great Senate welcome for them . l 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 13*h Legislatlve Day February 8, 1995 PRESIDENT PHILIP: Will the parlshioners please rise and be recognized by the Senate. The Illinois Information Service and WCIA have asked permission to videotape today 's proceedings. Is leave granted? Leave is granted . Committee Reports. SECRETARY HARRY : Senator F'awell: Chair of the Conmlittee on Transportation, reports Senate Bills 72 and 168 Do Pass . Senator -- Senator Cronin, Chairman of the Conlmittee on Education , reports Senate M endments 3 and 4 to Senate Bill 19 Be Adopted ; Amendments 8 and 9 to Senate Bi11 22 Be Adopted ; Senate Bills l64 and 165 Do Pass ; and Senate Bill 14l Do Pass y as M ended . Senator Hawklnson, Chair of khe Committee on Judiciary , reports Senate Joint Resolution 11 Be Adopted . And Senator Hasara , Vice Chalr of the Committee on Local Government and Elections , reports Senate 5i11s 1l2 , 124, 180, 205, 206 and 222 Do Pass ; and Senate Bills 109 , 127 and 158 Do Pass, as Amended . PRESIDENT PHILIP : Resolutions . SECRETARY HARRY 1 Senate Joint Resolution 18, Constitutional M endment, offered by Senator Lauzen . PRESIDENT PHILIP : Introduction of Bills . SECRETARY HARRY : Senate Bill 33l, offered by Senator Hasara . (Secretary reads title of b1l1) Senate Bill 332, by Senator Molaro . (Secretary reads tttle of b111) Senate Bill 333, by Senator Molaro . 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 (Secretary reads title of bill) Senate Bill 334, by Senators Shadid, Garcia and others. (Secretary reads title of bill) Senate Bil1 335, offered by Senator Karpiel. (Secretary reads title of bill) Senator Sieben offers Senate Bi11 336. (Secretary reads tlEle of bill) Senate Bill by Senator Sieben. (Secretary reads title of bill) Senate Bill 338 is offered by Sena*or de1 Valle. (Secretary reads title of bill) Senate B1l1 339, by Senator Watson. (Secretary rgads title of bill) 1st Reading of the bills.
Senator Demuzio.
Mr. Presldentr thank you very much . I have an inquiry. Is -- is the Rules Committee gotng to be scheduled to meet today?
Senator Weaver.
No, *he Rules will nok meet eoday.
Senator Demuzio.
I notice there are a number of amendments that are -- currently are reposing in the Senate Rules Committee on Senate bills that are on 3rd Reading that apparenkly you attend -- intend to go to today. Is it your intention, then, to go to thcse bills that are on the Order of 3rd Reading with amendments pending in the Rules Committee and -- and have those bills heard this -- have STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 those bills heard on the Floor here on the Order of 3rd Reading, without those amendments being -- belng heard?
Senator Weaver.
It ls up to the sponsor to bring the bill back. It's my understanding they will not be brought back from 3rd to 2nd.
Senator Demuzio.
Did I hear you correctly that the sponscrs of those bills that have amendments that are pending will not, fact, be bringing those bills back to the Order cf 3rd <sic> Reading today?
That is what Senator Weaver has stated, Senator Denuzio. Senator Demuzio.
May I inquire then as to the reason why we are speeding up the process to the extent that we are being denied the opportunity to have our amendments heard by conmittee on bills that are currently pending here? I nean: we're not under any particular deadline as of now . There are a lot of substantkve issues that -- that are in the Rules Committee that need to be heard by a committee before those bills are heard on the Order of 3rd Reading.
Senator Weaver.
Well, certalnly, the sponsor controls his bill. would suggest if you have some legislation you'd like to introduce, the deadline -- we have not reached the deadline: so lntroduce the bills.
4 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Senator Demuzio.
Well: I guess youdre telling me that amendments are out of the questlon now; we should just have our own bills, instead of offering amendments to to bills that Ehat okher Members have. -- I think ik's a ridiculous process and we 'll hear more -- more about I guess, as we go through the Order of Reading today.
Senator Demuzio , think wedve always alloked the sponsor to accept or not accept the amendments. And if you 've gct an idea, introduce a b111. Senator Jones. Senator Jones.
Yeah. Thank thank your Mr. President. To make it more precise - and you and T have had conversation and wg're talking about fairness and opening of the process - nok I know there are several amendments that have been filed to bills that are currently on 2nd and 3rd Reading, and there are four amendments filed on bllls Ehat are on 3rd Reading. NoW if the Rules Committee -- if the Rules Committee has not met and do not intend to meet today and these bills are currently on 3rd Reading, my Members would like to know right now what's going to happen to those billsr because the amendments have been filed; the amendments are in the Rules Committee; the bills are on 3rd Reading. May I suggest, Mr. Presidentr that the...
Senator Weaver.
.. . that wp have a policy that the if the amendment has been filed, is in Rules Committee, that that bill should not be acted on today.
5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Senator Weaver.
As I said, Senator Jones, up to the sponsor. It's up to you, your Membership, if they wish to amend a bkll, to see th9 sponsor, ask him to bring it back to 2nd. Wefll s9e what happens today. you have amendments filed and you can convince the sponsor to bring it back, then it'll be brought baek. Rules meet if they so desire, to -- to act on that amendment, either tc pass it cut of Rules or to send it back to commiEtee. But the sponsor still controls the bill.
Senator Jones.
Well, we -- we recognize that the sponsor controls the bill, but what we are talking about is a spirit of cooperation on this Senate Floor. Now we -- we addressed this issue last Sessinn. Nowr we -- all of a sudden We Want to nove these bills rather rapidly. I don't know what the rush is, Mr. President, but as we get further on into this Session, you 're going to look, for cooperation, as I warned you last week. But if you want tc ramrod these bills through, in spite of the fact that amendments have already been filed and the Rules Committee is not going to peet, I Would suggest to you, Mr. Presidenk, that you, as the the spokesman for the Body and as spokesman particularly far your side of the aisle, make a strong recommendation that these bills do not move until such time as -- as those amendments are addressed in the proper committee.
WAND and WICS ask permission to film today . Is leave granted? Leave is granted. On page 5 of today 's Calendar, in the Order of House Bills 3rd Reading, on this Order House Bill Senator Butler. Read the bill, Mr. Secretary. 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995
House Bill 201. (Secretary reads title of bill) 3rd Reading of the btll.
Senator Butler.
Thank you very much, Mr. Presldent. Ladies and Gentlemen, House Bill 201 repeals What is known as the Structural Work Actr and as Ne know: that Act was first enaceed in 1907. Then, four years later, 1911, the Workmen's -- the Workers' Compensation Act Was enactedr and this was thought to be a more comprehenslve, was thought to be a no-fault insurance program to assure that all and I underline 'a1l''- injured workers were eompensated for their injuries. Most other states have repealed their Structural Work Aets or never had them the first place. Todayr only New ïork and Illinois havê Structural Work Aets. Not one of our neighboring statesw not one midwestern state has a Structural Work Act. Now the intent back in 1911 was for workers' eompensation to be the exclusive remedy for injured workers. Was exclusive remedy until 1955 when the Illinois Supreme Court ruled that workers' compensation need not be the exclusive remedy in the case of third party lawsuits. With that ruling, attorneys began mining what call the ''golden veins'' of the Structural Work Act litigation, and as a result, we now have a system that costs Illinois contractors more Ehan a hundred and thirty-nine million dollars per year. NoW, that hundred and thirty-nine million thaE is not spent on equipment, it is not invested in warker *raining, it is not returned to investors, and in facty it ls not even spent on improving worker safety. Now, ehere is opposition to thiG actian, of course. The opponents claim are -- are fond of stating, as a matter of fact. tha: Illinois and New York are tied STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 I for third in workplace safety, and thatr they say, proves 1 Structural Work improves workers' safety. Butr Ladies and Gentlemen, let's get the facts straight. The study that is usually cited was from the National Safe Workplace Institute. It ranked California, Nhich incidentally is a non-structural Work Act state, and New Jersey, Which also is no* another Structural Work Ac* stater as numbers one and two . So California and New Jersey were number one and two. The other states in the top ten were Massachusetts, Texas, Maine, Connectlcut, Minnesota and Oregcn, all of whtch - all - are non-structural Work Act stabes. So there is simply no way to demonstrate any correlation between worker safety and the Structural Work AcE. I might cite another studyr this one from the National Traumatlc Occupational Fatality System, which shcws that Illinois ranks somewhere in the mlddle on worker safety : number twenty-nine for the construction industry and number nlneteen for al1 industries. So there are other -- incentives for employees to create and maintain a safe workplace. Let's keep in mind that workers' compensation premiums are experience-based; that is, rates are determined by the claims filed against you. The employers who might be careless have higher claims Which -- and pay higher premlums. We shculd also point out that OSHA can and does levy stiff fines against employers who fail to maintain a safe workplace. We might point out - and this is important - recent fines levied by OSHA include 1.9 million against General Motors in Oklahoma City and five million dollars against a painting contractor in Pittsburg. Here in Tllinois, just last May, OSHA issued citaticns against a Melrose Park contractor that *otaled a hundred and forty-seven thousand dollars. So the Structural Work Act can indeed actually reduce - and I emphasize that - ''reduce'' worker safety. We heard this bill yesterday, and as testlmony yesterday showed, third party contractors often go to great lengtbs to avoid being found i 8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 to be in charge of the work site. Third party contractors may avoid going on site and may avoid notifying any contractcr cf potentially hazardous situations, because they do go on site -- if they do go on site. But spould point out, they do protect themselves from any potential liability. Finally: Ladies and Gentlemen, the argument that employers will make a conseious declsion to ignore safety at construction sites they do not have the hammer of the Structural Work Act over hanging over them is a profoundly cynical argument and ignores the real nature of most employer and employee relationships. Frankly, I have never known ncr I ever met any employer who was not deeply troubled and genuinely disturbed by any injury on the job site. But I do know a greak many employers who, years after an accident has occurred, stlll carrles with him or her the mental picture of an employee injured or killed in an accident. So I find -- I find hard to comprehend khat any employer would deliberately maintain an unsafe -- workplace. Scr Ladies and Gentlemeny urge passage of House Bill 201.
Just wanted to announce to the Membership, because this is going to be a hotly debated issue, that we 're going to use the timer today and limit the debate to three minutes per Senator. So with no further ado, Senator Dunn.
Thank you, Mr. President. won't take three minutes. Senator Butler, kt's my understand that -- Senator Butler? Itfs my understanding that this bill has an immediate effective date. So my question to you is, presumlng it has an effective date upon signing immediate effective date: If a Norker is injured and dces not file a cause of action prior to the Gcvernor signing this bill: does that injured worker still have a right -- a cause of ackion agains: the employer, or the persons in charge? 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995
Senator Butler.
The answer is yes. As -- as you knaw, we added two amendments - - or two preambles just to cover that situation.
Senator Dunn.
So, Senator Butler, it's prospective only, as to the injury?
Senator Butler.
Yes.
Senator Dunn.
Last question: Senator Butler, is this tied ln any fashion to a reduction in premiums to companies who have bought this insurance to protect themselves in the Structural Work Act field?
Senator Butler.
No, not specifically in the bill, but as we al1 knowr the insurance market is very competltiver and we can expect that rates will come down as experience improves.
Senator Hall.
Thank you, Mr. President. Will the sponscr yield for a question?
The sponsor indicates he'll yield. 10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995
Senator Butler, do you know Why this bill went into bein: down through the years? Are you aware of why it was?
Senator Butler.
I'm sorry, Senator Hall. I don't follow the question.
Senator Hall.
read you cne line: The Act Was intended to impose a mandatory duty on employers to provide a safe working environment for a construction location. Do you mean to say you want to do without that? You want to take that away?
Senator Butler.
TWo points can be made. First of all, OSHA has now assumed that responsibility, and secondlyr I have to repeat what I said before: Senator: I uould doubt there is an employer who is so callous, and he is callous, not ignorant of the costs of maintaining an unsafe work site.
Senator Hall.
Welly f hope everycne on this side opposes this. Thank you.
Eenakor Garcla.
Thank you. Mr. President. And to the bill: Tllinois is home to the birth of the labor movement that gave workers throughout this country and in many countries al1 over the world 11 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 I eight-hour day. It was the birthplace of efforts to ensure khat children would not be exploited in wcrk sites, and as a result today we have child labor laws governing workin: peaple and companies all over this country. It is a tragic day, in my opinion, Mr. President, that an important Act like the one that this Leglslature is on the verge of repealing today has to eome down simply along partisan lines. What this means basically is that we are willing to jeopardize the safety of workers in this great State simply because Members have signed on to a political aqenda that signals this law as a target in order to create better business climate in the State of Illinols. I would like to point out, Mr. President and Members of this Chamber, that Illinois right now is enjoying one of the most prosperous times in history. Unemployment is at an all-time low in the State and new jabs are being created. In 1994 alone, over ninety thousand jobs Were created, according ko the Illinois Department of Employment Security. It is a very sad day, Mr. President: that this 1aW should be struck down if this effort succeeds. It ls a shame that we have, slnce 1907, been able to strlke a balance between worker safety and prosperity - economic prosperity - to the State of Illinois, and it is shameful, Mr. Presidenty that We will end this important period in Illinois history by striking down one of the most important guarantees of worker safety and protection. I urge my colleagues tc vote agalnst it. Thank you.
Senator Hendon.
Thank you, Mr. Presldent. Slnce I only have three minutes, I Won't ask my esteemed colleague any questions on this bill, and I also know that he knows exactly what he's dotng. But I must say that I truly do not understand why we would put Workers ' lives ln danger and believe that we 're going to help industry, Icause lt's 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 not going to happen. If 1 Was an insurance company insurlng khe construction industry and found out that now, because of this, going to be more dangerous on the workplace, now, because of ehis, more workers' lives are going to be put in danger, Would not lower the premium; I would raise how much you have to pay to get insurancer and that's exactly what's golng to happen here. And who's going to pay that? The manufacturers are gcing to pay that; the conskruction companies are going to pay that. This going to be a reverse action. The insurance companies are not going to lower the insuranee; they lre going to raise it. Why? Because noW it's going to be more dangerous on the workplace. As a Senator that has a lot of construction going on in py -- my district: let me tell you something 1et me tell you something: 1* is a dadgum shame that ln thls day, ln this Senate, we are willing to risk the lives of every man and woman that's working in the construetion industry. It is a shame that we would do thts Illinois. I believe that this a danqerous act. IE's very dangerous to get rid of this Act. This was put in in 1907 When mines were crashing down on the heads of our workers, when we had to go down there and dig people's bcdies up out of the coal Rines in khis State. It is wrong . is dangercus. If this Act saves one life, worth And when you repeal this Act, the llves, the deaths of the workers that are in these jobs right now is going to be on your head, Senator Butler; it's going to be on the head of every Senator that votes to put their lives in danger. This is a dangerous move today, my my friends. We should not put workers' lives danser, especially because not going to cause a saving; ik's going to eause insurance to go up. If you were selllng insurance, you know you would ralse the insurance rates if you know Ehat more hazardous sikuaEions are gcing to exist, and that's exactly what's going tc happen if you vote for this today. I urqe you - I urge you your consciousness: 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 in a1l of your love for humanity, that you vote No on this most dangerous piece of legislaticn. Thank you, Mr. President.
Senator Welch.
Thank ycu for letting me follow that. I'd like to ask Senator Butler a question.
Senator Butler indicates he'll respond. Senator Welch.
Senator Butler, one of the premlses behind repealing thls is it's going to save a lot of noney the manufacturers and employers of the State of Illinois. Could you give me an estimate of how much money will be saved in insurance premiums by this repeal of the Structural Work Act?
Senator Butler.
Senator, I cannot. As we know , and you know: insurance of this type is based on experience. It's experience-rated. What that experience uill be, no one knows. It's just ccmmon sense -- common sense tells us that there will be a cost reduction withcut this Structural Work Act hanging over the heads of both of the employers.
Senator Welch.
Well, Senator Butler, insuranee companies operaEe on estimates. They estimate how long youdre going to live; they estimate who's golng to get in a car accident. just find hard to believe they haven't given an estimate on how much money is going to be saved the employers of Illinois. What you're 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 telling me is that you 're saying to the employers, ''Hey, we 're going to repeal this; trust the insurance companies to lower your rakes. Truse ehae rates will come down by passing the repeal of the Structural Work Act.'' I think somewhere there are some figures, Senator Butler, and f think that we should have them. Are you -- are you sure, in looking Ehrough your file, you don 't have some estimate of even a couple of dcllars that Will be saved? Certainly they're not estimating premiums will go up.
Senator Butler.
Well, Senator, think you are -- you have available the same numbers we have, and ,that is a Wyatt Study a few years ago showed that the cost to employers was a hundred and thirty-nine million dollars for this cne Act. So# just to extrapolate that into the - - into the last four or five years with inflation, et cetera, and I think you'll come up With a good, solid number. Bu* the point here is that, you know, common sense tells you that this Act -- the coverage on this Act must cost money, and without it, the the -- that cost go down.
Senator Welch.
Welly think we've narrowed this down then. If the Structural Work Aet is repealed and these employees will then solely be covered by the Workers' Campensation Act, there will be no need Cor any Scaffoldlng Act insurance whatsoever. The cost of Scaffolding Act insurance was one hundred and thlrty-nine milllon dollars. Without any need to insure against Scaffolding Act injuries, the savings to employers must be at least one hundred and thirty-nine millicn dollarsr adjusted for inflation, for each year since that study was made. Would you say that would be 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8: 1995 correct, Senator Butler?
Senator Butler.
Senator, The Wyatt Company in -- is a reputable company. assune their numbers are right. I'm not going to stand here and swear that their numbers are carrect. -- think safe to assume there will be a reduction in cost.
Senator Palmer.
Thank ycu, Mr. President. To the bill: I think there ls a misconception in this bill. As a former Member of the Conmerce and Industry Committee, recall that we raised this issue and considered it in last Session. First cf all, I think we need to understand that no injured worker can recover twice for the same lnjuryr and I think that is something that we keep putting out here as one of the reasons. I am concerned that we certainly have two themes wlth which I agree - responsibility and accountability - in -- in the legislation that I think we are trying to puk forward from time to time. I don't find that to be the case with respect to this bill. The test of applicability when comes to uhether a worker is justified in even taking advantage of the Structural Work Act ls belng ignored here. There are five tests, and I think Ehat this bill completely skirts that issue. First of the person being sued must be in charge of the workplace, wtth the authority to prevenE the accidents. fecondly, *he injured par*y must shou that the person in charge knew of the hazard. Thirdly, there must be evidence of a connection between the injury and the hazardous situation. Fourthlyr there must be an unsafe condiEion Ehat exis*s. And fifkhly, there must be a hazard constructton activity involved. Now it seems to ne with those 16 STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 five tests imposed by the court, there is nothing wrong with having a Struckural Work Act in place. And at a time when Illinois is trying to grow its economy, I think it's a dangerous precedent to say, by repealing this law' to workers that their lives and safety are nok valued by their employers.
Senator Bernan.
Thank you, Mr. President. First, for the recordr on this bill and other bills that will be coming on with -- that address civll litigation adjustments, or, quote, 'tort reform''y unquote, I uant the record to reflect that my law practice addresses and -- and services clients in this area, and I want that ta be of record, and I will vote ny conscience as I see fit. After that, Ladies and Gentlemen, 1et me point out that what We are doing here -- and I think that Senator Welch touched on a point that has never, to my knowledger been raised, and that is a hundred and thirty-nine million dollars of savings to business in this community. I also read -- in this State. I also read about some efforts to cut back on benefits in workers' compensation. Now if We put both of those things together, What Welre going to find is that business gets a windfall of a hundred and thirty-nine million dollars. They may get a windfall by cutting back on workers' compensation benefits. And you want to know soaething, Ladles and Gentlemen? The people that are employed in these industries, Which are dangerous industries, these employees, these workersr these people that work on so-called scaffoldlng projecks, are up in *he air and when they slipy they don't fall a foot or two feet; they fall sEories and hundreds of feet, and they have terribly serious injuries. They are not adequately compensated under workers' compensation, as it presen*ly exis*s: and if my friends on the other slde of Ehe aisle have their way, they'll probably be less 17 STATE OF TLLINOIS 89TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislatkve Day February 8, 1995 adequately compensated. We are taking money from pecple that have been severely injured as a result of someone else's negligence and we are penalizing those people. I would suggest you that that's not the way our society should work. And I suggest to you that when we're talking about these kinds of serious injuries caused by someone else's negligence: that these people should be given every benefit of the doubE, they should be given great suppork, *hey should be given the kind of compensation and awards fcr their serious llfetime injuries that result from this. This is exactly a step in the wrong direction. 1* is mean. It is giving compensaklon and windfalls to the Wrong side these issues. And khat's going to happen is that you're goin: to have more families On public aid, you're going to have more famllies broken up because of the less avallable compensation for these life-endangering, permanent types of injuries. This is meanness. This is meanness. And urge you not to suppork this kind of meanness. Thank ycur Mr. President.
Senator Carroll.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. too, rise cbviously in opposition and maybe 'cause of a little dlfferent vantaqe point. My firm does not represent anybody in these kind of cases. But have any of you, -- have any of you ever been up on a structural structure? Have any of you ever been ln a cage up high on a butldlng where people are hanging there, doing Workr washin: windows - thin:s of Ehat na*ure? grew up ln the labor union. My laEe father uas head of the Window Washers' Union. sau these types of people and the accidents that happened to them . Why are we taking away an obvious safety net? For a few dollars of premiuns? Illinois enjoys being cne of the third-safest states in the nation because we have required, 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 through this type of strict liability, safety for people who are doing a job that none of yau, or uould ever do, where are we wrong saylng it is imporbant to be safe? You say that OSHA will handle *he problem. Well, with eight hundred and fifty OSHA inspectors, the average tlme it would take to actually Mo out and inspect the four mlllion sitea around this State year-to-year is a hundred and thirteen years *o get to any one site. Now I don't even care if CDB is doing the ccnstruction, it would not take a hundred and thirteen years to complete any of the buildings. So what you're really doing is saying to those who have to work at this perilous type job in order to earn a living, ''That's okay. We're going to take away your ability to have a safe job site because, by having this type of Act, we have made those jcbs safer.'' Shame on ycu. I hope that some day you meet one of those people who were so injured and can say to them with a straight face you thought you did the right thing. I do believe, Senator Butler, we will not see those type of savings. I don't think the insurance companies will give back the hundred and seventy milllon dollars, or whatever the number is, to the industries of Illinois. But if that's what it takes to be safe workplaces. sa be it. That's what we've had these years, and we've enjoyed a construction boom in Illinois - not a drought - because we have had safe workplaces and people who understand what it is like to have to live those type of lives. I think this is the wreng type of leglslation and would urge its defeat.
Senator Shaw.
Thank youm Mr. President, Ladies and Gentlemen cf the Senate. But wanted to ask a question of Senator Butler. Who asked you to introduce this leglslation' if you can you tell us that?
19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 ! I Senator Butler. SENATOR BUTLER ) I think it was a general consensus among Members cn -- on this side of the aisle that we should address some of the more pressing problems that create problems for -- create a negatlve business climate in this State. And so I -- tbere's nothing insidious about it. I'm sure you 're speaking on behalf of the labor unions. 1'm speaking, perhapsr on behalf of the -- of the business communktyr and -- and I think we differ in that -- in that respect.
Senator Shaw.
I -- I didn 't -- I -- you told me about the consensusr but you didn't tell me where you got the legislation from. That's -- did you think of this bill yourselfz or was it -- or was it handed to you by the -- scme business group?
Senator Butler.
Senator, it -- it doesn't take a legislative genius to write a one-line Act. I thought it was the right thing to do, and that's why we're here today. PRESIDENT PHILIP: . Senator Shaw.
To the -- to the bill, Mr. President: Certainly, in Illinois here, we have a -- sort of a booming economy in term of bulldlng big buildings and so forthr and some of the other speakers have spoken to that. And, -- but now you wan: to take away -- make that workplace unsafe for many of those Workers that build those buildings. I'a not certain that we could build the Sears Tower 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 here today after removing or repealing this Structural Work Act. Ilm not certain that we could build the James R. Thcmpson Center now that we have taken away -- or are attempting take away the Structural Work Act. think this is bad publtc poliey, and as far as speaking for the union, I am not speakin: fcr the unions. I represent a lot of those people kho work in the industry, who works the construction site, who go out and risk their lives: where people the construction industry could make millions dollars, but not at their -- and not at the risk of losln: their life and no compensation for the family once they fall off the buildlng and become maimed and broken up.
Senator Shaw, would you please eome to a close. Your three minutes are up.
BuE -- Ehank you, Mr. President. But think you a1l have the votes on that side of the aisle. Xou a1l can do What you Nant. You can change the course of historyy and certainly this is a bad course that you are taking. But the people last November didn't vote for you to turn the clock back; they voted for you to come down here and do the right thlng by the citizens this State. And I ask for you to vote No on this bill.
Senator Dillard.
. .. Mr. thank you, Mr. President, Ladies and Centlemen of the Senate. Would the sponsor yield for a couple of questions?
The sponsor indicates he'll yield.
Senator Butler, just to clarify a question that was asked earlier of you by Senator Tom Dunn: a Norker was injurgd 21 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 before Ehe effective da*e of *his bill - of your bill - could he still pursue an action under the Structural Work Act?
Senator Butler.
Yes.
Senator Dlllard.
And if a worker is injured on or after the effective date of this Act: could he pursue an action under the Structural Wcrk Act?
Senator Butler.
The answer is no.
Senator Dillard.
Thank you, Mr. President, Ladies and Gentlemen. To the bill: Like Senator Berman, am one of the few Members cf this Chamber that aetually probably cut his teeth as a lawyer handling Structural Work Act matters: and from time to time, still have Structural Work Act matters and maybe, perhaps, have a conflict on this particular bill. But I will do what think all of us do in this Chamber, and that's vote for what I believe is the best interests of the State of Illinois. What I want do ls really clarify, once and for all, what we're doing here, what we're doing in the rgpeal of the Structural Work Act. First of all, the Structural Work Act does not allow an employee tc sue kheir employer. That's something thak think everybody needs to understand . An employee eannot sue their employer under the Structural Work Act. Wcrkers' compensation has always been, at 22 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Leglslative Day February 8, 1995 least in my lifetlme, the exclusive remedy for injured workers in actions against their employers, and employees, again, dc not sue their employers under this particular Act. Structural Workz as interpreted by the judicial system in the courts, allows an injured worker to sue a third party - somebody else - not the employer, whc is partially liable for their injury. Now, here's the kicker: Without the Structural Work Actr an injured worker still can sue those other third partles under negligence. They will file an action in *he circuit court and collect: barring contributory negligence, absolutely everything they would collect as an injured worker under the Structural Work Act. So, what's the difference? What's the big deal here? The Structural Work Act does nok take intc account the comparative negligence of the plaintiff. In other torts - in other torts - the plaintiff's own negligence can reduce or eliminate an award, depending on the degree of their negligence. For example, the plalntiff twenEy-flve percent negligent, the award is reduced by twenty-five percent. think that's simple logic. Plaintiffs who are more than fifty percent at fault in other torts in Illinois can't collect. But under khe Structural Work Act, a plaintiff Whc is ninety-nine percent at fault can collect one hundred percent of an award, even if the poor defendant found to be only one percent or minimally at fault. A person can get on a structure...
Senator Dillard, would you please bring it to a close.
They can get on a structure, they ean be drunk or on drugs, and fully collect. So I believe that's not What most people in the State of Illinois believe is justlce. In other words, there is no comparative fault in the Struckural Work Act, but a legitimately injured worker who has a claim against a third party, under negligence, will still collect fully. And I think is 23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 time that this Act be repealed.
Senator del Valle. SENATOR dEL VALLE: Thank you, Mr. President. This bill has been presented as an economic issue by my colleagues on the other side of the aisle, and yet, we lcok at a press release issued by the Illinais Department of Employment Security, Illinois payroll jobs reached an all-time high in 1994. Wefve a1l known -- or know that there has been an improvement in the economy -- economy nationally. But the press release also indicat/s that the constructicn and trade sectors were the lead performers in 1994, with construction job increases at a number of four thousand, more than doubling those of 1993. So I don't understand what the argument is, what the economic . argument The fact is that if we repeal this Act, work-site safety suffer and the number injuries will increase. That Will lead to an increase in claims, and insurance rates that are based on claims experience are going to go up . So we're not gcing forward; we're going backwards here. And, yes, this is an important issue for labory thls isn 't abaut organized labor; this about workers, and this about khe safeey of those workers. These -- this is about individuals who are going to suffer permanent injury, whose families are going to be affected. But want to say to my friends in organlzed labcr that, folksr this is the first shot. There's more to come. There's workers' compensation. There's union busting Sangamon State University and other anki-worker measures that are going to eome before this Body and be approved wlth the votes of Ehe other side of the aisle. And, folks, We better deal with this, and the word better go out throughout the State of Illinois that Ehe Illinois General Assembly is going to be doing everything it can to undo khe laws Lhak were put into place to protect workers. And 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 that is Wrong.
Senator Syverson.
Thank you, Mr. President. Just two quick conments. First, ta the -- the quesElon about the five tests that are involved in the Structural Work Act, we wish that were the case, but not. Obviously, has been for some time that everybody on the job site, whether they are in charge or not, are always named in the suits. They may be found lnnocent later on, but after they have spent thousands and thousands of dollars in defending those cases. We have letter after letter of companies that have been brought into those frivolous suits that have been affected. We have companies in Rockford. Liebovich Brothers had to shut their doors down because of being named in -- in suit after suit. But second of allr from a safety standpoint: we need to understand that if we're looking strietly from a financial standpolntr workmen's compensation rates are affected by those losses. If a company is going to throw safety out beeause they don't have Structural Work Act, they're going to have larger claims. Larger claims substantially drive up workmenls compensation rates, which Will make that ccntractor uncompetitive the business climate. They are going to continue to have safe measures beeause they want to keep their workmen's comp and their liability rates down. So , safety is ncE based strlckly on *he Structural Work Act. Safety will continue. This Act will make companies more competiEive, which will spur business and spur grow*h and create more jobs throughout Illinois now and into the future. And strongly support Senator Butler's bill. Thank you.
Senator Molaro.
25 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 1995 Thank you, Mr. Presidentê Ladies and Gentlemen. First of all, know, don't know I don't know what the words ''common sense'' mean anymore. I always thought common sense was a -- was kind of an absolute. You either had it or you didn't have it. I - - it would make -- it makes common sense to me that some of the things over there on the other side of the aisle aetually do make common sense; that insurance premiums should go down if, in fact, this passes. also seems to make common sense Ehat this passesr there will be eontractors out there who are going to think that we in the Illinois Senate have decided to relax safety rules. Even though that's common senser I'm hcping it doesn't happen. T wish there was a way we could put maybe a sunset clause on thls to say that if premiums don't go down and accidents do go up, that two years fram now or a year from now we'll bring this back. But I know that's not going to happen. I would just hope that we think about further things coming down the line in this Senate. I always thought that When I came to this Body that a11 the political stuff where we have to stay absolute Democrats and absolute Republlcans would happen ln the House; that when W9 came to the Senate, we were a little above that; that if things meant somethinç and things are of eonsciencey we didn't just have to go straight along party lines. looks like we're going to have to do it on this one. But as as the Senate goes on, hope doesn 't. One last thing, legally, must point out. Senator Dillard, you're right on. Even as a Democrat, have to agree wlth you. What he said about comparative negligence is correct. But I'd also like to point out Lhat there is no double reeovery; tbat -- you're going to get an award under the Workmen's Compensation Act, that you can go back -- mean, there 's not soing to be double recovery, so I also wanted Eo point that out. Thank you.
26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislatlve Day February 8, 1995 Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlemen of the Senate . Let me see if I got this straight. I get injured. apply fcr workmen's comp . I get my workmen 's comp. A subcontractor may be liable. I sue the subcontractcr under the Structural Work Act. win my Structural Work Act suit. pay back workmen's comp. We're talking about hundred-and-thirty-nine-million-dollar saving tc business. How much of that hundred and thirty-nine million went baek to workmen's comp, and how much and what effect will this have on workmen's comp? Because now all of the claims will be covered by workmen's comp , where before only part of them were covered by workmen's comp. So where is the true savings? And can ycu guarantee not cnly this Bcdyy but the businesses of Illinois who are doing so well, of no increase in workmen's comp claims because of more claims falling under that level rather than being under the Structural Work Act? I think a11 welre doing here is shifting the burden from workmen 's comp -- excuse mey from Structural Work Act to workmen's comp. And I think that that's do you have any flgures on that or any idea of what's going to happen with the workmen's comp rates because they don 't have the availability of the Structural Work Act, Senator?
Senator Butler.
Senator, do not. That -- that issuey as you know, w111 be debated in depth, and whether or not there is a tie-in with this, I am not prepared to even thlnk about it at the moment.
Senator Jacobs.
But again -- my word -- I may use my Word, Ucommon sense'' 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 let's apply it in these -- and let's apply a little logic, too.
Senator Jacobs.
Let me just add in closing then, Senatcr: think earlier you made a statement that an argument can be made that the Structural Work Act, in facty may reduee safety. 1* just seems lronie to me that *he only two states that are ahead of two states that have the Structural Work Act in safety are Florida and New Jersey, and most of the other states you mentioned, I'm really not too sure about how much industry and how much they do in that state on a heavy industrial side. So think being three and fcur out of the top four is pretty damn good.
Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I am utterly amazed at the manner fn which concluslons are arrtved here. Pkrst of all, the repeal of this Act does not take away anything from an lnjured worker. Senator Dillard pointed it out real well. But to turn around and classify this as an act of neanness, 1et me tell you where the real meanness My district borders Indiana. If you 're to go from my district on Route 30 into Indiana, and you would go from another way to Thornton-Lansing Road into Indiana; you would think and for those of you who may have ever driven tc Las Vegas - that you went from tbe desert righ: in*o Ehe Clty of Las Vegas. On the Glenwood-Lanslng Road -- Thornton-Lansing Roady there is -- where it sEarts in Tllônois till ie hlts the end of the line, a shut-down restaurant, a bowling alley that's barely awakez a farm implement person who is down to selling lawn mowers, a shut-down sehool. %ou hit the line in Indiana, and there's nothing but new buildings - industrial buildings - on b0th sides of the streets 28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 13*h Leglslative Day February 8, 1995 I i for niles. If you go down Route 30 and youfre going Eo Indiana, ' you see a shut-down go-go place, shut down a restaurant that was said to have had some other kind of enterprise going on within it, and then you start in Indiana and you can't barely get your car down Route 30. Now, you know, maybe they don't like their State Senator in Illincis; they like their one in Indiana better. Okay? But I got to tell you, there's reasons for that happening. And if you want to talk about the meanness, 1'11 point it out to you. Four miles -- four miles up the road on Route 30 there is the poorest town in the Midwest: Ford Heights. There are unemployed people, there are bcarded-up buildings, there are people living on publie housing. I guess that's nct meanness. Thatls really gocd. The reason that they're there is they can't find work. And the reason that nobody is building there is because of things llke the I Structural Work Act. I think you ought tc go out and review again the definition cf meanness. And by the way, if this is an act of meanness, then we've got forty-eight states in the country that have been mean for a long time. I suggest we support thls bill.
Senator Geo-Karis. SENATOR GEO-KARIS: j Mr. President and LadiesandGentlemenoftheSenate,I had 1 i some mixed emotions about this bill until I looked into it a little further, and . I heartily concur with Senator Dillard 's assessment of i*. Thereês nothing to prevent a plaintiff from suing any other person if they think he's liable? but it doesn't cost the employer that amount. The -- *he employer's llablllEy ls foraplaintiffwhogetshurtonajob,totakecareofhim under 1 ! workmen's comp. We've got it. It cannot be denked. And the fact I that the existence of the Structural Work Act deters a lct of qood buildin: companies and other companies from coming into Illinois ' and giving us more jobs I think is something to eonsider. And I ! I 29 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Leglslative Day February 8, 1995 think the common sense is that Wa do repeal this bill and make other companies eome come into this State and help us out, 'cause we do need more jobs in Illinois. We may be doing alright today, but we don't know where wegll be toaorrow. And the fact that *he worker who is injured can still sue someone else just like Senator Dillard said - for any other act is still there. So I don 't know why we're fighting about
Senator Watson.
Yes. Thank you very much, Mr. President. And maybe should declare a confliet: Mr. Presidentr because I've been sued under the Structural Work Act. So, probably not many of you have had khat wonderful experience, but I have. And I'm glad to hear that the economy is so well in this State. Maybe some of you folks who talk positive about the economy ought to come down into my area and find out what unemployment and poverty and -- and problems can be. work closely in my district with my communities trying to attract industry and jobs to the people that I represent, and time and time again the biggest problem that we have ln dealing wlth those industrles who would -- we would like to attract to our area the cost of doing business and the ccst of doing business in competition with Missouri, Indiana, Iowa, Wisconsin doesn't natter. Every single state surrounding us has a lesser cost of doing business. And I go into labor halls, and E go ln and talk to those guys, and I get a 1ot of phone calls from them, and a lot of them are my friends. And they -- they eell me, HFrank, how can you be so an*i-labor?'' Well, I1m not anti-labor; I'm pro-job. f9m trying ko create Work for the very guys who are opposed to this type of concept and others that will follow . We're trying to ereate jobs and work for the very people that we represent. The Structural Work Act is one those issues that creates the 30 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 noncompetitive edge that Illinois has in dealing with trying to attract jobs. So the proper vote on thls issue, if you want to do something for economic development this Stater is Yes. Thank you.
Senator Cullerton.
Yes. Would the sponsor yield?
Sponsor indicates he'll yield . Senator Cullerton.
Senator Butler, listened to Senator Dillard 's explanation of how the Structural Work Act works and the fact that you can sue a third party but that there's no comparable negligence taken into account. And was just curious Why, then, you're repealing the entire Act, which has a number of other provlsions other than just glving the right of someone to sue. Why not just add comparable negligence to the Structural Work Act rlgh: now and you 'd accomplish your goal? PRESIDENT PHILIPJ Senator Butler.
With permission of the Chair, 1.11 ask Senator Dillard to answer that.
Leave is granted . Senator Dillard.
Senator Cullerton, we did consider that on this sîde of the aisle, bu* I Ehink most of us agree that the six-volume Statutes of the State of Illinois are a little bi: and thick and cumbersome, and ifr in fact, under simple negligence we can take care af a legitimately injured Worker, assuming there's negltgence 31 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8: 1995 on the part of a ehird party, we believe that we should just take this off of the books.
Senator Cullerton.
Senator Dillard, slnce youtre the spokesman, maybe can follow up -- follow-up a question. The -- I have What I believe is the Structural Work Act right here; it's about four pages. And it has a number of standards - safety standards. It gives the Department of Labor the opportunity to go in and inspect sites. even says that if there's a willful violation, that it's a Class A misdemeanor; that a State 's attorney can bring aetion. Now, maybe there 's some arguments you might have about some of these standards, butr I mean, it seems to me that wiping these whole standards -- safety standards off the books ls unnecessary. You could keep them cn *he books. You can say someone's injured, they can sue ln tort, like you pointed out, but that there will be comparable negligence. Is lt the intention to -- of the sponsors to wipe out all of these other standards, whieh are also included in *he law right now?
Senator Dillard.
As you know, Senator Cullerton, OSHA has a litany of standards, and at any glven trial in negligence, there Will be, from a variety of sources from the plaintiff's side, a number of things that have to be taken into account. And I don't thlnk we have to spell them a11 ou* in the StatuEes of the State of Illinois.
Senator Jones.
32 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Thank you, Mr. Presidenk. I guess the the legal persons on the Floor are the legtslators who have debaeed the legal issue. But this is the first the assault on the working people of Illinois, and I'm really surprised and shocked at same of the eomments coming from the other side of the aisle. I heard the Governor's State of the State Address, and in that Address he indicated that the eeonomy in Illlnois doing so çreat, at a twenty-year high; is doing so qreat that we will have billion dollars for the next fiscal year over the current fiscal year. Then in another breathr he said We 've got to do something for the business beeause we are not doing great. And what about that hundred and thirty-six million dollars tha: you talk about that you're going to save? You're nct going to increase the wages of the poor working people. Yau're not going to lower the insurance rates. And I'm really shocked when you talk about Indiana vis-a-vis Illinols. Indiana doesn't have a great econamy; doesn't have all that growth. don't see Motorola golng eo Indiana. But this is the assault that you are placing on the people of the State of Illinois, as and perhaps, in some cases, kncw why. know why because sometime my good friends in labor, they make money, they start deing good, and they made a mistake November. They made a big mistake. saw them at the Inauguration, sitting down there over at the Convention Center. Scme . of them made a mistake, because I know the rank-and-file persons did not expect this to happen to them . So you are going to rape the workers of Illinois. You're going to take away a1l the benefits and rishts that they have fought for over Ehe years, a11 *he safety standards in the workplace. The corporations didn't come up with It was through the unions abyss and the workers to fight for these various safety programs. So again, ycu're going to do you're going Eo stab them in the back nct only with thls pieee of legislationr but with other proposed 33 STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 ! legislation that you plan to follow behind this. But not one dime fromthissavingsis--isgoingbacktotheworkingpeople. You 1 probably evencpposetheminimumwage. Youopposethat,as--as 1 yourcolleaguesinCongressoppose that. Because if you were 1 sincerely trying to help the working people, then you would not try to turn back the elock on something that they fought for, something that was put in there fcr their benefit. But again, in - - in the interest of biç business - in the interest of big business - you're going to stab them in the back, and that's what I call raping the working pecple of the State of Illinois. And 1 you're not with them. 1 I
Senator Farley.
l Thank you,Mr.Presldent,LadiesandGentlemenoftheSenate. 1 Several issues have been dlscussed here involving th9 repeal af the Scaffold Act. One of them is insurance rates. I Would venture to say that there's nobody here that could guarantee that insurance rates are going to go down. It was asked several times here on the Floor and it's been asked also in committee, and there has been nobody that's been able to say or quarantee that I insurance rates will, in fact, go down. I don't see any crisis 1 I situation here. I don't see where repealing this Act is going to ixprove the business climate of the State of Illincis. In fact, if anything, khe fact that this is in plaee would encourage people to want to be in the State of Illinois - work safety, solid construction, those kinds of kssues and khose kinds of itgms that go hand in hand with a -- a viable economy, and a viable place to work and to live. I wish that everybcdy here would be kn commltEee and hear the testimony of some of the individuals that have been j hurt and some of those individuals that had to go Eo *he 1 ! Struetural Work Act to recoup those losses that they suffered i 34 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislatlve Day February 8, 1995 through pain and injury and loss of Wages. There Was testimcny 1 : given by a youn: man yesterday that talked about how he got hurt ! on the jcb and how he had cautioned his employer and his foreman of the unsafe condition of the scaffold that he was on. This man ! cannot wcrk the rest of his life. This man is goinç to end up in a wheelchair beeause he pointed ou* that this was an unsafe condition but was forced - forced - to go on the scaffold and work 1 ; because they were behind two weeks. One of *he other Senators mentioned that this -- the repeal of this Act would encouraqe business and competition. Well, shame on us that we -- we encourage competition so that those pecple that are in charge of jobs would force people to go on unsafe scaffold in unsafe i conditions because they 're competing with a -- with a fellow contrackor and have to compete to finish a job cn time. Shane an us to take that kind of attitude With the -- the lives and the safety of individuals that -- that live and work in our State. ! It's a sad day in Illinois today if this Structural Work Act is l repealed . It's a sad day, because safety is the issue. And I would suggest, Mr. President, that we take another look at this, I that we reconsider what we're doing here, for those that think they should repeal this Act, and give this a resounding Nc vote. ! I Thank you I . I PRESIDENT PHILIP: ! . Senatcr Hendony for the second time . I SENATOR HENDON: Thank ycu, Mr. Presldent, and I appreciate being able to stand . a second time. A couple of thinqs dawned on me as people kept i Ealking about common sense . We11 -- as far as insurance rates going down. If you were insuring the auto industry and a1l of a : sudden the government comes up, ''Wel1, we don't need brakes anymorer and we dan 't need safety belts anymore'', do you think I i their rates are going to go down? Heck, no, Ehey dre going to go 35 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 up . And that's what you're doing today. Youfre saying we don't need brakes anymore. You ere saying we don't need safety belts anymore. That's what you're saying. We don't need bumpers on the cars anymore. Why don't we just -- just get rld of everything and be like Taiwan or Mainland China where you've got a thousand people working in one little, small building. That'll help business, won't it? Don't give a darn about the people that are involved. And want point out one thing to you : Corporations may have given you the moneyr but the people voted for you. So you should think about the people instead of just *he money that youlre getting from Ehe corporations. Thank you, Mr. President.
Any further discussion? If not, Senator Butler, to close.
Thank you very much, Ladies and Gentlemen. I appreciate a1l the comments that took place here today. This is: indeed, an important piece of legislation, and I'm sure a11 of us has thought deeply about our -- our vcte. I'd like to polnt out just a couple of things. One of the speakers on the other side mentioned something to the effect that this would be voted along partisan lines, and I'd like to differ wtth that person. I think it may be voted upon because of our profound difference our philosophy our philosophy towards government and our philosophy towards ordinary people and, most importantly, our philosophy towards business people. What we have heard today, that the business people are some kind of ogres Who would deliberately injure their workers, and I don't think Ehat the insurance reducEion is principal eoncern here. Eafety is *he principal cancern. But philosophically unlike a of what Ifve heard todaye philosophieally, I believe -- I have Eaith -- I have faith in the fundamental goodness of people. find kt very hard ko believe that a buslnessman uith his life invested a business Would 36 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 deliberately deliberately - create any kind of a condition that would injure a worker, or you want to be crass about that would him the pocketbook. You know r we shouldn't automatically think bad things about businesspeople. And I would suggest we all knsw businesspeople, and I'd suggest to all of you who are arguing about their fundamental badnessr look them in the eye and say, don': trust you. Youdre going to do -- you're going to do the worst possible thing to your workers.'' Ladies and Gentlemen, the issue is indeed safety, but the issue is a sense of fairnessy and we should repeal this Act. And matter of fact, the General Assembly should have done eighty years ago, as forty-five or forty-six other states did at that time. The Act is unfair. It hurts our econcmy: and -- and it -- at best, it's of dubious value tc protecting a worker's safety. The people who are going to be hurt by this are the lawyers: not the workers: and I would urge an Aye vote.
The question isy shall House Bill 20l pass. Those in favor will signlfy by saying Aye. Those opposed: Nay. The voting is open. Have you a1l voted who wish? Have you all voted who wish? Take the record. On the question, there are Ayes, Nays. House Bill 201, having reeeived the required constitutional majority, is declared passed. Senator Dillard.
Mr. Presldent, havlng voted on the prevailing side on House Bill like to move that we reconsider Ehat vote.
Senator Hasara.
I move Senator Dillard's moeion lay on the table, Mr. President.
37 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Yes. Senator Dillard moves. Senator Hasara seconds. Havin: Senator Dillard moves, seconded by Senator Hasara, moves that House the motion be tabled. A11 those favor, signify saying Aye. Those cpposed, Nay. The Ayes have it. The motion is tabled. On page 2 on today's Calendar, on the Order of Senate Bills 2nd Reading - I would hope that everybody would move their bills - Senate Bill Senator Woodyard. Senator Woodyard? Move the bill -- read the bill.
Senate Bill 54. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments.
Have there been any Floor amendments that have been approved for consideraticn?
No further amendments reported, Mr. President.
3rd Reading. Senate Bill 58. Senator Molaro. Read the bill.
Senate Bill 58. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Insurancee Pensions and Licensed Activities adopted Amendment No. 1.
Senator Molaro. Ohz excuse me. Have there been any Floor amendments khat have been approved for consideraEion?
No further amendments reportedr Mr. President.
Reading. Senate Bill Senator Fitzgerald. Senator Fitzgerald. Senate Bill 59 -- 79, excuse me. Read the bill. 38 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislatlve Day February 8, 1995
Senate Bi11 79. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
Have there been any Floor amendments that have been approved for consideration?
Amendment No. 1, offered by Senator Fitzgerald.
Senator Fitzgerald, to explain the amendment.
Yes. Amendment No. 1 just provides an immediate effective -- effective date, and it's merely technical in nature.
Any discussion? If notr Senator Fitzgerald moves the adoption of Amendment No. l to Senate Bill 79. Al1 those in favorr signify by saying Aye. Those opposedy Nay. The Ayes have 1t. The amendment is adopted. Are there any further amendments that have been approved for consideration?
No further amendments reported, Mr. President.
3rd Reading. Senator Karpiel. Senate Bill 84. Senator Karpiel, 84. Take it out of the record. Senator Fawell. Senate Bill 86. Read the bill.
Senate Bill 86. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments, Mr. Presldent.
39 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8: 1995 3rd Reading. Senate Bill 100. Senator Dudycz. Take it cut of the record . Senate Bill Senator Madlgan. Read the bill.
Senate Bl11 104. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
3rd Reading. Oh, have -- excuse me. Have there been any Floor amendments?
Amendment No. offered by Senator Cullerton.
Senator Cullerton.
Thank you, Mr. President, Members of th& Senate. This amendment identical to Senate Bill which was considered in committee but held in commlttee, and ehis was approved by the Rules Committee. It just says that the salary used for calculating a annuity for the judiclal pension system will be based on the salary of the -- on the last day of employment or the highest salary received position held least four consecutive years. Be happy to answer any questions and ask for its adoption.
Any discussion? Senator Cullerton moves the adoption of Amendment No. 1 to Senate Bill 104. A1l those favorr slgnify by saying Aye. Those opposed, Nay. The Ayes have i*. The amendment is adopted. Any further Ploor amendments that have been approved for consideration?
No further amendments reported, Mr. President.
40 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 3rd Reading. Senate Bill 133. Senator Peterson. Take it out of the record. Senate Bill -- take it out of the record. Now, on the bottom of paçe 2, Senate Bllls 3rd Reading, Senate Senator Dudycz. Read the bill.
Senate Bill 1. (Secretary reads title of bill) 3rd Reading of *he bill.
Senator Dudycz.
Thank you, Mr. President. On November 8th of last year, the voters of Cook County, in an advisory referendum; told the General Assembly that they want tax caps. Eighty-three percent -- over eighty-three percent of those who voiced an opinion on tax caps clearly stated that they support legislation restricting local governments' abllities to ralse property taxes by requiring a referendum for any property tax increases...
Excuse me, Senator Dudycz. Senator Jones, for What purpose do you rise? Okay. Senator Hall, for what purpose do you rise?
Thank you, Mr. President. We would like to have a Democrat Caucus.
That is -- motion always in order. How much tlme do you think you'll need?
I had to look at the Leader to find out on that one.
right. I'm -- you know -- there he's hiding. How about see he 's sot one finger up. We dll reconvene Senate at 41 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 l o 'clock. And 1111 ncw recognize -- Senator Donahue, for what purpose do you rise?
Well, thank you: Mr. President. too: would request a Republican Caucus your offlce immediately.
A11 right. Let's keep it short and sweet. We'l1 be back at l o'clock. (SENATE STANDS IN RECESS) END OF TAPE TAPE 2 (SENATE RECONVENES)
The Senate Will please come to order. The bottom of page 2 on today 's Calendar is Senate Bill No . 1. Senator Dudycz. Read read think we read the bill once didn't we? We'11 do it again. Read it again.
Senate Bl11 (Secretary reads title of bill) 3rd Reading of the bill.
Senator Dudycz.
42 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Thank you, Mr. President. Once againr I begin on Senate Bill 1. On November 8th, 1994, voters of Cook County, in an advisory referendum , told the General Assembly that they want tax caps. Over eiqhty-three percent of those who voked, and those wha voiced an opinion on tax caps, clearly stated that they support legislation restricting local governments' abilities to raise property taxes by requtrlng a referendum for any property tax increases over the previcus year's rate plus five percent, or the Consumer Price Index cost of inflation, whichever is less. Senate Bl1l is our response to that mandaEe tc the people of the State of Illinois. Senate l does the following: First of extends caps to non-home rule units in Cook County and taxing districts in the collar counties that were not already capped. Number twor it keeps prior year EAV in Cook County in calculating the accountable amount of the -- the extension. limits the 1995 extension - thak's the 1994 levy which is payable this year in 1995 - to one hundred and five percent of the previous levy of 1993. And beginning with the 1995 levy year, which is payable next year, it limits the growth to our property awners the lower of five percent or the -- or the rate of inflation. It exempts debt service bonds issued prior to the effective date of bill, and clarlfies that upon dissolutlon of a TIF dlstrict, all of the increment is to be caleulated as new property. And unlike the House version that passed the House earlier, the . effective date of the -- of Senate Bill No. is on the date that the Act takes effect and that's the day that the Governor signs the bill. 1111 be happy to answer any questlons.
Senator Jacobs.
Thank you, Mr. PresidenE, Ladies and Gentlemen of the Senate. Would the sponsor yield for a question? 43 STATE OP ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislatlve Day February 8, 1995
Sponsor indicates he'll yield. Senator Jacobs.
Senator, and ccrrect me lf I'm wrong, I think ycu said eighty-four percent of the people in the area voted for tax caps. that be the case, then why are you excluding the majority of them with this bill? By excluding home rule, you are excluding the majority of the people that the property tax caps is -- are -- are going to hit. For those of you who are not familiar with how property taxes work, for most of the non-home rule units, they have limits on their rates, and most municipalities are already at those limits, sc they don't have the advantage that you are still allowing home rule units to noW have. The home rule units are going to be able tor inerease their assessed valuationr and, br to increase their tax rate. Non-home rule unity -- units can only live off of the assessment inerease. So I guess my question is: Why did you exclude home rule units, whlch excludes the majority of the people?
Senator Dudycz.
Well, Senator Jacobs, for several reasons. First of all, personally, I'd like to see home rule units included. But when We were fighting for tax caps for the past several years, We said that We Wanted to nake them ldentlcal to the -- the caps tbat covered the five collar counties, and they have excluded home rule units. I in Cook County, Eenator, *he City of Chicago -- the government of the City of Chicago and the Cook County government boEh have imposed upon Ehemselves voluntarily a five-percent tax Cap, and up until this point, they have been careful to keep within those guidelines -- upon themselves. Plus, like to read to you a couple of sentences fron the Legislatlve Research 44 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Unit regardin: the -- the property tax extension in Cook County, : ! how it uould affect the home rule units. The -- the Legislative 1 : I I Research Unit's report says, 'The Cook County property tax caps is j applicable to government units which make up 72.4 percent of khe total property *ax extension in the county. School districts alone accoun: far 54.7 percent of the total property tax extensions.'' So even though I and you would like to see home rule units included for those of us who are residents of Chicago and are concerned about the Chicago City government and the county government, they have imposed this tax cap upon themselves, and most of the units of governments that w111 be affected by khis are those school dlstricts which eat up most of the *ax base.
PRESTDTNG OFFICER: (SENATOR MAITLAND) Senator Jacobs.
Well, Senator, and I don't disagree with what ycu're saying because that's true in every taxing body in the State of Illinoisr schools take up the -- the greatest portion. But alsow in this l particular instanee, I'm sure that in that same area that you have some cities that are not home rule units. So you are including those municipalities in thls bill, but you are excluding the big cities, and I just have a -- that's one thing I have a problem with. I just have a problem with the rich getting richer and the poor getting poorer whenever it ccmes to municipalities, because we always exempt home rule units which have more powers than I non-home rule units do, and that's part of my problem with thls bill. So I just wanted to -- to bring that to Ehe attention of the Membership. Thank you. PRESIDING OFFICER: (SENATOR MAITLAND) -1 I Further discussion? Senator Berman. I
i Thank you, Mr. President. Ladies and Gentlenen of the Senate, : 45 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 during the committee hearinqs on this bill, a number of school districts and school district organizations came and raised some legitimate coneerns, not to defeat the tax cap proposal, because they recognize the strcng, broad-base support for this, but to, shall I say: massage this a little bit to address some very serious concerns, such as *he issue of life safety how do school districts address the -- the needs of their children for adequate facilities and safe facilities; increased enrcllments Cook County where you have pretty much an established property tax base, but older people are moving out of homes and younger people are moving into homes with children. So you have an increased enrollment, but you don't have necessarily an increased assessed valuation because of new construction. The triennial assessment - out on the south Cook County in particular, as this bill is now , they fre golng to really be hur: dramatically because their south Cook County assessment will not be able to take be taken advantage of by the way this bill is presently structured . And fourthly, they pointed out that with the prior year EAV that we've imposed on Cook County, a11 the schools in -- and taxing bodies in Cook subject to the tax cap are getting hit doubly. have a questicn for sponsor. Senator Dudycz: why weren't these amendments, some of which I offered in committee and others have offered, adopted to this bill? guess that would be my first question. Why -- why did we not address these relatiwvely minor adjustments to *he tax cap? Why were they not adopted to this bill?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Well, Senatcr, as you know, there were five additional amendments thak were offered in committee that were attempted to, as you say, massage the -- the bill. And Senate Bill 1 is one of 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 1995 the fast-track items that We are committed in both Bodiesr the Senate and the House, to get to the Governor's desk as soon as possible. A tax cap was very important. And even though agree with you, many legitimate concerns were brought up by -- by many units of local government, including some the Metropolitan Water Reclamation District and some school districts. And because of this -- the situation of the triennial reassessment that ke have in Cook County, we have and we -- we must, and we shall, deal Ehem in following legislation during -- later on during the Session. But some -- some who define massage -- you know, I - - massaging something does not -- I do not have any problem with massaging legislation: Senator. What have a problem, is diluting the effectiveness of the caps. If you want to -- to -- to offer legislation that chip away at the five-percent cap or the CPI, I will resist it, and -- as I did on your amendments and the others that were offered. Because T think thatr firse of all, we Wouldn't get them passed early enough in this Session to -- to get to the Governor's deskz and second of all, because they would chip avay at the effectiveness of tax caps, and I Will be resisting them.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Berman.
Thank you. I'm -- a little confused and apprehensive regarding your comments. If we -- and just want to limit myself Eo Ehese four issues: llfe safety, increased enrollment, triennial assessment, and prior year EAV. If those items are offered in a traller bill, are you opposing those -- any or all of those?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 13th Legislatlve Day February 8, 1995 As amendments to Senate Bill 1, am opposing them . As far as following legislatiln, Senator, ycu have until March 3rd or 4th to offer your -- your bills. And sure that Chairman Petersonr from the Revenue Committeer and hls committee will be giving a full hearing to each and every bill khat is brought before the committee, and then when it comes to the Floor, we will address them one at a time. But this polnt, yesr I'm not interested at this polnt of addin: or removing anything from the content of Senate Bill
PRESIDING OFFICER: (SENATOR MAITLAND) Senator -- Senator Berman ycur time has expired. Would you bring your remarks a close, please,
I guess just as a as a follow-up: Idm not offering my amendments to Senate Bill l were defeated. I'm -- what I'm -- are you open-minded on these four items regarding their inclusion in a trailer bill? Yes or no?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Senakor, I'm open-minded to all efforts and a11 pieces of legislaticn that Will be coming before the -- the Senate: and we will deal with them one at a time as we approach them .
PRESIDING OFFTCER: (SENATOR MAITLAND) Further discussion? Senator Geo-Karis.
Will the sponsor yield for questton?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yield, Senator. SENATOR GEO-KARIS; believe there was a referendum on this subject in Cook County, and if -- there wasr ean you tell me about what 48 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT k3th Legislative Day February 8, 1995 percentage of khe vote this passed?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
ïes. Thank you, Senator Geo-Karis. Over eighty-three percent the people who voted last November's election gave an absolute clear mandate to those of us in the General Assembly that they wanty they need, they deserve, and they desperately need tax caps for their property owners.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of this Senate, we have tax caps (n Lake County r Illinois. They have been Working and they've been working quite well. And the people have spoken that referendum with such an over-amount of voting that I don 't know why welre wasting any time. I think we shculd support this bill and get it out, and I speak in favor of it.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicakes he will yleld, Senator Palmer.
Senatcr Dudycz, I had one of the amendments that was presenked before the Revenue Committee and I was encouraged to introduce it as a bill. And as you are also someone Who represents a part of Chicago as I am, I just Want to get assurances on the Floor that I can get your support when this bill comes before the Revenue Committee. This to -- the one allowlng the Chlcago Board Education to recapture its fifty cents per one-hundred-dollar taX 49 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 rate authority that had been transferred to the School Flnance Authority 1982, and should be, by the year 2009, returned to the Board of Educaticn, and that the tax cap will not affect the Board's ability to recapture.
FRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Senator Palmer, at -- you know, I am not prepared to -- to comment on what -- what legislation I will or will nct support other than the the ccntents of Senate Bill, right now , whlch we are debating. We -- We dtd defeat these five amendments that were offered committee, and if you wish or any other Member wishes to offer them as separate bills, I'm sure thatr like I said, there Will -- I'n sure they Will be going to the Revenue Committeer they fll have a hearing, and then after they leave the Revenue Commlttee when it comes to the Senate Floor, will be prepared at that time to debate, or to discuss, or to support, or ko oppose each and every one of them.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Palmer.
Thank you again, Mr. President. To the bill: just want to put a little flesh and blood on some of the remarks that Senator Berman mentioned with respect to his amendments. Here are some of the consequences lf this bill is not amended : First of all, like it or not, school districts are largely dependent on prcperty taxes fcr funding revenues, and this bill, as seductive as may be, does not provide any reliable replacement or alternatlve revenue sources. Secondly, one of the points that was made very strongly at the hearings - and Senator Dudycz was kind enough to stay there for a11 of them , so he heard this as well - *he cosE of educating children with special needs is rising at three times the 50 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 13th Legislative Day February 8, 1995 rate costs to educate children without special needs. And thirdlyf particularly in Cook County, when we talk about schocl enrollment increasfng and this was one of the amendments that Senator Berman tried to introduce - kn the collar counties, the experience is that when new children come into a distrtct it means new housingy therefore the tax base grows; in the south suburban area, when new chlldren come in, they are moving into houslng that is already there, so you have enrollment figures growing at the rate of some twenty thousand without any new tax rate. I suggest to you, Members of this Body, that this bcomerang politics; that while crowds may stand up and cheer because the boomerang takes off ln a straight and swift moving direction, that it is inevitable at some point that it w111 take a one-hundred-and-eighty-degree turn, and with equal force, return and grab us by the neck and force us into doing things that We would rather not do. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Demuzio.
Thank you, Mr. President. Let me ask sponsor a quick question, may. Senator Dudycz, can you tell me why any downstater would want to vote to tax -- to cap taxes in Chicagc?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Yes/i It's good governmenk, Senator. I*'s response to the the eighty-khree percent of those of us people in Cook County who are -- who are asking the General Assembly to respond to their needs and to answer appropriately.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio.
51 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislatkve Day February 8, 1995 Well, thank you, Mr. President. You know: I've been around I here long enough to be acquainted With the war cf geographics between Chicago, suburban and downstate for a number of years. I Andwehavealwaysclashedonthebasksofschoolaid . Now, you 1 don't have a bill in -- a provision in your bill that tax caps -- tax -- taxes for downstate. I will bet you that in the second semester after we come back after cur February break, there will be a bill similar to Senator Karpiel's bill that says that the suburbs and those areas that have been capped can use that growth revenue to access State atd, and that's going to come right out of the hide of downstate schools. And I dare anyone to indtcate to me that that's not the case. Even if we, in downstatey capped our own taxesr We would still not have enough cap to access the growth that you are going to be able to access in this bill. I rise in oppositlon to this bill, because I -- believe that When it's over - - over and said and doner Chicago and suburbanites will team up to stick it to the downstaters and they dll do it in March of this year.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discusslon? Senator Collins.
Yes. Question cf the sponsor, please.
PRESIDING OFFICER: (SENATOR MAITLAND) Indtcates he will yield : Senator Colltns.
Senator Dudycz, I -- I know tha: -- that you recognize - because I've had conversaticn with you - that there are some aspects of Ehls bill, whlch Eenator Berman has articulated those four areas, that cause some problems for your school districts as i suburban districts, as lt does my suburban districts and probably I some cf the rest of the Senatars in here also, and that you are ! concerned about that. But I -- but you 've mentioned trailer bill I 52 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 and this bill is on the fast track along with the welfare reform and other things. But the question in fact, this bill has an kmmediate effective date and the Governor signs it, if the trailer bill let's assune that we -- we address those four areas - and how, then, if the Governor signs this bill, if kt's so important it's gct ko ge* to his desk, becomes effective upon becoming lawy then why then should we bother with the trailer bill will have no impact on that? Will the trailer bill some kind of Way repeal some Sections in here automatically and it becomes effective immediately upon his signing law? Or how w111 thts work?
PRESIDING OFFICER: (SENATOR MAICLAND) Senator Dudycz.
Thank you -- thank you, Mr. President. Senator, depends What -- What you mean by trailer bills. I meanr every Member in this Body will be able to offer their anendments -- or their bills uhich will be dealing with the portlon of tax caps which are either negatively affecttng thelr local school district, or things that they wish to uslng Senator Berman's words - to -- to massage the effects of *ax caps. And willing to look at -- at al1 of them and wllling to work with you, Senatar, as lcng as they do not dilute or reduce the effects of what tax caps were meant to do and what your -- your canstituents and mine, by a -- a vote of ei:hty-three percent to -- whatever else Was left, gave us that nandaEe to impose Ehe five pereent or the CPI.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Collins.
Senatorr it is not a matter here of opposing the tax cap or going against the wishes of your -- our constituency. But our constituents most -- constituencies most certainly do not wish us 53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 i to pass legislation that is going to cause a 1ot of problemsr a 1ot cf harm, and most certainly, harm to children in this State, i ' i and -- and that's what this bill does. And so I'm trying to get it into my mind why -- why are the bills on this sc-calked fast track so sacred that they cannot be amended? But yet you say that you are in favor of some of the amendments that we 've discussed bere. Well, at leask you recognize khat those amendments -- I meanr that -- that this bill has a negative impact on your school district. Sc my -- my concern is, with al1 the fast-track...
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins, your tkme has expired. Would you please finish, quickly.
o.. with a1l the fast-track legislationr you know, are we here to -- to do a service to the people of this State and the best job that we can? Or are We doing this thing on the fast track to just to say we did what we said we were going to do, in the number of days and time that we saëd we're going to do it? I think that's irresponsible and We should vote this bill dcwn.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudyczr a quick answer, please.
Just -- just to respond briefly. Senator Collinsr I do not believe that I stated . thaE I was in favor of any of those initiatives that were offered as amendments. What I -- and if I did, I'm sorry. It -- either I misstated or you misunderskood what I said. What I said, Senator, or what I meant to say: Was that at this polnt I am not Willing to entertain amendments such as those that were offered in committee, because I believe they will eiEher slow down the -- the -- the -- the effective date of...
PRESIDING OFFICER: (SENATOR MAITLAND) 54 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 1995 Further discussion?
.. . s1ow down the effective date of the -- cf the tax caps or dilute their effeckiveness. And and also, you know, the Department of Revenue representative behind me says that *ax caps will not -- they will not affect the school a)d fornula.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Hall.
Thank you, Mr. President. happy that my light is Working. want to ask this. I'm readtng this -- will the sponsor yield?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Wilk yield , Senator Hakl.
A1l right. Senator Dudycz, says here, ''Amends the Property Tax Code naking the Property Tax Extension Limitation Laws <sic> (Law) applicable to non-home rule taxing districts in certain counties.'' What -- what does that mean -- affect in downstate?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Counties over three millicn, Senator. This affects only Cook County, no other county in the State of Illinois. PRESIDING OFFICERI (SENATOR MAITLAND) Senator Hall.
Le* hkm repeat EhaE. I didn 't understand what he said .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Counties over three million population. In other words, only affects the people of Cook County. One county in the State 55 STATE OF ILLINOIS 89TH REGE UN LE ARAL SEA SSS IO EM NBLY 1 I SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 of Illinois and nobody else.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hall.
Well, you can understand the way I'm reading thisr it says that this is making the Property Tax Extension Limitation applicable to non-home rule taxinç districts in certain counties. So it's only that -- those with three millicn. Is -- is that in the body of the bill?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
That's correct, Senator. didn't write the the text of what Was on the Calendar: so I'm not responsible for what they 're saying. But this only affects Cook County.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Jones.
Yes: thank you, Mr. President. Would the sponsor yield?
FRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Jones.
Senator Dudycz, part of my district represent the far south suburbs. I represent a suburb area, and many cf those school districts are very poor districts. Now -- but they 're going to be reassessed, you know, they -- on the Ehird triad. Buk, however, if -- if this tax cap takes place now, then they would be placed at a disadvantage. So how are we going to deal with khat issue?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Senator, what -- part of the contents of the bill limits the 56 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 1995 extension. This is where we vary from the collar counties. It limkts the 1995 extension, which ks the '94 levy, which (s due ! this year, rather than a CPI which -- which is 2.7 percent. It 1 I limits it to -- to five percent so that your area and others in the south -- triad would be able to capture more than they would i other -- other than if it was pure CPI.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones.
Well: that's not accurately, because they have not been reassessed as such. But if you -- if you have the cap therer then they will be limited as such. The City of Chicago and the northern suburbs were able to take -- under ycur proposed billy was able to take advantage of the growth: and that five percent is on top of that. So the school districts in the far south suburbs and part of the suburbs that I represent will be hurt by this plece of legislation. And I recognize -- and the comments were made by a question from Senator Geo-Karis to you, as relate to how many people voted on thls issue. Well, I recognize that eighty-three percent of *he people voted, but they didn't vote for us to make irresponsible decisions. They didn't vote for us to make -- make decisions that's going to be harmful. They -- they voted for us to deal with the *ax cap: but deal with it in a responsible manner. Now, I understand you stated that -- it's on the fast track to get to the Governor's desk, but the proposed agenda that was put ouk by *he Senate President said he wanted Eo adjourn on May 26th. So I don't know why you have to get this piece of legislation, which is flawed by your oWn admissionr but - - but -- but you want to get it on a fast track wrong or right. I can't see the Governor being that irresponsible himself. 1 can't see any legislators in the south suburbs or the western suburbs voting for this, because they will be penalizing their cwn 57 i STAT: or ILLINOIS E 89TH GENERAL ASSEMBLy REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 school districts, and when they penalize their own school districts, then when they in turn be reassessed e theyfll be cheating the children. Sc again, I don't know why ycu left out the City of Chicago. I don't know why you left out the County Lf Cook if you really, genuinely wanted tax caps. I would have supported it if it was correct; but ehis is a flawed plece of legislation. But for some obvious reason - fast track - I don'k know what that means, but you should derail it. You should derail it and send a correct piece of leqislation to the Governor, because what you're going to be sending him is not in the best interest of the pecple of ny district and a lot of other districts on the far south end of the City cf Chicago. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Syverson. SENATOR SYVERSON : Thank you, Mr. Presldent. While I support the ccncept of -- of caps and thls certainly empowers the taxpayers much mare, just for the record, I'm -- I'm not happy that those downstate communlkies, which are suffering from property tax growth that far exceed Cook County, were left out of this leglslation. And I just wanted to make sure that Was on the record. And I'm -- I'm sure, Senator Demuzio, there will be some downstate cap legislation comin: and I look forward to your support of that bill. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Carroll. SENATOR CARROLL: Thank your Mr. President. If I may, a few questions of the sponsor, and I assume he's indicated he w11l yield. I want to first touch on the issue of -- of the bonds cap. It is my understanding that any new issue after the effective date is precluded without a referendum. Is that correct? PRESIDING OFFICER: (SENATOR MAITLAND) 58 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Senator Dudycz.
That's correct. PRESIDING OFFICER: (SENATOR MAITLAND) 1 Senator Carroll. SENATOR CARROLL: ; Thank you. Let me give you two instances and see if I am correct. Oney a school district today has a life safety bond outstanding. It went and borrowed a couple million dollars - is paylng a couple hundred thousand a year - pays off that issue in the next couple years in the next couple months, but had intended next year to issue additional life safety bonds to clean up the ! rest of their buildings in that schcol district, using the same income stream they 've been uslng all along. If what you've said is correct, they could not issue the new life safety bonds; they would have to go back to referendum in order ko do life safety in the rest of the schools, and that money thak they had been uslng for the last few years would no longer be usable for that purpose, and they'd -- they'd either use ik for something else, or whatever. They 'd have to, in fact, increase taxes to pay for life safety bonds in the future.
PRESIDING OFFICER: (SENATOR MAITLAND) Senakor Dudycz. S. ENATOR DUDYCZ: Senator Carrollr when those bonds Were satisfied, the end resul: would be Eha: *he property taxes for khose homeowners would go downr and if they wished to issue additional bonds: they would have to go to referendum to the -- to the voters. I
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Carroll.
Thank you. Another example: Ifr for example, interest rates 59 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 ! were to drop again ever, and they wanted to refinance an existing i issue, or group of issues, in order to save taxpayers' money, it's my understanding under thls Act khey could not do lt because the new bond issue would have Eo first have a referendum r and they'd have to go through the expense and time of a referendum process in order Eo refinance an existing issue at a lower rate because - refinance is a word we use - technically lt's a new bond issue. Is that correct?
PRESIDING OFFICER: (SENATOR KAITLAND) Senator Dudycz.
That is -- that is not correcty Senator. The experts behind me or beside me tell me that they could reissue the bonds -- they could refinance those bonds, I meany at a lawer rate.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Carroll.
And -- and I'd like -- I hope you 're right. I'd like them to glve us, through you, a specific reference, because the way we have read it - and I'm very concerned about this because we do want to save money when we can - that a -- though we call it a reflnance, Eechnically these are new bond issues, and therefore would be subject to the limltation of having to go to referendum. We did not find any way that you could do a refinancing and -- and not have to go to a referendum.
PRESIDING OFFICER: (SENATOR MAITLAND) Further dïscussion? Senator, your time has expired. Was that i a question? Senator Dudycz.
Senator, on page 4 of the bill, line 28, Section (c)r it statesr ''made for any taxing district to pay interest or principal on bonds kssued to refund or contknue to refund those bonds issued I 60 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 before the effective date of this amendatory Act of 1995'% Staff tells me that they could refinance the -- the debt and this hope that answers your question. PRESIDING OFFICER; (SENATOR MAITLAND) Al1 right. Further Senator Carroll, your time was expired. Senator Carroll.
Thank you, Mr. President. f apologize. I don't think I should be penalized for the time that staff took *o advise Senator Dudycz on the clock. Lek me just make a last comment then and not make lt a question. Senator Dudycz, on Monday, three of the four Senators who represent park of Skokie - Senators Berman, Parker and myself - were there; I recognize something must have kept you from a Skokie Chamber of Commerce breakfast, Wherein the issue was raised Eherer by the Chamber people, that Skokte, ln fact, ls -- is exhibiting increased enrollment without new constructlon they don't have any open land to construct really. But what has happened is empty nesters are moving out, people are moving in with children, and Ehat the legislatton as it exists curtails their ability to spend money on educating their kids because of cap. Unkike the suburban or the Dupage and coklar county areas that have increased ccnstruction, there's -- this bill says that you cannot count that kncreased enrollment. And are you willing to do anything to effectuate that situation? Nowy we coulddve done it by amendment Eo this bill. It wouldn't have slowed it down a: all.
PRESIDING OPFICER: (SENATOR MAITLAND) Senator Carroll, he can respond later on that question. Senator Shaw .
Thank you, Mr. President. Will the spcnsor yield?
PRESIDING OFFICER: (SENATOR MAITLAND) 61 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Indicates he will yield, Senator Shaw.
Could -- could the sponscr tell me, in the south suburb, how thls will affect the schocl districts in the Thornton Township and Bremen and al1 of those townships out there in the south suburbs, view that they Was assessed
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Well, Senator Shaw, new construction is not affected by the caps, first number one. Number two, this is not taking anything away from them . What this is dcing is allowing them to to maintain the same tax base that they had the previous year and adds to lt five percent or the Consumer Price Indexr whichever one is less. So they're not loslng anythlng ; they are adding -- they're just -- What What we are doing here, Senator, is slowing the rate of growth. We ire not taking anything away from those schools.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw.
The well, will the City of Chicago reap and -- and Cook County reap a windfall profit because of the fact that they because they are not included in this bill and their assessment was part of this? PRESIDING OFFICER) (SENATOR MAITLAND) Senator Dudycz.
This bill does not affect the City of Chicago the -- the -- the government of the City of Chicago nor the government of Cook Ccunty because they are home rule units of government. But as far as who 's -- who is getting a windfall on this, Senator, to to 62 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 answer your question, I'd like to refer to the tax cap that is in effect for the collar eounties. And the Department of Revenue has glven khelr estimation at -- because money saved 1991 also saved in 1992 and '93, that the cumulative effect of these reductions is nearly three hundred million dollars to the taxpayers, the homeowners, the prcperty owners of the collar counties. Sor as far as who going to reap a benefit from tax caps, it will be your property cwners and mine.
PRESIDING OFPICER: (SENATOR MAITLAND) Senator Shaw.
Would -- would you agree that Chicago is -- and Cook County is already -- was already reassessed, and khey themselves, under this bill, will reap benefits from this bill? I know that they are not in the bill. They lre excluded from the bill. Would you agree that they would reap benefit?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
City gcvernment in Chicago is not this bill, but other units local government which are home rule units Chicago, as well as Cook County. That means every government excluding *he sixty bome rule units that are in Cook County will be affected by this.
PRESIDING OFPICER: (SENATOR MAITLAND) Senator Shaw. Ftnal question.
To the -- to the bill: Certainly in the -- those Senators Who represent the south suburb, ycur school districts will lose money under thls bill. They w1ll lose mcney. And time and time a:ain, we have floated referendums those school districts and khey have never been successful out there. Certainly, I recognize that 63 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 1995 the people want tax caps. for tax caps. But I think ln this bill you 're leaving a large portion out when you talk about Cook County and Chicago. Cook County that affects a1l of the taxpayers of of the county, and you're excluding one group on one hand and including another group on the other hand, which county. You didn't put a tax cap on Cook County. I think that's wrong. I think it's unfair. I think if you 're going to do thisr you should do it across the board where that the people of Cook Ccunty and a1l of the people of Cook County would have would be treated fairly. And under this bill, youdre not doing that, and you are further bankrupting the school districts of south Cook County, and other places -- western suburbs, also. So there is nothing in this bill to send the shortfall to those school districts that they're going to lcse. We didn't even get into the parks and the library boards, because they might no* be impacted as great as the school district. But certainly if you Was going to do thisr you should take this bill out of the reccrd and put an amendment in there where the State can send some money there to ...
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Shaw, bring your remarks to a close, please.
... to -- to make up the difference that's going to be lost as a result of this bill: and I think it's a disservice to people of this State and particularly my area when you do this.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Hendon.
Thank you, Mr. President. Will the sponsor yield for question?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Hendon. 64 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislakive Day February 8, 1995
I really -- want to ask you, Walter, because you keep saying your constituents and I know a 1ot of your constltuents are ln Chicago, al1 of them are in Cook County, but dcn't -- doesn 't this bill, effect, exempt Chicago completely?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
No, Senator: does not affec: the taxpayers of the City of Chicago completely. Whak does excludes those units those home rule units of government that are in Cook County. And if iE I if I thought as a matter of fact, knowr Senator, I would be happy to join you and Senator Shaw -- I'd like -- glad to hear that Senator Shaw Went on record as being in suppcrt of lncluding home rule units of government in the tax caps. Sor Senator, am prepared to not only suppork your efforts for lncluding al1 home rule units in Cock County for ycur taxpayers and mine, but I an wllling to cosponsor a bill with anybody in thls Chamber to include home rule uniks.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.
Okay, so my question is and I want to be clear on the answer, because I'm gokng to vote for this because on on record as supporting tax caps. But ate the people of the City of Chicago -- since the City of Chicago ks home rule, correcq? Cook County is home rule. Are the people of the City of Chicago goiag to get a tax cap or not? Or are you saying that it's up to the City of Chicago? You know if it's up to the City of Chicaqor they 're not golng to give them the tax cap. So ar9 we giving people of the City of Chicago a break or aren't we?
PRESIDING OFFICER: (SENATOR MAITLAND) 65 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8: 1995 Senator Dudycz.
Senator Hendon, the -- the government of the City of Chicago, the corporatlon the City of Chicago is excluded because they are home rule. But other units of gcvernment such as the school district, the park district, sanitary district, the junior colleges, and all other non-home rule units of government in Cook County , as well as Chicagor they will be ccvered under this caps -- under this caps bikl, and as a result, all taxpayers -- all property owners Cook County be realiztn: a benefit from this.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon.
conclusion, to the bill: just want -- don't -- do not Want the people of the City of Chicago to be sold a bill of goods, thinking that they're going to get tax caps on thelr property taxes whenr in fact, that is not the case. Thls bill does nct go far enough. There ts no way ln the world that you can sell this to the people cf Chicago , and you're ncE tetltns the truth. You're telling a half truth. This is not going tc tax <sic> property taxes in the City of Chicago or the County of Cook. The City of Chicago will continue to ralse taxes under Maycr Daley. They will continue -- *he County of Cook will continue to raise taxes. we were really going to do this, we should not allaw home rule bodies Eo be exemp*, and I am going to hold you to your wordr Walter, because I certainly feel like the people of -- of -- of this City, especially people like me Who have trouble paying their property taxes, have a rlght to have property tax caps just like everybady glse. gotng Eo voEe for Ehks weak version of what we should have put forward. But We should put forth a real bill, and at least let's tell the people the tru*h, 66 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Leglslative Day February 8, 1995 that while you're putting it inz they left enough people out so that the Mayor can sEill have his cake and eat tco . Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Molaro.
Thank you. Thank ycu, Mr. President. Will the Gentleman from Chicagc yield for a question?
PRESIDING OFFICER: (SENATOR MAITLAND) He indicates he wkll yield, Senator Molarc.
Senator Dudycz, a technical question. As you are Well aware, the City of Chicago there are four major pension funds that a tax levy is levied and it becomes part of the City of Chicago's budget; howeverr it's a separate tax levy. Cook County 's the same way. Tf -- in this unfunded liability mcnster that's out there, are those exempt under this bill?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz.
Senator, if they're part of the City, they are exempt. That's correct.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro.
The problem is that they're no* part of the City of Chicago. Those four major penslon funds are crea*ed by khls Body. They are Eheir own body politic, so to speakr and they not they are not a part of the City of Chicago. As a matter of fact, when their tax levy is brought up, they are -- the tax levy's just brought to the city council. It's just brought Eo the county board to levy The county board doesn't vote on So it's -- it's technically its awn taxing body. However, the tax levy that Ehey 67 STATE OF ILLINOIS 1 89TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 bring to it becomes part of the City of Chicago's budget. So I just want to -- I don't want to pass something here and find out that we come with a tax levy that we can't tax levy for pension. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz. SENATOR DUDYCZ: Senator, if they're part of the the City budget, then they are exempt, because the City is the home rule unit of government. So -- so anything that is part of the City budget is exempt by the legislation. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro. SENATOR MOLARO: For the third and last time. If, howeverr as the lawyers go over it, we find out that it's not part of the City because, again for the third time, these -- these -- these taxing bodies We're talking about - the pensions funds - are not part of the City of Chicago -- if, as we look at khis later: wll1 they alsc be exempted if we do have a problem? If they 're part of the City, I heard you. But just in case they're not, will we take care of this problem later? PRESIDING OFFICER: (SENATOR KAITLAND) Was that a questionf Senator? SENATOR MOLARO: . I assume it is a question. PREEIDING OFFICER: (SENATOR MAITLAND) Senator Dudycz. SENATOR DUDYCZ: For example, in Dupage Countyr if a pension fund is part of the home rule unit's budget, they are exempt. And that's how -- that's how it will be treated in Cook County -- in Chicago and Cook County. I 68 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 k PRESIDING OFFICER: (SENATOR MAITLAND) i : Further discussion? Senatar Dehngelis. 1 SENATOR DeANGELIS: Thank you, Mr. President. I wculd urge the Members on the other side to pay heed to what one of your very distinguished leaders said, and that was Senator Demuzio who said, if ycu 're from -- if you're from Cook County or if you're from the collars, you ought to be voting for this bill; but if you 're from downstate: you ought not to be. Sor Senator Demuzio, thank you very much for that support on this bill and the consideration you're giving us. This bill -- the caps I've always described as an irrational response to an intolerable situatien. If you would look at the property tax situation in the State of Illinoisr you would flnd that it took a hundred and sixty-flve years to get the property taxes to over six million dollars, and it only took ten years later to double that amount. The reason we have this bill today is because we have reached an intolerable level in terms of the property tax system in those areas that are covered under this bill. Now, I have to tell you that the property tax as tt fakks across Cock County, yes, Senator Jones, the triennial assessment does bring some problems. But if you would refer to your very capable starf, they would advise you that dissecting the county into different systems of taxation is blatantly unconstitutional. So again, we tre faced with a situation and a solution that is not the best. 3ut as Dr. Hutchins said at the University of Chlcagor lt may not be the best school -- it's not a very good school, bu* it's *he best one there is. Thls bill is a response. And I got to tell you, if you're just doing a little b1t of math - six billion dcllars in 1984, almost twelve billicn in 1994 in property taxes, and which the very same time the cost of living only grew thirty-nine percent - you know that any tax system wherever i: might bey Whatever it is, if the taxes rise more rapidly than 69 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8: 1995 personal income, you eventually hit the wall. This is a response keep us from hitting the wall. I commend Senator Dudycz fot having the courage. I know that we have all received phone calls regarding the fact -- the opposition of this. But I got to tell you: it's the only solutkon L see rkght now, and if anybodyls got a better one, throw ik the Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussicn? Senator Philip. Senator Philip.
Thank you, Mr. Presidenty Ladies and Gentlemen of the Senate. Simply stated, tax caps Work. We've had them in the collar county - - the county I come frcm, Dupage, for the last year and a half to twc years. I think I've recelved two *ax bllls with the cap on. And -- and 1et me tell you what We have done: We have - the General Assembly - forced local governments into doing a better job with our money. NoW an average tax bill in Dupage County before caps normally went up as low as eight to ten percent, as hlgh as twenty to thirty percent. My first tax blll went up -- the average tax bill in my county went upr under the first cap, of 4.9 percent. The second I have received has qone up percent. So tax caps dc work. It was kind of interesting, before the election attended a rally at a high school. The Governor was there campaigning. We had a senior citizen program called Yes. I was up on the stage and I sat next to the superintendent of schools/ who, of course, had called me and had written letters to me asking me not to support tax caps. He kind of punched me -- nudged me a little bit and he says, ''You know, Patey I want you tc know was wrong, you were right; tax caps Work. And 1'11 tell you how they work: You have forced this school district to look at its revenues much closer - much closer than we ever did.'' And he said, ''Very honestlyy we have not had the unions beating us up out herez because they know we don't have the additional revenue. 70 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Leglslative Day February 8, 1995 Secondly, it has made us cooperate with other taxing bodies in the distrlct - the park district, the library distrlct.'' And he said, HVery honestly, you were right, I was wrong; tax caps do work. And I wank to Eell you one thing, you ought to have them in Cook County, because you will love them .''
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discussion? Senator Dudyczr to close.
Thank you, Mr. President. In closing I'd like to briefly agree with one Member on the other side of the aisle: and briefly disagree with ancther. One thing that Senator Shaw said is that people will lose money. Well, nobody is going to lose money under this bill. No one is going to lose any money. What we -- what we are dolng is we are allowing the taxpayers to keep more of their money in their pockets. What we are doingr we are slowing the growkh of governmen*. Wedre -- we 're -- we 're restricting their ability to take more. We're not taking anything away from then . We're just slowlng down their abllity to go into our taxpayers' pockets and take more. And, Senator Hendon, I agree with ycu. I agree wholeheartedly with ycu on one pcint. This is a weak version. This is a weak version, and that's why I urge you to join with -- with Senator Shaw and myself, and cosponsor his bill, which will be including al1 home rule units of government. I eagerly await that, and I -- please put me down as a sponsor. Eighky-three percent of your taxpayers and my Eaxpayers in Cook County gave us a clear mandate. Not fifty-one percent. Eighty-three percent of the people in Cook County said, ''We want tax caps.'' I don't know if there 's any one of us here that got eighty-three percent of the vote for any of our elections, unless We were unopposed. And that may change, Senators - that may change, Senators. People are going to be waEching very carefully. 71 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8: 1995 Those eighty-three percent of our taxpayers are going to be watching very carefully what they see up there. Because I guaranEee you the people of Cook County will know how their State Senators voted on tax caps. Respond affirmatively. Give relief to yaur taxpayers. Let them spend their own money. Vote Yes for tax eaps. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) The question shall Senate Bill 1 pass. Those in favor will vote Aye. Opposedr Nay. The voting is open. Have a1l voted who wish? Have a1l voted who Wish? Have a11 voted who wish? Take the record, Mr. Secretary. On that question, there are 46 Ayes, Nayse no Members vcting Present. Senate having received the required constitutional majorityy ls declared passed. Bottom of page 2, Senate Bill 4. Senator Hawkinson. Read the bill, Mr. Seerekary.
Senate Bill 4. (Secretary reads tltle of bill) 3rd Readlng of the bill.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hawkinson.
Thank you, Mr. President. Senate Bill 4, as amended: does the following things: It would extend the unlimited Statute of Limitations for the prosecutlon of concealment of a homicidal death and aggravated arson; rould extend the Statute of Limitations on attempted murder from three to seven years; would add ko the offense of compelling membershlp in an organization or gang. Currently we prohiblt the use of force, cr the threat of force, ko compel someone to join a gang. We also have youn: people Who are caught up in çangs who, when they try to leave gangse are compelled to stay them , and this would make 72 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 the use of forcey or the threa: of the use of force, tc compel someone to stay in a gang, also an cffense. 1* exempts from the disciplinary provisions of the Medical Practice a physician who particlpates in an execution as required by Illinois law. It adds gunrunnlng, which was the offense that we created in the comprehensive crime bill that we passed during the Veto Session. It adds that offense to the jurisdietion of the Statewide Grand Jury. requires notification of a victim a monetary settlement of a civil rights aetion against the Department of Corrections by an lnmate. It revises the mandatory restrainins order against a juvenile alleged delinquent. It requires that out-of-state sex offenders and sexually dangerous persons who take up residence Illinois, under an interstate compact agreementr to comply wlth our Sex Offender Registration Act and DNA Testing Act. Those sex offenders who are convicted in Illlnois have to comply with the Act, and the cikizens of Illinois oughe to deserve the same kind of proeection from the registration requirements for sex offenders who are convicted out-of-state who move into the State of Illinois. It expands the Child Sex Offender RegisEration Act to cover al1 persons convlcted of child pornography, indecent solicitation of a child, sexual exploitation of child, soliciting for a juvenile prostitute, patronizlng a juvenlle prostitute, juvenile pimping, exploitation cf a child, sexual assault, sexual abuse, ritualized abuse of .a child, or scmeone adjudicated as a sexually dangerous person over the last ten years. closes a loophole in the indecent sollciEation of a child offense to cover arranging a sex act with a child through a third party. This was the bill of Senator Klemm 's frcm last year that passed the Senate, but was not called in the House. There are various other clean-upy technical provisions, some havlng to do with the eomprehensive crime package that the Senate passed and the Mayor's package that Was passed in the fall. be happy to 73 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 ansuer any questions. Otherwise, I would urge your affirnative support for Senate Bill 4, as amended. PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator Severns. SENATOR SEVERNS: Thank you, Mr. President. I know that this is probably just the first of many crime bills that we Will see. I'm delighted that Ehe Chalrman has said that he is going to take and look seriously at truth in sentenclng. If we are going to be serious about addressing crime in our society, we must get serious about puttinq the most violent criminals in our soclety behind bars. Last year, not only did the Governor and the Department of Corrections reject that idea, but this year we've heard nothing but detractions, most recently from the Director -- newly appointed and soon-to-be-confirmed Director of Corrections. I ' hope that this year We will implement and enact truth in sentencing. If we do, it will not only contribute to keeping the most violent of our socieEy behlnd bars, but it Will quite possibly enable us to capture some sorely needed money from the federal crime bill that passed last spring. I'm glad khe Chairman has agreed to pursue this. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Further discusslon? Senator Hawkinson, to elose. . SENATOR HAWKINSON: Thank you, Mr. President. Our caucusz in cooperation With the House, Attorney General Jim Ryan, State's Attorney Jack O 'Malley, the Governor and others, is indeed pursuing the concept of truth in sentencing as proposed last year, and this is but the first of ' a series of crime bills thaE we will see this spring. And I urge your adoption and your vote for Senate Bill 4, as amended. PRESIDING OFFICER: (SENATOR MAITLAND) 1 74 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 The question is, shall Senate Bill 4 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have voted who wish? Have vated who wish? Take the record, Mr. Secretary. On that question, there are 54 Ayesr no Nays, no Members voting Present. Senate Bill 4, having received the required constitutional majority, is deelared passed. Ladies and Gentlemen, this is -- has effectively ended our -- our business today, exeept for one additional item. The Chair wishes to go to the Order of 2nd Reading top of page 3 -- Senate Bills 3rd Reading, top of page 3, for the purpose of -- of a recall. The record wtll so reflectr sir. Senator Molaro, record will so reflect. A11 right. Top of page Senate Bill 19. Senator O lMalley. Read the bill, Mr. Secretary. Senator O'Malley, dc you wish thls bill recalled for the purpose of an amendment?
Yes, str.
PRESIDING OFFICER: (SENATOR MAITLAND) Okay. Senator O 'Malley seeks leave of the Body to return Senate Bill 19 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 l9. Andy Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No . 3, offered by Senators O 'Malley and Crcnin.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley.
Thank youy Mr. Presldent. Ploor AmendmenE No. to Senate Bl11 19 basically provides that charter schools shall be encouraged to solieit and utilize community volunteer speakers and other instructional resources when those schools provide instruction on the Holocaust and other historical events. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 move that we adopt this amendment.
PRESIDING OFFICER: (SENATOR MAITLAND) there any discussion? Any discussion? Senator -- Senator Jones.
Yeah. Thank -- thank you, Mr. President. Would the spcnsor yield?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Jones.
know, but still want to know what the amendment does. Could you tell us -- you explained the amendment. I know that you mentioned the Holocaust, but know this Body also passed legislation to have the -- Senator Shaw was the sponsor of that legislation to have the ccntributions of women and African-Americans -- a unit be -- that be taught in the schocl systems throughout the State of Illinois. So, you mentioned the Holocaust. I Want to know about that.
FRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley.
Yes. Senator Jones, specifically this amendment deals with the Holocaust and other historical events. To extent Eha: what you -- the -- the example you just gave ls a historical event, obviously this amendment would be applicable to tt.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones.
Does the amendment speclfically address the Holocaust?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley.
STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Yes, it does. And, ln fact, ik's speclfically ldentlfied. PRESIDING OFFICER: (SENATOR MAITLAND) ' i I Senator Jones. ; * SENATOR JONES 1 : 1 Well, since it specifically addressed the Holocaust, and I believe that should be taught, then it's left -- if it does not i include the others, then that's left to the discretion. So, i therefore, it does not automatically include, because we passed that legislation after we passed the legislaticn as it relate to I the contributions Women and African-Americans made tc this saciety. Now, since you specifically menticned the Holocaust, I 1 think we agreed on amendment to put that in; it should be taught. But it does not mention the others which means it leaves it at the discretion. So it's not automatically included. Am I reading this correctly?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Ma11ey.
Senator, I think we're in agreement, but let me specifically read the amendment in -- in verbatim. ''Charter schools shall be encouraged to solicit and utilize community volunteer speakers and other instructional resources when providing instruction on the Holocaust and other historical events.' l ' So we specifically mention the word Holocaust. .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones.
Then you, in your answer, agree ta what I have said. And Ehere's a problem with that. I wish it would be -- would have lncluded all, rather than just mention one. There's a problem with that. That's What I was talking about, 'cause you specifically mention one and youbre saying others, and so 77 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 thereforey we don't know what the others are. PRESIDING OFFICER: (SENATOR MAITLAND) I i Further discussion? Senator Palmer. i i
Thank you, Mr. President. Quesbion of the speaker. 1 I
PRESIDING OFFICER: (SENATOR MAITLAND) He indicates he wll1 yleld, Senator Palmer.
Senator O 'Malley, I'm very concerned about this language, as well. One Ehing we learn down here is hoW specific language is, and in your reading you said the word ''encouraged''. That does not mean shall, nay or anything else; it means encouraged. And then by saying, and a11 others, I would llke to know what the discusslon was at the committee meetlng Where this was introduced, because I'n sure that there must have been proponents and opponents, and I'm sure there must have been somg discussion there that will glve some indication to us of the intent. And I'm particularly concerned about the two areas that we have fought for so hard down here in terms of curriculum, in terms of lnvolvement in the school. And as this is February and has historically been Black History Monthr for us not to acknowledge that in specific words in this amendment, is to leave out the contributions of a slgnificant portion of the people of this country. So I am very concerned that you are saying -- suggesting that this is under an . ''other'l category.
PRESIDING OFFICER: (SENATOR MAITLAND) Is -- is there -- is there further -- Senator -- Senator O 'Ma11ey.
Senator Palmer, thank you for your inquiry and -- and also for your concern. First of all, 1et me sayz this is the charter school legislation. And the intent of charter schools is to be as 78 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 - - as flexible as possible. This particular language came foruard I as a result of the interest of the Jewish Federation. And so, ! I because they were probably the proponents for this partlcular issue, Ehat is why the Holocaust is speciflcally mentioned. I'd also tell you this too - you wanted to know the pros and cons for this: There were only proponents for this amendment, including the Illinois Federation of Teachers.
PRESIDING OFFICER: (SENATOR MAITLAND) Further dlscusslon? Senator Shaw. Senator Palmer, I thought you had concluded.
No, Mr. Presldent. Another question of the sponsor. So, since this is on 2nd Reading, and if I am understandlng you correctly, you are saying that -- and I certainly understand why that the Jewish Federation sought your assistance in making it specific. Are you willing to leave -- is that -- is that requlredy that each group come and make specific its partlcipation in this? Would the organizatlons that I am in contact With, the historical societies of African-Americansr is that what We have to do to be part of this, and are you willing to hold it on 2nd Reading while thls takes place?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley.
Agaln, thank you, Mr. President. And -- and to Senator Palmer: This -- this was an accommoda*ion Eo a specific group, and by adding khe lanquase ''and other historical events'' it Was our intention to be as expansive about it as we possibly could be. But again, I go back to this: This is the charter schocl bill. Those people who will be proponents and advocates for a particular charter, provided it is approved by the local school board and then endorsed by *he State Board of Education, will have to craft 79 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 what the curricula wl11 be and -- and -- and other rescurces related to that particular charter school. think it's probably lnappropriate to go much beyond what we 've already done. Again, think the Holocaust is mentioned because of Ehe people who had mentioned their concern. and specifically we have added language, I think, that's brcad enough to bring everybody else in.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Shaw.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he yieldr Senator Shaw.
Do you have -- Senator O'Malley, do you have any objections of including women and African-Americans? know you agree that they have made great contributions to our society. Why aren 't women included in this -- in this legislation? And it's -- and it's not too late at the moment. Would -- would ycu be wllllng to hold this?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley.
Senator Shaw, again: thank you for your concern and for your inquiry. againr . khink that *he language here is broad enough to include the areas that -- of interest that you have pointed out to the Body, and would tell you this: Eha: appreciate very much that you recognize my interest and concern for those issues as Well. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Shaw.
Certainly concur uith the Jewish Federation, and I -- 80 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8: 1995 commend them on having a watchful eye in terms of legislation that are flowing out of here. But seemed to me that we have time because this -- understand that the Rules Commi*tee will be meeting tomorrow, and we -- and the bill is not going to be heard before tomorrow. And seems as though, to me, that we still have time to deal with it, and I think that's probably ... To khe -- to the bill -- or the amendment: We still have time to -- to address this issue. think, as a Legislative Body and -- and speakin: for a11 of the people of this State, I think this Body could send a real message to a1l of the people of this State, particularly our educatcrs, and here we are creating chartered schools, where a learning process going to take place. And certainly the young minds in the school systems around this State should be taught about the contribution that all groups have made to this Stater and genders have made to this State. And I believe that in good conscience, that the people on your side of the aisle, along with over here, would want to make sure that that happenedr because people in -- youngsters in this State don't have a full educatlon unless they understand the total picture of how people have worked to construct our society as it exists today. would hope that you would pull amendmen: out of the record and letfs sit down and talk on specific language instead of being vague -- the language as vague as it is there, because it leaves a lot to be desired in terms of whether you teach it or whether you dcn't teach it. I think that we have to be concerned about women. I think we have teach our young people about what women have contributed to this country. I think that we have to teach them about what African-Americans have contributed to this country. I knaw that you wouldn't pass an amendment out like this when African-Americans have done four hundred years of slavery in terms of building this country. You wouldn't dare pass an amendment out that wouldn't include this in Ehere. just don't 81 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 believe this.
PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator de1 Valle. SENATOR dEL VALLE: Thank you -- thank you, Mr. President. For the record, just want to 1et the Senate know that the Education Senate Committee, of which am a memberr there were two amendments offered to b0th the -- this bill - the charter school bill and the mandates waiver bill. Those amendments would've ensured that you could not waive the teaching of the Holocaust, black history and the histcry of womenr and also bilingual education. And the amendments were voted down with a partisan roll call. And want the record to show that.
PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator Jones. SENATOR JONESJ Thank youy Mr. President, and I apclogize for rising a second time on thls issue. And I'm very shocked at the sponsor of this bill, when he indicated that he Wished someone had come forward. I was unaware that the amendment had been offered in committee do just that. You know, it's ironicr Senator O'Malley that you have here today in Illinois and across the country, you have an issue called Black History Month. And, Senatcr O lMalley, Went to those schools. Went to the public schools. And if you leave it at the discretion cf some who do the education, they will miseducate. See, didn't know, Senator O'Malley, when I went to school that a -- a black man had -- came up with the invention as far as plasma is concernedr to help save lives be lt black or white. And he died -- he died, Senator O 'Malley, because he had he was in a car accident and *he hospital would not admit him on account of discrimination. didn't know, Senator O 'Malley, that the Capitol -- that the architect that designed that Capitol 82 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TNANSCRIPT 13th Legislative Day February 8, 1995 l was a black African-American. So what we are talking abaut is I 1 educating the people of Illinois. But it was left to the 1 1 I discrekion of the educators, as you have in this bill, to decide -- to decide what should be taught ehe children of Illinois. And 1 ! that's wrong. We've gone through this in the past. So why would j you sit on -- stand on this Senate Flaory and when I raised that I question with you, and you said, and others. If you uere I ! genuinely sincerey you would have supported the amendments that I uere offered in committee and not voted down on party lines. 1* ! I is a disgracer and I -- and I respect you as a fellow colleague, I but don't stand on the Senate Floor and say, ''Wel1 -- well we fll ' just throw that into Iother1 and 1et the charter school district ! decide as they willml' That's Why we, in this Bcdy, pass certain i pieces of legislation. So if you uere sincere in your efforts, ! you would *e1l this Body s ''I Will hold this bill, and I will see ! I that that amendment specifically 1ay out the language that this ! Body passed as relate to women and Afrlcan-Americans.'' If you ! were qenuinely sincere. Because you Want to turn the clock back. 1 I You have the votes to do that. You Want to turn the clock back, I but you are wrong, and you Will pay a hell of a price down the I line. I I PRESIDING OPFICER: (SENATOR MAITLAND) I Further discussion? Senator Hendon. I SENATOR HENDON: . Thank you, Mr. President. Will the spcnsor yield for question?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Hendon. GENATOR HENDON: j Senator O 'Malley, were you in eommittee when the vote was taken to on the amendments that Senator de1 Valle spoke about? - - 1
PRESIDING OFFICER: (SENATOR MAITLAND) I 83 STATE OF ILLINOTS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 13th Legislatlve Day February 8, 1995 I k Senator O'Malley.
Senator Hendon, I -- I have to tell your I appreciate that you've asked thls question so that I can respond to some of the comments that were made by the two previous speakers. Senator del Valle never has offered an amendment to this bill. Therels only one amendment that was offered other than ones that you are talking about. Number l was the bill that we see here. Number 2 was -- was one that was offered by Senator Berman, and it was also offered as eosponsor -- is that correct, Senator? That's -- that was offered by Senator Berman and Senator DeAngelis. And this is a third one. So I think that your criticism might be well-founded if the facts your criticism uas based on were accurate. I do recall, being in the ccmmittee, that a -- that an amendment was offered to another bill, by Senator del Valle. So I think that the facts here: let's get them out on the Eable so people know what they are. And let me also say this: The language was specifically drafted tc be as brcad as possible sc that we would include other people. And specifically, because the Jewish 1 Federation brought forward the question, the Holocaust, which is somethkng that we dre a1l very concerned and interested in: was placed into the amendment. l PRESIDING OFFICER: (SENATOR MAITLAND) 1 Senator Hendon. .
.e. tmicrophone cutoffl...president. I -- I sbill asked you how you voted. Whether it was on -- on this bill or -- or the other bill' did you vote Yes to include women, African-Americansr bilingual education, or did you vote No? Because the -- the reason I'm trying to get to it, my -- my esEeemed colleague, you're saylns that you wan: to be inclusivy with the word 'other' andy you knowe ''other'' can mean anything. It depends -- it leaves 84 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day FebruarY 1995 too much for interpretation. just want to know how you voted, and then can have my commen*.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O 'Malley.
Senator Hendon, I have tried to be responsive to your lnquiry. You're asking me hoW I voted in ccmmittee. First of all, we a11 know that how voted in committee a matter record. But let's say this: What youdre asking me about whether I voted on was never offered as an amendment the committee.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Hendon. I'm going to... Either -- either -- either address ycurself...senator Hendon, address yourself to the issue specifically.
am doing the best that can to do that. If I failed to satisfy you in -- in my endeavor, then I apologize. But I am doing my best to do that, sir.
PRESIDING OFFICER: (SENATOR MAITLAND) Please address the issue, sir.
Thank you. Senator O'Malley, was slavery a holocaust?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley.
Well, perhaps I'm no* experienced enough as Eo how Eo deal with that kind of a question, but I -- really dcn't think you're asking me a question. believe you are making a statement. And that's what you choose to do, you may do Howevery in *he time I have served in the SenaEe, which I will admit is a short period of time having been here for more -- slightly more than two years, I have never been cross-examined, and thaE's 85 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 where you want to go, Senator Hendon, then maybe we're settlng a I precedent. PRESIDING OFFICER: (SENATOR MAITLAND) j i Is there further discussion? Further discussion? Senator O 'Malley, to close. Senator, your time had -- your time had expired. SENATOR HENDON: You 're not going to disrespect me. PRESIDING OFFICER: (SENATOR MAITLAND) ' Senator... SENATOR HENDON: I have a right to conclude... PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley, Nould you closer please. Senator O 'Malley. Senator O'Malley, would close, please? SENATOR O'MALLEY: I Would request that the Members of the Senate please suppcrt Senate Floor Amendment 3 to Senate Bill 19. Thank you . PRESIDING OFFICER: (SENATOR MAITLAND) Thank you. A1l those in favor -- a11 those in favor to Senate Amendment No. 1 to House Bill -- Senate 19 -- Amendment No. 3 to Senate Bill 19. A11 those in favcr Will vote Aye. Opposed, Nay . The voting is open. Have a11 vcted who wish? Have a11 voted who . Wksh? Have a11 voted who wtsh? Take the record, Mr. Secretary . On that -- on that vote, there are 45 Ayes, 3 Nays, 7 Members voting Present. The amendment is adopted . Are there any further Ploor amendments: Mr. Secretary? - SECRETARY HARRY: Amendment NO . 4, offered by Senator O 'Malley . PRESIDING OFFICER: (SENATOR MAITLAND) E Senator O IMalley . ! j SENATOR O'MALLEY : 86 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 I -- I will attempt to be brief here, but this is an important j amendment. Thks amendment deals wkth certificatkon of ; ! instructional personnel in charter schools . And it basically I provides that if you are a certificated teacher under Article 21 of -- of the School Code, then you will qualify to be a teacher. It also sets up an alternative certification process, and I will read those very -- the basic requirements very quickly and in summary. There are four basic requirements: the first is a bachelor's degree from an accredited institution; the second is having been employed for at least five years in an area requiring application of the teacher's education; three, having passed the basic skills and subject matter test required of regularly certified teachers; and after those three are completed, and you are hired and become part of the charter school, you must demonstrate continulng evidence to the charter school of your professional growth. I would request some support of -- your support of Senate Amendment No. 4 to Sena*e Bill 19.
PRESIDING OFFICER: (SENATOR MAITLAND) Is -- is there -- discussion? Senator Smith.
Thank you, Mr. President. I merely want to say on the Amendment No. 3, please record me as Present. This did nct act up. I don't know whether -- it's acting up now or what.
PRESIDING OFFICER: (SENATOR MAITLAND) The record will so reflect, Senator Smith.
Present please... .
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio... SENATOR SMITH: i I . .. on Amendment 3. Thank you. i
PRESIDING OFFICER: (SENATOR MAITLAND) 87 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 ' E 1 Yes. Thank you. Senatcr Demuzio. i SENATOR DEMUZIO: Mr. President, 1et me pose this question to Senator OfMalley, if I nay, as a matter of procedure. Thak -- the last amendment and this amendment were both adopted in committee, is tha: correct? And may I ask then, why are -- we are adopting Committee amendments on the Floor? This is a procedure that's, you knowy extraordinary. I mean, we -- under your rules now, for the last three years, that has not been the case. The fact of the matter is... PRESIDING OFFICER: (SENATOR MAITLAND) Yeah. Senator, it's my understanding, these are Floor anendments. Yes. END OF TAPE TAPE 3 PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzio. SENATOR DEMUZIO: No. When I asked the question when Senator O'Malley indicated they were committee amendments, that's why I wanted to proceed. But since now the record has been corrected and they are Floor amendments, uhy -- and now I undprstand . So, thank you. PRESIDING OFFICER: (SENATOR MAITLAND) Thank you. Senator Collins. SENATOR COLLINS: Senator, I -- I was confused too, because most certainly I voted for the Holocaust amendment Ln commkttee, and I most l 88 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 certainly would not vote against it here on the Floor. I'm ! assuming from al1 of the debate and everything that's going on here that you're talking about new amendments here from the Floor. I'm -- I'm totally confused about your process. So if I voted on No. 3 No, I would like to be recorded as Aye, even thoughr like many of my other colleagues over here, it should have been inclusive of al1 of those minority groups. I still voted for it in committee, and I'd like to be recorded Aye on the Holocaust amendment.
PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Collins. Senator Molaro.
' Yes. Real -- real quickly. Senator O 'Malley, this is an important amendment, and I urçe an Aye vote, but I just want to point out, this is an amendment that I think should have probably been on the bl11. And -- and the problem we have of now isr 1 think, just to -- one comment about the fast track. I still cannot figure out why we have to be vcting this quickly in 3rd Reading on something this important so it becomes 1aw by March 1st, when we could have some debate and make it law by May lsk. And I just hope that as ycu start lcoking at these things - and we missed thls amendment - that we're not going to come up with more and more amendments to make this better, because if that's where welre headed, why nok just take these things off *he fast track lf they're so important and make them 1aw May lst instead of March lét?
PRESIDING OFFICER: (SENATOR MAITLAND) Senatar O'Ma11ey .
Senator Molaror thank you for brinsing that up so we can cïarify to everybody about this particular legislation. While ' i thi . s may be on the fast track and -- as far as you're ccncerned, I 89 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 ; : i because it's moving along quickly, this is -- the bill itself, i i which ls -- is senate Amendment No. 1, is the same bill that : passed out of this Chamber last year. So it's pretty Well known 1 within the Senate the provisions of it. Nctkithstanding thatr of course, ittneeds to be reintroduced and explained and heard. The amendments are What's new to the Body this year, and of eourse the whole thing is new to the two new Senators in -- in the Senate. So I think -- I don't think we're trying to huskle this alcng in any way that does not allcw you not to -- to have some input and also be aware of whae's going on, but T appreeiate your -- your concern. Thank you. PRESIDING OFFICER: (SENATOR MAITLAND) Purther discussion? Senator Welch. SENATOR WELCH: Thank you, Mr. President. I had a question of Ehe sponsor. PRESIDING OFPICER: (SENATOR MAITLAND) Indicates he will yield, Senator Welch. SENATOR WELCH: Senator O'Malley, I've got an amendment on file that is going Eo go to the Rules Committee tamorrow. Are you willing to hold that bill till tomorrow to have any other amendments that get ouE of Rules Committee for tomorrow heard in the Educaticn Committee? PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Malley. SENATOR O 'MALLEY: Well, we're not going to be voting on this on 3rd, Senator. I have not seen your amendment, and you haven't talked to me about ity bu* IId be happy Eo read iE and -- and discuss it with you, but I can't make any commitment at this point in time, and I think you'd appreciate that. But we're not voting on it this afternoon. Not as a bill. Wefre voting on amendments. PRESIDTNGOFFICER: (SENATORMAITLAND) 1 90 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Further discussion? Senatcr Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Palmer.
Senator O'Malley, our analysis Amendment 4 says that this - - that noncertified teachers are still allowed to teach in charter schools. It was my understandlng, from talking to members of IEA, that that had been changed. Is that not the case?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator O'Ma11ey.
Senator Palmer, T 'm not familiar with what's in your analysis, but I can tell you that what this amendment does is basically provide for an alternative certification prccess, and that has been supported in -- in committee by both of the unions who are interested ln this issue.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Palmer. Is -- is there further discussion? Further discussion? Senator O 'Malley, you wish to close?
Again, I would ask for your support. Thank you.
PRESIQING OFFICER: (SENATOR MAITLAND) Senator OlMalley has moved the adoption of Floor Amendment No . 4 to Senate Bill Those in favorr say Aye. Opposedy Nay . The Ayes have And the amendment is adopted . Further Floor amendments, Mr. Secretary?
Na further amendments reported, Mr. President.
PRESIDING OFFTCER: (SENATOR MAITLAND) Reading. Senator Philipp for What purpose do you arlse, 91 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 1995 sir?
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Just to bring you up to date on where I think we are and what's going to happen in the next two days. We be in Session tomorrow at and we will run tbrough the Calendar on 2nd and Readings. We Will be Friday at 8:30. Hopefully Ne'11 get out of here quickly on Friday morning.
PRESIDING OFFICER: (SENATOR MAITLAND) right. We have one more bill on 3rd Reading that we wish to recall. Senate Bill Senator Karpiel, dc you wish Senate Bill 22 returned to the Order of 2nd Reading for the purpose of amendment?
Yes.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel seeks leave of the Body to return Senate Bill 22 to the Order of 2nd Readlng for the purpose of amendment. Hearing no abjectionr leave is granted. On the Order of 2nd Reading is Senate Bill 22. Mr. Secretary, are there any Floor amendments approved for consideration?
Amendment No. offered by Senators Karpiel and Cronin.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel.
Amendment No . 8 is that what we're on? Amendment No. 8? Amendment No. 8 to Senate Bill 22 I would like to read; it is very short. Any district requesting a waiver or a modification for the reason tbat the kntent of the mandate can be addressed in a more economical manner shall include the application a fiscal analysis showing current expenditures on the mandate and projected 92 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l3*h Legkslative Day February 8, 1995 savings resulting from the waiver or modifications. And...
PRESIDING OFFICER: (SENATOR MAITLAND) A11 right.
. .. what we're saying is that if a district wants a waiver or a modification based on economics, that they feel they could prcvide less expensively, they would have to show what they are now spending on the mandate and what they feel the projected savings would be. And I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel has moved the adoption of Floor Amendment No. 8 to Senate Bill 22. Is there discussion? Senator Welch.
have a question of the sponsor.
PRESIDING OFFICER: (SENATOR MAITLAND) Indicakes she Will yield, Senator Welch.
Senator Karpielr is that estimate a five-year estimate, or do they have to make a new estimate each year as they learn from the effect of not having that mandate upon them?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel.
It wculd be -- the -- they would have -- it would be in the application. So it would be fcr however long they are applying for the waiver or modification. And as you know, the itself, a waiver is good for five years.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch.
Bu* the bill has no provision that they estimate they're going to save noney and Ehey don't, that the mandate is revoked or 93 STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8: 1995 i lt goes back before the committee for review. Is that -- is that correct? There's no review procedure? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel. SENATOR KARPIEL: There is after five years. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch. SENATOR WELCH: They -- they could be wrong for a11 five years, and nobody can do anything for Eive years until it comes back up for an extension of the mandate. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel. SENATOR KARPIEL: I'm sorry. Would you repeat that? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Welch. SENATOR WELCH: If they make an estimate saylng they're golng to save money and they don't - they lose money each of the five years - ncbody can do anything about that mandate being waived. It just continues to be waived even though it costs more money than . complying with the previous State law. Is that correct? PRESIDING OFFICER: (SENATOR MAITLAND) Senator Karpiel. SENATOR KARPIEL: First of all, if *he application for the waiver was for five years - and it could be for less - if lt were for five years, yes, the revkew wouldn 't come up until after that five-year period. Howeverz it seems unlikely that a school district or -- would continue to be -- to -- to use that waiver and use that method of 94 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 providing the mandate if they were cantinuously losing money. ! I
PRESIDING OFFICER: (SENATOR MAITLAND) I Further discussion? Further dlseussion? Senate -- Karpiel moves the adcptlon of Floor Amendment No. B to Senate Bill 22. Those in favor will sayAye Opposed, Nay. The Ayes have it. . 1 I And the amendment is adopted. Any further Floor amendments . ! approved for consideration,Mr.Secretary? 1 !
Amendment No. 9, offered by Senator Karpiel. ! PRESIDING OFFICER: (SENATOR MAITLAND) 1 I Amendmene No. 9, Senator Xarpiel.
Thankyou Mr. President. Amendment No. 9 is the one that you , 1 probably al1 were hearing about over the weekend. As you know, ' the teachers seem to feel that this would -- that this bill could affect their tenure and seniorlty. That was never the intention i of the bill,nordo Ibelieve itwould have happened. Butjusttc 1 calmtheir fears, we d1d include in Ehis amendment special 1 education, teacher certifieatlon: and tenure and seniority. That 1 ! was already in the bill, by the way - the special ed and teacher certificatton. We have added teacher tenure and seniority as j exemptions from the provisians of this bill. I !
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? Senator del Valle. SENATOR dEL VALLE) Thank youy Mr. President. I also rlse to speak on ienaEe Bill 22 and an amendment that -- or: two amendments that were offered and defeaEed in ccmmittee. The first one was an amendment to ' ensure that you could not waive the teaching of the Holocaust, African-Americans and women. That amendment was defeated on a I roll call , and also khe amendment on bilingual education was I defeated also on a partisan roll call. ! 95 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Collins.
Yes. Thank you, Mr. President and Members of the Senate . have filed an amendment that I think speaks to the -- the heart of what the -- the waiver of the mandates should be about, and that requiring each of -- person, each of the sehool districts, who come in and request a mandate waiver to specify writing that waiver, a) the objective that they wish to accomplish, the goals fcr that particular mandate waiver, and to show how that Waiver will in some way impede their progress toward cbtaining their goal, and think that is very simple. It is good sense. It -- it most certainly would require them not to just willy-nilly come in and ask for mandate waivers for no real purpose. They would have to specify what the purpose would be, the çoal they want to obtain, a time framer and how this particular manda*e would impede their progress toward dolng it. I think that's good sense. And so the amendment is up there. I'm I'm merely asking, can We leave the bill on -- on 2nd Reading, or bring it back to 2nd Reading and put that amendment on the bill, beeause it just makes good sense?
PRESIDING OFFICER: (SENATOR MAITLAND) Yeah. Senator Collkns, let me just -- 1et me just comment. This bill will go back to 3rd Readingy and think if ycu have amendments filed, you ouqht to -- after we adjourn, you ought to talk to the sponsor and -- and find cut what h1s -- position is With respect to that. But the bill will go back Eo 3rd Reading this evening. Is there further discussion? Further discussion? Senator Karpiel has moved *he adopticn of Floor Amendment No. 9 to SenaEe Bill 22. Those in favor Will say Aye. Opposed, Nay. The Ayes have The amendment is adopted. Any further Floor amendments approved for consideration, Mr. Secretary? 96 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995
No further amendments reported, President.
PRESIDING OFFICER: (SENATOR MAITLAND) 3rd Reading. Senakor Burzynski, for what purpose do you arise, sir?
Thank you: Mr. President. For the purpose of an announcement. The Senate Executive Appointments Committee Will be meeting at 4 o'cloek in Room 400, rather than 3 o 'clock in Room 212. That's 4 o 'clock in Room 400.
PRESIDING OFFICER: (SENATOR MAITLAND) Thank ycu, Senator Burzynski. Senatcr Peterson.
Thank you, Mr. Presldent. For the purposes of announcement. The Revenue subcommittees on tax administration and tax increases and expenditures will not meet - uill not meet tomorrow morning, but the Revenue Committee will meet at 9 o 'clcck, and those bills that Were scheduled for subcommittee Will be heard in the committee as a whole.
PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator. Senator Mahar.
Thank ycur Mr. President. For the purpose of an announcement. The Senate Environment and Energy Committee Will meet tomorraw morning at o 'clock in Room 400.
PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator. Senator Rarpiel.
Thank you, Mr. President. The Senate Executive Committee, which was scheduled for l o'clock, will meet immediately following adjournment today in Room
PRESIDING OFFICER: (SENATOR MAITLAND) 97 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 Thank youy Senator. Sena*or Madigan.
Thank you, Mr. President. Tbe Senate Committee on Insurance; Penslons and Licensed Activities will meet immediately upon adjournment in Room 400. We've got a very short agenday so I would ask the Members after adjournment just to go on up to Room 400 and we can be aut of there just a few minutes. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator. Senator Raica.
Thank youy Mr. President. The Committee on Public Health and Welfare will meet A-l immediately following adjournment or Easter Sunday: whichever is sooner.
PRESIDING OFFICER: (SENATOR MAITLAND) A11 right. Ladies and Gentlemen, just a reminder; We will -- we will go in Session tomorrcw at 11 a.m . and Friday at 8:30 a.m. promptly. Any further -- Senator Barkhausen.
Thank you, Mr. Presldent. This is just a reminder fcr the Members of the Senate Financial Institutions Commiteee. I believe they've been notified, but just a reminder that there Will be no meeting of the committee tomorrow or this wgek. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Introduction of Bills. SECRETARY HARRY; Senate Bill 340, offered by Senator Berman. (Secretary reads title of bill) Senate Bill 341, by Senator Berman. (Secretary reads title of bill) Senate Bill 342, by Senator Berman. (Secretary reads title of bill) Senate Bill 343, by Senator Bernan. 98 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 (Secretary reads title of bill) Senate Bill 344, by Senator Jones. (Secretary reads title of bi11) Senate Bill 345, by Senator Fawell. (Secretary reads title of bill) Senate Bill 346, by Senator Madigan. (Secretary reads title of bill) Senate Bill 347, by Senator Madigan. (Secretary reads title of bill) Senate Bill 348, by Senator Sieben. (Secretary reads title of bill) Senate -- Senate Bill 349, by Senator Madigan. (Secretary reads title of bill) Senate Bill 350, by Senator Klemm . (Secretary reads title of bill) Senate Bill 351, by Senator Barkhausen. (Secretary reads title of bi11) Senate Bill 352, by Senatcr Barkhausen. (Secretary reads title of bi11) Senate Bill 353, by Senator Barkhausen. (Secretary reads title of bill) Senate Bill 354, Senator Barkhausen. (Secretary reads title of bill) Senate Bill 355, Senator Barkhausen. (Secretary reads title of bill) Senate Bill 356, Senator Barkhausen. (Secretary reads title of bill) Senate Bill 357, Senator Barkhausen. (Secretary reads title of bill) Senate Bill 358, Senator Fawell. (Secretary reads title of bill) Senate Bill 359, Senator Fawell. 99 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 13th Legislative Day February 8, 1995 (Secretary reads title of bill) Senate Bil1 360, Senatar Fawell. (Secretary reads title of bill) Senate Blll 361, Senatcr Fawell. (Secretary reads title of bill) Senate Bill 362, Senator Fawell. (Secretary reads title of bLll) Senate Bill 363, Senator Syverson. (Secretary reads title of bill) Senate Bill 364, by Senator Karpiel and others. (Secretary reads title of bill) Senate B111 365, by Senator Sieben. (Secretary reads title of bill) Senate Bill 366, by Senator Petka. (Secretary reads title of bill) Senate Bill 367, by Senator 5m1th. (Secretary reads title of bill) Senate Bill 368, Senator Dehngelis. (Secretary reads title of b111) Senate Bill 369, Senator Woodyard. (Secretary reads title of bill) Senate Bill 370, Senatcr Woodyard. (Secretary reads title of bill) Senate Bill 371, Senator Woodyard. (Secretary reads title of bill) Senate Bill 372, Senator Berman. (Secretary reads title of bill) Senate Bill 373, Senator Karpiel. (Secretary reads title of bill) Senate Bill 374, by Senator DeLeo . (Secretary reads title of bill) Senake Bill 375, by Senator Shadid. 100 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 13th Leglslative Day February 8, 1995 (Secretary reads title of b11l) And Senate Bill 376, by Senator Cullerton. (secretary reads title of bill) Also, Senate Bill 377, by Senatcr Watson. (Secretary reads tiele of bill) And Senate Bill 378, by Senator Watson. (secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFTCER: (SENATOR MAITLAND) A1l right. Senator Donahue moves the Senate stand adjourned until 11 a.m. Thursday, February 9th. 101 REPORT: TIFLDAY STZTE OF ILLINOIS 96/09/11 PAGE: 001 89TH GENERZL ZSSEHBLY 16:18:36 SENATE DâILY TRANSCRIPTION OF DEBâTE INDEX FEBRUâRY 08, 1995 HB-0201 THIRD READING SB-0001 THIRD READING SB-000: THIRD REâDING SB-0001 0UT OF RECORD SB-0004 THIRD READING SB-0019 RECALLED SB-0022 RECALLED SB-005V SECOND READING SB-0058 SECOMD READING SB-0079 SECOND READING SB-0086 SECOND REZDING SB-010R SECOND READING SB-0331 FIRST READING s8-0332 FIRST READING 58-0333 FIRST READING SB-033R FIRST REZDIMG 38-0335 FIRST REZDING 58-0336 FIRST READING 58-0337 FIRST READING 38-0338 FIRST PEADING 58-0339 FIRST REZDING SB-0340 FIRST READING SB-0341 FIRST REZDING SB-03R2 FIRST READING 58-0343 FIRST READING SB-03Vk FIRST READING SB-03R5 FIRST READING 38-0346 FIRST REZDING SB-03M7 FIRST REâDING SB-03V8 FIRST REZDING SB-03V9 FIRST READING SB-0350 FJRST REZDIVG SB-0351 FIRST READING s8-9352 FIRST READING 58-0353 FIRST READING SB-035M FIRET REZDIVG 88-0355 FIRST REZDING 58-0356 FIRST REZDIVG 88-0357 FIR3T REZDING 58-0358 FIRST REZDIMG 88-0359 FIRST REZDIMG sB-0360 FIRST REZDING SB-0361 FIRST READIMG 58-0362 FIRST REZDING 38-0363 FIRST REZDING SB-036V FiRST READING s8-0365 FIRST REZDING 58-0366 FIRST REZDING 58-0367 FIRST READING 38-0368 FIRST REZDING 58-0369 FIRST READING sB-0370 FIRST READING SB-0371 FIRST READING 58-0372 FIRST REâDING :8-0373 FIRST READING SB-0374 FIRST READING 88-0375 FIRST READING SB-03T6 FIRST REZDING 58-0377 FIRST READING 38-0378 FIRST READIMG SJR-0018 RESOLUTION OFFERED REPORT: TIFLDAY STâTE OF ILLINOIS 96/09/11 PAGE: 002 89TH GENERAL ASSEXBLY 16:18:36 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX FEBRUâRY 08, 1995 SUBJECT MATTER SENATE T0 ORDER-PRESIDENT PHILiP PAGE 1 PRâYER-THE REVEREND CRAIG H. JENKINS PZGE 1 PLEDGE OF ZLLEGIâNCE PâGE 1 JOURNAL-POSTPONED PâGE 1 COMMITTEE REPORTS PZGE 2 SENATE STANDS IN RECESS PZGE 112 SEMATE RECQNVENES PâGE 112 ADJOURNHENT PàGE 101