PRESIDING OFFICER: (SENATOR WEAVER) ... session of the 89th General Assembly will come to order. Will the Members please be in their -- at their desks, and will our guests in khe gallery please rise. 0ur prayer today Will be given by Pastor Dan Siebert, First (United) Methodist Church, Springfield. Pastor Siebert.
(Prayer by Pastor Dan Siebert)
PRESIDING OFFICER: (SENATOR WEAVER) Senator Sieben, for the Pledge of Allegiance.
(Pledge of Allegiance, 1ed by Senator Sieben)
PRESIDING OFFICER: (SENATOR WEAVER) Reading of the Journal.
Senate Journals of Monday, March 25th and Tuesdayz March 26th, 1996.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler.
Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senator has additions or correction to offer.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler noves to approve the Journals just read. There being no objectlon, ik is so ordered. Senator Butler.
move that reading and approval of the Journal of Wednesday, March 27th be -- khe year 1996, be postponed, pending arrlval of the printed Journal.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler moves to postpone the reading and approval STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28y 1996 I I the Journal, pending arrival oftheprintedtransaript. There 1 I being no objection, it ls so ordered. committee Reports. SECRBTARY HARRX: 1 I Senator Rauschenberger, Chairman of the Committee on I 1 Appropriations, reports Senate Bills 1574: 1575, 1576, 1922: 1923, 1943, 1944 and 1945 al1 Do Pass. I I PRESIDING OFFICER: (SENATOR WEAVER) I I I Messages from the House. ' I I SECRETARY HARRY: l I A Message from the House by Mr. McLennand, Clerk. I j I Mr. President - I am directed to inforn the Senate that I I the House of Representatives has passed bills of the followin: ( 1 I tlkles, in the passage of which I am instructed to ask the ! concurrence of the Senate, to wit: ! ! I House Bi11s 739, 1287: 2028, 2406, 2529, 2557, 2651, 1 I i 3426, 3638 and 3668. j I All passed the House, March 27*h, 1996. I I We have a like Message on House Bills 2805, 2915, 3048 and I I I 3662. I ' j Also passed the House, March 27thy 1996. I I PRESIDING OFFICER: (SEXATOR WEAVER) I j 1 House 3il1s lst Readlng. I I SECRETARY HARRY: l I House Bikl 2616, offered by Senators Maitland and Bcmke. 1 j I (Secretary reads title of bill) 1 I Senator Syverson offers House Bill 2691. l I I (Secretary reads title of bill) / I House Bill 3629, offered by Senator Pawell. I I (Secretary reads title Of bill) i 1 I And House Bill 3614f presented by Senator Weaver. I I (Secretary reads title of bill) I i lst Reading of the bilks. l i I i 2 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28z 1996 I SENATOR BURZXNSKI: , i Thank you, Mr. President. If I could have your attention: I 1 Please. We're very fortunate today to have with us a young lady i 1 from DeKatb County, Lynn Boughton, who is serving as the Illinois I ! I State FEA President. She is fron the Indian Creek FFA Chapter in I I Shabbona, Illinois. I see sone of her colleagues are up here in 1 . 1 the gallery. She says sometimes you make her a little nervousr I I but I think she '11 do quite fine -- today. She is a -- enrolled 1 I 1 at the University of Illinois for next fall. She's gotng to be I i studying Ag Economics, has a resume as long as my arm, but I think I I I'm golnq to 1et her have the opportunity to talk to you today and 1 i address you relative to PFA. So Would you please join me in I i Welconing Miss Lynn Boughton, the President of the Illinois FFA. j i MISS LYNN BOUGHTON: I I (Remarks by Miss Lynn Boughton) I i SENATOR BPRZYNSKI: i 1 I If Lynn would step back up here for just a minute. On behalf I 1 of the Illinois Senate, Lynn, and Senate President Pate Philipr we I i have a certificate for you in recognition of your day here in the i I Illinois Senate. Thank you. I 1 SENATOR DEMUZIO i : I I Thank you very much. If we could have your attention. I I Senator Fitzgerald, if we could have your attention for a moment, i i please. I also would like to welcome Senator Bill OlDaniel back I i to the Senate. As you know , he had been over at the hospital for l I I the last couple days having tests, and -- and he has asked me to j I -- to do this -- this very heavy duty, today, of introducing the I i Illinois Counky Fair Queen, Who ls standing behind me. I wauld I ; like to introduce heE to you, as Members of the Senate. And I i I , I shall do so in a moment. She ls currently a junior at St. Mary s I ; of the Woods College. She majored in biology, a minor in i I chemistry: pre-med and program pmdiatrics. She is currently I 3 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28# 1996 1 I employed at St. Memorial Hospital, a laboratory asslstane. She l I faced sone very stiff competikion, wîèhoue queseion, in Illinois, l 1 and Wedre -- I knoW that very -- wefre a11 veryz very proud of 1 I Julie Ann Niemerg from Effinghan County. Julie. i JULIE ANu NIEMERG: i ! (Remarks by Julie Ann Niemerg) ; ; SENATOR DEMUZIO: ' i Also: Julie, if you'll step back up here, we also have a ! Senate resolution on -- on behalf of the Members of the Senate ' saying congratulations to you and -- and best wishes in the ; future. Thank you very mueh. PRESIDING OFFICER: (SENATOR WEAVER) i lt is the intent of the Chair to proceed to the Order of I Senate Bills 3rd Reading. We will commence Where we stopped i yesterday, on page 3. Begin with Senate Bill 1381. Senator . i Sieben, do you wish the -- 1381, Mr. Secretary. I SECRETARX HARRY: I Senate 3i1l 1381. i (Secretary reads title of bill) . 3rd Readtng of the bilk. i PRCSIDING OFFICER: (SENATOR WEAVER) 1 l Senakor sleben. I SENATOR SIEBEN: I Thank youz Mr. President and Ladies and Gentlemen of the ; I Senate. Senate Bill 1381, at this point, is a vehicle bill for I I the Governor's reorganization of the Commissioner of Banks and I Trusks and the Commlssioner of Savings and Loans. It's a vehicle ' I i bill at this point. The amendment has been drafted, but we could I no* mee: the time lines to get *he amendment onto the bill. It's ' I a rather lengthy amendment. We would like to move the bill over ' to the House and then put the reorganization amendment on at that ' time. That's what khe bill is. That's What it's going to do. i 4 i l i STATE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 There is no objection to this. ' Phere's been no significant concerns over the reorganization of these financial services departments: and I'd ask for your Aye vote. PRESIDING OPFICER1 (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 1381 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have al1 voted Who wish? Take the record. On that question, the Ayes are 55, the Nays are none. Having received the constitutional najority, the bill is declared passed. 1389. Senator Sieben? Read the bill, Mr. Secretary.
Senate 3i1l 1389. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPPICER: (SENATOR WEAVER) Senator Sieben.
Thank you, Mr. President and Ladles and Gentlemen of the Senate. 'Phi.s legislation is the annual conveyance bill that We do for the Department of Transportation. It contalns numerous transfers of property that have been researched, appraised , evaluated and agreed to. Had a proper hearing in committee. There were four amendments put on for various Members who had property that needed to be covered by conveyance. There is no opposition to this bill, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 1389 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted Who wish? Take the record. 0n that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 1389, having 5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 90th Legislative Day March 28, 1996 I I I received the constitutional majority, is declared passed. 1390. i I I Senator Rauschenberger? 1391. Senator Mahar? Read the bill, Mr. j 1 Secretary. 1 I SCCRZTARY HARRY: ' i I Senate Bill 1391. I I (Secretary reads title of bill) I i 3rd Reading of the bitl. ' I I PRESIDING OFPICER: (SENATOR WEAVER) I i Senator Mahar. ' I SENATOR MAHAR: ' I I Thank you, Mr. President, Members of the Senate. Last year I I the IEPA reeeived statutory authority to create an emissions I I reduction market system, and Senate Bill 1391 amends the State 1 I I Pinance Act, and the Alternative Compliance Market Account Fund is I I created. The bill would all the allotnent trading units to be I I bouqht and sold by the EPA . In addition, this Fund ' Would use a I I . I purchase service -- would be used to purchase services, equipment i I or commoditles that help generate emissions reducttons. There has I I been no opposition to thls bill, and I would ask for your support. 1 I I PRESIDING OFFICER: (SENATOR WEAVER) I I Is there discussion? If nat, the question is, shall Senate I I Bill 1391 pass. Those in favory vote Aye. Opposed, Nay. The l I I voting is open. Have all voted who Wish? Have all voted who wlsh? I I Take the record. On that questiony the Ayes are 54z the Nays are 1 i none, none voting Present. Senate Bill 1391, having received the l ' I I constitutional majority, is declared passed. 1402. Senator 1 . I DeAngelis. Read the bill, Mr. Secretary . I i SECRSTARY HARRY: l I senate Bilt 1402. : ; (Secretary reads title of bill) I 3rd Reading of the bill. I I PRESTDING OFFICER: (SENATOR WEAVER) ' I I I I 6 > ----- - . . . . . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I I Senator DeAngelis. I 1 SENATOR DeANGELIS: i i i Thank you, Mr. President. Senate Bill 1402 allows the i I i residents of a municipality in which they are being taxed b0th by i i a park district and a xunicipality for a recreation area to be I ! able ko de-annex from one of the *axes, and they have to do that . through a petition that requires ten percent of the voters. As i amended, it also restricts this activity to only those communities ' which have a population of twenty-two thousand to twenty-five ' . thousand, and I ought to identify the community. This community i is South Holland. The other two amendments are amendments that have been through here before. 0ne is the one that simply defines i i where the annexation ordinance shall be filed: and *he other one ' is a language that permits the jurisdiction within a park district , to extend beyond the nunicipal boundaries, like the police force, ' if there 's any activity qoing on that requires 1aw enforcement. ' Be happy Eo ansWer any questions. ' PRESIDING OFFICER: (SENATOR WEAVER) ' I Is there -- is there discussion? If not, the question is, I shall Senate 3i11 1402 pass. Those in favorz vote Aye. Opposed, ' , ; Nay. The voting's open. Have a11 voted Who wish? Have a1l voted ; who wish? Take the record. On that question, the Ayes are 55, ; the Nays are none, none voting Present. Senate Bill 1402, having received Lhe constitutional majority, is declared passed. 1419. Senator Maitland? Read the bill, Mr. Secretary. i SECRETARY HARRY: Senate Bill 1419. ' (Secretary reads title of bill) ; 3rd Reading of the bill. . . PRESIDING OPFICER: (SENATOR WEAVER) Senator Mattland. ; i SENATOR MATTLAND: I I p ' STATE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATZ TRANSCRIPT 90th Legislative Day March 28, 1996 . I ! l Thank yOu Very much, Mr. President, Members of the Senate. i ! Senate Bill 1419 creates the Illinois Incentive for Access grant i I I program. It's a new program that would provide a one-time five I I I hundred down -- five-hundred-dollar grant to eligible freshman I I students with zero famlly help, and -- and who are also eligible I I I to recetve MAP assistance. They must be enrolled at least i I one-half time at public university -- at a public university, i ' I community college, or private college or university, located I I within Illinois. It further increases the MAP award maximum gtant I I I from thirty-nine hundred to four thousand for full-time students i 1 I and fram nâneteen-fifty to two thousand for part-time students, I i and it also creates the Higher EdNet Fund in the State Treasury. I i I know of no opposition. I would appreciate your support. I i I PRESIDING OFFICER: (SENATOR WEAVER) l I 1 Is there discussion? If not, khe question is, shall Senate I 1 Bill 1419 pass. Those in favor, vote Aye. Opposed: Nay. The l I I voking is open. Have a1l voted Who wish? Have al1 voted Nho I I Wish? Take the record. 0n that questiony the Ayes are 56, the ! I Nays are none, none voting Present. Senate Bill 1419, having i 1 I received the constitutional majority, is declared passed. l I ! .. . Madiganx 14247 Read the bill, Mr. Secretary. . i SECRETARY HARRV: 1 I Senate Bi11 1424. . i (Secretary reads title of bill) . i I i 3rd Reading of the bill. I I PRESIDING OFFICER: (SENATOR WEAVER) I ' Senator Madigan. ; GEWXCCR XADYCXNI i : Thank youe Mr. President and Menbers of the Senate. Senate i Bill 1424, as amended, contatns several components. It Would amend the lnsurance Code with reqards to domestic insurance companies and admitted assets, membership in the Illinois 8 STATE OP ILLINOIS 89TH GENERAL ASSEMSLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 . ' j I Insurance Exchange Board of Trustees, and the right of - I j consciousness for religious institutions in medical plans. It 1 i would add a Section amendtng the Insurance Code With regards to I i the mailing of cancellakion of -- nottces, Which would codify the I I current practice. . IE Would delete the current language pertaining i I to the underinsured notorist coverage and replace it with language I thab Clarifies the current 1aW on underinsured notorist coverage. ' I I menbioned the pfOVlSiOn as faf aS religious institutionsz a i I provision from the Cathollc Conference of Illinois, and adds a i i provision in the mandatory auto insurance that -- regardinq this i i canceltation of notices (sic). I would be glad to answer any i questions on Senate Bill 1424, as amended, and otherwise would ask I I for itS approval. I I PRESIDING OPFICER: (SENACOR WEAVER) i i Senator Hawkinsoa. I i SENATOR HAWKINSON: I i Will the sponsor yield for a question? I I PRESIDING OPFICER: (SENATOR WEAVER) j i He indicates he Will. ; SENATOR HAWKINSON : I I Senator: just if you could explaln a little more the -- the I I change on the underinsured, and what the current 1aw is, and why ; I we need that in Statute. ' i PRESIDING OFFICER: (SENATOR WEAVER) ' Senator Madigan. I i SENATOR MADIGAN: i Thank you, Senator Hawkinson. With permissionz I would refer i this to the conmittee Member Wha is an expert on this mattery who drafted this amendment, Senator Berman. I
PRESIDING OFFTCER: (SENATOR WEAVER)
I i 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I I disavow being an expert on anything. The problem that has come to our attention is that under the underinsured motorist coveragey the word ''exhaust'' is in the present law; so that the plaintiff *he person who is injured makes a claim a:ainst the liability carrier of the person gho's at fault - the defendant - and contrary to what was our intention when we drafted the laW: some insurance companies are saying that until you collect a1l the coverage - let's say the defendant has a twenty/forty policy - until you collect the full twenty thousand dollars, we 're not going to entertain your underinsured motorist coverage. The clarification that Senator Madlgan has accepted in this bill says that it -- it can be elther total exhaustion or partial exhaustion. The underinsured carrier gets full credit for the coverage, whlch may be more than the amount that's actually paid. This is to expedite the claim process.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is, shall Senate Bill 1424 pass. Those in favor will vote Aye. Those opposed, Nay. The voting is open. Have all voted Who Wish? Have all voted who wish? Take the record. On that questicn, the Ayes are 55p the Nays are nonez none voting Present. Senate Bill 1424, havln: received the constitutional majority, is declared passed. Senator Woodyard, on 1437. Read the billr Mr. Secretary.
Senate Bill 1437. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard.
Thank you, Mr. President, Members of the Senate. Senate Bill 1437 started out as a shell bill. It's still a shell bill. The 10 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislattve Day March 28r 1996 i I intent was the possibility of needing this bill for language that I I would keep our Amtrak trains running, and we don't have that I language. And ue may not even need this bill, but Idd like to move I I it over to the House. And if we do need it for the Amtrak i changes, we would have it in a posture to be able to add language ' I to it. With thatz I'd be glad to answer any questions or -- or I would solicit your support for passaqe. ' I PRESIDING OFFICER: (SENATOR WEAVER) I I Is there discussion? If not, the question is: shall Senate i Bill 1437 pass. Those in favor will vote Aye. Opposed, Nay. The I voting's open. Have a11 voted who wish? Have a1l voted who wish? I Take the record. On that question, the Ayes are 55# the Nays are ' none, none voting Present. Senate Bill 1437, having recelved the constitutional majorlty, is declared passed. Senator Parker, on ; 14407 Read the bill, Mr. Seeretary. I I
Senate Bi1l 1440. . I (Secretary reads title of bill) 3rd Reading of the bill. '
PRESIDING OFFICER: (SENATOR WEAVER) Senator Parker. '
Thank you, Mr. President, Ladies and Gentlemen of the Senate. ' Senate Bilt 1440 does two things. It amends the School Code i language to provide that the State Board of Educatton shall fund, ' I subject to approprlatlon, the Service Resource Center for children i who are deaf and hard-of-hearing and have emotional or behavioral problems. It also creates the Deaf and Hard of Hearing ' Comnission. The Comnission is to serve as a coordinatinq and advocating body that acts on behalf of the interests of persons in Illtnois who are deaf or hard-of-hearing . The Commission shall develop, recommend, evaluate and promote programs and services to 11 I I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ; assist the deaf and hard-of-hearing programs. I would be glad to I ' I j answer any queseions. 1 I PRESIDING OPFICER: (SENATOR WEAVER) I I I Senator Carroll. I I I SENATOR CARROLL: I I Thank you, Mr. President, Ladies and Gentlemen of the Senate. I ' I As jotnt sponsor, I rise in strong support of this legislation, I i I would urge a1l Members to look carefully and vote positively on I I this legislation. I think it is absolutely imperative, in these ' I I times When they're talkinq about consolidation of agencies, that I I I these people of special need - the deaf - have an absolute place I i to go to make sure that their needs are being accommodated by the i I i State, and I would urge everybody to be supportive. I I I PRESIDING OFFICER: (SENATOR WEAVER) I I Senator Garcia . I 1 I SENATOR GARCIA: I I Thank I you, Mr. President. Would the sponsor yield? I I PRESIDING OFFICER: (SENATOR WEAVER) l I I She indicates she would. I I SENATOR GARCIA I : I I Thank you. Senator Parker, for the benefit of the Body, I'd I I I like to raise a couple of questions that T raised in committee I I regarding this bill. And I'd like to: for the record, indicate l j I that I intend to vote for the bill, because I've heard from I I I constituents who are deaf or hard-of-hearlng, and I think it's ! I probably a good bill. But ko enrich a discussion here, I'd like to l i I ask you a couple of questions. In this age of downsizing I I government, Why are you adding more bureaucracy per the creation : I of this Commission? ' PRESIDING OFFICER: (SENATOR WEAVER) I Senator Parker. ' SENATOR PARKER: . I i 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION i SENATE TRANSCRIPT 90th Legislative Day March 28' 1996 We are not adding more bureaucracy. Whak We are doing is having a commission that will more efflciently serve the needs of the disabled in this State, as far as the deaf 9o. ln Peorfa, just a couple of years ago, there was a deaf family - very often, men and women who are deaf Wll1 be marrled; they had a child. They used their TTY to contact 9-1-1, and the 9-1-1 never responded and their child died. There are issues in this State that not -- have not been met for the deaf community, and if you can put the deaf people in charge of coordinating the services throughout the State, by technical assistance, you can actually end up being more efficient and saving money in the long Eun, and certainly lives.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Gareia.
And my second question, and I appreciate that answer: This Commission that is formed, What Will it do that the Department of Rehab Services and other exlsting agencies that deal with the deaf and hard of hearing do that -- what will this Commission do that these other agencies are not presently or can't do?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Parker.
For the record, if DORS were able to do this, if DORS had done thks service, I wouldn't be presenting this bill. Department of Rehabilitation Services is for vocattonal issues. It is not an area that can coordlnate among *he State, as far as deaf issues go. We need certificatlon of inEerpreters. That has not been done. For exanple, so that you know, there was also an interpreter whose father is deaf, and he had a heart attack. And he went to the hospital and Was in intensive care and needed an operation. If his daughter hadn't been there to interpret for him 13 1 1 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day Mareb 28, 1996 1 - there was no access to an interpreter; there was no place to call for twenty-four-hour service, which can be done privately; it does not have to be done by the State, but there was no comnunication - he Wouldn't have had any with those and the doctors. DORS hasn't done that. They can't do that. This is effective, and there are twenty-seven other states that have commissions for the deaf, and it is on the rise because it is nare efficient.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Garcia .
And I appreciate that answer, and this will be my final one. What is the flscal impact of the blll?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Parker.
It depends on whose figures you read. The fiscal impact that DORS had I believe was high . So that you know, they did put -- it was a million and a half to two million dollars. I do not think that that's right. They only had a paragraph. They had no substantiation on how they came to that cost. I have a lisE. In Missouri they do this for two hundred and twenty three thcusand. There are areas which can be done up to five hundred thousand. The point isz the money is actually allocated by the Leglslature. It will be up to us how nuch we fund this, but we need the mechanism first.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Jacobs.
Would the sponsor yield, Mr. President?
PRESIDING OFFICER: (SENATOR WEAVER) She indicates she would. I 14 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 i
I think, açain - I agree with Senator Garcia - what wedre i doing here is noble. The only questlon I have is: Are Wey in I fact, passing legislation that has no funding and, therefore, i really selling a pig in a poke to people that think they're going 1 to get some assistance? I PRESIDING OFFICER: (SENATOR WEAVER) ' i Senator Parker. 1 SENATOR PARKER: . j Absolutely not. You know as well as I that We need to have i this function. And we are in the budget process right now. I i would be hopeful that if this passes, and it passes the House and I i goes to the Governor's Office and is signed, that then there will I : be funding available. In Missouri, when they established the I ( I conmkssion for the deaf - and they only spend two hundred and J thirty thousand - it did take a couple years before they were funded, but even With a small amount, they can help s' tart I i : coordinating the services that they need in this State. j ; PRESIDING OFFICER: (SENATOR WEAVER) I i Senator Jacobs. I SENATOR JACOBS: I i Well, again, you knaw, it's hard to -- to do some of these I / things that we really don't know where we're going to get that 2 I fundkng. As you indicate, you hope that if -- if it passes the House and it passes the Senate and the Governor signs 1t, that 1 there will be fundlng, but *he budget process will be completed j then. So I quess my question is: Is this really a bill that will j truly take effect next year because it has a better chance of I receiving funding next year, or do you figure that somewhere alon: i i the line the Gavernorjs going to be able to find monies available i in some other department to help pay for this? :
PRESIDING OPFICER: (SENATOR WEAVER) i 15 ; STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ! Senator Parker. I SENATOR PAREER: 1 The deaf community and I have been working on this for about a year now. They very much understand that We may not have funding right away. They understand that funding is a critical thlng. 2 But -- so we are not putting up anybody's hopes that it's goin: to start right away. They understand that. What they're lookëng for is the nechanism , and then we can go further. i PRESIDING OFPICER: (SENATOR WEAVER) I Senator Jacobs. SEKATOR JACOBS: And I was ready to sit down till you brought up that question again, but how do we proceed -- you know, your first part of the answer was that, yes, it probably will be next year before we really get into this thing, but then you turn around and skate thatit'll--it'11startimmediately. HoWdoyoustartsomething 1 immediately Whenever you don't have any money? 1 PRESIDING OFFICER: (SENATOR WEAVER) Senator Parker. SENATOR PARKER: I'm -- I did not mean to say that. Okay. So i: must have been misunderstood. Thanks. PRESSenator IDINGOFF ICER: (SENATORWEAVER) Demuzio. 1 SENATOR DEMUZIO: Thank youe Mr. President. Let me indicate that I rise in support of the legislation. 1 have the Illinois School for E/e ' Deaf and Hard of Hearing in my district. I've been trying to pass something like this foE a number of years. My compliments. And . it's going to be a long day. Let's get on with the program and pass (t. ' PRESIDING OFFICER: (SENATOR WEAVER) I 16 i I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Senator Bowles. SENATOR BOWLES: Thank you, Mr. President. This is going to be a rather naive question. I notice that DORS is opposed to this particular plece of legislation. Can I ask Why? j PRESIDING OPFICER: (SENATOR WEAVER) I Senator Parker. I SENATOR PARKER : That's an interesting questionz because when they were going around the State - and the deaf held meetings around the State so it would be convenient for other deaf people to come in those communities - there was a representative from DORS there at the j table. And the communication that the deaf communlty got from DORS was that they would be supportlve of this, which just I indicates how difficult communication is. So they were surprised that they werenft. And as I say, I'm not quite sure why they arer except naybe agencies try and protect their own turf in ways. Maybe they see this as a threat. It is not. It is something separate. PRESIDING OFFICER: (SENATOR WEAVER) I i Is there further discussion? Senator Parker wish to close? If not, the question is, shall Senate Bill 1440 pass. Thcse in 1 favor: vote Aye. Opposed, Nay. The voting is open. Have a11 voted Who Wish? Have a11 voted who wish? Take the record. On i that question, the Ayes are 54, the Nays are none, none voting I Present. Senate Bill 1440, having received the constitutional 1 majority, is declared passed. For what purpose Senator Cronin i arise? SENATOR CRONIN: ' Thank you, Mr. President. For a point of personal privilege. i PRESIDING OFFICER: (SENATOR WEAVER) State your point. 17 I STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28# 1996 . I q SENATOR CRONIN: I Thank you. Mr. President and Ladies and Gentlenen of the Senate, I'd like to introduce to the Senate and others to four important families from the mi:hty City of Elmhurst: We have the I Bradley, Gockman, Cary and Schmitz family in the gallery on the I Republican side. The rear gallery. Please stand and be I . I recognized by the Senate. I PRESIDING OFFICER: (SENATOR WEAVER) l I 0ur guests please stand? For what purpose does Senator I Geo-Raris arise? i i SENATOR GEO-KARIS: I For a point of personal privileqe, Mr. President. I i PRESIDING OFFICER: (SENATOR WEAVER) i State your point. , I
I Mr. President and Ladies and Gentlemen of the Sena*e, it's my I pleasure to introduce to this Assembly a véry distinguished 1 I gentkeman from the City of North Chicago, Whlch is serviced by I Senator Barkhausen: Oliver Washington, Jr., who is the Director i I of Hunan Resources from Lake County. Would you help us welcome I Mr... i I PRESIDING OFFICER: (SENATOR WEAVER) 2 Our guests please rise? Senator Parker, on 1442? Out of the I record. Senator Pawell, on 1448. Read the bill, Mr. Secretary. I I SECRETARY HARRX: I Senate Bill 1448. I I (Secretary reads title of bi1l) i 3rd Reading of the bill. ; I PRESTDTNG OFFTCER: (SENATOR WEAVER) I Senator Pawell. I i SENATOR FAWELL: I Thank you very nuch. This b1ll was brought to me by the i I I 18 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ! 1 Outboard Marlne Corporation group. They have been having a I I problem at the trade shows. They have been allowed to sell their I I boats. These boats usually are on a trailer, and under the i I present laN - because kind of a glitch in the law - they have not I 1 b i een allowed to sell the trailer. The same problem is true with 1 I mini motor homes, van campers and recreational trailers. So they I I are all included in this that they may sell by off-site sales. I I The Secretary of State and the NeN Car and Truck Dealers I I Association have no problem with this bill, and I would ask for I i your favorable vote. . I I PRESIDING OFFICER: (SENATOR WEAVER) 1 i i Is there discussion? If not, the question is# shall Senate ; i Bill 1448 pass. Those ln favorz vote Aye. Opposed, Nay. The i I voting is open. Have a1t voted who wish? Have a1l voted who i I wish? Take the record. On that question, the Ayes are 55, the ' I Nays are none: none voting Present. Senate 3i11 1448, having 1 i recelved the constitutional majority: is decléred passed. Senator j ' I Woodyard, on 1473. Read the bill, Mr. Secretary. i i SECRETARY HARRY: I I Senate Bill 1473. I I (secretary reads title of bill) I I 3rd Reading of the b111. i i PRESIDING OFFICER: (SENATOR WEAVER) 1 ' I Senator Woodyard. I ' i SENATOR WOODYARD: 1 i Thank you, Mr. President and Menbers of the Senate. This bill i I is really the Departnent of Agriculture administration bill. The l underlying part of the bill is mostly technical changes to about ' ! six Acts withtn the Departnent. An amendment gas -- uas added ' that Was agreed to by Departnen: of Agriculture and Department of i Revenue and supported by the Farm Bureau and several other farm ; ' i organizations, which would transfer the certification of gasohol I i ! I 19 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 from Department of Agriculture to Departnent of Revenue, and that's what the bill does. I Would solicit your support. PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 1473 pass. Those in favor, vote Aye. Opposed, Nay No. The votlng is open. Have a1l voted who wish? Have all voted who wish? Take the reaord. On that question, the Ayes are 54, the Nays are nane, none voting Present. Senate Bill 1473, havlng received the aonstitutional majority, is declared passed. 1486, Senator Raica? Read the bill, Mr. Secretary. SECRETARY HARRY: Senate Bill 1486. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR WEAVER) Senator Raica. SENATOR RAICA: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Under current law, the -- certain certificates can be revoked by on school teachers for like public indecency, assault, criminal sexual assault, and al1 We're doing here is adding three addltional charges: first degree murder, attempted first degree murder and Class X felonies. It passed out of the Executive Committee on a vote 11 to 0, and I Would just ask for a favorable roll call. PRESIDING OPFICER: (SENATOR WEAVER) Is there discussion? If noee the question is, shall Senate Bîll 1486 pass. Those in favor, vote Aye. Opposed, Nay. The voting's open. Have al1 voted who wish? Have all voted Who Wish? Take the record. On that question, the Ayes are 55, the Nays are none, none voting Present. Senate Bill 1486, havln: received the constitutlonal majority, is declared passed. Senator Lauzen's 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28: 1996 ' I 1 asked leave to cone back to 1490. Is there leave? Leave is granted. Senator Fitzgerald, on 1494? Read the billy Mr. Secretary.
Senate Bi11 1494. (Secretary reads title of bill) 3rd Readinç of the bill. 1
PRESIDINGOFFICER: (SENATORWEAVER) Senato 1 1 r Fitzgerald. i l SENATOR FITZGERALD: I I Thank you, Mr. President, Ladies and Gentlemen of the Senate. I l Senate Bill 1494 provides that before settling a class action I j lawsuit, which may or will cost the State more than ten million dollars, a State officer or chief executive officer of a State I ' I agency must ask the Bureau of the Budget to prepare an analysis j I for the Governor and the General Assembly, which discusses the 1 settlement'sprobableimpactonState'sappropriationsandbudgets for the next five fiscal years. And within sixty calendar days 1 I I after receivlng the analysis, the General Assembly, by adoption of a joint resolution/ may d#sapprove thesettlenent,andëftbe General Assembly disapproves, the settlement can'E take effect. 1 1 j A I nd I'd be happy to answer any questions. I PRESIDINGOFFICER: (SENATORWEAVER) 1 1 Is there discussion? Senator Berman. 1 SENATORBERMAN: i j Thank you, Mr. President, Ladles and Gentlemen of the Senate. I stand in opposition to Senake 9i11 1494. Now, if I didn': wear I l the hat of a State Senator, I'd probably be very much in favor of 1 i this bill, as a -- as a private attorhey, if I could represent $ I clients in claims against the State of Illinois. This gives a -- i i I this bill would give a Wonderful advantage to clalmants who have l 1 claim agalnst the State. This -- I understand Where the sponsor 1 1 I 1 21 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leiislativo D8y March 28, 1996 l is coming from and the frustration, many times: that ge have With I ) settkements that are involved in litigation, but I've got to tell I YOkl bhab thiS haS to be a PrOCeSS that rema1ns Wlthin the contro1 i 1 of the executive depattment. The Attorney General is the State 's I lawyer. They have to have the authority to handle negotiations, i i handle litigation, and do What is best, in their opinion, for i their client, namely the State of Illinois. If theylve :ot a -- if i our lawyerz the Attorney General: has to cone back and submit to i i us all of the details regarding a settlement, forget it. There I won't be any settlements. And the -- you're givins a Wonderfut i advantage to the opposition, khe people that are making claims against the State of Illinois. So, as a State Senator, I strongly oppose this bill. PRESIDING .OFFICER: (SENATOR WEAVER) ' Senator Collins. i SENATOR COLLINS: l i Thank you, Mr. President and kembers of the -- the Senate. i The point raised and made by Senator Berman was repeated over and i I over and over throughaut the hearings held by the Senate Executive l Committee, and he is absolutely right. Even though the amendment i i that we put on in the comnittee, I think yesterday or day before, i made the bill a little better than it Was, it still is a bad idea, because it -- the thirty -- the sixty days# and let ne -- i I 1et ne telt you about the sixty days. It says that if the i Legislature -- they have sixty days to act on any proposed consent 1 i agreement nade by the -- the parties, and if the Legislature is 1 not in Session, and if the -- the four Leaders -- it didn't say I ; this. It is teft up to the four Leaders to determine when and lf the Legislature should come in Session, if We lre out of Session, i to act on those agreements. And if, in fact, that this settlement ! is more than the threshold of ten million dollars, and the four ! Leaders get togekher and say, ''Well. it doesn't matter; it's a i i I 22 E i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I I $ hundred thousand dollars in this case, and we Won't call the I I Session in order - the General Assembly to orderr'' and therefore, ' I I it's okay. There's no standard criterla by Which this Legislature i will have -- the Leaders Wilt have to call us back in Session. It's jusk arbitrarily, and they can do it on thelr oun. Wekl, ' they may be honorable Leaders, and fine. But I don't think the people of thls State -- is -- is turning over the responslbillty of this Chamber to the four Leaders. Yes, they are the leaderl, but this is something very serious. And Senator Berman is right: There's no point for the -- for the Attorney General's Office to attempt to enker into any agreement, if that agreement can be and Will be overturned by the Legislature. And they cannot bargain in good faith . So why should anyone Who is suing the State of Illinois or any of those departments even bother to sit down and negotiate? Now, no one is that crazy: and you know it and I know it. Those agreements are not going to take place. And if we donlt do something on education - ahd I said it in committee and I'm going to keep sayln: lt - you're qoing to have one of the largest class action suits in this State as to how we fund the -- in gestures and in imperatives -- in the uay ue fund education in this State. It has happened in other states, and they're qoing to be -- Ehe opportunity for consent, naybe, agreement, and we wlll not -- no one will sit down and negotiate it if we pass this bill. So I -- I say you better think very hard before you vote on this bill, and vote No.
PRESIDIKG OFFICER: (SENATOR WEAVER) Senator Fawell.
Thank you very nuch. I sat on the Appropriation Committee for about Een years, and durinq those ten years, I saW tWo very large settlements, which Were made by not the AtEorney General, but by another attorney that was brought ln by khoever. The last ' 23 . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislatlve Day March 28, 1996 i I settlement that was made required this State ta come up With I I . nillions of dollars to hire caseworkers for DCFS because sone I I federal judge decided, in his great Wisdom, that that was golng to I I solve all the problems of DCFS. I saldy at the tine, it Was not I going to solve it; in fact, it was going to compound the problem. I I And that1s exactly What happened. We have noW hired caseWorkers 1 I that aren't even really qualified for the job, because we couldn't l I find enough caseworkers that were qualified. But we were under i I court order. I was told I didn't understand. This was a federal i i judge. Well, 1et me clue you in: Having been married to one, I l they put their pants on the same Way as anybody else. He didnlt l I know what he was talking about then. He still doesn't know what i I he's talking about. Just because a judge decides, in their great I I wisdon , that they know hoN to run the Legislature, I don'E think I 1 we shauld have to go along with it. This is a good bill. This is I I our prerogattve on how the money of the State is spent, not some I I federal judge, and we ought to all vote for this bill. I I PRESIDING OFFICER: (SENATOR WEAVER) I I Senator Carroll. I 1 SENATOR CARROLL: I I Thank your Mr. President, Ladies and Gentlemen of the Senate. I i Maybe we could say to the last speaker that her comments werey ''I I 1 tried that, I didn't like thak.'' Right? Aside from that, though, I I I think thls is a bad bill for different reasons, and we have 4 I approached this before. I think the Nay We resolved it in the I I past, when people were working tosether, made a 1ot more sense. I I I understand the Republican frustration in havlng an administration I I that can 't run departnents and havtng had federal courts take I I over those departments because of the inability of the Executive 1 to go in there and do that which is the people's Will. I ' understand the concern on the Republican sfde on education i I funding. And as Senator Collins said, a court may cone in and i I I 24 I j ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28: 1996 I 1 say, ''You haven't even met the vaque constitution that we already 1 haver'' and that people have a right -- kids have the right to have 1 the majority share of their education funding come from *he State. What we have done in *he past though, as Senator Maitland and others know, is when we had a similar situation with State enployee collective bargaining, and there was a concern that that l agreenent come back to the Gineral Assembly as a coequal in 1 government and not be Executive only, ue created a procedure. And i I understand; Lawyers in federal caurts, obviously, do not settle j the cases; it is their client Who settles the case. And the 1 , I question is: Are we the client or the Executive the client? But l the Executive has to approve these settlements. What Ne did 1 i Wiv; 66266 CS9iOYCCS WZS; VZ$hSf QMZZ 5C$ iRbO UhC SZZC VXPC 06 j QX2M&ire Where We may nOb be here, We may nOt be Called in, l i et cetera, and we may be findkng ourselves in contempb of some I federal court, we created, by rule of the four Leaders, that each i ; I Leader designated a person - it was generally the Approp Chair or 1 Minority Spokesman - to be available for conference-call approval i I of settlements before the Executive Would settke. And they called i us - the Deputy Governor called - had a conference call, went through the terms of that particular negotiated agreenent, I i answered questions of the designated pecple for each of the four j caucuses, before a settlement was signed off by the Chief I Executive. To me, that's the smart way to govern, not this way, j i and I would urge its defeat. I PRESIDING OFFICER: (SENATOR WEAVER) ' Senator Dillard. l ;
I 2 I Thank you, Mr. President, Ladies and Gentlemen of the Senate. I Would the sponsar yield for a question? I I PRESIDING OFFICER: (SENATOR WEAVER) j He indicates he would. i I I 25 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leçislative Day March 28, 1996 I
Senator Fitzgerald, what is the official position of Attorney General Jim Ryan on your legislation?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.
Well, that's very interesting, because he opposes it. And it's interestinq because he takes the position that he, personally, can settle a case. When Jin Edgar is sued or a department head is sued, he takes the position thak he doesn't have ko consult with Jim Edgar or *he department heady that he can settle the case, and that, therefore, this is some kind of limitation on his powers. Well, I happened to follow up and do a little research on that, and it turns out that unless you are, in fact, a named party in the lawsuit, you can't settle it. ïou can advise your client to setkle it, you can counselr but you canbt, yourself, settle lt. So the whole basis for his objection, as far as I1m concerned, is erroneous.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard.
Another question. What's the posltlon, if you know, of the ACLU - the American Civil Llberties Union - on this?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald.
The ACLD: which collected a million four ln legal fees out of khe DCFS litigation and which is trying to concoct other class aetion suits, is opposed. This would implnge on their pocketbook, 1 and they resent the loss of revenue. j PRESIDIHG OFFICER: (SENATOR WEAVER) 1 Furtherdiscussion? SenatorPalmer. SenatorPalmer. 1 I I 26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ' I i I SENATOR PALMER: I I Thank you, Mr. President. Question of the sponsor. I i PRESIDING OFPICER: (SENATOR WEAVER) i Excuse me. Go ahead, Senator Palner. i i SENATOR PALMER: ' Question of the sponsor. ' i PRESIDING OFFICER: (SENATOR WEAVER) ' i Indicates he would yield. ' I SENATOR PALMER : I I I Senator Fitzgerald, as I look at this, I'm concerned that this i i abrogates one of the most fundamental aspects of the Constitution, I I and that is the separation of powers. It seems to me that in this I i bill what you are doing is taking away the constitutional powers i i of the Attorney General and shifting them to the Legislature: and I I it would seem to me this is why we have that separation of powers. I I Is that your reading as well? I I PRESIDING OPFICER: (SENATOR WEAVER) ' Senator Fitzgerald. i I i SENATOR FITZGERALD: i i Article XIII, Section 2(b) of the Constitution reserves to the i i General Assembly the power to nake appropriations. What you have I I golng on in Illinois now is there are a bunch of agencies that are I upset that the General Assembly hasn't appropriated enough money I I to ehem. so what theyfve been doing is they've invited class ! I action laWsuits from the ACLU, the MacArthur Foundation and other i 1 groaps, and said, ''You sue us in a class actlon suit; we'll enter i I a settlement agreement, and then we 'll come back the next year to ' I the General Assembly as say, 'Oh, sorry, guys; We got a court ' order; you have to pony up another five hundred ntllion''' or, in ' ; the case of DCFS, another billion dollars to our department. And ' what this bill does, it doesn't interfere or limit other peoplels powers, because they don't have the power to, in effect, i 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 9ûth Legislative Day March 28, 1996 I appropriate money . Only we do . This bill prevents other branches of government from increasing their powers to exercise powers khat rightfully belon: to us under the State Constitution.
PRESIDING OPFICER: (SENATOR WEAVER) Senator Palmer.
Thank you. Thank God for the founding fathers, because one of the most fundamental things - and I donft have the reference here but theconstktutëonal language also says that the Attorney l General shall perform such duties as nay be prescribed by law, and that does not authorize us to take that away. The Illinois Constitution specifically speaks to the violation of the separation of powers. So I think that this is in danger of eroding those powers. I would hate to think, if the shoe Were on the other foot, that therewere-- was body sitting somewhere 1 suggestin: thatwehave no right to the appropriation part of l 1 this. So, I think it's a very dangerous direction to go in.
PRESIDING OFFICER: (SENATOR WEAVER) Excuse me, Senator Dillard, T cut you off.
Thank you, Mr. President. I appreciate you coming back to me. I wasn't quite finished. I did ask Senator Fitzgerald a couple of questions, and now I rise in oppasltion to the bill. The General Assembly is responsible; Senator Fitzgerald, and you arez Without a doubt, one of the two or three staunchest defenders of the treasury of the State of Illinols, and I very much appreciate what you're doing here. I feel your frustration With court orders and consent decrees, you know, that the State has faced over the years as nuch as you do, and -- but this bill, I thiak,rakses 1 fundamental constitutional questions regarding the Attorney j General's ability and authorlty to direct cases of 1aw involving the Stake of Illinois. Case law, if you look at it, since the I I 28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28z 1996 I State's inception and especially since our 1970 State Constitution, clearly gives the Attorney General the constitutional authority to handle litigation on behalf of the people of Illinois and it's also -- follows up in -- in common law, as well. This bill takes away those powers. I Would remind people that throughout at leask my adult political ltfe, there have been denocratic Attorney Generals of Illinois: Neil Hartigan and Roland Burris. So this is not a partisan bill. In fact, a Democrat has held that office nost of ny -- my life in State government. But I guess my real problem with this bill comes from my experience as a lawyer. Why would we tell the other side: in writing, what the heck our strengths and weaknesses are in our case? That is ridiculous. That is khy the ACLU is not in I l opposition to this bill. Theyfre outside this Chamber saying, i ''This is wonderful. Wow! We get handed on a silver platter a11 I of the weaknesses in the State of Illinois' case.'' And that's l just crazy. That's just ridiculous, io hamstring our lawyer. 1 Whether we llke he or she, the Attorney General of the State of I Illinoisz you can't hamstring yourself; you can't give away your i case like that. There is no privilege in Whatever the General I Assembly would receive from the Attorney Generat's Office, and one i i of the things that holds down the cost of litigation for this I State is tbe ability for the Attorney General to talk to his 1 client on a privileged basis. Why would we bring *he ACLU into I our prlvate discussions? So, nore than anything else that should tell you khat this bill is not going to save khe State of Illinois money, but will drive up the case, is that we 're going to tell the other side what a11 our weaknesses are so they can btlk us for I more money. This is a bad bill. It violates the Constitution of I ! Illinois? and as much and Well-intended as the sponsor is, this I bill will cost the State of Illinois significant neW dollars over i the future years. I 29 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis. SENATOR GEO-XARIS: Sponsor yield for a question? PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would. SENATOR GEO-KKRIS: Was your bill amended to provide settlements of class actian suits? PRESIDING OFFICER: (SENATOR WEAVER) Senator Fitzgerald. SENATOR FTTZGERALD: Yes. It only applies to class action sults involving more than ten million dollars in cost to the State. That's got to Very, Veryr Very, Mezy few cases. PRESIDING OFFICER: (SENATOR WEAVER) Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, the Assembly is empowered to nake the appropriations. I don't think We're taking any power away from the Attorney General. He negotiates. He does the trial Work, and he has to present a bl11 for how nuch. The fact that he has ko consult with the General Assembly in cases involving class action suits of over ten mikllon dollars, I thtnk, is only common sense. I don't think it's a vialation of separation of powers at all. I think it's a safeguard that we don't get stuck with millions of dollars of settlement suits that others have incurred. I know of one casey DCFS, a private 1aw firm charged a million dollars to settle a case for a million dollars. So I Ehlnk that's ridiculcus. So I think we ought to be in step with trying to save money for the State, and support this bill. I don't think itfs unconscionable 30 k ........ ...... ... - .. . STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ! PRESIDING OFFICER : (SENATOR WEAVER) I i Senator Rauschenberger. i I SENATOR RAUSCHENBERGER: j Thank you Mr. Presldent, Ladies and Gentlemen of the Senate. i , I I rkse in support of this bill. It doesn't surprise me at a11 I i that some attorneys think that the courts are the best place to i I make decisions. The Senate and the House in Springfield are 1 elected to represent the people of the State of Illinolsz and no l i federal judgez no State judge, no attorney, no Attorney General 1 i should be empowered or should be permitted to make policy I I decisions for the State of Illinois. This bill does not prevent l the State of Illinois from bein: litigated agalnst. It does not ' prevent a judge from making a decision. But We should be bound by i court declsions constituttonally, not by consent decrees, not by I well-intentioned people trying to do State policy in courtrooms. l i State pdlicy should be a process that we work in the General l 1 Assembly. It's the responsibility of us elected. The current i i consent decrees we operate under today probably have an impact i together of almost a billion dollars of the I I thirty-five-billion-dollar State budget. For the last four or I I flve days we've been argulng about a shortfall of four hundred j ' j million dollars in education funding. If we Weren't bound by i consent decrees by well-intentioned federal judgesr to decrees and I I consents that don't make sense, we might not have an education I 1 funding problem. I rise in enthustastlc support. It's about time j i we send a message that the -- the purse and the pocketbook and the I revenues of the State of Illinois and the public policy is for i i elected Members. Thank you. : I PRESIDING OFFICER: (SENATOR WEAVER) I Senator Fitzgerald, to close. i I SENATOR FITZGERALD: I i I 31 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Thank you, Mr. President, Ladies and Gentlemen of the Senate. I have the State Constitution here. Article V , Section l5: the Attorney General: ''The Attorney General shall be the legal officer of the State, and shall have the duties and powers that may be prescribed by 1aw .'' We prescribe the laws. That's a11 that that says. That's the only power in the Constitution for the Attoraey General. The Attorney General is the lawyer for the State. He cannot settle a case without consulting his clients. I'm sure Senator Berman, who is a great trial lawyer, never goes and settles a case Without consulting his client. You can't do that. He doesn't have the authority to do that. This applies to a very narrow class of case: class action suits over ten nillion dollars in fiscal impact to the State. Senator Dillard, you said that the ACLU was in favor of this bill. If they're in favor, I'm surprised, because they testified in conmittee against it, and sat there for an hour testifying against it. So I -- 1 really don't believe that they -- they may be trjin: to say that or something to score pointsr but that doesn't square with their actions. We are now in a position where we actually have a rash of lawsuits being filed, and there is a 1ot of evidence that they have, in factr be solicited by bureaucrats in the various agencies. I want to read you the quote from a fellow by the name of Michael Pelletier, Deputy State Appeltate Defender. Here's What he said. He acknowledged -- there's a suit now brought by the MacArthur Foundation against the -- the State Appellate Defender, and the object is to enter a consent decree that wk1l require the Legislature to give the State Appellate Defender more money. Well here's what Mr. Pelletier said: He admitted that he practically, quote, ''invited the prisoners to file suit to raise thës systemic challenge to the excessive appeals delaysyn 'cause he Was upset he wasn't getting enough money out of the State General Assembly. Well, that's not right. We Were elected to nake the 32 STATE OF ILLINOIS 89TH GEKERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 i appropriations. This is a bill that will give us some kind of 1 say-so and will prevent other branches of government from exceeding their authority by presenting us with fait accompli. I'd appreciate a favorable vote. Thank you. 1 PRESIDING OPFICER: (SENATOR WEAVER) I ' j The question is, shall Senate Bill 1494 pass. Those in favor, j I vote Aye. Opposedz Nay. The voting is open. Have all voted who j Wish? Have all voted who wish? Have a1l voked who wish? Take j the record. On that quesbion, the Ayes are 30, the Nays are 25, i i none voting Present. Senate Blll -- 1494, havin: received the I 1 constitutional majority, is declared passed. 1502. Senator I O'M 1 alley? Read the bill, Mr. Secretary. j SECRETARY HARRX: l I senate Bilt 1502. I I (Secretary reads title of bi11) i 3 I rd Reading of the bill. j PRESIDING OFFICER: (SENATOR WEAVER) . j 1 senator o'Malley. l SESATOR o'MAcczv: i I Thank you, Mr. President. Senate Bill 1502, as anended by Amendment No. I 1, which became the bill, adds neW language to the I CounfiPS Code Or tbe Munlclpal Code -- and the Munlclpal Code to i I outright prohibit any county or municipallty from requirin: a 1 builder or developer to post a cash bond to guarantee completion of a project improvement as lonq as the builder or developer has a letter of credit of at leask one hundred and ten percent of the actual cost of the project on -- cn deposit with the county or I municipality. The developer or -- the bullder or developer may I I also elect to post a cash bond, which the county or municipality I i must register and maintain in a separate account. Such cash bond I must be refunded within sixty days of completion of the project. I 1 Senate Ploor Amendment No. 2, which was offered by Senator Walsh, I i 1 33 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28z 1996 was suggested by the Illinois Municipal League. It takes the same language that Was contained in Amendment No. 1, and also places it within the Public Construction Bond Act. Finally, the anendment requires khat the letter of credit come fron an institution with good and sufficient sureties. J might add that ehese are the same requirements the -- which currently apply in the case of the Capitol Development Board. 1'11 be happy to answer any questions there may be.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? Senator Cullerton.
Yes. Thank you, Mr. Presidentr Members of the Senate. I'd like to indicate that it's been brought to my attention that the Municipal League is opposed to the bill. The Northwestern -- Northwest Municipal Conference is opposed to the bill. The City of Chicago, while they did not oppose it in committee, has noW indicated that they are also opposed to the bill due to the hoie rule preemption. The proponent of the bill would be the Honebuilders' Associationr which is attenpting to address two or three situatlons in which a builder had trouble getting back a cash bond from a nunicipaliky. But I just wanted to point out that those are the opponents. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Is there further discussion? If not, the question is, shall Senate Bill 1502 pass. Those in favor Nill vote Aye. Opposed, Nay. The voting's open. Have a11 voEed who wish? Have a11 voted who wish? Take the record. On that question, the Ayes are 4lr the Nays are 12, none voting Present. Senate Bill 1502: havinç received the constitutional majority, is declared passed. Senator Petka, on 15047 Read the bill, Mr. Secretary.
Senate Bill 1504. 34 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 90th Legislative Day March 28, 1996 1 (Secretary reads title of bi11) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Petka . ! I SENATOR PETKA: l 1 Thank youv Mr. President and Members of the Senate. Senate I Bill 1504 is a shell bill. When I presented this bill in the 1 Environment and Energy Commiktee, T had told Members at the klme I I that th'e legislation was to perhaps compensate for issues which j might arise in connection with the ccnversion of the arsenal -- i I Joliet Arsenal to a possible landfill site. It was my expectabion I at the time that they would have had, already, an operator who i would have been picked, and if any necessary implementtn: ' I legislatton would be necessary at the time, that ge Would use this I bill as a vehicle. Unfortunatelyy the declsion has not been made I I at this point in time , and I Would like to keep this bill alive I for that purposey and for that reason, I would urge an Aye vute. j PRESIDING OFFICER: (SENATOR WEAVER) l I Is there dtscussion? If not, the question is, shall Senate I Bill 1504 pass. Those in favor will vote Aye. Opposed, Nay. The i voting is open. Have a1l voted Who wish? Have al1 voted who I I Wish? Take the record . On that question, the Ayes are 54, the I Nays are none, none voting Present. Senate Bill 1504, having I i recelved the constitutional majority? is declared passed. 1511. I Senator Syverson? Read the bill, Mr. Secretary. SECRETARY HARRY: I 1 fenate Bilk 1511. 1 (Spcrebary reads title Of b1l1) j 3rd Reading of the bill. i I PREGIDING OPFICER: (SENATOR WEAVER) j I senator syverson. I S i ENATOR SYVERSON: I I 35 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Thank you, Mr. President and Ladies and Gentlenen of the ' I Senate. Senate Bill 1511 is downstate property tax caps. This is 1 I the fourth year that wedve run this. It passed last year out of 1 I the Senate With -- on a 44 to 8 vote. The only change in the kax j cap from last year to this year is the measure can only be put on I I the ballot in counties where the county board has approved it to I I go on the ballot, and it affectsy I thinkz thirty-nine or forty 1 I counties that have EAV that excess -- exceeds 1983 levels. 1911 I be happy any questions. Otherwise, just ask for a favorable roll I I calt. I I PRESIDING OFFICER: (SENATOR WEAVER) I I Senator Jacobs. I SENATOR JACOBS: I I Thank you, Mr. President, Ladies and Gentlemen of the Senate. I i I stand in oppositton to this bill, not because I1m opposed to I 1 property tax caps, but it's a no-brainer for those of us in the I Legislature. By passing property *ax caps, we do not a'ffect one l I iota anything from the State, but here yesterday, or this morning, I 1 we read in the paper that the education plan is dead, which would I have given back property tax relief - samething We Would of had 1 l to take responsibility for. Now wefre saying, ''Let's cop out; ' i let's cap the property taxes of those people in downstate i I Illinois.'' They haven't asked us for that. Itm a downstater. My I 11 I people have not come up to me and said, We need property tax 1 caps. H In fact, normally what I hear is the opposlte. This bill l I has been passed by this Body two or three Elnes, goes over to the I I House; it's not acted upon. Why are We doing it again? I PRESIDING OFFICER: (SENATOR WEAVER) 1 Senator Syverson. I SENATOR SYVERSON : I First of all, I can 't agree with you more. Tax caps are not ' meant to solve the problem of our high praperty taxes. We need to i I I 36 ( STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 address that problen, and I certainly support the concept of giving property tax relief. What this does in the meantime for those counties who are suffering -- and that's one of the reasons why we made it by referendum, because then those counties who are suffering from that problem can put this into place. Those that aren't do not have to. This is a -- a Band-Aid to stop the bleeding. It certainly does not cure the -- the problem, but it does stop the bleeding. And that's Why I think We need to continue to move *his -- this legislation forwardz and I think we'll have support this year in the House.
PRESIDING OFPICER: (SENATOR WEAVER) Senator Jacobs.
Well, With 'all due respect, I'm not sure if it's a Band-Aid. I think it's more a sham aqain. Here -- here 's Whatr in fact, truly happens: If you can freeze the property taxes of a11 of -- a11 of the pecple in the Seate of the -- of Illlnois and we continually just ptecemeal give another hundred, two hundred million dollars to education like wedre doing nowy eventually you know what we're going to do? We're going to get up to that fifty percent without actually living up to our obligation. That's the real fact of the matter. That's What's going to happen, and as far as a1l of my mayors, al1 of my county people, everyone I have talked to, minus a few that just say ue need a property tax cap and don't understand why, I don't see any overwhelming desire for this not only in my dlstrict, but throughout the State of Illinois. And we see a11 these things being done in -- in Chicago and Cook County, and then they come back al1 the time and ask for relief from exactly the same thing you're trying to do. It is a continual issue. It's one that continues on, and local governments should be allowed the their self-proprietorship in order to be able to govern themselves. And I think by doin: these 37 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 things, we take that away from local governments? and I ask for a I I uo vote. i PRESIDING OFPICER: (SENATOR WEAVER) i I senator aerman. I SENATOR BERMAN: 1 I Thank you, Mr. President. The thing -- the -- the point that 1 bothers me about this bill is if this Was a few years ago, I think i that we should have taken this approachr perhaps, to the collar I counties and then to cook County. We didn't. We inposed tax caps l i upon them without referendum . If that approach was good for Cook I County and for the collar counties, it ought to be either good or i 1 bad for downstate. I don't know Why there's a distinction here, 1 and therefore, I think that we ought to keep this -- the approach i I uniform. We have imposed it by majority vote and the Governor's 1 signature in the -- in Cook County and the collar counties. That I i should be the way we do it downstate. I . PRESIDING OFFICER: (SENATOR WEAVER) 1 I Senator Welch. I SENATOR WELCH: i Thank you, Mr. President. You know, one of the themes of this j new Legislature that has been taken over by the Republicans has i i been kocal control. If you look around the Chanber, including the Senate President, you'll see a badge that says ''Stop Unfunded l Mandates,'' whtch is the code for givlng more local control. 1 We're doing too much here in Springfield. We're telling the local i i people What to do. And then we come up with this bill that is i totally opposite that Eheory that you folks have been pushing on ' us for the last three years. This is the opposite of giving local control. It's the opposite of believing in your lacal elected officials, and I don't see how you can be over there With a straight face and be pushing for stopping unfunded mandates on the one hand, and at the other hand saying that, '$Well, we dre going to i 38 I STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 tell you What to do. We 're ta lking cantrol of this. We 're goin: 1 ; to stop any taxation you Want above a certain level, because we I I know better.'' You know , we've heard about the story about how I people in Springfield know best, and hoW thatls not true, and 1 suddenly in this case, though, it applies. Now, a11 of a sudden, 1 we know better: and so we're putting this on the people. I think i this is a big mistake. . i PRESIDING OPFICER: (SENATOR WEAVER) I Further discussion? Senator Syverson, to close. i SENATOR SYVERSON: ' Thank you. Senator Welch, regarding kocal control, this is i the ultimate in local control. Currently the taxpayers don 't have ' . I the control over What their local government spends. This says 1 that local taxpayers do have the control. If local government ! wants to increase spending, they have to go by referendum ko the i voters to do it. This bill empowers the voters to have control I over excess spending back home. So I think this is a good bill. i Again, it's by referendum. It's only going to be in place in i those counties where that kind of relief is necessary, and I would ! ask for a favorable roll call. 1 PRESIDING OFFICER: (SENATOR WEAVER) : Question is, shall Senate Bill 1511 pass. Qhose in favor, i : vote Aye. Opposed, Nay. The voting is open. Have all voted who i wish? Have a11 voted who wish? Have a11 voted who wish? Take the i record. On that question, the Ayes are 35, the Nays 16r none I voting Present. Senate 3il1 1511, having received the i constitutlonal majority, is declared passed. 1513, Senator E Maltland? Read the bill, Mr. Secretary. SECRETARY HARRY: ( Senate 3i11 1513. : (Secretary reads title of bill) : 3rd Readlng of the bill. ! 39 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day Maréh 28, 1996
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland.
Thank you very muchr Mr. President and Members of the Senate. Senate Bill 1513: as amended, would allow townships statewide Who do not receive State support for their General Assistance Programy to elect to provide nedical services to their indigent class only for emergency medical care treatment and supplies. If a township chooses to limit its medical assistance to only emergency medical treatment, care and supplies, it must adopt rules to indicate exactly what services they're going to provide. Additionallyr at a minimum, the township must provide emergency nedical care, treatment and supplies to eligible reciplents of general assistance who have a condition which is, number one, life-threatening, or will result in significant and permanent physical inpairment, or requires inmediate attention to relieve significant present phyiical pain and suffering. The amendment also deletes the current requirement in Statute which would require a township provide any necessary treatment, care and supplies required because of illness or disability. Mr. President and Members of the Senate, the bill is supported by the Township Offtcials of Illinois and others. I would appreciate very mueh an affirmatlve vote.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 1513 pass. Those in favor, vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a1l voted who wish? Take the record. On that question, the Ayes are 53, the Nays are none, none votin: Present. Senate Bill 1513, havin: received the constitutional majority, is declared passed. 1513 (sic). Senator Geo-Karis. Read the b11lr Mr. Secretary.
40 STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Senate Bill 1516. (Secretary reads title of bill) 3rd Reading of the bill. i
PRESIDING OFPICER: (SENATOR WEAVER) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate: this bkkl has a front-door referendum. It amends the Municipal Code to increase the maximum tax rate that a municipality may levy to operate ambulances to .30 percent, now .25 percentz by front-door : referendum . The people have to vote on it. Does not apply to home rule municlpalikiesr and it's -- the proponents are the Illinois Municipal League and Northwest Municlpal Conference and i the Illinois Fire Chiefs' Association. We had the situation in my town where we passed a referendum by an overwhelning vote for an ambulance tax, and it was structured on an objective I cost-for-service basis, with the voters knowing exactly what they could expect for thelr money. And it passed by seventy percent of ' the vote. Well, later we found out that we could only levy up to twenty-five percent under State law. So this leaves the fire i department financially unable to provide the level of services. I ask for a favorable vote. PRESIDING OFFICER: (SENATOR WEAVER) 1 Is there discussion? If not, the question isr shall Senate Bill 1516 pass. Those in favor will vote Aye. Opposed, Nay. The votlng is open. Have a11 voted who wish? Have al1 voted Who I wish? Have a11 voted who Wish? Take the record . On that question, the Ayes are 34, the Nays are 19, 1 voting Present. j Senate Bill 1516, having received the constitutional majority, is I declared passed. For What purpose Senator Shadid arise? I
I As a point of personal privilege, Mr. President. 41 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 90th Le:islative Day March 28r 1996 I
PRESIDING OFFICER: (SENATOR WEAVER) State your point, Senator.
On Senate Bill 1511, I'd stepped off the Floor, but I Wanted to vote Ves. I'd like to have the record reflect that.
PRESIDING OFFICER: (SENATOR WEAVER) The record will so indlcate. Senator Philip, on 1522? Read the bill, Madam Secretary.
Senate Bill 1522. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WCAVER) Senator Philip.
Thank youy Mr. Presidentr Ladies and Gentlemen of the Senate. Senate Bill 1522 authorized the Gaming Board to license video gambling machines for naEionally affiliated veterans' and fraternal organizations Who have a charitable game license issued by the Department of Revenue. This would include, Senator Walsh: Knights of Columbus, VFW? Anerican Leglonsr Elks and Moose. They're allowed to have five machines per club. The applicant fee ls: for manufacturers, ten thousand; for distributors, ten thousand; operators, five thousand; establishments, one hundred; and terminals, one hundred, which are annual fees. For the first two years, it has a tax at twenty percenE. After that, it has a permanent tax of twenty-five percent. You 're only allowed to wager two dollars per game, and the naximum prize you can Win is five hundred. You have to be twenty-one years of age. You miqht askorwonderhow Igot into the gamblin: businessrand I have a 1 ' lot of fraternal organizations Eha: are in my district. I have thesecond-larqestVFWintheStateofIllinols, in Bensenville, 1 . 42 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28y 1996 ' I Illinois. Since the General Assembly, in its Wisdom, has authorized the Lottery and the riverboats, well, their sales in I bingos and pull tabs have gone doWn. Now, in the one club that I know specifically - Bensenville - seventy-two percent of their budget goes towards charitable things ln the community, and as you I ' know, you see the veterans and you see them at the parades: and j ; I various functions. And quite franklyy as far as I6n concernedr ; I theylre the good guys. And what this simply dces is put them on . I an equal footing and allows them to get back and healthy agaln. ' i I'11 be happy to answer any questions. Almost every one of those I organizations I nentioned have passed a resolution in favor of this bilk. PRESIDING OFFICER: (SENATOR WEAVER) j Senator Jacobs. SENATOR JACOBS: i Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1 I stand in strong support of this legislation for a couple of reasons. Number one,ImightaddthatIdon'tthinkitgoesfar 1 enough. I tbink if we're going to give it to the clubs, We ought to give it to a1l establishments. But I think even nore inportantly than that, in the Governor's budget he has sixty-seven miltion dollars put in for educatlon: which now -- from gamlng receipts, which now we don 't know where that money's going to come from. So we're either going to have to cut educatlon another 1 sixty-seven nlllion dollars or find other sources of revenue kn . Nhich to come up 71th those dollars. I know that -- Eha: gambllng ' is always a controversy, but, folks, We have gambling in the State of Illinois. Wedre not just a lietle bit pregnant; we are I pregnant. We are the third-largest gaming state in the union, and i we should, in fact, recognize that fact and either stay in the ' I gaming business or get our fanny out of there. I ask for an Aye 1 vote. j 43 i I I I STATE0F ILLINOIS 89TH GENERAL ASSEMBLX 1 1 REGULAR SESSION . SENATE TRANSCRIPT I 90th Legislative Day March 28, 1996 PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? Senator Colllns. SENATOR COLLINS: Thank you, Mr. President and Members of the Senate. I -- I stand ln opposition to the bill? because the perception of the citizens out there is that ganing in -- in the State of Illinois is to -- the proceeds are to go for education. Now, I'm not sure and the verdict is still out on Whether or not there -- What kind of revenue would be generated to the State from these video gaming machines. However, whatever that is, it does not specifically direct it to the Education Assistance Fund, and it should be. I don't think we shculd do anynore gaming until we can -- can -- can be sure and make sure that it satisfted the original intent of a1l ganlng legtslation in this State that it would clearly go for the funding of education, whatever those proceeds may be. And for that reason, I stand in opposition to the bill. PRESIDING OEFICER: (SENATOR WCAVER) Senator Philtp, to close. SENATOR PHILIP: Thank you, Mr. President and Ladies and Gentlemen of the Senate. You know, We al1 do parades. We a1l do picnics . And akl those guys that are going to benefit from this if it passes are at those pienics, at those parades. They're always doing something for the community, and I would ask for a favorable vote. PRESIDING OFFICER: (SENATOR WEAVER) The question is, shatl Senate Bill 1522 pass. Those in favor Wikl vote Aye. Opposed, Nay. The voting is open. Have a1l voted who wish? Have al1 voted who Wish? Have a11 voted Who Wish? Have a11 voted Nho wish? Take the record. On that questionp the Ayes are 31, the Nays are 23# none voting Present. Senate Bi11 1522, havtng recelved the constitutional majority, is declared passed. Senator Dillard seeks leave, as a cosponsor, to handle 44 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSSON SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 1527. Is there leave? Leave is granted. 1527, Madam Secretary.
Senate Bill 1527. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard . END 0F TAPE TAPE 2
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill that Senator Barkhausen received from a Chicaqo attorney. It passed committee unanimously. It's supported by the Chicago 3ar Association and the Association of Retarded Citizens. And it amends the Probate Act and allows a probate court to authorize a guardlan of a disabled adult to exercise a11 powers that a ward could exercise over a Ward's estate, and provides that the action should be in keeping with the ward 's wishes as much as possible . There are plenty of safeguards in it. And I know of no opposition. PRESIDING OFFICERI (SENATOR WEAVER) Discussion? Senator Palmer.
Thank you, Mr. President. Just one quick question to the SpOnSOr.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he Would yield. 45 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996
Senator Dillard, in our analysis, says that the newly appointed guardian may dispose of some of the assets of the the ward. What does that mean? How far does that go?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard.
Senator Palmer, obviously, it's With court approval. So there's a safeguard. The purpose of this bill, I believe, is to protect that -- that ward's estate, and -- and it protects them from tax consequences. You know, they couldn't go so far as to -- they removed the provision Where somebody could, as a guardian, write a will on behalf of the -- the ward . But there 's court protection here, and it's really.to protect, think, the the ward's estate from tax consequences.
PRESIDING OFFICER: (SENATOR WEAVER) Further discussion? If not, the question is, shall Senate Bill 1527 pass. Al1 in favor, signlfy by voting Aye. Opposed, Nay. The voting is open. Have a1l voted Whc wish? Have all voted who wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 1527, having received the constitutional majority, is declared passed. 1543. Senator Maltland. Read the bill, Madam Secretary.
Senate Bill 1543. (Secrekary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Maitland.
Thank you very much, Mr. President, Members of the Senate. Senate Bill 1543, as amended, simply states that a -- a 46 STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 recipient receives any form of public assistance from DPA for which they are not entitled, the Department may determine that there has been an overpayment of public ald. The amendment authorizes the Department to recover overpayment by legal means. It is now questionable whether or not they have this authority, and this simply clarifies in the Statutes that they dor in fact, have the authorlty. I know no opposition. Wauld seek your I support.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If notz the question is, shall Senate Bill 1543 pass. Those in favor, vote Aye. Opposedr Nay. The voting 's open. Havq al1 voted Who wish? Have a11 voted who Wish? Take the record. On the -- on that question, the Ayes are 53y the Nays are none, none voting Present. Senate Bill 1543, having received the constitutiohal najority, is declared passed. Senator ' Rauschenberger, on 1544? Read the bill, Madam Secretary.
Senate Bill 1544. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. r In last year's Budget Implementation Acty when We ceded to the DeparEment of Public Aid the right to draft Ehe rules for hospital i adjustment payments, we failed to put an ending date in the -- in the Implenentatton Act. So: the Department seens to feel that it ny go on in perpetuity. That was not, I don't thlnk, anybody's I intent. This is kknd of a message to them that they had the right to draft it by rule this year. Previously, we've always done it I I in Statute. I move for a favorable roll call. 47 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislattve Day Mareh 28, 1996 '
PRESIDING OFFICER: (SENATOR WEAVER) 1 Is there discussion? If not, the questlon isy shall Senate I Bi11... Excuse me. Senator Trotter.
Thank you. Well, will the -- will the sponsor yield?
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield. SENATOR TROTTER: i Thank you very nuch. Senator Rauschenberger, is lt -- Were you defining 1544?
PRESIDING OPFICER: (SENATOR WEAVER) Senator Rauschenberger.
Senator Trotter, thank you for correcting ne. I explained the wrong bill. , PRESIDING OPFICER: (SENATOR WEAVER) i Start over. You may start over, Senator Rauschenberger.
Then wefll save -- wedll save that -- that explanatlon for the next bill. This -- this is another little small bill that's basically a message sender to the -- to the Executive Branch. This requires General Assembly approval of intergovernmental i transfers involving the Medicaid program. I urge a favorable roll call. PRESIDING OFFICER: (SENATOR WEAVER) ! SenaEor Trotter.
Thank you very much. I do have a questlon on -- on the real 1544.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates hedll yield.
I 48 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 90th Legislative Day March 28, 1996 He will yield? Thanks. Senator Rauschenberger, is this those intergovernmental transfers that the State has with Cook County i Hospital?
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger. SENATOR RAUSCHENBERGER: i If this bill were *o pass unamended, b0th Chambers, and be signed by the Governor, yes, this would affect any intergovernmental transfers -- any intergovernmental agreements I between the Executive Branch of government and Cook County Hospital -- or -- or the County of Cook, yes.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Trotter.
I So, specifically, this is the -- the mechanisn that is presently being used in which that we are getting matchin: funds i from the feds to help fund our Medicaid program . Is this the -- the intergovernnental transfers that you are addressing? i
PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger. l
i No, Senator Trotter. T'm glad you asked that question. Thls does not change the process of (ntergovernmental transfers which take place with the federal government, which allow accelerated funding of our Medicaid program, both through Cook County Hospital ' and *he Unlverslty of Illinols Hospital. Thls deals with : intergovernmental agreements between dlfferent -- between the Executive Branch and -- and other levels of government that might . I operate a hospital. PRESIDING OFFICER: (SENATOR WEAVER) j I Senator Trotter. SENATOR TROTTER: I I l 49 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 i Is the -- the Department of Public -- Public Aid opposed to i this bill? j PRESIDING OFFICER: (SENATOR WEAVER) i Senator Rauschenberger. SENATOR RAUSCHENBERGER: ' It -- Senator, it seems this year the administration, the -- i I and the Executive Branch, in partlcularly, the Department of I ' Public Aid, don't like any of my bills. j PRESIDING OFFICER: (SENATOR WEAVER) j Senator Carroll. I i SENATOR CARROLL: I Thank you, Mr. President, Ladies and Gentlemen of the Senate . I Senator Rauschenbergerr if I understoad your answer, you're saying i that the State can enter into an intergovernmental transfer I I agreement, but cannot enter into an intergovernmental agreement. ; I I mean, could you explain iE a little bit? k I PRESIbING OFFICER: (SENATOR WEAVER) Senator Rauschenberger. I 5 SENATOR RAUSCHENBERGER: 1 Senator, this -- this is, a, prospectlve. So it wouldn't I affect the intergovernmenta1 transfers that we currently have, and 1 probably wouldn't affect anything that's currently going on With 1 Cook County right now involving a -- an accelerated or an I additianal intergovernmental transfer. This is prospective. Sa it I would say in the future, before the Executive Branch could enter ! inko lntergovernmental agreements that they would need approval of I ' j the Generak Assembly by resolution. I
PRESIDING OFFICER: (SENATOR WEAVER) Senator Carroll. 4 SENATOR CARROLL: i So that we can understand it then, let's take a hypcthetical I so that pecple understand What we're voting on. Rlght now, ; 50 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislattve Day March 28, 1996 I there 's discussion of an intergovernmental transfer agreement between the State and the County of Cook. The State has applied and received a waiver from the federal government that allows these extra payments, and now they are -- as we heard in committee, they are in negotiations on the actual intergovernmental transfer agreement with the County of Caok. If this bill passes and is signed by the Governar before that process is completed, hoW would that process be impaeted by the passaqe of this legislation? PRESIDING OFFICER: (SENATOR WEAVER) Senator Rauschenberger. SENATOR RAUSCHENBERGER: If -- if that a11 were to occur - if this bill were to pass . b0th Chambers without being amended or changed and if the Governor would sign this before the Executive Branch entered into an agreement with the County of Cook - the intergovernmental -- proposed intergovernmental agreementbetweenCookCountyand the 1 Executlve-- State ofIllinoiswould bebroughtbefore bothHouses ' j of the General Assembly for approval by resolution. PRESIDING OFFICER: (SENATOR WEAVER) SenatorCarroll. 1 SENATOR CARROLL: A1l right. Let me say then, then, I don't think this has been l thought out that well, Senator Rauschenberger, With a1l due respect. Because in the hypothetical I have ratsed, Which is ' clearly possible, any given year, because we correctly now end our Session and the budget process the end of Mayy but that our fiscal year ends the end of June. I think that ôs -- I always supported that, did, and glad it happened, because it allows everybody that month to knowWhat'sgoing on. However,Whatyouive nowprovided, 1 then,isthatwe'd have to havea SpecialSession because of State j and federalfiscalyearissues. One of the advantages to the 1 I 1 51 1 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT E 90th Leqislative oay March 28, 1996 state of zllinois this year, should they go ahead and if they reach a written agreement with the County -- Cook County, as to County Hospital, the State would garner a gift - a gift - of some ! one hundred and thirty-eight million dollars for Fiscal 696, which would be used and matched to pay o1d bills tc hospitals, nursin: homes, doctors, et cetera, and then get again fiscal -- our Fiscal '97 money. If the hypothetlcal happened and this bill passed, and ! ! then after We 're out of here in mid-May - We hope - and -- and they enter into an intergovernmental transfer agreement, it could not be effective during this fiscal year unless we had advanced a i i resolution before we left, which may not be the case 'cause we may not know about it then. So I would -- it seems to me that We ' should not be supportive of thls at this time. l PRESIDING OFFICER: (SENATOR WEAVER) Senator Jones. 1 SENATOR JONES: Yeah. Thank youy Mr. President. Just brieflyr and I know what Senator Rauschenberger's attenpting to do, but he's treadlng on some very thin ice here, because this intergovernmental E . agreement, as it relate to the -- the feds and the State and the County -- what you are risking here, Senator Rauschenberger, is a possibillty that these dollars -- a portion of these dollars that I the Governor indicates he ls going to use as it relates -- relate to the hospital assessment, we risk the possibility that if the r ' County -- if this General Assembly doesn't give the County what Ehey are entleled tog then Ehe whole program -- the feds could come in and demand back a1l those dollars. Thatfs the possibility. So in turn, the hospital assessment for the hospital I that you are concerned about could be jeopardëzed, as -- as tt relate to the Governor's proposed budget. So I -- I don't think 1 we should be messing with this particular issue. This is a bad piece of legislatton. Xou have not thought it through kn its 52 STATE OF ILLINOIS 89TH GENERAD ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 90th Legislative Day March 28z 1996 I entirety. And I know that the feds release these dollars based on the fact that that county portion would be included. And if the General Assembly sees some reason not to do that, then the entire amount, especially that part as it relate to the portion the -- the Governor has indicated to cut the hospital assessnent, could also be in jeopardy and the State could find itself having to ' repay back those dollars. So I don't think this piece of legislation is in the best interest of the people of the State of Illinois or the General Assembly and we should defeat it. PRESIDING OFPICER: (SENATOR WEAVER) ' Senator Rauschenberger, to close. SENATOR RAUSCHENBERGER: I appreciate everybody's careful aktention to this bill, bu* 1et me reassure you on a couple of points. Senator Jones, ! although I've been busy, I uant you to know We -- we did spend some tine and think this through. This is -- there seems to be ' some confusicn. This is not about the intergovernmental transfers; this is about intergovernmental agreements. Once an intergovernnental agreement is nade, you can have as many transfers as you -- you can use that same agreement to execute the transfers. There 's not an agreement wlth each transfer. We're talking about the relatlonships that the Executive Branch . negotiates regardin: the Medicaid program. Tbat's what this bill is about. It's not about the transfers. There's no risk of having to pay back any federal money. Senator Carroll, 1et me reassure you. I'm a resident of Cook County and Idn also interested in Ehe best interesbs of Cook County and Cook County 1 taxpayers and residents. This is not aimed at -- at Cook Caunty I only. This is ained at letting the Executive Sranch know, again, that they need to participate with us in how they plan the Medicaid program. Let me also tell you that we already have the authority to stop an intergovernnental transfer through the I 53 I i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I appropriation process. So this adds no new authority for us to ' bout sendlng a notice to : punish anybody orharm anything. It sa 1 the Executive Branch. I Would appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR WEAVER) Thequestion is,shallSenateBill1544pass. Thoseinfavor, / vote Aye. Opposed, Nay. The voting's open. Have a11 voted who wish? Have all voted Who Wish? Take the record. On that question, the Ayes are 37; the Nays, l4; none voting Present. Senate Bill 1544, having received the constitutional majority: is declared passed. 15502 Madam Secretary. 1
Senate Bill 1550. i (Secretary reads tikle of bill) I 3rd Reading of the bill. j PRESIDING OFFICER: (SENATOR WEAVER) ; l Senator O 'Malley. ' SENATOR 0 jMALLEY: Thank you, Mr. President. Senate Bill 1550 calls on the ; Department of Aging to develop and implement a statewide senior ; advocacy program through the thirteen area agencies. The program will offer seniors assistance with paperwcrk and red tape and i overcoming the obstacles Which hamper full participation in senior proqrams. The -- program belng su:gested is modeled after the red I tape program Nhich is currently and successfully operating in l suburban Cook County through the collaborative effort between the Suburban Area Agency on Aging, AARP and nineteen community-based l senior service organizations. Over one hundred volunteers are 1 I assisting the elderly in that program in accessing benefits and services. Be happy to answer any questlons there may be. .
PRESIDING OFFICER: (SENATOR WEAVER) r Senator snith. SENATOR SMITH: I i 54 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ' Thank you, Mr. Chairman and to my colleague on the other side. ' 1 merely want to alert the people on this slde of the aisle that the Senate Bkll, 1550, came out of the Senate Public Health Committeez and it WaS voted 6, 1 and 3. And With a1l due respect to my friend: and he just came out of tHe hospital, I1d like to ask the sponsor some questions, if I may, that Was asked to you...
PRESIDING OFPICER: (SENATOR WEAVER) He indicates he Would yield.
... that was asked of him while in committee. And I merely want to brin: this to focus. I Would like to ask him : Senator O'Malley, Ls this program ln the Department of Aging proposed 1997's budget?
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Ma11ey.
Senator Smith, it is not at this time; however, there is an appropriatlon bill offered in the House to address that concern. And that coneern will have to be addressed for this progran to be implemented.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith.
What would the Department of Aging have to cut out in order to fund it?
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Ma11ey. SENATOR O'MALLEY: ! Senator Smkth , the Department of Agtng has provided a fiscal . noteindicatingthatinFY'97the-- the program could cost a 1 million and fifty thousand dollars. I doWanttoemphasize, 1 ; however, that that is their estimate; that's not an estimate that I 1 i 55 j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 necessarily embrace. have suggested to the suburban area agencies and the area agencies across the State that they're going to have to focus in on these costs very carefully. The program is supposed to be primarily driven by volunteerism, such as it has been in -- in suburban Cook County. So it'd be my hope, as this process continues through the balance of this Session, that we'll hone in on what the actual costs Will be and provide the necessary funding and rely primarily on volunteerism .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer. Senator Smith, Would you keep your light on if you wish...?
Thank you. I'm sorry. merely Wanted to ask him then: What is the possibility of the -- of the private sector comlng in to help this progran? Or is there any possibility at all?
PRESIDING OFFICER: (SENATOR WEAVER) Senator O 'Malley.
Senator, the program the pllot program in suburban Cook County was -- the funding for that came from the Chicago Community Trust. You raise a very good point. I would certainly encourage that we rely on resources such as that, as well as private resources. And as I've indicated in my previous comments, have encouraged that the area agencles across the State focus in on what the aceual costs are and -- and how we're going to inplement the program .
PRESIDING OFFICER: (SENATOR WEAVER) Senator Smith.
merely want to say, at this particular time with thlngs e. . ltke they are, Would advise us not to vote for this particular piece of legislation and just vote No, and -- and bring this back 56 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 i 1 again at another time, because you 're putting the Department of Aging in jeopardy. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) He indicates he would yield.
Senator O'Malley, Senator Smith asked about the appropriation for this bill. I know that it has been requestedy I thlnk, but -- it's my understanding tha: that bill is dead; that there is no appropriation. And I'd appreciate if you 'd speak to that. And also, I'm concerned that -- I think this is a laudable idea. And if a1l thtngs were fatr, I would certainly support this. However, I'm very concerned that if that appropriation bill is dead, there could be a serious inpact on the kinds of programs that the Department of Aging is already responsible for - the Meals on Wheels, some of the services thab seniors depend upon - and, especially , I think that what's been done in your area is laudable, but there is no guarantee that private monies will take the place of this. Could you just speak to those concerns, please?
PRESIDING OFFICER: (SENATOR WEAVER) Senator O'Ma11ey.
Senator Palmer, first of all, the budgeting prccess is an ongoingprocess,asyouwellknow:andit'scontinuinghereinthe 1 Senate and itcontinues in theHouse. They don'thave adeadllne. 1 We have a reportinq deadllne today, with respect to the 1 substantive legislation. Againr I -- I couldn't agree more, that khe program -- any costs associated with it are going to have to 1 E 57 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 90th Legislative Day March 28, 1996 i be funded one way or khe other. So that's a necessary component : of What Will have to be done With this particular legislation. So, I respect your concerns; I acknowledge your concerns, but this , is an ongoing process, and it's my hope that your concerns, and mine, will be addressed before the Sprin: Session concludes. l PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue. 1 I SENATOR DONAHUE: i Thank you, Mr. President. I have a question of the sponsor. PRESIDING OFFICER: (SENATOR WEAVER) ( He kndicates he would yield . SENATOR DONAHUE: i Thank you. Senator O 'Malleyy on the analysis -- I voted No for this in the commlttee, not because I don't recognize what -- I hope what I think you dre trying to accomplish. But the question would be: Do you -- does this pay staff people within the Department to provide services, or are the -- is it to coordinate i the volunteers? PRESIDING OFFICER: (SENATOR WEAVER) I Senator O'Malley. k SENATOR O 'MALLEY: Senator Donahue, the -- I believe the -- or, the fiscal impact that was provided by the Department on Aging sugçests that there's going to be a 1ot of administrative expense associated with it. i My empbasis - my encouragement - to the -- the area agencies ls to i rely on volunteerlsm as much as possibler to :et us some hard figures on what the costs will be. I would anticipate that as thls process continues, should this legislation go to the House, ; tha: that will force al1 of that to happen so that we get some clearer answers, because your concern in committee was a legitimate concern and I respect it. And, again, I think this is - - this is a laudable program . I think we would a11 agree with ; 58 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I that. There are still some open questions and theydre going to be I have to -- have to be answered as this legislation hopefully continues into the House.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Donahue.
. .. you. Let me just say something to the bill. I think we have an incredible resource out there that we need to use. We've got programs like SHIP and -- and -- Where people help with insurance costs -- or, insurance questions and things of this nature. And we have the network through the area agencies. And - - and I'm just not sure we want to get into funding it. But I -- I understand where you're coming from. If ge can have your wordy for the lack of a better word, that when come -- things come back -- things happen in the House and they come back here that we'11 -- we'll see hoW it -- and then We'1l go from there. Thank you.
PRESIDING OFFICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: A question for the sponsor.
PRESIDING OFFICER: (SENATOR WEAVER) She -- he indicates he would yield. SENATOR dEL VALLE: Senator O'Malley, are you indlcating - and I want to be clear on this - that this is going to be, as you see it, primarily a voluntary program? PRESIDING OFFICER: (SENATOR WEAVER) ! Senator O'Ma11ey.
Senator: the -- the program ? as it exists in suburban Cook County, is -- is primarily voluntary now. That's the pilot i program that this program is modeled after. So, yes, it is my I 59 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 90th Legislative Day March 28, 1996 hope that that is precisely what will continue across the State. I
PRESIDING OFEICER: (SENATOR WEAVER) Senator de1 Valle. SENATOR dEL VALLE: Well, I -- I would recommend that the bill be amended to reflect just that, because -- I have here a note from AARP. AARP is concerned that there are over seven thousand flve hundred homebound seniors who are waiting for the home-delivered meals 1 program . And so, theydre concerned about this budget. Theydre concerned that the needs of seniors are not bein: addressed, and I 1 think that's why the Department on Aging is opposed to this bill. l I thtnk they'd rather see the resources go into meeting the needs 1 of these existing programs. And so, I Would recommend that your I bill be amended so that it would specifically state that it would be a voluntary program that can make use of -- of private sector j resources in order to operate. I PRESIDING OFFTCER: (SENATOR WEAVER) I I Senator Geo-Karis. I
Mr. President and Ladies and Gentlemen of the Senate, first I have to declare my confltct. I am a senior citlzen, although I prefer to consider myself a seasoned citizen. And I think this is ! I a step in the right direction. As -- and as Senator O'Malley said, the budget processing takes place later. And I think we should give it a chance, because We do have to do some Work to help our senior ci*izens. There are many of them who are very unfortunate and don 't have the means to take care of some of these i services. I speak in favor of the bill. I PRESIDING OFFICER: (SENATOR WEAVER) I Senator Parker. 1 I
Thank you, Mr. President, Ladies and Gentlemen of *he Senake. I I 60 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I ; I want to rise in support of this program . Remember that this is called the red tape-cutter program. We dre dealing with senior citizens. And it can be very nuch more efficient to help them i benefit, to help them access the programs that they need: to help them access thekr benefits, their transportation needs and work r with them. And it's been a successful pilot in suburban Cook County. They have a hundred volunteers working. And that's what's going to continue throughout the State - unpaid volunteers. ë And it's only the adminlstrative part that would be costing the money. And I think it's -- it's a laudable program and that it's : ! efficient. And I Was at a - I guess it Was the other day - the senior event at the Sangamo and AARP members Were there, and I i spoke to AARP about a Week ago, and they're very much in favor of this program. So I Would rise in support of it. i I PRESIDING OFFICER: (SENATOR WEAVER) I I Senator Collins. SENATOR COLLINS: ' i I Why, thank you, Mr. President. I have a suggestion. I would ' ; invite any of you to come by my dtstrict offkce. We provide this kind of servlces to senior citizens, and we have volunteers coming i into our office. Not only do we provide information and -- and , help them to cut through red tape, we even help them fill out their circuit breakers right in -- right in my district offlce. l So if you are really sincere about helplng senior citizens a: a i time when we -- when you don't have the money to fund this 1 program, whlch is a qood program - lt does basically the same ' thing we do in our office -- through our distric* office - you can I do it until such time we can get the money to do it. I'm going to votePresentonthebill, because I think it's a :ood idea. Howevery L* -- it Will -- it doesn't have an appropriation, and 1 thereforey we should not nove this bill forward because of what has been said before - it could, in fact, take away the agency 's I 1 61 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ability to fund much more needed programs. And for that reason, I'n goinq to vote Present. l
PRESIDING OFFICER: (SENATOR WEAVER) Senator O'Malley, to close. SENATOR O 'MALLEY: i 1'11 be very brief. I -- I just want to say that I appreciate all the criticism, as well as the support, that has been offered i by my colleagues. This program, as it exists in Cook County, is driven by volunteerism . I have seen the -- I might add that these j E are not volunteers who happen to be middle-aged, they are primarily senior citizens helping other senior citizens. It's a i laudable program . I think everybody could probably agree on that, or most of us could in any event. And I Would solicit your i support for it. I will assure that 1'11 be looking very closely at how it's going to be funded should this legislation advance to g the House, and 1'11 be encouraqing that we focus in on the actual costs and make sur: that we know some real numbers and facts, and : l 1'11 Work to provide the funding either through the appropriation j process or additional grant assistance that nay be available from i outside public resources. I'd appreciate a favorable roll call. Thank you. i
PRESIDING OFFICER: (SENATOR WEAVER) The question is, shall Senate Bill 1550 pass. Those ln favor, ; signify by voting Aye. Opposed, Nay. The voting is open. Have al1 voted who Wish? Have a11 voted Who wish? Take the record. i I On that question, the Ayes are 47, Ehe Nays are 2, 5 votlng Present, 5 not voting. Senate Bill 1550, having received the constltutional majority, is declared passed. 1556, Senator ! I Palmer? Read the billr Madam Secretary . ACTING SECRETARY HAWKER: ! I Senate Bill 1556. (Secretary reads title of bill) I 62 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day Mareh 28y 1996 3rd Reading of the bill. ! I PRESIDING OFFICER: (SENATOR WEAVER) Senator Palmer. SENATOR PALMER: Thank you, Mr. President. Thls is a very simple bill. It i I received full support in the committee. What it does is add the Director of the Department of Public Aid to the Health Care Worker i Task Force that is coming up in July. I'm happy to answer any questions, and I'd ask for favorable support. i I PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate k I 3i11 1556 pass. Those in favor will vote Aye. Opposed, Nay. The ! voting is open. Have a11 voted who wlsh? Have all voted who I wish? Take Ehe record. On that question, the Ayes are 53, the Nays are none, 1 voting Present. Senate Bill 1556, having j received the constitutional majority, is declared passed. 1556, senator Mahar? Read the bill, Madam Secretary. Excuse me. 1578. i ACTING SECRETARX HAWKER: Senate Bill 1578. I (Secretary reads title of bill) 3rd Reading of the bill. i PRESIDING OFFICER: (SENATOR WEAVER) Senator Mahar. 1 . ' SENATOR MAHAR : ( Thank you, Mr. Preskdent, Members of the Senate. The -- thts repeals the innocent landowner defense and the provisions Eequiring a Phase I Environmental Audtt to establish due dlligence. This is intended to reduce the costs associated with ! site assessment and allow land -- lenders and prospective purchasers to base their site assessments on their ability to absorb the rksks. We passed legislation last fall which makes this provision unnecessary. The second part of the bill expands 63 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 the IEPA'S authority to settle enforcement actions prior to litigation. This passed out of committee unanimously, and -- is brought to us by the Illinois Bankers Association. And I know of no opposition.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bi11 1578 pass. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who Wish? Have a11 voted Who wish? Take the record. On that question, the Ayes are 54, the Nays are none, voting Present. Senate Bill 1578, havin: received the constitutlonal majcrity, is declared passed. 15 -- 1633, Senator Woodyard? Read the bill, Madam Secretary.
Senate Bill 1633. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Woodyard.
Thank you, Mr. President, Members of the Senate. This bill, in its final form, is now -- is really an agreement between the Illinois Feed and Grain Association and the Illlnols EPA regarding dust enissions from grain elevators. There is some grandfathering-ln this. But, I guess maybe it's best if I try to answer some questions you have any. But, needless to say, these dust collectors are very expensive items, and I think thls gill give some relief, particularly to the small country elevators.
PRESIDING OFFICER: (SENATOR WEAVER) Is there discussion? If not, the question is, shall Senate Bill 1633 pass. Those in favor will vote Aye. Opposèdy Nay. The voting is open. Have a1l voted who wish? Have all voted who 64 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 ; wish? Take the record. On that question, the Ayes are 54, the Nays are none, none voting Present. Senate Bill 1633, having received the constitutional majority, is declared passed. 16432 Madam Secretary, will you read the bill? ACTING SECRETARY HAWKER; Senate Bill 1643. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Dillard.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. 1643 is a rewrite of the ccmprehensive eavesdropping 1aw we passed during the Veto Session last year. This is the work of the Governor's Office and the Illinois Retail Merchants Association to scale back the version we passed last fall to redress some of the perceived excesses of last fall's bills. Yhere's a 1ot of safeguards in here. It requiresz in -- in marketing and telemarketing situations now, that When the employer is listening in for purposes of quality control of the types of conversations that are covered by thls blll, that if they find out it does not pertain to the telemarketing activities, they nust immediately stop listening. Moreover, the employer must provide telephones that can be used for personal conversations for their employees, ' albeit they may be pay telephones. I belleve thls is a good compromise. It scales back some of the things that were percelved as golng a little too far last fall. And I'd be happy to answer any questions: Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question isr shall Senate Bill 1643 pass. A1l those in favor will vote Aye. Opposed ' will vote Nay . And the voting is open. Have al1 voted who wish? 65 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Have a1l voted Who wish? Have all voted kho Wish? Take the record. On ehat question, there are 46 Ayesz 8 Naysz none voting I Present. And Senate Bl1l 1643: having received the required I constitutional majority, is declared passed. Senate Bfll 1645. Senator Dillard. Madam Secretary, read the bill. ;
Senate Bill 1645. ' (Secretary reads title of bill) ! 3rd Reading of the bill. PRESIDING OFPICER: (SENATOR DUDYCZ) 1 Senator Dillard. J
Thank youy Mr. President, Ladies and Gentlemen of the Senate. , This bill amends the Downstate Forest Preserve District Act to i allow a site adjacent to mine and Senator Walsh's districts to take an o1d historic home - an underground railroad type of home - ; next to the Graue Mill at Xork and Ogden Avenues in -- near Oak Brook and Hinsdale and allows the privatization. A group has come J forward and wants to privatize this facility. And it make a I ! change in the Downstate Forest Preserve District Act to allow a I group of private citizens to come in, restore this ' hundred-year-old historic home, and qives the county -- or, excuse I J me# the forest preserve district in Dupage County, as well as any county under three million, to allow in and to engaqe in a , licensure agreemene, and it just gives them that ability to I privatize this facility. Ifd be happy to answer any questions. PRESIDING OFFICER: (SENATOR DUDXCZ) I Is there any diseussion? If not, the question is, shall I Senate Bill 1645 pass. All those in favor wil1 vote Aye. Opposed will vote Nay. The voting is open. Have al1 voted Who Wish? i Have all voted who wish? Have all voted Who Wish? Take the record. On that question, there are 53 Ayess no Nays, l voting ! 66 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 j i ! Present. And Senate Bill 1645, having received the required constitutional majority, is declared passed. Senate Bill 1669. Senator Lauzen. Madam Secretary, read the bill.
Senate Bill 1669. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Lauzen.
Thank you, Mr. President. Senate Bill 1669 attempts to solve the following problem: Modeling agencies are bein: foreed to spend a 1ot of money to accountants and lawyers to defend themselves in unemployment insurance audits. Several I administrative decisions have conflrned the fact that models are not employees, that they 're independent on thelr own; however, the audits continue. This bill clarifies that models are independent @ contractors. They will not receive unemployment compensation benefits between jobs. Therefore, agents should not have to pay into the fund those kinds of taxes. Amendment No. 2 elininates the most controversial parts of the bill, covering productlon houses and actors. The bill has bipartisan sponsorship and support. AFL-CIO is neutral, and the American Federation of Television and Radio Artists is in support. I'm aware of no opposition.
PRESIDING OFPICER: (SENATOR DUDYCZ) Is there any dkseusskon? lf notr the questton ks: shall i Senake B11l 1669 pass. All khose in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted Who Wish? i Have all voted who wish? Have al1 voted who wish? Take *he record. 0n that question, there are 53 Ayes, no Nays, 1 voting i Present. And Senate Bill 1669, having received the required I 67 : i STATE OF ILLINOTS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th LegislaEive Day March 28, 1996 constitutional majority, is declared passed. Senate Bill 1671. i i Senator Lauzen. Madam Secretary, read *he bill. 1 I ACTING SECRETARY HAWKER: 1 1 Senate Bil1 1671. 1 I I (Secretary reads title of bill) I I 3rd Reading of the bill. I ! h I PRESIDING OPFICER: (SENATOR DUDYCZ) I ! I Senator Lauzen. I I SCNATOR EAUZENJ 1 ! Thank you, Mrv President. Senate BiLL 1671 also attempts to l h I clarify the treatment of couriers and messenger services as ' l independent coatractors for employment insurance purposes. The i I I source of this legislation is a fellow named Jack Mccauley Who has i ' i been personally involved in fifteen audits and assessments I i i involving five thousand independent contract courier drivers. Not I I i one drew unemployment insurance benefits; howeverp the courier i . I companies had to defend themselves against tvo nillion dollars in ' I taxesy in claims, penalties and interest. The Illinois appellate : I court cases and administrative decisions have explicitly and ' unanimously detailed the reasons why messenger services are not i I required to pay contributions. Again, yete the audits continue . i , I So what this bill does is clarify it I . l PRESIDING OFPICER: (SENATOR DUDYCZ) I Is there any discussion? Senator Garcia. : I I SENATOR GARCIA: t I I I Thank you, Mr. Presidene. Would the sponsor yield for a I I question? I PRESIDING OFFICER: (SENATOR DUDYCZ) i E Sponsor indlcates he will yield, Senator Garcia. i
Thank you. Senator Lauzen, do you have any idea hoW many messengers or couriers this bill might impact on in the State of ; ; I 68 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 i I Illinois? l
PRESIDING OFFICER: (SENATOR DUDYCZ) 1 Senator Lauzen. I SENATOR LAUZEN: l I There has been some confusion in the information that's been i iven to us all, in that some people are saying unemployment i i compensation claims from messenger serviees go for both drivers, i but it's also true that it goes for employees that are hired as -- i I like secretariesy administrators, bookkeepers, those kinds of ! positions. But the best information that we have is that a11 of i 1 those positions at mosty according to I believe it was Illinois I Department of Employment Security, at the very most there are I I three hundred. I PRESIDING OFFICER: (SENATOR DUDYCZ) 1 I Senator Garcia. i SENATOR GARCIA : i 1 Well, I rise in stronq oppdsition to the bill, because I6m not i sure that I agree with that statistic. Bu* nore inportantly, I j I think that this bill creates an kncentive for companies to 1 classify Workers enployed as messengers or couriers as independent I i contractors. And that currently there are messengers and couriers i and other employees that are not classified as such and because of 1 khat are entitled to benefits . This btll Would encourage 1 I companies to not classity tuem as employees and to classiry them i I as independent contractors. inder this bill, they would not i quallfy for unemployment insurance coverage, but it would also 1 mean that they could lose benefits that other enployees receive, i Guch as pensions, health insurance, workers' comp coverage, if I needed. Also jeopardized are baslc labor standards that most i 1 employees enjoy, such as minimum wage, hours of work protection, protection from discrimination. Senate Bill 1671 also continues to destroy a pattern seen in unemployment insurance - the renoval : 69 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I 1 of more and more workers from coveraqe under the Act. For those workers that are truly independent contractors, there already exists a mechanism to exenpt them from coverage under the Unemployment Insurance Act. The three-pronged ABC test is used by the Illinois Department of Employment Services (sic) to determlne whefher an employee is an independent contractor. This test has stood the test of time and should not be circumvented by carrying out exemptions for enployees that pass the test; and therefore, would urge both sides of the aisle to oppose this bill. PRESIDING OFFICER: (SENATOR DUDXCZ) ' Is there any further discussion? If not, Senator Lauzen, to close. SENATOR LAUZEN: 1 Thank you, Mr. President. The reality that -- is that these I -- these people are independent contractors. The court cases and administrative decisions havedemonstratedthis. Tam sensitive j to What Senator Garcia has mentioned in -- in his comments, and so we've made provisions in this bill to exempt those who want to be treated as employees, by giving them the right to be paid in a way other than commissions and to not sign -- an independent contract. So With thatr I just ask for a positive vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) The question is, shall Senate Bill 1671 pass. A1l those in favorwillvoteAye. OpposedWillvoteNay. And *he voting is j cpen. Have all voted who wish? Have a11 voted Who wish? Have a11 voted who wish? Have a1l voted who Wish? Have al1 voted who wish? Take the record . On that question, there are 30 Ayes, 25 Naysz none votlng Present. And Senate Bill 1671, having received ' the required constitutional najority, is declared passed. Senator Garcia, for what purpose do you rise? Senator Garcia, that -- that request is in order. Senator Garcia has .requested a verification of the affirmative roll. Will al1 Members please be I I 70 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day 'March 28, 1996 in their seats? Secretary will read the affirmatlve votes. ACTING SECRETARY HAWKER: ; I The following Members voted in the affirmative: Bomke, Burzynski, Butler, Cronin, DeAngelis, Dillardz Donahuez Dudycz: Fawell, Fitzgerald, Geo-Karis, Karpiel, Lauzen, Luechtefeld, Madigan, Mahar, Maitland, O îMalley, Parker, Peterson, Petka, : Raicaz Rauschenberger, Sieben, Syverson, Walsh, Watson, Weaver, l Woodyard and Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) Does Senator Garcia question the presence of any Member votlng in the affirmative?
Senator Luechtefeld?
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Luechtefeld is in his seat. : I
Senator Dillard.
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Dillard 's in the Chambers, next to the President. '
Senator Sieben. Oh! He's riqht...
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Sieben's standin: next to his seat. ;
Senator 'Syverson?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator -- Syverson's standlng next to his chair. I
Senator Bomke.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Bomke's ln his seat. SENATOR GARCIA: I I 71 STATE OF ILLINOIS 89TH GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Oh! There he is. Okay. Thank you. I PRESIDING OFFICERI (SENATOR DUDYCZ) I On a verified roll call: the Ayes are 30y the Nays are 25, and the Present are none. And Senate Bill 1671, havlng received the required constitutional majority, is declared passed. Senator Berman, for What purpose do you rise? 1
Thank you, Mr. President. On -- regarding Senate Bill 1669, 1 I'd ask that the record reflect that I pushed the Wrong button. I I I neant to vote No? and I pushed Yes. PRESIDING OFPICER: (SENATOR DUDYCZ) l The record will so reflect.
I Thank... j PRESIDING OFFICER: (SENATOR DUDYCZ) l Senate Bills on *he Order of 3rd Reading , Senate Bill 1684. i I Senator Pitzgerald' . Madam President -- Madam Secretary, read the i bill. j ' ACTING SECRETARY HAWKER: I I I Senate Bill 1684. I (Secretary reads title of bill) j 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Pitzgerald. I '
Thank youz Mr. President, Ladies and Gentlemen of the Senate . Senate Bill 1684 provtdes that any termination or cancellation or attempted termination or cancellation of an agreement by a brewer I or wholesaler in violation of the Beer Industry Fair Dealing Act i I shall be presumed to result in irreparable harn to the affected I party and affected party shall be presumed to have no adequate i remedy at law. That will entitle the affected party to an I I I 72 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day March 28, 1996 1 injunction. And I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Butler.
Will the sponsor yleld, please?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Butler.
! Senator, I -- I have to confessr I rise in puzzlement. The I fact of the matter that I -- that -- the fact that bothers me is -- is I'm trying to determine what makes the beer distribution industry different from every other distribution industry we have ! in the State. I spent my entire working life workin: With distributors, ranging from -- major appliances, small appliances, industrial products, and auto parts. And ln every one of those lnstances, if the distributor's not doin: a good job, we reserve the right to change. And it seems to me, what this is attempting to do is to permanentize a franchise, regardless of whether or not that indkvidual is -- is doinç a -- a good job, or force the -- the company into a -- some sort of a -- a lawsuit. I just don't understand what makes the beer lndustry different fron -- from, for instance, a Coca-cola or Pepsi-cola distribution or any food franchise distribution. Would you explain thaty why this is different? '
PRESIDING OFFICER: (SENATOR DUDYCZ) SenaEor Fltzgerald. SENATOR FITZGERALD: i 1 i Yes. Senator Butler, golng back to right after Prohibition era when they started allowing liquor and beer and wine sales again, since that tîme this State and virtually all states in the country have heavily regulated the liquor industry and the beer and wine and spirits industry. And in Illinols, there 's a Seer I 73 1 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 ' ' j Industry Fair Dealing Act. It governs the relationship between the brewers and the distributors. It's different than most buslnesses. Each brand is unique. And the Act has to maintain a balance of power between the brewers and distributors.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.
I nust have missed something, Senator. I don't understand what nakes that -- that -- that difference. True, it's a heavtly regulated industry: but -- you know, what -- what difference does that make?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzqerald.
Well, it goes back to that Prohibition era, and I guess in order to prevent overconsumption of alcohol, in order to prevent spoilaqe àlso - it's a perishable product - for that reason, to prevent mlnors fron getting control of alcohol. It's always been that regulated. And it isn't just in Illinois; it's a11 fifty states: as I understand it. There's not one state that I knoW of that -- that doesn't regulaEe khis area.
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator 3utler.
1'11 try one more time. What -- going back to the Prohlbition era, it eludes me as a reason. The food -- you mentioned 1 spoilage. Thefocdindus*ryhasthesamekkndof problem. Why-- why do we protecE beer distributors from being cancelled out or 1 ! being forced into a -- a lawsuik. I should say the -- the manufacturers forced into a lawsuit. I just don't get it. Iîm sorry.
PRESIDING OFFICER: (SENATOX DUDYCZ) i 74 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 1 Senator Fitzgerald.
We don't prevent them from being cancelled out. The purpose of the Act is to maintain a level playing field between the brewers and the wholesalers, in a situation where brewers would otherwise be in a dominant position. And we don't -- Ne don't prevent them from being cancelled.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Cullerton.
Yes. Thank you: Mr. President, Menbers of the Senate. Maybe I can, in rising in support of the bill, attempt to answer the question raised by the previous Senator. The -- the situation here is that -- that the beer distributors spend money in promoting a brand. They might have the right to -- let's say you take a Pabst Blue Ribbon distributor. He has the right to -- to sell sone Mexican import beer. They spend money; they market that product. Then, the brewery sells that product to another brewery. So let's say, Pabst Blue Ribbon sells it to Miller. Miller then says, ''We want to have our distributors distribute that Mexican beer.'' And the laW says that they can terminate that relationshlp without any fault on -- on the part of the distributor: but the distributor's entltled to damages, because they have invested money in promoting that product. So the situation now is that they go to court and they try to get an injunctlon agalnst the brewery from taking over that distribution right until theyfre compensated. And what this bill speaks to really is, quite I frankly, an issue of leverage. This bill is in reaction to -- to court rulings that have, basically not given that tnjunction. 1 Theydve not qiven that injunction. The brewery is in a posltion i I to just delay paying the damages to the distributor. And by I passing this legislation, we strengthen the ability to abtain *he I I I 1 75 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 injunction. Once that injunction is granted then it brings the brewery to the table, so that they will pay the damages to the distributor. The reason why it is different is becausez believe me, this whole industry is unique. It take for example the fact that you have to pay cash for the product. The distributor has to pay cash to the brewery for the product. The retailer has to pay cash to the distrlbutor. That's totally unique. There's notbing else like that. So it -- it always has been dlfferent. It is -- we always have a bill affecting this industry once a year. This is the the latest version. The bill passed 10 to nothing in committee. There was a suggestion that it be limited - - the applicability of thls provision be limited. So the Distributors came in with an amendnent, which also passed. And I think it -- it may not be the absolute best way to increase the leverage, but it's the Way that the distributors have chosen: in the form of this bill. It may be that -- as this bill passes over to the House, there might be sone negotiations between the two, but there is definitely a need for a change.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Molaro.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The only thing I want to do John Cullerton just explained it very, very well. However, sometimes when you get to court cases and they look at legislative intent, they like to hear it from the sponsor. So what I'm going to ask the sponsorz if he -- if he would yield to do this, isy obviously one of the tenets of the law tbat has been along -- around a lon: tine is when you go for a TRO or, in this case, an injunction - prelininary injunction and -- to -- you Would have to show irreparable harm and you would have to show that there's no adequate remedy at law. That's been around a very, very long time. We're asking that to be changed 76 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day March 28, 1996 for this unique situation. And I Would like the sponsor to address himself to two things: Number oner why that change needs to be done, and are we going to do this With other businesses or other type of businesses that we do throughout the State of Illinois. If the sponsor can answer that.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzqerald.
Yes. Thank you, Senator Molaro. The reason We need to do it here is, by facilitating the issuance of -- of an injunction, that will ensure that the wholesalers receive reasonable compensation for the value of the cancelled products prior to any cancellation or termination as required by the Act. Now , the fact of *he matter is, the Beer Industry Fair Dealing Act is a statutory scheme for governing the relationship between the brewers and the wholesaler distributors. And there 's a gap in that scheme, and it needs to be filled here. We don't leave it a11 up to the common 1aw or to the rules at equity because we have a statutory scheme here, and we need to fill in that statutory scheme. And I Would tell the -- remind the Legislature that, in other areas in our Statutes, we do have sinilar provisions. One good example is the Uniform Deceptive Trade Practices Act, where we have said that proof of monetary damaqe, loss of profits, or intent to deceive is not required to obtain injunctive relief. We have there just abrogated a1l the common law equitable requirements for obtaining injunctive relief. It's not unusual for us to do that. And in fact, here it's needed because you have a statutory scheme that has a gap, and it is part -- the 1aW is determined both by reference to common 1aw and the Statute, and now welre just -- we're strengthening the Statute so We'1l all be -- the main requirements will be provided in the Statutes. And it's needed here because there's a huge disparity in leverage and we're trying 77 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th LegLslative Day March 28, 1996 to level the playing field. : i PRESIDING OFFICER: (SENATOR DUDYCZ) I Any further discussion? Senator Jacobs.
Thank you, Mr. President, Ladies and Gentlenen of the Senate. I find myself tn an awkward position. I think this is the first time that T've really agreed with you on a bill, Senator. But I - - I think Senator Cullerton hit it right on the head, and -- and in answer to Senator Butler's response of -- of what if someone's dofng a bad job, that doesn't alter anything with this bill. That person that's doing a bad job can still be -- have the product taken away through legal channels. What this does is protect those, in my estimation, that take a so-so regional project -- a product and take that product and build it in to a major market force and then the company comes along and says, ''Whoops! Now we want to give this to soneone else.'' I think that's the issue, and I ask for an Aye vote. '
PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator Dunn.
Thank you: Mr. President. I believe I have a conflict. I'm not going to vote on thts bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any furtherdiscussion? If not,SenatorFitzgerald,toclose. 1
Thank you, Ladies and Gentlemen. You Would still have to prove a violation of this Act to obtain the injunctive relief. A I i court would determine whether there's been a violation. It 1 applies both ways; b0th the brewer or the wholesaler could be I l I entitled to the injunctive relief. The bill simply keeps the even i I tenor that we need in the Beer Industry Fair Dealinq Act, and I would appreciate a favorable vote. 1 . I I I 78 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 !
PRESIDING OFFICER: (SENATOR DUDYCZ) ! The question isr shall Senate Bi11 1684 pass. A11 those in I favor Will vote Aye. Opposed will vote Nay. And the voting is ! open. Have al1 voted who wish? Have a11 voted who wish? Have ; a1l voted who wish? Take the record. On that question, there are 49 Ayes, 4 Nays, l voting Present. And Senate Bill 1684, having i recetved the requtred constitutkonal majority, is declared passed. i Senate Bill 1687. Senator Rauschenberger. Madam Secretary, read the bill.
' Senate Bill 1687. ; (Secretary reads title of bill) 3rd Reading of the bill. I I PRESIDING OFFICER: (SENATOR DUDYCZ) i Senator Rauschenberger. I SENATOR RAUSCHENBERGER: j i I can maybe do this one quickly . This is khe -- the i introduction and explanation I made for the last bill. When we I passed the Implementation Act with the budget last year, We i inadvertently -- and we moved the authortty to nake adjustment I payments to hospitals from the legislative process to the I department, the intent Was to do it for one year. We put -- We -- the way it's drafted now, it appears to be in perpetuity. This I only ends (sic) an ending date to the Budget Implementation Act. l I would hope for a favorable roll call. PRESIDTNG OFFICER: (SENATOR DUDYCZ) ! I Any discussion? If not, the question is, shall Senate Bill 1687 pass. A11 those in favor will vote Aye. Opposed Will vote 1 Nay. And the voting is open. Have a1l voted Who wish? Have al1 I voted who Nish? Have all voted who wish? Take the record . On that question, there are 41 Ayes, 9 Nays, none voting Present. r And Senate Bil1 1687, having received the required constitutional k 79 ! i : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 majority, is declared passed. Senator Jacobs, what purpose do you rise? SENATOR JACOBS: Point of personal prlvllege. PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR JACOBS: In the gallery on the Democratic side of the aisler We have a couple of Republican mayors from my district that I would llke to have stand and be recognized : Mayor Atherton of the City of -- of Morrison and Mayor VenHuizen of the -- the City of -- of Fulton, which just incidentally got shafted on the Retail Rate Law, and Mrs. Atherton. PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Springfield. Senator Palner, what purpose do you rise? SENATOR PALMER: Thank you, Mr. President. On Senate B1ll 1687 T was talking with someone and pushed the wrong button. I meant to vote No on that bill. PRESIDING OFFICER: (SENATOR DUDYCZ) .. the -- the record Will so reflect, Senator. Senator Bowles, for what purpose do you rise? SENATOR BOWLES: For a point of privilege -- personal privilege, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR BOWLES: In the gallery on the Democratie side of the aisle is Mrs. Velda Arnes, Who is the Mayor of the City of Troyr and her husband Connie Armes, Who is the ToWnship Assessor of Jarvis Township. Would 1ike... 80 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 90th Legislative Day March 28, 1996 1
PRESIDING OFFICER: (SENATOR DUDXCZ) Will our guests please rise and be recognized? Welcome to Springfield. Senator Burzynski, What purpose do you rise?
Point of personal privilege.
PRESIDING OPFICER: (SENATOR DUDYCZ) State your point.
Thank you, Mr. President. I'd like to introduce to the Chamber one of the mayors from the 35th Senate District, former president of the Illinois Municipal League: Mayor Joe Sinkiawic and his wife, from Loves Park, Illinois.
PRESIDING OFFICER: (SENATOR DUDYCZ) Willourguestspleaseriseand be recognized? Welcome to 1 Springfield. Senator Smith: what purpose do you rise?
Mr. President, I just Wanted to let you know I was talking at the time we were discussing legislation on 1687. I'd like to be recorded as voting Yes. PRESIDINGOFFICER: (SENATORDUDYCZ) 1 The record will -- Will so reflect. Senator Lauzen, What 1 purpose doyou rise? j I SESATOR LAuzEN: 1 Thankyou,Mr. President. I'd like to introduce to the 1 Chamber the -- the voice of theWestAuroraBlackhawks,Neal Ormond, and his lovely familyy Mary Ornond, Laurel and Cbrissy 1 Ormond, who are serving as honorary Pages today....
PRESIDING OFFICER: (SENATOR DUDYCZ) Would our guests please rise and be recognized? And welcome to Springfield. Senator Collins, what purpose do you rise? I
Point of personal privilege. I ! 81 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28y 1996
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
Yes. Today we also have visiting: in the northwest galleryy the Mayor of Bellwood' r which is in my district, and along with him, Mr. Booker Brown, I thlnk, Who is the Clerk of the Village. And I would just like for then to rise and be recognized by the Senate.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Springfield . Senator Sieben, What purpose do you rise?
Point of personal privilege. PRESIDING OFFICER: (SENATOR DUDYCZ) . State your point.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Seated just directly above me on tbe Republican side of the gallery is the Mayor of Mount Morris, Illinois.
PRESIDING OEFICER: (SENATOR DUDYCZ) I Will our guests please rise and be recognized? Kelcome to Springfield. Senator Garcia, what purpose do you rise?
i Thank youz Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. i I
Mr. Presldent, I'd like to -- the record to reflect that on Senate Bill 1687 I hit *he wrong button, and if I had hit it ! correctly, it would have been a No vote. i
PRESIDING OFFICER: (SENATOR DUDYCZ) Record Will so reflect. Senator Peterson, what purpose do you j I 82 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I I rise? 1
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
Like to introduce the Mayor of Long Grave, Leonore Simmons, next to me, my mayor in the town I live in, and Beth Penesls, one of the village administrators.
PRESIDING OFFICER: (SENATOR DUDXCZ) Will our guests please rise and be recognized? Welcome to Springfield. Senator Burzynski, what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) Stake your point.
Yes. And also in the -- gallery, We have another mayor from the 35th Senate Distrlct, Mayor Ken Hetchler from Cortland.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Springfield. Senator Watson, What purpose do you rise?
Yes. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your polnt.
Yes. We have former Representative Robert Walters, who is with us here todayy sitting in the gallery ? and I'd like to ' recognize Bob Walters. And if he would, would you mind I introducing the -- the gentlenen that are with you? j
PRESIDING OFPICER: (SENATOR DUDYCZ) 83 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I Will our guests please rise and be recognized? Welcome to 1 ! Springfield. Senator Raica, what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DUDXCZ) State your point.
Would anybody in the gallery who's not been intrcduced in the last fifKeen minutes stand and be recognized by this Body?
PRESIDING OPFICER: (SENATOR DUDYCZ) Will everybody in the gallery please rise and be recognized? Welcone to Sprlngfield. On the Order of Senate Bills 3rd Reading, Senate Sill 1696. Senator Rauschenberger. Madam Secretary, read the bill.
Senate Bill 1696. (Secretary reads tltle of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Rauschenberger.
As kind of the capstone to my legislative agenda, thts bill would require the Departnent of Children and Family Services to study the children that they have placed out of State in out-of-state institutions. Hopefully this bill may have another life in the other Chamber. It's a billz though, that, ln case it passes, isn't a bad idea. I encourage a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question 1sr shall Senate Bill 1696 pass. A11 those in favor witl vote Aye. Opposed l will vote Nay. And the voting ls open. Have all voted who wiqh? I Have all voted who wish? Have all voted who Wish? Take the I 84 : STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 record. On that question, there are 52 Ayes: no Nays, and none voting Present. And Senate Bill 1696: having received the required constitutional majority, is declared passed. Senate Bill 1746. Senator Parker. Madam Secretary, read the bill.
Senate Bill 1746. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Parker.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill permits a court to suspend the sentence cf a deportable illegal alien or deportable alien if an order of deportation has been entered. does not deprecate the seriousness of the offense and it is a -- it is not a Category ii or iii offense under truth-in-sentencing legislationz This bill was on the Agreed Bill List -- this bill was on the Agreed Bill Llst ln the Senate Judiciary Committee. Xesterday, some of the Senators had very good questlons, and so we filed an amendment that I think will help wlth those questions. The amendment has to do With What happens if, under this Act: someone is deported and returns. What the amendment permits is that the State's attorney Would recommit the defendant to the custody of the county from whlch he was sentenced. It would permit the court to sentence him to any avallable sentence. It would eliminate the defendant's eligibility for meritorious good conduct credit. This passed yesterday 'unanimously from the Judiciary Committee. would answer any questions.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator del Valle. SENATOR dEL VALLE: 85 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislattve Day March 28, 1996 I Thank you, Mr. President. Senator Parker, I apprectate the -- I the work that youdve done on this bill and -- and your Willingness to -- to respond to some of the concerns, but this bill, in its current form, is still, in my mind, an early release bill. This bill allows individuals Wha committed crimes and Were convicted and sentenced to be let out of prison early. Now, you indlcated that the reasonNedredolng this is in orderto save dollars. But 1 I have here a copy of the DOC fiscal note and DOC indicates that : the fiscal impact is unknown. They couldn't even determine a dollar figure. But in the note they also indicate that the State is currently receiving reimbursement of 4.4 million dollars from the federal government for the cost of incarcerating such inmates. Nowy I think given that even DOC could not caleulate any savings, I think what we should do is ensure that the individuals who are convicted: that they do their tine and that they serve their time ln Illinois prisons, and that the deportation take place after they have served their time. But I don't like the idea of doing early release, deporting individuals and then having the possibility of those indlviduals coming back into *he country illegally. I--IthinkthatthatisnotWhatyourintention is, 1 butIthinkthat'stheeffectofthisblll. SoIurgeeveryoneto 1 PRESIDING OFFICER: (SENATORDUDYCZ) 1 Any furtherdlscussion? SenatorJacobs. 1 SENATORJACOBS: 1 Thankyou,Mr.President,Ladies and Gentlemenof the Senate. j Senator Parker,I--Iagree11thalotofWhatSenatorde1Valle 1 sald . You have been very willing to work With us on this, and I think that's -- that's goodr but I still have -- have two ' problems: One belng, as I asked the other day, with our juvenlle i system in the past, we were able to have juveniles go out and be j the runners for the drug trafficking because a11 we did with them d i i 86 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th LegislaEive Day March 28, 1996 was slap their hands.. NoW what's to keep us fron having illegal aliens, use them as drug runners, and the only thlng that theylre going to get is deportation back to -- to Mexico. So we have ; created another system that may not be exactly what you're looking 1 ! for. I don't know how we can handle that in this bill, but l ! there 's -- it's one that needs to be taken care of. And number i two, whenever these -- ehenever these illegal aliens are let out i of jail early in order to be deported, what if they take off fron ! I Illinois and go to Missouri? How -- how do -- how does the other f state know, because they're released? They're released from the i DOC. So how daes the -- and if the police department in -- in Missouri picks them up, the only thing theylre çoing to be able to charge them with is being an illegal alien. Theytre not goinq to be able to charge them for -- for any crime because theyfve already taken -- and served their time: under -- under this particular bill. I'm still not sure whether I'm going to vote for it or notr Senator, but at least you have cone a long Way With it. I .
PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator Viverito. SENATOR VIVERITO: I Yes. Point of privilege, Mr. President. ; ! i
PRESIDING OFFICER: (SENATOR DUDXCZ) State your polnt.
I'd like very nuch, if I may -- I know ue've had a lot of distinguished guests here today, bu* we have some very flne ones from the southwest side: :he President of the Southwest Mayors Association; Tony Vacco, President of Evergreen Park.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests rise, and please recognize. Welcome to Springfield. Any further discussion? Senator Viverito.
87 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Mr. President, just -- Mayor Ernie Eolb of Oak Lawn is here also. And -- who else do We have now? And one of the heaviest hitters on the southwest side, the owner of Prairie Materials, our good friend, Johnny Oremus. Johnny Oremus.
PRESIDING OFFICER: (SENATOR DUDYCZ) Welcome to Springfield. Any further discussion? Senator Petka.
Thank you, Mr. President, Members of the Senate. After listening to the debate from the other stde of tbe aisle, I wonder if we're reading the sane bill. What this legislation does, very succinctly and precisely, is permit the Department of Corrections to notify the Immigration and Naturalization Service of the federal governnent to 1et them know that they have the option, if they cboose, to simply take a person out of prison and send them back to the country of origin. Now, as a prosecutor myself, I came across a situation whe're we had a number of individuals who were arrested Who were illegal aliens. And one of the things that we did was notify Inmigration and Naturalization and deportation proceedings Were instituted even prior to a criminal proceeding in the county. Now, lt just seems to me that When folks who really shouldn't be here in the first place, become lawbreakers, that We shouldn't expect the taxpayers of this State to keep them in the warm and cozy conflnes of our prisons, because there are some who will argue that perhaps sendlng them back to the country where they came from may be worse fate than cooped up in some of our cauntry clubs that we have designated as prisons in this State. But I'm here to tell you that I believe that there is no reason on this planet why the taxpayers of the State of Illinois should provlde food, shelter and comfort for people behind bars, when we can literally kick 'em out and make room for indivlduals who should be there who are being deferred out of the system because 88 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 there is no room in the inn. This is a great idea. I Would urge an Aye vote.
PRESIDING OPFICER: (SENATOR DUDXCZ) Any further dlscussion? If not, Senator Parker, to close.
.. . Mr. President. I want to stress: This is nct an early release bill, and should not be pegged as that. When you talk about the cost, you are talking about -- there are, presently in i our system, three hundred and fifty illegal aliens that are costing us six million dollars a year. This allows then to be deported earlier if the federal government and if it is approved by a judge. Your talk about 4.4 million dollars given from the l federal government ls only -- fourteen percent of what it actually costs to incarcerate a1l the illegal aliens and the aliens that could be affected under this bill. We are talking not about only the idea of saving money, but the idea of opening up beds for those criminals who could be more violent who should bè in the present prison syskem because we are short of space. I would urge an Aye vote on this bill. It makes a 1ot of sense. We are not talking -- and 1et me address Senator Jacobs' question. When you're talking about an illegal alien that may come into anotber state, it would be the same as with anything elsez they would be extradited back to this State; they would be up for additional ! punishment. Part of the punishment of the -- of taking them away is deportation, because they really would rather stay here. So I would ask for an Aye vote. I think it's a good bill, and I appreclate your support. PRESIDING OFFICER: (SENATOR DUDYCZ) i The question isr shall Senate Bill 1746 pass. All those in i favor will vote Aye. Opposed uill vote Xay. And the voting is open. Have a11 voted who wish? Have a1l voted who wish? Have a11 voted who Wish? Take the record . On that question, there are j 89 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28z 1996 1 43 Ayes, 8 Nays, 2 votlng Present. And Senate 3i11 1746, having I I received the required constitutional majority, is declared passed. The bottom of page 5, Senate Bills on the Order of 3rd Reading, Senate Bill 1749. Senator Woodyard. Madam Secretary, read the 1 I bill. I I ACTING SECRETARY HAWKER: i Senate Bill 1749. 1 I (Secretary reads title of bill) i i 3rd Readfng of the bill. i i PRESIDING OFFICER: (SENATOR DUDYCZ) I I Senator Woodyard. I SENATOR WOODYARD: i 1 Thank you, Mr. President, Members of the Senate. 1749 noW has I 1 three components. The underlying bill was an increase in the loan . guarantee authorization on livestock operatîons in the Illinois Farm Development Authority from three hundred thousand up to one ' million dollars. The second conponent of the -- of the bill deals ' With the cooperative extension unit, and establishes a cooperative . extenslon trust fund in Department of -- of Agriculture. The way i i . the present system is se* up the Ag Premiun Fund is -- is What is supposed to fund the Cooperative Extension in the county match area. Well, that money goes to -- into the unlversity and becomes I a part of thelr budget. Last year, that run a million and a half dollars short. University of Illinois Wants that out of their budgek. So we -- we can put that out at -- at Department of Ag in ' that trust fund. There be -- We 're still going to be short of ' I money. And there's -- there's no additional money in -- in this i ; at all. The Departnent of Agriculture has no problem with thls. The fourth component is -- I'm sorry. The third component is a -- ' an amendment that Senatcr Rea and I introduced that changes the I membership of the Illinois Coal Board. And 5 don't think there's I i any opposition to that, but if you have any questions on that, I I 9G I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 woukd like to yield to Senator Rea on that. With that... j PRESIDING OFPICER: (SENATOR DUDYCZ) 1 Is there any discussion? If not, the question is, shall Senate Bill 1749 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a1l voted kho Wish? : Have all voted Who wish? Have all voted Who wish? Take the record. On that queskion, there are 52 Ayes, no Nays, none voting Present. And Senate Bill 1749, having received the required 1 i constitutional majority, is declared passed. 0n top of page 6 of j your regular Calendar is the Order of Senate Bllls 3rd Reading . i I Senate Bill 1757. ' Senator Weaver. Madam Secretary, read the I bill. 1 ACTING SECRETARY HAWKER : i i Senate Bill 1757. j (Secretary reads title of bill) i I 3rd Reading of the bill. 1 PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Weaver. i i SENATOR WEAVER: I Thank youy Mr. President. This would reduce the bond I authorization for Build Illinols bonds by one dollar. If there's i I any questions, 1111 be happy to respond. j PRESIDING OFFICER: (SENATOR DUDYCZ) i I Is there any dlscussion? If not, the question is, shall -- i Senator Demuzio. Senator... 1 .
I Thank you, Mr. Preskdent, Ladies and Gentlemen of the Senate. I ; May I pose a question to senator weaver? This -- this is -- right I now, is a vehicle bill. Is khat correct? j 1 PRESIDING OFFICER: (SENATOR DUDXCZ) j senator Weaver. l I SENATOR WEAVER: I I 91 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legistative Day March 28, 1996 ! I It might be considered that. I I PRESIDING OEFICER: (SENATOR DUDYCZ) I 1 senator Demuzio. i I SENATOR DEMUZIO: I I Hello. Well, maybe We ought to vote Present over here till We i I see what the wheels are on this thLnq. I I PRESIDING OFFICER: (SENATOR DUDYCZ) I I Any further discussion? If not, the -- the question is, shall i Senate Bill 1757 pass. Al1 those in favor wlll vote Aye. Opposed k i will vote Nay. And the voting is open. Have atl voted Who Wish? Have a11 voted who wish? Have a11 voted who Wish? Take the I record. On that question, there are 34 Ayesz no Nays, 19 voeing i Present. Senate Bill 1757, having received the required ; constitutional majority, is declared passed. Senate B11l 1758. Senator Weaver. Senate Bill 1759. Senator Philip . Madam I Secretary, read the bill. . l ACTING SECRETARY HAWKER: I Senate Bill 1759. i I (secretary reads title of bill) I i 3rd Reading of the bill. , PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Philip . SENATOR PHILIP : Thank you, Mr. President, Ladies and Gentlemen of the Senate. ! I Senate Bill 1759, as amended, amends the Election Code. We# in i I Dupage County, declded, here some years ago, to not have our ' ; county clerk run elections. We went to an election commlssion. . i It's a bipartisan commission made up of two Republicans and one Democrat. When we did that, we didn't realize we changed the situation in regard to electing -- appointing election judges. And what this does is change lt back to the old Way that it Was; that if your precincb Went Repubkican ln the primary, you were 92 I i I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day March 28, 1996 entitled to three Republican judges in the November election, or if your precinct went Democratic, you were entitled to three Democratic judges ln the Novenber election. That's sinply what it does. Puts us in compliance with a11 the other downstate counties. Be happy to answer any questions.
PRESIDING OPPICER: (SENATOR DUDYCZ) Is there any discussion? Senator Trotter.
Just one question...
PRESIDING OFFICER: (SENATOR DUDXCZ) Sponsor indicates he will yield, Senator Trotter.
Thank you very much, Mr. President. Will this have any impact on Cook County? And -- and why not, if it doesn't?
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Philip.
It does for the City of Chicago, and the City of Chicago Election Commission is in favor of it.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question ls, shall Senate Bill 1759 pass. A11 those in favor Will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who Wish? Have al1 voted Who wish? Have a11 voted Who wish? Take the record. 0n that question, there are 53 Ayes, no Nays, none voting Present. And Senate Bill 1759, having recelved the requlred constltutional majority, is declared passed. Senate 3i11 1764. Senator Fawell. Madam Secretary, read the bill.
Senate Bill 1764. (Secretary reads title of bill) 3rd Reading of Ehe bill. 93 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ( I PRESIDING OFFICER: (SENATOR DUDYCZ) ' Senator Eawell.
Thank you very much. This is a Secretary of State's kind of clean-up bill. It clarifies current 1aw Nith regard to certain vehicles which are registered in other states that -- that occasionally operate in -- in Illinois - basically, it's ! ! tractor-trailers - and it changes the way their license plates are procured, and the cost. 1111 be glad to answer any questions; otherwise, I would ask for a favorable vote. i
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall Senate Bil1 1764 pass. All those in favor Wi11 vote Aye. Opposed j will vote Nay. And the voting is open. Have a11 voted Who Wish? Have a1l voted Who Wish? Have a1l voted Who wish? Take the record. On that question, there are 51 Ayes, l Nay, none votfng Present. And Senate Bill 1764, having received the required i constitutional majority, is declared passed. Senate Bill 1770. Senator Woodyard. Senator Woodyard. Senate Bill 1773. Senator Fitzgerald. i I END OF TAPE ( i I TAPE 3 i ;
PRESIDING OFFICER: (SENATOR DUDYCZ) Madam Secretaryy read the bill. ACTING SECRETARY HAWKER : ' Senate Bil1 1773. i (Secretary reads title of bill) 94 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzgerald.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1773 would add same-sex narriages to the 11st of prohibited marriages in the State of Illinois. As most of you know, Illinois now will only license two peoples of the opposite sex to get married; however, Illinois recognizes valid narriages that were contracted in other states, unless they dre on our State's prohibited list. Right now it appears that the State of Hawaii may be on the verge of recognizing marriages between tWo people of the same sex. It 's anticipated that they could do that as early as this summer. If Illlnois 1aw is not changed, Illinois will wind up giving recognition to same-sex marriages granted in the State of Hawaii. I've brought this bill in order to keep marriage in Illinois the same as it's always been and to stlck to the one man-one woman definition of narriage that we have a11 known in this State and a1l other fifty states, until now . And I'd be happy to answer any questions about the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any discussion? Senator Cullerton.
Thank you, Mr. Presidentr Members of the Senate. I rise in opposition to the bill. I respect the sponsor's motlvations. It is very clear that today in Illlnois marriage is reserved as a union between a man and a woman. That is our policy, and I personally support that. I think it should be reserved for a union of a man and a woman. There's historic, cultural, rellglous i and civil tradition for this, and we should continue in that tradltion. I also think that certain members of our society, Who ' are gay, who join in a long-term committed relationship with a I 95 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 person of the same sex, should be, at least, acknowledged as . i fellow human beings and fellow citizensz and I think we ought to discuss how our 1aw should evolve to give a certain stability and protection to that relationshlp. Unfortunately, we are not having that discussion. The reason why some in that community are offended by the bill is that they are not asking for the right to be marrled. They, in fact, are asking for the right to not be discriminated agalnst. That is a bill Which actually passed the Statehouse and came very close to passëng out of a committee in this Chamber. That's what we ought to be debating, but wefre not. The problem is that some people might support this bill because it's a way to single out and condemn the lifestyle of gay and ; lesbian people. So that is why people are offended by it. They are oëfended because it is equating these relatëonships With i incest and bigamy, and that is not what ke ought to be doing. I dcn't think we should be condemning these people who have these different relationships. And soz I think what we should be doing' instead is talking about having a ccmmission or a committee to study these relationshipsr to decide whatv if any, recognition the Leqislature might give them. This particular bill is unnecessary. i i Hawaii, which is the state that people are concerned might legalize same-sex marriages, has not done so . Their legislature is debating whether or not to ban those marriages, whether or not to have some kind of a registry. That's a -- a discussion which is ongoing in that state, and so, as a result, this is certainly : premature. And I think the -- the fact is that it sends the wrong nessage to many people in our State who happen to be gay. I think there's many of us who know people who are gay, people -- are i friends, of our neighbors, who are relatives, and I think thatr in light of the fact that they have not asked to even have legalized marriages, we should not be voting on this bill at this time. 1 '
PRSSIDING OFFICER: (SENATOR DPDYCZ) 96 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Any further discussion? Senator Sieben.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise in support of this legislation. It's interestlng that yesterday in this very Chamber we honored the 1996 Mother of the Xear. She talked about her fankly, about her busband, about her i children, her grandchildren, about the dignity of notherhood and marriage. Over the years, I've attended a 1ot of weddin:s in a lot of different churches, and usually the minister begins by sayin: something like, ''We are gathered together in the presence , ! of God and before these witnesses to join together in holy natrimony this man and this woman.'' This is an honorable estate instituted by God and signifies to us that union which exists between Chrkst and his church. That union (s documented by a 2 signed narriage license. The marriage license isn't a meaningless j piece of paper; it's a contract between two individuals and this State. And the State has a strong lnterest supporting a contract between a man and a woman, because (t's an effective means of procuring for society its future with well-socialized children. i i I Thousands of years of history and numerous comprehensive studies and eommon sense have shown that children grow up to be the most well-adjusted, productkve nembers of soctety when they are raised in a household with a married mother and father. And that is why : i the State issues a marriage license. It's why the State prohiblts I marriaqes with more than ohe person, marriage wlth a close family member or a relative, and marriages to a child. And no civilization has ever survived by accepting honosexual marriagesy ! brother-sister marriages or multiple marriages to a slngle spouse; : I yet, that is what homosexual members of society are asking of us. If homosexuals can get marriage licenses: on what logical basis do we exclude those who want a marriage llcense to marry two or three people? On what logical basis do We exclude those who Want to -- i 97 STATE QF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 want a license to marry their cousin? Please vote Yes to I I prohibit same-sex marriages.
PRESIDING OFFICER: (SENATOR DUDYCZ) WCIA has requested permisslon to videotape the proceedings. Hearing no objection, leave is granted. Any further discussion? Senator Molaro. SENATOR MOLARO: 1 Thank you, Mr. President. First thing: I would echo i everything that the Senator from Henry County just said; however, I'd like to ask -- before I comment, I'd like to ask the sponsor a I question.
PRESIDING OFFICER: (SENATOR DUDYCZ) i Sponsor indicates he will yield . Senator Molaro. i
Is it now , in tbe State of Illinois, that we do noE recognize Saxp-SeX marriages? IS that krue? !
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Fitzgerald. i SENATOR FITZGERALD: ! Illinois Will only license heterosexuals to get married; however, we will recognize a valid narriage entered into in another jurisdiction, unless it's on our State's prohibited list. It had never occurred to the drafters of our current marriage Act that they Would have to put a marriage of two people on the same E i -- of the same sex on the prohibited list. They just listed incesEuous marriages, marriages between close relatives, polygamous marriages. Those are a1l on the prohibited list. And ; : in the case -- I guess the State of Arkansas allows marriage I between first cousins. Illinois Will not give reciprocity to those narriaqes because they are on our prohibited list. The reason for I this bill is, Hawaii nay be on the verge of recognizing same-sex narriages. In the absence of an addition to our prohibited list, I 98 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th LegislaEive Day March 28, 1996 we will give reciprocity to thosemarriagescomingoutofthe 1 State of Hawaii.
PRESIDING OPPICER: (SENATOR DUDXCZ) Senator Molaro.
Well, you know, I -- I listened to you when you first said it, and -- and you said the state of -- it ,'appears,, :ue state of i Hawaii ''may'' So youlve got ''appears'' and you have ''may'' Obviously we have inflammatory issues -- flammatory (sic) subjects, ôensitive issues that, at times: we have to address in ; this Body because of the fact that it comes up and We have to look at it. By using tbe word ''appears'' and ''may''' you, by your oWn ; admission, are saying that Hawaii has done nothing yet. I would suggest that before we take these topics up and inflame segments I of our population that need not occur, let's see what happens throughout the State. I think wedre -- it's not ripe yet for us k to be taking this type of action: and thatfs why I think we should stand in opposltion to this bill. i
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Jacobs. i
Thank you, Mr. Presldent, Ladles and Gentlenen of the Senate. ' I can concur pretty much With -- what everyone has said here, and i - - but there was one comment that was made that -- as if the people who are engaged in ''same-sex marriaies'' - quobe, unquote - i have come forward and asked to be recoqnized in Illinois. That ls not true. They have not asked to be recognized. This bill is -- : J is proactive from the standpoint that we are attemptlng to guess What Hawaii's going to do. I would agree With Senator Molaro that 1 the timing, at bestr is -- is really strange, and it appears to be more politically motivated than it does by actual action. This is i a bill, for -- for probably nlnety-five percent of this i I 99 l l I ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Legislature, is probably very difficult to vote against because of our past practice and our past history. But, yet, to -- to put a bill on the booksr and especially coming from that side of the aisle who traditionally says we Want to get rid of bills that We don't need, and we're putting a bill on the books here, potentially, that we very well may not need. And that's my problem. That's the only problem I have with it, Senator. If -- if Hawaii had already made their decision, if Hawaii had said ''yes'' and we would have to recognize paying beneflts to -- to same-sex marrlages, that we would have to give them al1 the rights that we would a heterosexual marriage: at that point, then everything changes. But I think to do this now is a little premature. But, again, as I indicated, I'm sure it's one that's just going to f1y out of here. .
PRESIDING OFFICER: (SENATOR DUDXCZ) Any further discussion? Senator Petka.
Thank you much -- very nuch, Mr. President and Members of the Senate. In 1993, I introduced virtually -- a virtually identical piece of legislation. At that tlme, two of the main opponents of this legislation, Who I night add, parenthetically, are no longer here, clalmed that the bill was a waste of time, that this was simply an attempt to harp on and bash a lifestyle. The bill passed out of the Senate and went over to the House, and for what I considered partisan, political reasons, it Was kllled. But I predlcted at tha: time that *he issue would be revislted ln Ehe State of Illinois. In 1993, in the last week of Aprilr the last weekend, there was the infamous homosexual march in Washlngtony D.C. I had an opportunity to -- to watch some of the leaders of that -- of that march who participated in a talk show afterwards, and one of the things that they insisted upon, one of the things that they have demanded, and still demand today, according to the l00 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ''Windy City'' Times of February 22nd, 1996, is that they demand the right to have a marrlage, that they have the right to have the same benefits that have been traditionally enjoyed by heterosexual couples. received some letters from people who are violently opposed to this legislation, who did not live in ny districtz and one of the things that they -- they stated - and it was a common thread and an organized drive - was that, ''Senator, why are you tryin: to legislate your norality on all of us?'' It's a very simple proposition, folks. A1l laws that we pass in this General Assembly have a moral tone to them, whether Wedre taxing people disproportionately. Our criminal justice system is basically founded upon the Ten Commandments. The real question that We must ask ourself is, whose morality are we going to impose on the public. I agree with Senator Sieben and Senator Fitzgerald that we are maklng a public policy statement and a public policy statement that absolutely has to be done now because of What consider to be a bizarre public pollcy stateéent that may be made in the State of Hawaii. I strongly urge the adoption of this legislation.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusslon? Senator Collins.
Yes. Thank youz Mr. Presldent and Members of the Senate. - - T was off *he Floor when the bill first came up, and -- and I'm a little confused here. I don't know what wedre trying to fix, because didn't Ehink that Ehe State of Illlnois, righ: now , allows for same-sex marriage, and -- and now we're saying that this bill, I guess, prohibiting something that doesn't exist. Now, it -- it really is a political glmmick. That's baslcally What this is al1 about. It's playing on the -- the synpathy of the public out here to try and put those of us who believe in basic human rights on the spot, clearly for political reasons. Clearly. 10l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 No other reason at all. Now, if you had a bill in here that says to permit the same sex to get marrledz I would vote No. i Absolutely not. That's my belief, because I do believe it does 1 denigrate the institution of marriage. However, why am I voting on a bill to prohibit something that doesn't exist? This is a waste of taxpayers' mcney. I -- I see it clearly for political reasons. All you're trying to do is just string out somebody over here on a vote that you can run around out there because you know it is very clear, hot issues on the whole idea of the institution i i and strengthening the institution of marriage and -- and the morality of the family. That's al1 this is about. This is a game. And I don 't think we ought to -- we ought to stop playing games down here and get serious about doing the business of the people of this State, like funding education, like providing adequate and accessible, affordable medlcal care for people in -- in need in i this State, taking care of our senior citizens, dealing With our environmental problems and other issues and stop this political game that we fre playing every day, day after day after day. This is a bad idea. If we're going to start legislating the un-legislated, then we might as well go hone down here. Stop ! playing Ehe game.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Palmer.
Thank you, Mr. President. This is a very disturbing bill. I agree with what Senator Collins said . Here we are trylng to look into a crystal ball to project what one other state in a union of fifty states may do and act upon that at this moment in time. When you look at our analyses and you see who is for and who is against this, once again we are engaging in setting groups of people against each other. And unfortunately, in this country, as i Carl Rowan's column yesterday pointed out, we're engagin: in that i I 102 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day ' March 28, 1996 ! more and more. And this is an instance where We don't have to and shouldn't have to, and I think it's a very dangerous thing to do. This is an election year and I'm sure feelings run high, but I think this is totally inappropriate. Yesterday, We had thousands of parents down here on a real issue of funding schools. Those are the kinds of things -- that's what we should be debating today. We shoutd be discussing how our children... You want to be pro-family? Then let's talk about being pro-children: and let's talk about how our children can go through public schools in a Way that gives them adequate and equitable funding for their futures and ours. That's pro-family. This is a Waste of time: and it is totally inappropriate.
PRESIDING OPFICER: (SENATOR DUDYCZ) Any further discussion? Senator Burzynski.
Thank you...tmicrophone cutoffl... Thank you, Mr. President. I'm a little bit disturbed by the comments that I hear from my ' colleagues on the other side of the aisle when they talk about this bill being a game. I don': believe it's a game. I think it's a very serious matter. And when we talk abaut entering into this very lightly, I donît think it's entered into very lightly. And, certainly, when we say that it's dangerous, that this bill is dangerous, I would submit to you that lt's more dangerous if we don't adopt thls bill than it is if we just 1et it go on the way it is. I certainly encourage my colleagues to vote Aye.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, Senator Fitzgerald, to close.
Thank you. I'm not going to rehash the speech I already gave about why the bl11 is necessary . I said it tWo or three times, and then the next question up was ''Why is the bill necessaryr' Senator Palmer, if you don't think the bill does anything: then l03 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 why are you opposed to it? That doesn't nake any sense to me. There's a very good possibility that Hawaii Will recognize same-sex marriages this summer. The Hawaiian Legislature has refused to do that, but the court told the Hawaiian Legislature that their current marriage Statute violates their interpretation of the Hawaiian Constitution, because they are equatlng the laws against discrimlnation based on sex as bein: the same as laws prohibiting discrimination based on sexual orientation. And the Governor in the State of Hawaii favors same-sex marriages, and his Attorney General is somebady he appointedr and it is likely that they Will not fight an adverse court ruling. And if we don't act -- the reasonr Senator Jacobs, we must act now is because if we don't act now and Hawaii recognizes same-sex narrlages over the summer, then by the time we come back in the fall, it'll be tco late, because we cannot retroactively strip people of vested rights. That's unconstitutional. That's why it's necessary to ' act now . But a11 of youy if you think the bill doesn't do anything, that it's gratuitous, then you should -- you shouldn't oppose it 'cause it doesn't do anything. Why do you care? You said that there are only political reasons to -- to support the bill. There happen to be economic issues involved here, too. There's probably a gigantic, colossal impact to our State 's five pension funds if a1l of a sudden people can claim that they have - - are married with same-sex partners. A1l of a sudden those -- those partners would be entitled to the pension benefits that only heterosexual married couples now enjoy. The impact could be gigantic. I've asked the Economic and Fiscal Commission to put together the figures. They haven't gotten them to me yet, but it could be quite significant. The point isy to vote against this bill, to do nothingz could be to radically change marriage laws in the State of Illinois as we recognize ik. Now, I Want to tell you just -- I'm going to close with one final story. My mother-in-law 104 STATE OF'ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28z 1996 is a secretary in the Denver public schcols, and there's a third- grader in that school that she works at who is adopted by a i 1 ! ;ay Couple - tWO 9aY men. And every -- every day bhls boy is ! l dropped off at school by his parents, and the other kids nake fun ! i of him. And he's constantly crying; he's in the principal's k i office; he's constantly fighting. I think that We need to promote i i our existin: concept of marriage. I think it's healthy for a kid 1 to groW up with a mom and a dad. That isn't an idea that just ! ! fell out of my head three weeks ago when I introduced the bill. i E i Every society that I know of has long enjoyed that concept. And i l it's one thing to say that homosexuals should be treated With ! i dignity and compassion; it's quite another to say that State law I must affirm the lifestyle. If -- if you want to change the way i our marriage laws work, then vote against this bill, Icause you l ; i may get a lot of the type of adoptions that I just saw and a lot i I of other results that I donIt think your constituents would be I ' very happy with. Senator Petka did a poll in his district, and eighty-six percent of the people in his district were opposed to i same- sex marriaqes. This is an obvious bill. I'd appreciate an i Aye vote. PRESIDING OFFICER: (SENATOR DUDXCZ) The questlon is, shall Senate Bill 1773 pass. Al1 those in I favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who Wish? Have a1l voted Who wish? Have a1l voted who wish? Take the record. On that question, there are 42 Ayesy 9 Naysy 2 voting Present. And Senate Bill 1773, having received the required constitutional majorityz is declared passed. The Senate will be... Senator Welch, for what purpose do you rise? 2 SENATOR WELCH: Point of personal privilege. PRESIDING OFFICER: (SENATOR DUDXCZ) l05 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 State your point.
Mr. President, in the gallery, we have the Seneca Future Farmers of America, led by Jeff Maierhofer. Could you please rise?
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our -- will our guests in the gallery please rise and be recognized? Welcome to Springfield. Senator Philipr what purpose do you rise?
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Our wonderful Senator Geo-Karis has a birthday coming up this Friday. She 's thirty-nine again. And remind you of this: T think she's the only Member that was born outside of America. Came to this country as a young lady, became an American citizen, volunteered for the Arned Services and defended our country in WW oh, wait a ninute! WW II. And ke -- we all love you, Geo, and we want to wish you a happy, happy birthday. She has cake up here on our side.
PRESIDING OFFICER: (SENATOR DUDYCZ) Happy birthday, Senator Geo-Karis. The Senate will be standinç at ease for -- oops! Senator Geo-Karis.
Mr. President and Ladles and Gentlemen of the Senate, I want tb thank my distinguished colleague and our great President of the Senate for his accolades, and I just want to remlnd him thaE age is mind over matter. And if I don 't mindy it doesn't matter. Sor just want to thank everyone and just tell you that this seasoned citizen is around to love a1l of you and wish you a1l well, and thank you so much.
PRESIDING OFFICER: (SENATOR DUDYCZ) The Senate will be at ease for about one minute whlle the 106 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 9Gth Legislative Day March 28, 1996 I Rules Committee meets and the rest of the Members enjoy Senator Geo-Karis' cake. And the Secretary will be readin: House 3i11s 1st Reading.
House Bill 1285, offered by Senator Burzynski. E (Secretary reads title of bill) House Bill 1287, by Senator Burzynski. (Secretary reads title of bill) House Bill 1290, by Senator Burzynski. (Secretary reads title of bill) House Bill 2406. (Secretary reads title of bill) Is offered by Senator Cronin. i Senator Hawklnson offers House B111 2529. (Secretary reads title of bill) House Bill 2557, by Senators Madigan and Raica . (Secretary reads tikle of bill) i House Bill 2587, offered by Senator Dillard. ( (Secretary reads title of bill) House .Bill 2651, offered bv Senators Hawkinson and Shadid. '-' 1 (Secretary reads kitle of bll1) House Bill 2915, Senator Burzynski. ! (Secretaty reads title of bill) Senator Raica offers House Bill 3052. i (Secretary reads title of bill) House Bill 3396, Senator Barkhausen. : (Secretary reads title of bill) House Bill 3546, presented by Senator DeAngelis. i (Secretary reads title of bill) House Bill 3617: Senator Raica . (Secretary reads title of bill) And House Bill 3638, by Senator Klemm. 1 I 107 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 (Secreeary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Cronin, What purpose do you rise?
On a point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
Senator Dillard and I join in welcoming Mayor Jim Addington here today, mayor from the -- the mighty Village of Westmont, who I also should add that Mayor Addington will be the next president the Dupage Mayors and Managers. So like to welcome Mayor Addington.
PRESIDING OFFICER: (SENATOR DUDXCZ) Welcome to Sprlngfield, Mayor. ...Reports.
Senator Weaver, Chair of the Committee on Rulesr reports the following Legislative Measures have been assigned: Referred to the Committee on Agriculture and Conservation - House Bills 2665 and 27117 to the Committee on Appropriations - House Bill 2667: to the Committee on Education - House Bills 995, 1684, 2230, 2664, 3091, 3300 and 3532) to the Conmittee on Environment and Energy House Bills 2515, 2571, 2725, 2747 and 3167: to the Committee on Executlve House Bill 3050) to the Committee on Financial Institutions House Bills 2697 and 2860: to the Committee on Higher Education - House Bills 456 and 2836: to the Conmittee on Insurance, Pensions and Llcensed Activities - House Bill 1796, 26:6, 2626, 2819, 2918 and 3186; to the Commkttee on Judtckary House Bills 2456, 2631, 2649, 2658, 3233, 3451, 3578 and 3669: to the Committee on Local Government and Elections - House Bills 885, 2695 and 2735; to the Committee on Public Hea1th and Welfare 108 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 House Bills 2533, 2564, 3230 and 3613) to the Committee on Revenue House Bills 427, 431, 1645, 2659 and 28092 to the Committee on State Government Operations - House Bills 2670 and 28617 to the Committee on Transportation - House Bills 378, 2799, 2916, 3367, 3368, 3436 and 36777 and Be Approved for Consideration House Bill 2294.
PRESIDING OFFICER: (SENATOR DUDYCZ) m. . Burzynski, what purpose do you rise? Senator Burzynski.
A point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your polnt.
Earlier this morning, I had the pleasure of introducing to the Body the new -- the president of the Illinols State PFA; howeverr I also neglected to introduce to the Body another young lady Who Was at the podium with us, Director of Agriculture Becky Doyle. And I noticed that she back in the Chambers, in the gallery behind the Republican side. So I wish that We Would recognize her.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Sprlngfield. Middle of page 6, on the Order of Senate Bills 3rd Reading, Senate Bill 1777. Senator Donahue. Mr. Secretary, read the bill.
Senate Bill 1777. (Secretary reads title of bill) 3rd Reading of the blll.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Donahue.
109 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Thank you, Mr. -- are you ready, Jim? Thank youz Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1777 establishes an Illinois Livestock Waste (sic) Management Facilities Act. And it's a very difflcult issue and one that I would like to request your indulgence as we discuss this as in much detail as we can. I got started with this issue about a year and a half ago, and my first response was, we have a great deal of concern for large confinements moving into Illinois. And I got to talking to a lot of my people and their concerns, and these are not only residents in the rural area; these are nonfarn, as well as farmers, have concerns abouk large livestock facilities. But as I got into the issuey I recognized...
PRESIDING OFFICER: (SENATOR DUDYCZ) I beg your pardon, Senator Donahue. Will the staff please take the conferences off the Floor. Senator Donahue.
Thank youy Mr. President. Recognized that the livestock industry, as well as agriculture as a whole, is changing dramatically al1 across this country, not only in Illinois. And when you look at the livestock industry itself, you have twenty-five percent of our marketing sales is in livestock. Itls a two-billion-dollar industry in sales. That doesn 't even talk to you about a11 the other impacted areas of the economy fron the livestock industry. What we think of as the fanily farm, livestock farm - whatever is not as We remember The technology and *he knowledge dealing wlkh Ehis issue is growing so much, by leaps and bounds, every day. If Illinois is going to remain a leader ln agriculture - and we are today if we are going to remain so, I believe very much, as well as many parts of the industry believey our laws and our rules and our regulations have to change as Well. Today in our laws, the Illinois Environmental Protection Agency has what We call Title 35r and 110 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislatlve Day March 28r 1996 deals with things that happen after the fact. If a spill occurs or some pollution happens, the Illinois Environmental Protection Act Title 35 kicks tn. And there things in that Act that go as far as fifty-thousand-dollar fine fifty-thousand-dollar fine - ten thousand dollars a day. Now, that's after the fact, and in my estimation, we react to this situation. This legislation, in my estimation, folks, is proactive. deals on the front end to try to prevent these things from happening. Flip my page again. Senate Bill 1777 has many provisions, and this will affect two-thirds of the livestock production in this State. May not two-thirds of the individuals in livestock' but two-thirds of the animals that are produced in this State. And there are a number main points, and let me go by them very quickly, I can. sets up that each individual facility has to have a certified managenent livestock manager that's operating this facility. And that's fron three hundred animal units and above, you have to have a certified manager on site. And if you fail to comply with having a certified manager: it's a five-hundred-dollar flne. If you don't comply, it's a thousand-dollar fine. you don't eomply, we go to cease and desist. That means they don't operate that facility till Ehey get a certified manager. Next We have, requires to have a waste nanagenent plan on-site you're between the areas of one thousand animal units and seven thousand animal units. You have to have that management plan on-sitez and you 've :ot to follow it. And anybody frcm the Department of Ag, at any time, can come and inspect that management plan and to ensure that it's being followed. Seven thousand and above, you have to file that nanagement plan with the Department of Agriculture. If you don't comply, it's a five-hundred-dollar fine. Again if you don't comply, it goes to a thousand dollars. If you don't comply, it's a cease and desist: You don 't operate until you comply. That's pretty tough. We have design standards for the waste lagoonsy and l1l STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 you have to meet them. These are standards that are set by the USDA. These are standards by the Saciety of Ag Engineers. And if you say, ''Okay, Laura, you don't have real specific design structures in this, right,'' but we've got diversity in our ground, in our soil types, in the types of areas that these lagoons could go. So those standards have to be set and met or you don't operate - you don't go into operation - because you have to ' register and you have to certify that lagoon. Now , wedve got a 1ot of lagoons ou* there that are already existing, and we can't I affect those by this type of a standard. We affect them in different ways, but We affect them by certifying it. And if you certify a -- a lagoon and you say it's going to meet this l requirement and that requirement and do khis, and ehe EPA comes out -- or, the Department of Ag comes out and saysr ''That doesn't 1 do that: Lauray'' -- or, I mean, ''It doesn't do thaty'' that's a five-thousand-dollar fine: because you have said one thing and done another and, in our estimation, that's fraud. And that's a five-thousand-dollar fine. And thenr it's not just a fine and you goaheadandgoon;youhavetocome into compliance. You are 2 I I required to come into compliance. We set up complaint procedures through khe Environmental Pro*ection - filed with the EPA. We have closure procedures. Now, folks, this is somethlng that people that have opposed this legislation say, ''We don't have any closure.' l Well, there are requirements in this leglslatlon that I ! deal With closure. But the point is, we've never had an abandoned ' lagoon - never, in our knowledqe, have we had an abandoned lagoon. But, oh no, wefve set up the closure standards. We've increased ! the setbacks. That's a very big issue With people in the out -- in the -- that live out there, and I can understand this ! wholeheartedly. Farmers Who live out there understand thls. Under Tltle 35: we used to deal with farmer -- farm residents and nonfarm residents. We dcn 't -- we don 't -- oh, what's the word. 112 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Theybre b0th treated the same. It's a residence. Doesn't make any difference if you're a farmer or nonfarmer. Okay? And I think that's important. The setbacks are set, graduated by the size of the operation. This legislation is vitally lmportant, because the large confinenents, and things are happening in this industry today that are happening now. If we don 't put these regulations and Statutes and laws in place -- these are not guidelinesy folks. These are Statutes. They lre in the law, and you don't meet them, we have some pretty sizable penalties in place. Itîs been a long year and a half, and, folks, r know more about hogs than I ever dreamed I uould, but I believe this -- from my heartz that this is important for thls State, in a state that is so important with agriculture. And I ask for your support.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Jacobs.
Thank you, Mr. President, Ladles and Gentlemen of the Senaie. stand in strong support of this legislation. For those of you - - Senator Donahue has explained it very well. But for those of you who were not in committee and don't know all of the problens that exist: just want you to know that this is not a perfect bill. It's not intended to be a perfect bill. There's still some problems khat we see. But in the absence of this bill, it's carte blance. So I think that the issue really boils down to a Yes vote, and then we can walk before we run.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Sieben.
Ladies and Gentlemen of the Senatez I Would not be true to my roots or to my constituents or to my district if did not stand and speak in strong support of this legislation. You see, my home county is Henry County, Illinois: Hog Capital of the ll3 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 i World. In 1948, Henry County led the world ln hog production' and by resolution of the 66th Illinois General Assembly, Was recognized as the Hog Capltal of the World. We like the sound that Senator Burzynski is able to make over here. That's music to our ears. Today we celebrate this prestigicus honor every Labor Day weekend With a Hog Festival in Kewanee. We still rank first in Illinois and tenth in the World in marketed hogs. And if youdll bear with me for just a couple of moments, I'd like to share some additional information with you. Representative Frank Johnson's resolution in 1948 declared that the hog is the very foundation of Illinois' prosperity and has played a vital role in the history, the economy and the development of our great State. Our pioneer forefathers who cleared the wilderness and conquered these prairies were nourished and sustained on a diet of hog and hominy. The Boys in Blue from 'Illinois Who ran the batteries at Vicksburg, scaled the heights of Lookout Mountain and narched with Sherman to the sea were strengthened for those ordeals by rations of salt pork from the farms back hcme. Pork is good business for Illinois. Pork production in Illinois contributed seven hundred and thirty-eight million dollars in personal income in 1994 and provides more than twenty-one thousand jobs in Illinois each year. The total value of cash inputs used in Illinois hog production is estimated at nine hundred and seventeen milllon dollarsr and the value of Illinois pork industry at the processor level is estimated at 1.46 billion dollars. Hogs? Humans? Yes, hogs and humans can live together here in Illinois. From the back porch of our family farm, you can throw your shoe and hit the chicken coop. You can throw a softball and hit the cattle guards. You can throw I a baseball and hit the hog confinement buildings. And you know What? They al1 breathe the same air, and they a1l drink the same water as the people that live in the house. We -- we refer to that fresh fragrance in the morning as the smell of money. Now, ! 1l4 I STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislatlve Day March 28: 1996 my grandmother lived on that farm , worked on that farm -- I mean, my great-grandmcther. She lived to be a hundred and tWo years ! old. My grandparents - they lived there; they drank that Water; l they breathed that air. They lived to be in their nineties. My aunt and uncle who worked the farm for many years recently retired i and moved to town. They're in their eighties. Hcgs? Humans? 7es, they can live together here in Illinois. And you know What? Hogs are powerful medicine. Hog skin that has been specifically ! selected and treated, because of its similarity to human skin, is l used in the treakment of massive burns in humans. Hog pancreas glands are an important source of insulin hormone used to treat ! diabetes. And since 1971, hog heart valves that have been i specifically preserved and treated are surgically implanted in humans to replace heart valves weakened by disease or injury. Yes, hogs and humans can live together here in Illinois. Nowy many of us strive to live high on the hog. Many of us raise funds f ; or our campaighs by holding hog roasts, or pork chop barbecues, or selling hot dogs. Many of us refer to our opponents' criticism ( - - to our opponents'criticismas'somuchhogwash'or''nothing J more than a pig in a poken. And President Truman saidz 'No man 1 should be allowed to be President who does not understand hogs.'' And a hog named Babe, last Monday night: alnost won an Academy I I Award. So, yese Ladies and Gentlemen, I strongly believe, as a ! representative from the Hog Capital of the World, that hogs and humans can live together in the State of Illinois. This is a good I blll for the livestock industry in Illinois and will help ensure ! that hogs and humans continue to live together and prosper in the State of Illinois. Thank you very much. l PRESIDING OFFICER: (SENATOR DUDYCZ) ! Any further discussion? Senator Demuzio.
Well, thank you very muchr Mr. President. J talked to Sena*or i I 1l5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Sleben a few minutes ago, and he asked me if T had any thouqhts about what he mighe say about this bill when it -- it came up . And so T gave him my speech, and I just wanted to say that he delivered very well. Thank you.
PRESIDING OFFICER: (SENATOR DUDVCZ) Any further discussion? Senator O 'Daniel.
Thank you, Mr. President and Members of the Senate. I rise in strong support of this blll. And you know, this -- ehis isn 't a step in the -- I mean, this -- thls isn 't the cure-all; this is a step in the right direction. There 's about three percent us that are really involved with agriculture, but We have to try to live with the other ninety-seven percent of the people. We have to do something about the odor. There's a 1ot of concern about the large producers coming into this State, and I don't think it's any threat to the efficient family operationy but We have to address these issues. And Senator Sieben probably -- he surely hasn't heard about the Carolinas. They're the ones that produce more hogs now than any -- any other state in the nation. We raise nore feed grain in one of our counties here than they raise in the whole, entire State of -- of North and South Carolina both. And We need to get our act cleaned up, and we need to clean up these -- these facilities and do sonething about this odor and -- and welcome large operators into our -- our State. You know, back several years ago they said foreign owners would own al1 -- a11 of our land, and no one knows that issue any better than I do. And they - - they aren't a threat to any efficient operation. So, I think we can all live together. This is a -- a step in *he right direction. We have to clean up the environment, and I think this is a move that'll thatlll do that. And I support this...
PRESIDING OPFICER: (SENATOR DUDYCZ) Any further -- any further discussion? Senator Philip. l16 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996
Thank you, Mr. President, Ladles and Gentlemen of the Senate. I certainly agree with Senator Sieben, but I think he's a little confused. The Hog Capital of Tllinois is Pittsfield. It happens to be in Pike County. Senator Farley and I have hunted there for deer for about fifteen, sixteen, seventeen years. And if -- if you don 't -- you think Idm not accurate, I will take you to the courthouse, because they have a hog on the ground there, and says the Hoq Capital of the Worldy I believe.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Jones.
Yeah. Thank you, Mr. President. I had a 1ot to say on this billr but -- but the Members Who spoke hogged all the time. Soz therefore, 1'11 -- 1$11 restrain my remarks.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Woodya'rd.
Thank youz Mr. President and Members of the Senate. 1111 try to be very brief. And I do apologize that I didn't win the Academy Award. This spring webre going to shcot another one, though, With a potbellied pig, next year. -- I want to make only two points, and the first was to really congratulate Senator Donahue on the work that shefs done on this bill. Ie's been exasperating: frustrating, long hours, and -- and I think she's got a good bill. The second thing: I've talked to many opponenks, and Ehere are opponents out therey people who are very, very concerned about the environment. And I asked this question: Why are you opposed to tbis bill? ''We1l, it doesn't do enough.'' And I said: Well, will you aqree that tt does something, however infinitesimal? And finally, grudgingly, the answer is yes. And I said: We're not done with this issue yet; it's çoing to have to be revisited. And ll7 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28y 1996 and hopefully we will reach that accommodation. But I think at this polnt in time, Laurafs got an excellent bill, and I Would encourage an Aye vote. PRESIDING OFFICER) (SENATOR DUDYCZ) Any further discussion? If not, Senator Donahuer to close.
Thank you, Mr. President. I appreciate th: comments by many of you. In a joking manner, I've been referred to as the pork queen, and as a legislator, that's pretty great, but it's the wrong kind of pork, guys. No, seriously, this industry recagnizes - - and -- and we're -- we have a 1ot of references to hoqs herey and maybe that's What's in the news. But this affects livestock. Chickens, turkeys, sheep r beef - a1l of them. Okay? Tt affects a11 the livestock. So it isn't just related to pork. But the livestock industry itself recoçnizes that there -- things are changing out there in rural Anerica, and they want to deal With an education process. We didn't talk a l6t about that. I talked about a certified manager, but they're holding seminars dealing with how to be friendly more neighbor-friendlyy how Eo deal with odor, and you don 't go out and you spread manure on a Saturday afternoon when your neighbor might be having a barbecue. We're putting rules and regulations that you inject and integrate this into the land when you can. And I bet everybody, if I Were to ask you how often you think manure goes out there on the field, you'd probably say frequently. No. It's about once or twice a year, and most of *he time, it's very diluted. They don ': put the solid out there. T mean, we have a 1ot of misconceptions. And I Would venture to say that when we talk about educating managers and producers, we need to educate the public as well. And it's to make it better and to understand it. This is a fair and it's a balanced piece of legislation. It recognizes the concerns of the people that live out there. Tt also recognizes 118 STATE OP ILLINOIS 89TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 the concerns of the producers. If we went to some of the I l alternatives that have been proposed: We'd put them out of j business. And as I told you, this is twenty-five percent of our j economy, are the sales of -- agriculkure in this State. It's I critical. Wefve had here today. and it's sort of coincidental, l buk we've had a bunch of FFAers in our audience and they're . visiting your offices. This is their future. They 're learning l new techniques and new -- new technologies on how to deal with ' j things in agriculture. And it's a wonderful future for them. And I think this legislation puts not quidelinesr folks, as some of the newspapers refer to it, puts laws and Statutes and restrictîons and regulaelons, and lf you don't do it, you've got penalties. So, pleasez I ask for your support, and I thank you.
PRESIDING OFEICER: (SENATOR DUDYCZ) The question is: shall Senate Bill 1777 pass. Al1 those in favor will vote Aye. Opposed Will vote Nay . And the voting is open. Have all voted who wish? Héve all voted who wish? Have al1 voted who wlsh? Take the record . 0n that question, there are 51 Ayes, 1 Nay,none voting Present. And Senate Bill 1777, having l received the required constituttonal najority: is declared passed. ' Senate Bill 1785. Senator Molaro. Mr. Segretary, read the bill. j I SECRETARY HARRY: I J Senate Bill 1785. I (Secretary reads title of bill) ! 3rd Reading of the bill. ' PRESIDING OFFICER: (SENATOR DUDYCZ) . Senator Molaro.
Thank you, Mr. President. It's a education billr and basically What it dces today, does two thin:s. There are speech ' pathologists that the Chicago Board uses and are used throughout -- al1 school districts use: and these speech pathologists are ll9 I I STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislattve Day March 28, 1996 I licensed, they're certified, as speech pathologists. However: to I teach in some of the school districts, you also have to go out and get a certifieate from the school district -- Skate Board of I j Education will issue a certificate. Well, it turns out that in some of the sehool distrlcts, in nostly Chicago, We do not have enough speech pathologists that are licensed and certified that also have the additional certification from the State Board. So we're runnin: short. We just can't find them. So this bill allows that when there is a shortage, it alloks the school district to go out, when there is a shortage and a need and the schoolchildren need the school pathologist, to go out and get a lieensed, certified school pathologist, even though he does not have the Board certificatlon. That's part one of the bill. Part two of the bill: About a year and a half ago or last yeary the Legislature -- if you look on your old tax bills: theyfd have about nine or ten things that go to the Board of Educatlon. Al1 of it Was consolidated into oné, except the tort product liability . portion. We -- that was omitted. Whether it was by error or by design we're not sure, but we would like to put that in Wikh the rest of it where it should have been last year. Those are *he two portions of the bill.
PRESIDING OFFTCER: (SENATOR DUDYCZ) Any -- is there any discussion? If not, the question is# shall Senate Bill 1785 pass. A11 those ln favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted Who lish? Have a1l voted who wish? Have al1 voted who wish? Take the record. On that question, there are 54 Ayes, no Nays, none voting Present. And Senate Bill 1785, having received the required constitutional majorlty, is declared passed. Senator Cullerton, what purpose do you rise? ...Bills on the Order of 3rd Reading. Senate Bill 1796. Senator Molaro. Senator Molaro. Read the bille Mr. Secretary. I 120 ' STAQE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ! SECRETARY HARRY: ! ! senate Bill 1796. I l (Seeretafy reads title of bill) ? 3rd Reading of the bill. ! l PRESIDING OPFICER: (SENATOR DUDYCZ) I 1 Senatar Molaro. ( ! SENATOR MOLARO : ! I Yes. Thank you, Mr. President and Members. This is a bill I that only applies to the City of Chicago. And what it does, it ' I allows khe City of Chicago ko go to administrative adjudication of ' municipal ordinances, instead of aluays going to the Circuit Court I I of Caok County. This is a cost-saving measure, because there are : many municipal ordinancesp such as home repair fraud or possibly ' ! illegal dumplng, where thereby you can -- you can get a CC ticket, l go to administrative adjudieation. You would not have to burden ! the elerks of the courtp judges, sheriffs. Tt's a cost-savin: ! measure. We've put in a -- a ycovksion, because the Realtors ! wanted it and -- and other groups, that if after five days of I notice of a hearing you decided to go straight to the Clrcuit . court, you can do that. So, it's just strictly the City of Chicagor and it is a major cost-saving piece of legislation. ! Thank you. '
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, Senate -- shall Senate Bill 1796 pass. All those in favor will vote Aye. OPPased will voke Nay. And the voting is open. Have al1 voted ! l who wish? Have al1 voted Who wish? Have a1l voted uho wish? ; Take the record. On that questionr there are 54 Ayesr no Nays, ! none vottng Present. And Senate Bill 1796, having received the : requtred constitutional malorityr is declared passed. Senator -- ! Senator Cullerton: what purpose do you rise?
121 ! ! i STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Point of personal privilege. l I PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR CULLERTON: Mr. President, Members of the Senater I have a -- l schoolchildren from a school in my district here: the Abraham l Lincoln Elementary Sehool in Chicago. And they 1re here with three of their teachers: Ann Patricia Duffy, and Carolyn Smars and Jeffrey Weaver. And I would like to ask -- I'd like to yield to Senator Garcia, who also would like to identify at least one of the students that are included in this school. PRESIDING OFFTCER: (SENATOR DUDYCZ) Senator Garcia. SENATOR GARCIA: I . Thank you, Mr. President. I rise for a point of personal privilege. 1 ! PRESIDING OPFICER: (SXNATOR DUDYCZ) ! State your point. SENATOR GARCIA: 1 And I just Want to echo the proud words of Senator Cullerton. I Abraham Lincoln School in the City of Chicago is one of Chicago 's ! finest public elementary schools. And I also Want to recognlze and thank a11 the parents and chaperones which are here With a ' group of about a hundred students, some of the best students in : the City of Chicago. Andz of coursey my son is With them here. : He 's taken out a seat in the Illlnols Senate. So, I want Eo say welcome to Springfield to the great class of 1996. PRESIDING OFFICER: (SENATOR DUDYCZ) : Will -- ?il1 our guests please rise and be recognized? : Welcome to Springfield. Senator Cronin, what purpose do you rise? SENATOR CRONIN: i On a polnt of personal privilese. ! l22 I 5 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28# 1996 : PRESIDING OFFICER: (SENATOR DUDYCZ) I ; State your point. SENATOR CRON:N: I'd like to direct the attention of the Members of the Senate E to another family from the mighty City of Elmhurst, the Daughtrys l are here, Phil and Cindy Daughtry and their family. Would they I please rise and be recognized? I I PRESIDING OFFICER: (SENATOR DDDXCZ) 'I Will our guests please rise and be recognized? Welcome to I i Springfield. Senator O 'Malley, whak purpose do you rise? l I SENATOR O'MALLEY: i Mr. President, I rise on a point of personal privilege. j PRESIDING OFFICER: (SENATOR DUDYCZ) i ' State your point. i SENATOR O IMALLEY: l I would like to Welcone to the Senate and to Springfield my i ' hometown Mayor from Palos Park, Donald Jeanes, and the Village i i Administrator, Pat Jones, who is -- who is here today. i PRESIDING OFFICER: (SENATOR DUDXCZ) j Will our guests please rise and be recognlzed? Welcone to i Springfield. Senate Bills on the Order of 3rd Readlng. Senate I q I Bill 1811. Senator Bomke. Mr. Secretary, read the bill. k SECRETARY HARRY: I senate Bi1l 1811. i i (Secretary reads title of bill) I 3rd Reading of the blll. j PRESIDING OFFICER: (SENATOR DUDYCZ) I Spnator BOKkP. 1 : SENATOR BOMKE: i Thank you, Mr. President and Ladies and Gentlemen of the ! Senate. This bill simply defines the boundaries of a municipally i operated utility company and an investor-owned utility company. ' i l23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 is an açreed bill between the municipal system and investor-owned utilitlesy and I know of no one in oppcsition. Tbank you.
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Trotter.
Just one question. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor indicates he Will yield . Senator Trotter.
Yes, Senator Bomke, just curious: Does this bill limit competition in any kind of way?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Bonke.
Well, what -- what the bill does, just simply, as indicated, defines the boundaries for municipally operated utilitfes. It will prevent a investor-owned utility going into munkcipal limits and taking business away from the municipality.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Trotter.
So: does this bill grandfather in the exlsting utilities? Does this you're trying to you're looking at deregulatlon somewhere down the line, and this basically just protects those utilities that are there already. Is that correct?
PRESIDING OEFICER: (SENATOR DUDYCZ) Senator Bomke.
That is correct.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not, the question shall Senate l24 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I Bill 1811 pass. Al1 those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have a11 voted who Wish? Have all voted who wish? Have all voted Who wish? Take the record. On that question, there are 49 Ayes, 3 Naysr none voting Present. And Senate Bill 1811, having received the required constitutional najority, is declared passed. Senate Bill 1812. Senator Bomke. Senator Bomke. ...Bi11 1814. Senator Dillard. Mr. Searetary, ! read the bill. SECRETARY HARRY: Senate Bill 1814. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Dillard . SENATOR DILLARD: Thank you, Mr. President and Ladies and Gentlemen of the Senate. Yhis legislation essentlally completes something that was started a number of years ago , and that's a transaction between ! the State of Illinois, the Department of -- of Military and Naval or our National Guard, and the Museum of Contemporary Art in Chicago, which is in Senator Cullerton's district. What this bill l does is it allows the State of Illinois to convey the old Chicago Avenue Armory property in the -- just off of the Gold Coast, I ' guess, in the City of Chicaqo to the Museum of Contemporary Art for a piece of property that was much more expensive, located down r near Roosevelt Road or around Mccormick Place. There's also a provision ln here for Senator Rea's district. I believe that this ! is not controversial, but I'd be happy to answer any questions, Mr. President. PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? If not, the question is, shall ! Senate Bill 1814 pass. A11 those in favor will vote Aye. Opposed l25 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 wkll vote Nay. And the voting is open. Have alk voted Who Wfsh? Have al1 voted who wish? Have all voted Who Wish? Take the record. On that question, there are 54 Ayes, no Naysr none voting Present. And Senate Bi11 1814, having received the required constitutional majority, is declared passed. Senator Demuzio, what purpose do you rise?
On a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
I have a group of slxty: although they're a1l not in the Chamber at the moment, frcm South School in Carllnville, Illinois, who part of them are in the gallery behind me, W1th their teachers. I'd like to have them to rise and be recognized by...
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Springfield. Senate Bills on the Order of 3rd Reading. Senate Bill 1823. Senator Syverson. Mr. Secretary, read the bill.
Senate Bill 1823. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Syverson.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 1823 brings much-needed reform to our penal system. Ten years ago: the prisons in this country housed approximately four hundred thousand inmates. Last year, as you know, we passed over one million in the penal systems across this country, costing taxpayers over twenty-five billion dollars to l26 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TZANSCRIPT 90th Legislative Day March 28w 1996 house these inmates. In Illinois this yeary we should reach and pass forty thousand inmates. As startlin: as those numbers are and as eostly it is to the taxpayers, the bigqest problem that is facing our states and our country is the problem of recidivism. In Illinois this yeary approximately twenty thousand inmates will be released from our prisons. Witiin thirty-six months, nine thousand of those inmates will come back to our communities, ccmmit a crime, be rearrested, prosecuted, housed at our local taxpayer expenses and be sent back to the system. That's a forty-five-percent recidivism rate in just three years. That's not countin: those who have left the State and been rearrested; that's not counting those who are serving in county jails or those wha are awaieing trials. we bring those in# we're well over a fifty-percent recidivism rate after just three years. The current system is not working by any measure or by any neans. Crininals have no fear of prison. And frankly, why should they? Look ae where they're coming from and look at what they're getting. It's not a1l so bad. Clean room: three square meals, weight roomsr basketball courts, TV make that color, cable televisions stereos, conjugal visits, unlimited free health care, unlimited free dental care, unlimited free legal care - frankly, better services than nost of us receive. The question is: Who's really being punished here? Is it the prisoners, or is it the victims and the taxpayers? So how do we stop recidivlsm? The first thing we need to do is make prison what was intended to be, and that is punishment. This bill proposes a pilot program for pu*ting repeat convicted felons - those who have been sent to prison, were released, have come out and committed yet another serious crime; those individuals that didn 't care about the humiliation or what they did to dehumanize their victins - this bill would say, ''You are going to have to work eight to ten hours a day.'' Since there is no work inside of prisone obviously they need to work outside l27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th begislative Day March 28, 1996 I of prison, and to protect the publice they will have to be j I shaekled. Three states have this in place already. Three states 1 have pilot prograns: includlng Wisconsin: Michigan and Iowa. Six j f others are looking at legislation tbis year. To reduce j recidivism, we need to do more ehan teaeh a work ethic. That's j why the second part of this legislation addresses 'lno read, no i 1 release''. Fifteen percent of felons who leave Illinois prisons j 1 today gannot read and write. That's three thousand convicted ) i felons this year kho Will leave our prisons, come back into our 1 I communlty anable to read and write. The likelihood of these 1 I individuals finding work is pretty nil. That's why the recidivism I 1 rate for these individuals is over seventy percent. We talk about I / passing unfunded mandates onto local governments. By sending 1 I icted felons that .can't read and write back to local l conv I I communities, does that. This legislation says that those ! 1 individuals Will lose their good time unless they can pass a basic I . J literacy exam. Part of this legislation also enables the prison ! to implement elosed-clrcuit educational prograns. Third: the bill I 1 includes language puKeing in the Departmen: oê Correction's ! I language that adds various proposals to the Department to give ! I them more rapidly and effective diseiplinary measures. Lastly, ! l because of the increased number of incidents of violence asainst I 1 correctional officers, this bill would allow correctional officers ! the riîht to conceal and carry. Currently Wardensr superintendents, police officers have this. We have agreed that there needs to be rules and regulations set up similar to the lansuage that Genakor Dillard had last year. We Will Work with the Department of Corrections to draft tha: language on that. With that, I'd be happy to answer any questions you might have. TRESIDING OFFICER: (SENATOR DUDYCZ) Is there any diseusslon? Senator Cullerton. SENATOR CULLERTON: 128 ! 1 I I . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Yes. Thank you, Mr. Presidentr Members of the Senate. Reinstituting chain gangs is somekhing which, at first, at first blushr think about it and you sayr 'êAh: yeah, that's a great idea. Let's do that.'' We had the benefit of the testimony of the Director of the Departnent of Corrections in our committee, and they filed a correctional budget and inpact note. And we learned, from the Director, that right now - in fact, since 1980 - the Departmept has had l' ow-risk innates working in work camps, on road crews. And they certainly are not chainedr because they are low-risk, and their movement is not restricted. In factz over a thousand inmates are involved in community service projects in 1995, and they worked during the Great Flood of '93 and '95 to do sandbagging and then cleaning up after the waters receded. Now, these are the low-risk inmatesy kho we certainly wouldn't want to have chained if we want them to be effective in performing the service that they have been perforning. So that leaves the high-risk inmates, who Senator Syverson Would -- would have us released from the secure facility out into the public. Now , remember a Woody Allen movie where a chain gang escaped disguised as a giant charm bracelet. That was humorous, but what Was not humorous occurred in January of this year when two inmates escaped from a chain gang in Alabamar one of the states that has this. I really believe the Director when he said that this is something that Would be a concern for publle safety. The inmates in the community would escalate the cost of incarceration. The Department will incur additional expenses, and I personally Ehink this will have nothin: to do with the recidivist rate that the Senator talked about. The real problem in -- in the facilities, in addition to overcrowding, are the gangs, the gangs that are thrivinq inside the prisons. And wedve had legislation that's been bottled up in the Rules Committee to study and go after this severe problem. Instead of passing those billsy wedre passing 129 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Le -gislative Day March 28, 1996 i something which is supposed to be symbolically toughy whieh I think will not have any effect at all. In fact: Will end up costing us money. And the first Eime somebody escapes from a chain gang, we're qoing to be very sorry we passed this bill. PRESIDING OFFICER: (SENATOR WATSON) ' Further discussion? Senator Collins.
Thankyou:Mr President and Members of the -- Members of the . 1 Senate. Talking about this little amendment over here that's on it too. Oh, it didn't get filed. It should have been. Senator cullerton mentioned a movie about chain gangs, but I eame from the State of Mississippi, and when I was a little girl, I could hear all the times the stories of the horror of the treatment of people - prisoners - on chain gangs and what they were used for and how they were used . There's no doubt in my mind that we have a serious roblem of dealing with crime in the State. and -- and I've been one of the advccates here, I think, who have offered some j suggestions as to how ue can best curtail crime in this state and I in our communities. But none of the -- the issues that -- that have dealt with the real problems of crime has been adequately 1 addressed or even considered by this Body. We should not want to I turn back the clock to areas where people were -- that -- that I incites emotions of history where people were looked upon as being 1 subhuman and where people uere used - chain ganqs - to actually go ! out and to be farmed out to make -- to -- to farm for cheap labor ! - - I mean, for -- for slave laborp for special people that the I government wanted them -- Who was in charge kanted them to go out I I and provide free service to. People got rich off of that. And ! r'm afraid that any type of program like this would end up being l abused the same way. And it's not going to solve crime. You're ! just going to have a further - further - proliferakion and -- and I - - and the divisions of -- of race and ethnie groups in this -- in ! 130 I ! STATE 0F ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 this State, because the chain gang concept brings back horrible, horrible memories of even how people kere chained together in slave boats coming here. And when you lo6k at the prisons, about eighty-five percent are minorities. It's not because they're the only people that commit crime; it's because they are the people who least can afford high-prieed attorneys to get them off whether they're guilty or innoeent. And I think if anything eame out of the -- the whole case that -- that the khole country and the whole world watched back here in this summer, the O.J. trial, is that if you 've gok money, it doesn't matter whether you dre guilty or innocene. And that's what's so unfair about our criminal justice syskem. There are a 1ot of people out there Who have comnitted crimes, and there are a 1ot of people out there who are there simply because they could not afford a lawyer to get then off. And that's so unfortunate. But what -- forever -- it is worth, chain gangs is not going to do anything to stop crime - anything. If illegal (sicl injections, if the electric chairw if a11 of the other measures that the Class X legislation that we've passed and a1l of the other prlsons that we -- the billions of dollars that we 've spent on prisons, if none of that is helpingy then I don 't see what chain gangs are goin: to do, except - except - further polarize the race and the -- and the economic classes in this State. We should not do this.
PRESIDING OFFICER: (SENATOR WATSON) Further diseussion? Senator Molaro.
Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. You know -- you knoer once againr lt amazes me that myself and my colleague, Who introduced the bill, think the same way. Obviously prisons should be a place to go for punishment. Shouldn't be a place to go where you can exlst and enjoy yourself, where we've got prisoners who get out and say: ''I had it better in 13l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 1 90th Legislative Day March 2B, 1996 the joint; I might as Well go back there.' Thatls not khat We have prisons for. It should be a place of punishment. That's part of it. When you get sentenced, you should be punished. Now, problem is: HoW do you move towards punishment? Wedve got federal courts - Senator Fawell, sometimes theydre not thinking right - telling us how we could punish our prisoners. So We should think of ways to better punlsh these people who won't behave themselves? Now, the problem is: How do we do that? And we start gettin: into different ways, and ehat's where we seem to disagree. Nhen T first heard this chain gang stuff - and this is al1 due respect - I actually -- I actually thought We were kidding. Wefre supposed to be visionaries in this Body. Visionaries. I looked it up in the dictlonary. Forward thinkers, not backward thinkers. You nean, we've cone a11 this time, and all ke could do to punish people is go backwards? Let's think of things we did in the twenties? Let's shackle 'em? Let's have bright-colored uniforms? So this Way, when my kids are driving down a highway, we could see probably ninety-five percent of them: sad to say, will be black or Hispanics, and they could see them in orange-colored uniforms and say, HThere's the bad nen right over there.'' Thatfs a crazy way to punish these people. Let's think of ways to punish them inside. We also -- don't forget this - if you see any movies out there, you understand. If they have three or four guards watchin: ehem and they're shackledg talk about inviting a prison break, talk about bein: able to come and take out three or four guards and freelng their brother or fellaw dope dealer. Why would we do that? Why would we make it easier? Why would we make a skeptical (sic) of those people? It makes no sense. Let's put them in prison, take auay their VCRS, take away their colored Tvs, take away their privileges. That's how you punisb people. ïou don't go putting them outside to be -- nake a spectacle. Nowyifwedecidetopassthis:however:andWe don't ) l32 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28y 1996 want to listen to that - if I night say so myself - some sort i wisdom and think forward, and we want to go backwards, we 've got to go all the way back. If we're going to do this, I Would ask the sponsor if he would take an amendment. We suspend the rules and put an amendment on which I passed out. Now y We already got to say that they've got to be shackled, they've got to be chained, l i they've got to where bright-colored uniforms. Well, I don't want I 1 them out there in Highland Park going up and down the expressway I singin: gangster rap . I have a list of ten prescribed songs that , ( are - I only have seven - that they could sing while they dre i shaekled, so theyfre -- theydre required singingy 'cause I'm not going to 1et them go out there and sing whatever they want. Nowr we -- we missed -- we missed a few. I missed ''Chain of Foolsn. I missed ''Breaking Up is Hard To Do''. And I missed ''I Fought the Law and the Law Wond'. I -- I forgot them. So I left a feW blank, and hopefully, if you won't suspend the rules today 'cause it's late in the day, maybe we could attach it to the House, and this way we can have rules for that. Because if we're going to go backwards, let's qo a1l the way back. And I think it's wrong . Now, 1'11 comment on one last thing . Part of the b111 -- Amendment No . 5 talks about Departnent of Correction guards. Remember: If you vote Yes for this, you 're voting Yes for this I i also. Department of Corrections now - you can where your gun to and from work. So these -- concealed weapon. So they're going to l j have a gun in the holster. They can carry it to and from work and i on the job. Well, Ehis bl11 says they can starE carrying i: I j i everywhere, every time, in bars, in ballparks, in gyms. So now , I ! remember: These aren't police officers. They Were trained to take , care of hardened criminals, tc react quick and fast and with authority to hardened criminals, not how to respond to ill-perceived threats on the street. Now, until We start chaining - - tralning our Department of Correction guards to deal with 133 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day Mareh 28, 1996 ; street issues and what's right and what's wrong and extensive training like police officers get to deal with on-the-streets issues, we would be crazy to allou them, when theylve only been trained to deal with prisoners, to carry guns on the street. It doesn't nake any sense. Both of these pieces of legislation is well-intentioned, bu* theyCre ill-conceivedr and T urge a Xo vote.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator HDead Man Walkingff Sieben.
Thank you, Mr. President. It has been a long week. It is getting late in the day. I move the previous question.
PRESIDING OFFICER: (SENATOR WATSON) Thank you. There are probably -- now we have six speakers. We have six speakers to speak on this issue. The next speaker Will be Senator Geo-Raris.
Mr.'President and Ladies and Gentlemen of the Senater I got this proposed amendment by ny good friend, Senator Molaro, and he has three songs listed as Hblankn# Hblank'f' f'blank'?* That's what these viciousrapistsandmurderersandrepeatoffendersmightbe thinki.n: in their minds. But I uant to tell you something: I'm 1 sickandtiredofthesepeoplegettingbyWithnurderandrapeand j child nolestation and just being allowed to beinthejail. ' j That's not enough, in my book. They should be out Working, I working -- and if they need to be chained in order to be there and not to escapew then theydll have to. But this doesn't matter whether it's white or black. To me, people who commit crimes like that and are repeaters: they don't deserve any extra ounce of ! mercy. They didn't qive any extra ounce of merey to their victtms: and their victims are elther dead or maimed or probably i in a psychiatric inskitution because of scme of the horrible things done to them. And When I sit here and listen to a11 this j : i 134 : I STATE OF JLLTNOTS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28: 1996 i -- these leaping -- these weeping hearts about these poor, I darling,littleprisoners who are repeaters of violent crimes, J that they shouldn't be able to work, let them put them out in that roek pile, 1et them put them out and straishten our roads. It saves the taxpayers a heck of a 1ot of money. 1, for onew am for ehe vlctims, and I have a song to say: ''It's Too Bad You Did What You Didn. Quote. And they should stay on that chain gang if he have to,because ifthat'sthe only *aywe can keep them clustered 1 togetherso that they don'tescaperthen that's fine. But they 1 J need to pay their penalty the way they should,notby being 1 nollycoddled, because those poor victims didn't have a chance. And I speak in favor of the bill. . PRESIDINGOFFICER: (SENATOR WATSON) j F . l urther... 1 . f END OF TAPE J 1 . TAPE 4 . I I PRSSfDFNG OFFCCER: (SENATOR WATSON) / ! I . .. discusston? Senator Welch. l SENATOR WELCH : f I Had a question of the sponsor. I PRESIDING OFFICER: (SENATOR WATSON) I S indicates he'll yield, Senator Welch. I ponsor I SENATOR WELCH: ! Senator Syversone under the boot camp proposal, it Was limtted i ! to certain crimes for eonvicts to be into the boot camps. Senator ! 5 Geo-Karis just raises the issue of whether rapists and murderers I f wi11 be out on a chain gan:. Is -- does your bill have any I ! I l35 1 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28# 1996 restrictions as to who could be put on a chain gang? PRESIDING OFFICER: (SENATOR WATSON) ' Senator Syverson.
0ur bill allows the Department of Correction to use its discretion. So, obviously, it would be up to them in this pilot j program to utilize medium-security inmates who have been repeat 1 offenders,those who have victimized notonce,but twice. 1
PRESIDING OFFICER: (SENATOR WATSON) Senator Welch. i
Wi11 there be a -- an increased number of guards needed to have the chain gangs? I !
PRESIDING OFFICER: (SENATOR WATSON) I Senator Syverson. ! SENATOR SYVERSON: I Those states that have lmplemented it have had a reduction in the need of guards, because it's had less problems, not only cn I ! the gangs, but less problens in prison, because when these people I have to work for once, eight to ten hours a day, theylre too tired ! to cause trouble back at prison. So it also reduces the number of I violent activities that are in prison. That's What the E documentation shows. That's What the proof is of those states I that already have that in place. PRESIDING OFFICER: (SENATOR WATSON) I 1 Senator Welch . I SENATOR WELCH: I Finally, What do you envision these prisoners doing? Are they I I going to be working along the hlghways throughout the State picking up garbage, or are they going to be -- now we'd be... l Theory is theybre out there breaking roeks; I don't know Where they would be breaking rocks in -- in the State. Buty is that What ! ' 136 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 1 would be happening, just be a make-work project, or would they actually be accomplishing somethlng?
PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson. SENATOR SVVERSON) The bill specifically states that they Will be dolnq work that's currently not being done by the private or public sector, which would include parks, cleaning up riverbeds, creek sites, roadsides; basically doing the same things that we ask the Girl Scouts, church groups, and other civic groups to do through Adopt-A-Highway program.
PRESIDING OFFICER: (SENATOR WATSON) Purther diseussion? Senator Palmer.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates he Will yield, Senator Palner.
Senator Syverson, since the Department of Corrections doesn't want this bill, who 's asking for it?
PRESIDING OFFICER: (SENATOR WATSON) Senator Syverscn. l
The citizens of Illinoisy who are continually being victimized by these repeat offenders. In a recent study, it says that twelve hundred violent crimes will be committed today in this country - j twelve hundred - by convicted felons. Somethlng has to be done to protect the families of this State and of this country. 1 PRESIDING OFFICER: (SENATOR WATSON) I Senator Palmer. I I SENATOR PALMER: j To the bill: I'm a cltlzen of Illlnois, a victim of crime. I I 1 I 137 i I STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ! I live in -- I'd love to take a poll on your side of the aisle to see if your district is like mine. I have a 1ot of crlminal activlties and victims living in my district. T doubtr very I seriously, whether my Illinois citizens Who live in my district I would be for this. And 1et me get off the chain gang thing for a I noment, and ask -- just point to this literacy. I spent the early ' I part of my professional life teaching the hard-luck, angry I children with learning problems. Ended up, in a later period of I time, coauthoring a book on adult literacy, to teach some of these I people that you're talking about who can't read. Now as I read ! your bill, you are saying that people who have literacy problems j are now going to be chain ganged into learning. I think this is I barbaric. And if we are serious about literacy, then it has no I business being in a prison chatn gang bill. The whole idea of I this is barbaric. And I Would suggest that the citizens of I Illinois are a diverse cross section of people uho need to be I consulted mcre than this bill has allowed for. I I
PRESIDING OFFICER: (SENATOR WATSON) 1 Further discussion? Senator Hendon. I
! Thank you very muchr Mr. President. I -- We have made sone I interesting votes this week, and this is one of them. Now I know I the sponsor of this bill personally does not have a racist bone in I his body. T knok that; T believe that. Unfortunateïy, that is I not the way this bill is seen in my district. And I 1as sent to I represent the people of my distrtct. The problem With Ehe chain J gang -- and I'm just as tough on crime as anybody in this Chamber. I Senator Dudycz has had occaston to visit my home While I Was a j victlm of crime. And I also voted for the right to carry a ! concealed weapon that Senator Petka sponsored, so Ehat people ! could protect themselves from crime. So no one can say that I'n l soft on crime or a bleeding-hearted liberal or anything like that. ! l38 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I I But I uant you to just understand what this bill is going eo do if I it passes. And before I do that, I do have a couple of questtons I / for my good friend, Senator Syverson. Would he yield for a I 1 I question? I TOR WATSON) ? PRESIDING OFPICER: (SENA I Yes, ehe sponsor Will yieldy Senator Hendon. I I SENATOR HENDON: I i Is there anything in your bill that would stop any prison from I J contracting these chain gan: lnnates ou* to work in the private I ! sector? ( 1 PRESIDING OFFICER: (SENATOR WATSON) ) I Senator Syverson. ! I SENATOR SYVERSON: I I think it specifically says they eannot do any Nork that's l I I being done by Lhe private seceor or by the public sector. I SIDING OFFTCER: (SENAIOR WATSON) I PRE l i Senator Hendon. i SENATOR HENDON : 1 ! I -- I heard you when you said that; however, T'm not -- I'm f ! talking about work that is not being done by the private sector. I ! Say there ks a factory down in southern Illinois that if certain I ( wark was done that they are not doing, and that the government is I ! not doing, if that work was done, it would benefit their factory ! ! or help them to expand. Is there anything ln your bill khat vould ! ! stop or prohibit the Department of Corrections, or any individual I Warden, because I -- I guess it's up to each indlvidual wardene ! ! from having them do work that will benefit a company or a ! s I Corêoration? / I PRESTDING OFPICER: (SENATOR WATSON) I ! Senator Syverson. ' ?
It's up to the Department o: Correetions to set the program I l39 . ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 and that's certainly not the intent. And if that is a concern, We '11 make sure that that is specifically spelled out that that is not the case. PRESIDINGOFFICER: (SENATORWATSON) 1 ! Senator Hendon.
I Iwishyouwouldtakeitoutoftherecordand--andspellit j out here, because We don 't know what will happen over in the i House: With elections cominî up . People Want to be tough on crime and they could be very radieal. And I want you to understand What will happen if this is not eleared up. What you will do -- if I you're having inmates do work for a company or a corpcra*ion for ! free, that is called slavery. That's What it's called, Senator. It's called slavery. Slavery. And if they 're chained up with ! I : balls and chains at the time that they 're doing this Work, which is going to be up to each individual warden, and there are some ! I good vardens, but I -- I'm reminded of a novie, too - I think it E I was Cool Hand Luke, or something like that - and they had a Warden ! I that was for sale, and the warden had everybody out there working ' I for corporations. I think they shot hin . That was cool, 'cause th I ey should've, because he Was involved in a slave trade, and that 1 was all it is. So you really need to clear that part of your bill up. The other thingr I sit on Appropriations, and I recall that I ' we in fact, cut educational programs for inmates last year. Do ! , , you recall that , Senator Syverson? Well, we did. Now, hoW are we I going to now say Ehat lf you don't learn to read and Write While I you dre in there, but we're qoing to cut the programs and cut the l books and close down the library? I think that's a contradlction. I Don't you see the contradiction in that? ! PRESIDING OFFICER: (SENATOR WATSON) ! Senator Syverson. SENATOR SXVERSON: 1 ! i 140 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legtslative Day March 28, 1996 ! This is actually an opportunity for *he Department to shoW some ereativity, without always havin: to ask for money. There are plenty of ways to teach lndividuals how to read and write withoue setting up a big bloated bureaucracy. We have closed-cireuits. We have educational programs that are currently in there. We have literacy councils. We have church qroups. We have oeher prisoners that can teach people to read. They have 1 cable television shows that they can -- there are plenty of ways 1 for individuals. If they uant to learn to read, the availability 1 is there. Let's just let the Department be a little more creative / 1 in solving that problem. 1 PRESIDING OFPICER: (SENATOR WATSON) Senator Hendon. SENATOR HENDON: j I Mr. President and Members of the Chamber. Thatds -- that's ... I ) a iffy kind of ansWer, Senator. We know that this Chamber and j 1 thls State cut the programs for the prisoners last year. ïes, we I I did. Now, the other thing is in the area of who determines which I / prisoners qualify for chain qang. ''' How can you be sure that I . 1 ! political prisoners - and there is such a thing in Amerlca - that I l political prisoners will not be forced to work on a chain qanq I simply because they are political prisoners? Is there anythin: in i I your bill :uaranteeing thaty since you don't specify which crimes I i Will qualify a person for the chain gang? 1 PRESIDING OFFICER: (SENATOR %ATSON) 1 ! Senator Syversan 1 . I SENATOR SYVERSON: 1 Wellr it does -- it does specify who it is. Those who are 1 I qualifled are those who have committed Ewo acts of felons; not I 1 I just once, not once and khey're given another chance, but twice I I they've gone back into your community and my community and j victinized individuals. We're not talking about political I j i l 141 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day March 28, 1996 criminals. We're talking about people that have robbed, people that have burglarized, people that have sold drugs to your kids. I can 't believe vefre even thinking about talking aboue protectînq these kinds of vlctims -- or these kinds of eriminalsr When Ne keep on forgetting the victims. Wedre not talkin: about political I I I prisoners. Wedre talking about people that ought to be punished 1 1 for What theydre doing to our familles. i 1 ' PRESIDING OFFICER: (SENATOR WATSON) l I f senator Hendon. j I SENATOR HENDON: 1 I 1 believe the question was asked of you. ''Did you . .. 1 l categorize the -- the crimes that would qualify for chain qang', ! I and your answer was, ''It kas up to each individual wardenn. l I 1 That's what you said. Now if that's not correet, then clear me up ) I on that. But if it's up to each individual warden, if you're in I I that prison and you protest because something is wrong or I I somethin: is not righew then that individual wàrden can punish you I I just for sticking up for -- for -- for your rights. And I -- and 1 I I even though prison is a place for punlshment, 1et me -- 1et me ! I tell you, my friends - I know people who are there - homosexual I 1 rape is not a pleasant thought, it's not a pleasant act; bein: ! I away from your family and your children is not a pleasant thought ' I l or a pleasant ack. And I guarantee you: everyone in prison is not ! ! guilty. Now there may be a lot of them guilty, but every one in ! ! prison is not guilty. There are some innocent people in prison I being subjected, right now, to homosexual rape every single day. I 1 That is not a pleasant thouqht. I I PRESIDING OFFICER: (SENATOR WATSON) I I Further... Ifm sorry. I I SENATOR HENDON: I 1 So# I'm just asking you, and -- in conclusion, are there any I 1 guarantees in your bill that Would keep political prisoners or 1 I I I 142 I j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 advocates who happen to be in prison from being punished by being placed on the chain gangs? Do they have to be raptsts, murderers, or is it up to each individual warden? And if it's up to each individual Warden, my friend, it is dangerous.
PRESIDING OFPICER: (SENATOR WATSON) Senator Syverson.
The guideline specifically says it's not up to khe wardensz it's up to the Department of Corrections to set uniform guidelines. T was handed this note from Senator Rauschenberger, that there were no cuts in educational funding for prisons last year; however, there was an amendment introduced this year, by your party, to cut 2.6 million from prison education. Your party introduced that to cut. Not us.
PRESIDING OFPICER: (SENATOR WATSON) Further discussion? Senator Dudycz.
Thank you, Mr. President. I wasn't planning to stand up an4 speak on this -- on this bill. But since Senator Hendon did mention my name in debate, I just Wish to clarify one statenent that was made by him . He d1d mention a fact that he was a victia of a burglary, and he also did state that I was in his house. But I would like the record to reflect that, yesy was in his house: but not as a burglar. I uas in his house as a burglary detective investigating the crime.
PRESIDING OFPICER: (SENATOR WATSON) Eurther discussion? GenaEor Petka.
Thank you very much, Mr. President and Members of the Senate. As a young boy being groomed and fcsKered by my -- my mom and dad , one of the things my mom repeated over and over to me is that hard work never killed anybody. One of the basic misunderstandings l43 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 i that I see from some of the folks that have talked on the other I I side of aisle is that they have never ever had an opportunity to ' go behind the walls and talked With some of the people Who work there and to deal with some of the people who are behind the bars, talk to them about the reasons theylre theres talk to them about what they see in life' what their attitudes are on life. I had an opportunity to do that. It was something that I didn't neeessarily look forward to, but I did. Qne of the things that I found outr and soneehing that the distinguished Senator from Rockford alluded to during his renarks, is that righk now inmates enjoy a tremendous amount of privilege. They can get an education, a quality educationy at the expense of the taxpayers of this State if they chcose. They -- they are required, sometimes by court order, to be fed three times a day. They can complain about their meals. Their level of nutrients can be increased. And thepeoplewhotheywereplunderingandvictimizin:slmplydo j not have that riqht. One of the things that I found outg and I've talked about this extensively in past throughout my public career, is that many criminals have never ever understood the very direct and eausal relationship between working and eating. Everything has been handed to them and they -- when they go into prison the party continues. We have to -- we reinforce negative behavior. If we turn this thing around and understand that there are consequences to actions - tllegal actionsz outrageous actions againstsociety-ehenbyplacingthesepeopleoutwherethey are 1 going to be required to work, we may skart the process of showing them that there is some relationship between them busting thelr hump and actually being fed . Another thing that I have observed: Being kind and nice to people behind bars is something that may nake you feel good, but has absolutely nothin: to do with constructive rehabilitation. Nothing. In factr most of these people mistake weak -- or mercy and kindness and compassion With I l44 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leglslative Day March 28, 1996 I f outright weakness of the system. We have made mention about our guards, those poor underpaid and overworked individuals - and T have a lot of them living in ny district. We literally send them out as slow-movin: targets. A11 day long, theydre required to enforce the rules and regulations of Department of Corrections. Which people who are behind bars, who are outlaws in society, Who refused to obey the laws: they are now back on the streets and have to come up face-to-face with people that they Were trying to nake life miserable for. Unfortunately, they have no protection. I believe that there are safeguards in this legislation. We ought to permit guards to protect themselves from the worst of the worst. In closinq, I -- I commend the distinguished gentleman from Winnebago on a ftne piece of legislation. It's a plece of legislation whose time has come.
PRESIDING OFFICER: (SENATOR WATSON) The final speakere Senator Trotter.
Thank you very much, Mr. President. If I mayr I jusk have a - - a couple questions, but -- but ln start, if I could with -- like Nith a statement. I Want to commend the sponsor for at least trying to come up With some kind of legislation dealtng with recidtvism. There 's no question about it: we have a problem out here in the streets. This isn't a raeist piece of legislation. I mean black on black crime is -- is just as devastating as black on white crime, and white on blackr and so on and so on. So we cereainly need to be getting tough on crime, but at the same timey ue also need to be getting smart on crime. And thae's where I have a problem with this piece of legislation. I just donft believe this is the smart way we should be dealtng with this. I was talkins -- it was jush mentioned by the previous speaker that: one, hard Work has never killed anyone. Well, at the same time, ) humiliatlon has never made anybody change their evil Ways either. 1 I 145 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Raving my parents come up to school and, ultimately, smacking me ! up side the head for cutting class, didn 't stcp me from cutting class. It just made me a little more sneakier so I didn't get eaught next time from cutting class. So -- so this being tough on erime is not going to change anything. One of the questions that I -- I Would like to have for your Senator, is -- is on -- on the recidivism issue. Have there actually been some studies that have : said that this kind of activity will actually stop that j i recidivism: and if so, will you share that information with us and l i give us some numbers and probably where this study came from? 1
PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson .
According to the research from ALEC, the -- the chain gang legislation has only been in effect -- the longest it's been in effect is Alabama, which is just three years. So it's difficult to get a three-year recidlvlsm rate. But their tracking has shown : a decrease not only in the recidivism rate, but a reduction in the i cost of monitoring the -- the program. l I I PRESIDING OFFICER: (SENATOR WATSON) I 1 Senator Trotter. j
So, the case isz since there has not been enough time to actually study thesez there is not a study then actually happening. 'Cause that -- wefre talking about hardened criminals who probably have been in -- are -- are still in jail. Their -- their term has probably been six to Een, or something like that. So we don't know if theypve gotten out or anybody would ever get out and not return. So there is not a study, is essentially what youdre saylng. Alsc, you said thls is Alabama legislakion. Isn't it, right now, that they're questioning that this may be a violation of the Eighth Amendment? Can you address that issue? 146 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 ' !
PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson. Well, let's -- let's give the gentleman -- both of them, our attention. I know it's gettlng late, and one of the reasons it's gettin: late is that we're spending so much time debating each bill and so many speakers and then we get forty-five/fifty votes. So let's give our attention to Senator Syverson as he responds to the questions from Senator Trotter. Senator Syverson.
As far as -- as far as cruel and unusual punishment and Alabama, yes, if -- if someone wants to -- if the ACLU thinks that picking up in parks is cruel and unusual, then they ought to be filing suit alon: with the Girl Scouts and the other church groups that are picking up those same kind of roadsides. I don 't think that doing light work along the sides of roads is cruel and unusual. Cruel and unusual would be spending a day working in the hog farms with -- with those who are supporting that leglslation. Let them spend a day on a farm and see what hard labor is like.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Trotter.
If -- If I could, and I donft want belabor the issue. Most of the concerns have been ralsed. I -- I just -- I -- again, I commend you for wanting to do something, and eertainly, we need to do something about crime tn general and also about these criminals that we have. Again, I -- I'n one like Rickey Hendon. I -- I've been for the death penalty. I meany it's nothing that -- for those -- there's people who need to be in jailr and there -- certainly, there's people who need to be dead, there's no question about it. Just -- you cannot just change people overnight and when this -- and that's the case with this bill. We can't i I legislate these people to change by doing this, and as a ' , j 147 1 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 consequence of that, I recommend a No vote. PRESIDING OFFICER: (SENATOR WATSON) 2 i No further discussiony Senator Syverson, to close. I I SENATOR SYVERSON: I ! Thank you. First of all, I want to stress, I think: Senator Trotter mentioned, that a disproportionate share of victims are the ninority comnunity. Theybre the ones who should be outraged. Theyfre the ones who should be asking that tough sanctions be taken against these inmates, regardless of their inmate 's color. This cartoon that we passed out really tells the Whole story. Wedre talking -- Worrying about huniliating convicted felons, who've not once, but twice have violated your familiesr our families, your neighbors and our -- our neiqhbors. We're not saying this is going to be the panacea to solve a11 the problems. It's a tough-love measure. Some people work good under humiliation, some people donpt. Look at 19601s football teams, with Lcmbardi. He had a coaching style thatds a lot different than Tom Landry of the Cowboys. They both had championship teams. Some people work well to posltive responses, some work better to negative. We have to at least try to stop the recidivism rate. This teachlng hard labor: along with the mandatory education, I think is going to be a step in the right direction, and I would ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR WATSON) The question is, shall Senate Bill 1853 (slcl pass. A11 those ln favor: vote Aye. Opposed, vote No. The votlng ls open. Have ! all voted who Wish? Have all voted who wish? Have a1l voted Who ; wish? Take the record. On that question, there are 40 voting Yes, 12 voting No, 2 voting Present. Senate Bill 1853 (sic), having received the required constitutional majority, is declared passed. 18 -- I beg your pardon. It's Senate Bill 1823. Now, we're on Senate Bill 1853. Senator Rarpiel. Mr. Secretary, please read 148 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 the bill.
Senate Bill 1853. (Secretary reads title of bill) I 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR WATSON) Senator Rarpiel. Sena*or Karpiel.
Thank yau, Mr. President. Senate Bill 1853 is simply a cleanup of the Waiver bill that we passed a while ago. It simply makes it a little bit easier for us, and for everyone, to handle these waiver applications. Tt allows the State Board of Education to approve statutory waiver requests that are substantially identical to those previously approved by the General Assembly. It allows ! them to return statutory waivers that are similar to those previously denied by the General Assembly. And it makes a feW other changes. But. basically, what wedre saying here is that if - - if we, here in the General Assembly, have approved a -- an ! appllcation waiver for a waiver of Casimir Pulaski Day, the State Board can just autonatically approve anything of -- of the -- you know that's identlcal to tha*, and if we have denied something, as ! we did on paddling last time -- last year, the State Board can automatically deny those again, so that we don't have such an overwhelminq amount of Work. If -- right now, 1 understand that the State Board anticipates fifty-four statutory waivers before : the May 6th waiver report ls due. And they say Ehat lf 1852 were law today that they think only about nine statutory waivers to the i Legislaturewould--wouldcometous.So itwouldlessenourwork ? load, make it more automaticr and have the walver process work -- ' Work better. And I ask for your Aye vote.
PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Senakor Viverito. 149 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996
Personal privilege.
PRESIDING OPPICER: (SENATOR WATSON) State your polntr Senator.
On that last bill, i accidentally voted Yes; I Wanted to vote No. 1823.
PRESIDING OFPICER: (SENATOR WATSON) Okay. The record will so reflect. Senator Berman.
Thank you, Mr. President. I stand in support of 1853, and I just want the sponsor to acknowledge our conversationr that -- Senator Karpiel and I and others have discussed perhaps lookin: at and revising the dates and number of times a year that We go through this: and we agreed that ke would continue to look at this in the Hause and perhaps amend it to address those issues also. Based upon that, I stand in support of Senate Bill 1853.
PRESIDING OFPICER: (SENATOR WATSON) Any discussion? Any further discussion? If notr tbe question is, shall Senate Bill 1853 pass. A11 those in favor, vote Aye. Opposedy vote No. The voting is open. Have a11 voted who Wish? Have all voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 55 voting Xes, no voting No, no voting Present. Senate Bill 1853, having received the required constitutional majority, is declared passed. Senate Bill 1881. Senator O 'Malley. Mr. Secretary, please read the bill.
Senate Bill 1881. (Seeretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFPICER: (SENATOR WATSON) Senator O'Malley. 150 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 90th Legislative Day March 28, 1996 ! f SENATOR O yMALLEY: : i Thank you, Mr. Presldent. Senate Bill 1881 is a vehicle blll. Tt's a vehicle bill whose intention is to implement sone of the ' provisions of House Bill 1465 from last year, in Which it Was ! agreed that the General Assembly would establlsh boundaries of I three election distrâcts within Cook County for the election of three menbers to a board of review. Againr this is a vehicle bill. It's purpose is to move the process along. And when We're i prepared to set those boundaries, we will do so probably when this legislation is in the House. So I'd be -- I stand prepared to ansWer any quesbions yOu may have. s
PRESIDING OFFICER: (SENATOR WATSON) Discussion? Further discussion? Senator Collins. I SENATOR COLLINS: / I Yes. Thank you, Mr. President. This bill came out of the comnittee as a -- on a -- on a partisan vote -- vote. And, because I it's a vehicle bill, we don ft know exactly what's gofng to be in I ! it. ïou know r there are a 1ot of property tax ideas floating I aroundr and we don't know what the real vehicle is goin: to ber j E and I would just say khat, to the Members on this side of *he I ! aislez to -- to move cautiously before you vote on any of these vehicle bills. And my suggestion is that you vote No. ! PRESIDTNG OFFICER: (SENATOR WATSON) ! Further discussion? Senator Hawkinson. Further discussion? Senator Smith. 1 ,
! ! Sir, I -- I merely wanted to ask - I Was at the telephone - to be reeorded on 1823 with a No vote. / !
PRESTDING OFFICER: (SENATOR WATSON) i Okay. Yes, malam . Further discussion? If naty the question isy shall Senate Bill 1881 pass. A1l those in favor, vote Aye. : Opposedz vote No. The voting is open. Have al1 voted who wish? 151 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Have a11 voted who wish? Have a11 voted who Wish? ...the record. On that questlon, there are 31 voting Yes, 22 voting No, l voting : Present. Senate Bill 1881, having received the required ! constitutional majority, is declared passed. Senate Bill 1887. ' Senator Burzynski. Madam -- ory Mr. Secretary, please read the bill. I
I Senate Bill 1887. r (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR WATSON) ! Senator Burzynski. I ! SENATOR BURZYNSKI I : ! Thank you, Mr. President. This bill is really a technical bill in nature. And it gives local election officials, the State Board I l of Elections - whichever office is responsible - the authority to I deternine whether or not petition signature requirements have been I r met on -- on peeitions. Merely the number. It's really to I correct a problem that uelve seen in the State and in county 1 government and local elections, where we'll have only one petition : 1 filed for a office which you need six hundred signatures for. So I we're really trying to do some clean up here. PRESIDING OPFICER: (SENATOR WATSON) ' Discussion? Senator Bowles. !
Thank you, Mr. President. I'm sorry' SenaEor Burzynski; I Was in conversation. Are you holding this for tightening up? Fine. Thank you. Because I do concur with Senator Burzynski in thls effort. Thank you.
PRESIDING OPFICER: (SENATOR WATSON) Further discussion? If not, the question is, shall Senate Bill 1887 pass. All those in favor, vote Aye. Opposed, vote No. The 152 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 voting is open. Have al1 voted who Wish? Have a11 voted Who wish? Have all voted Who wish? Take the record. On that question, there are 55 voting Yes, no voting No, na voting Present. Senate Bill 1887, having received the required constitutional majorityy is declared passed. Senate Bill 1902. Senator Xarpiel. Out of the record. Senate Bill 1917. Senator Bomke. Out of the record. We now return to the beglnning of 3rd ! Readings. Senator Butler, for What purpose do you rise? SENATOR BUTLER: 1 A point of personal privilege. i
PRESIDING OFFICER: (SENATOR WATSON) Please state your point.
Ladies and Gentlemen, I'd -- I'd like to introduce the last three mayors in the State of Illinois who haven't been introduced ' today. To my right is Mayor Ed Rotchford of the City of Prospect i Heights. Seated back there is ny successor, and a very -- I'm ' very proud of Mayor Ron Wietecha of the City of Park Ridge. And ! Mayor Skip Farley of Mount Prospect. !
PRESIDING OFFICER: (SENATOR WATSON) Very good. Well, welcome to Springfield. Senator Jacobs, for what purpose do you rise? I
Thank you, Mr. President. A point of personal privilege. !
PRESIDING OFFICER: (SENATOR WATSON) f Please state your point. SENATOR JACOBS: ! I'd like to have the Senate give a good welcome to John . q Phillips, the City Manager fron the City of Rcck Islandz sitting on the Denocratic side of the aisle. f . PRESIDING OFFICER: (SENATOR WATSON) ! ! John Phillips, please rise. Welcome to Springfield . Senator I l53 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 90th Legislative Day March 28, 1996 1 Fitzgeraldz for what purpose do you rise?
Point of personal privilege, Mr. Presldent.
PRESIDING OFFICER: (SENATOR WATSON) Please state your point.
Sitting behind ne, in between me and Senator Lauzen, I happen to have the greatest mayor in the State of Illinois, Mayor Arlene Mulder from Arlington Heights. Like to give her a warm welcome.
PRESIDING OFFICER: (SENATOR WATSON) Mayor, welcome to Springfield. We are now on page 2. Page 2 of the Calendar. About a third of ehe vay downr you see Senate Bills 3rd Reading . We have to go over to the middle of page 3, and I believe Senate Bill 1365, T believe, is *he final bill. So ue have several more to go. So let's try to keep our remarks as brief as posslble. Senator Carroll, for what purpose do you rise?
Well, thank you, Mr. President. As long as everyone was rising on a point of personal prlvilege, I'd like to introduce the Mayor of my city, Richard M. Daley. He's just not here today, though. PRESIDING OPFTCER: (SENATOR WATSON) . Has he ever been here? Senate -- Senate Bi11 522. Senator -- Senator Parker. Senator Parkerr do you wish to call -- Mr. Secretary, please read the bill. ' SECRETARY HARRYI Senate Bill 522. (Secretary reads title of bill) 3rd Reading of khe bill. PRESIDING OFFICER; (SENATOR WATSON) Senator Parker. J !
I Thank youe Mr. President, Ladies and Gentlemen of the Senate. I 154 I E I STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Currently there is no provision in the adoptlon portlon of the Juvenile Court Act for specific consent adoptions, where a parent agrees to a speeified person adopting a child. is done in practice, and this bill codifies the existing practice. Senate Bill 522 creates a form for adoption by a specified person, which Will guarantee that the -- the parents' decision is respected. The parent can chose, one: within two years to be notified if for some reason the planned adoption does not qo forkard and the consent can be void; or two, they can choose that their consent converts to a general surrender of rights. This was on the Agreed Bill List in the Judiciary Committee. I would be glad to answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Collins.
Question of the sponsor' please.
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she'll yield, Senator Collins.
I don't have any problems with the idea. I think it's a good idea. But I -- I was looking through scanning through the computer here. I don'e see anything in this bill that would prohibit these kind of adoptions from being arranged based on the the transaction through some kind of monetary arrangements. And most certainly, Would not Want that to be allowed under this bill. And -- and it's a very serious conslderation.
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
Senator Collins, these adoptions a11 have to be approved by the court, and hopefully they Would be monitoring, if that Were the case. What is going on now -- are there are many people Who l55 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY . REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 ( would prefer and -- and would agree to adoptions if they knew the person that was doin: the adoption #nd this will help ease that, so children can be placed a lot quicker. PRESIDING OFFICER: ' ISENATOR WATSON) Further discussion? Senator Collins.
Yeah. Thank you. I concur With What youdre doing, but I would just -- keep an open mind as the bill move on to the Housey and then we look at that as -- as may have been -- to make sure that it doesn't take place. That -- that this is not somebady that can arranqe, throuqh some -- for some kind of monetary purposes, to adopt your children. And -- and we wouldn't want that to happen, but I think it's a good idea and the bill should pass.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Further discussion? If not, the question isy shall Senate Bill 522 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have a11 voted kho Wish? Have a11 voted who wish? Take the record. On that question, there are 55 voting ïes, no voting No, no voting Present. Senate Bill 522, having received the required constitutional majority: is declared passed. Senate Bill 1239. Senator Cronin. Out of the record. Senate Bill 1240. Senator Butler. Senator Butler on the Floor? Senator Butler. 1240. Out of *he record . Senate Bill 1245. Senator DeAngelis. Out of the record. Senate Bill 1246. Senator Madigan. Mr. Secretary, please read the bill.
Senate Bill 1246. (Secretary reads title af bill) 3rd Readinq of the bill.
PRESIDING OFFICER: (SENATOR WATSON) I 156 I STAQE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 SenatorMadigan.
1 ' ! Thank you:Mr.President.On theCalendar, this Senate Bill f ' : 1246, as amended, creates -- amends an Act relating to post-parturitioncare. FortheMembersoftheSenate,thisisthe drive-through delivery bill. I think everyone is familiar with 1 ' the contents of the bill, and the committee has amended this ' several times. We think it's in the form that has no opposition. ' At this point, basically, it's the bill that addresses those onerous and callous practices of the tnsurance companies and the health maintenance organizations about kicking the mother and the newborn baby out on the street after delivery . So I'd be glad to answer any questions on Senate Bill 1246, as amended, but otherwise would ask for its approval.
PRESIDING OFFICER: (SENATOR WATSON) Discussion? SenatorPalmer. j SENATORPALMER: ' j Thank you, Mr. President. A question of the sponsor. PRESIDINGOFFICER: (SENATORWATSON) j Sponsorindicateshe'llyield,SenatorPalmer. f
Senator, does this include in the coverase under the -- correcting drive by -- drive-through delivery, does this include f ! women who are on public aid?
PRESIDING OFFICER: (SENATOR WATSON) Senator Madlgan.
Yes. PRESIDING OFFICER: (SENATOR WATSON) ! Further discussion? Seeing none, the question is, shall I Senate Bill 1246 pass. A11 those in favor, vote Aye. Opposed: I vote No. The voting is open. Have a1l voted kho wish? Have a11 ! r I 157 I . STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leqislative Day March 28, 1996 voted who wish? Have a1l voted kho kish? Take the record. On that question, there are 54 voting Yes, no voting No, no voting Present. Senate Bill 1246, having received the required constitutional najority, is declared passed. Senate Bill 1256. Senator Bomke. Out of khe record . We are now going over to Page 3. The top of page 3 is Senator Maitland, on Senate Bill 1266. Senator Maitland. Madam Secretary, please read the bill.
Senate Bill 1266. (Secretary reads title of bill) 3rd Readin: of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Maitland.
Thank you very much: Mr. Presidentz Members of the Senate. Senate Bill 1266, as amendedz removes the sunset date on the authority of a municipality adjacent to a pollùtion control facillty which is in an unincorporated area to conduct the local siting review. This is a bill We passed out of here two years ago. Further, it -- it addresses a concern that Senator Syverson had in Ogle County. I know of no opposition to the underlying bill or of Senator Syverson's amendment, and I Would seek your support.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If not, the question is,shallSenateBill1266pass. A11thosein favor, vote Ay8.' Opposed, vote No. The voting is open. Have al1 voted Who Wlsh? 1 ! Have al1 voted who wish? Have a11 voted who Wish? Take the I record. On that questionr there are 56 voting Yes, no voting No, no voting Present. Senate Bill 1266, having received the required constitutional majority, is declared passed. Senate Bill 1268. 1 Senator Syverson. Madam Secretary, please read the bill. ! I l58 1 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996
Senate Bill 1268. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR WATSON) Senator Syverson.
Thank you, Mr. President, Ladies and Gentlenen of the Senate. 1268 is a noncontroversial bill, a bill that Senator BoWles and myself have Worked on. It just broadens the ability for counties ko recover the cost associated wfth their criminal justice programs. Wieh counties becoming more and more creative in prograns, they're instituting uork release and day reporting centers. This allows the county to set the rates that they eharge those inmates to be involved in those prograns. Also, there's a amendment put on by the Administrative Office of the Illinois Courts that would allow expansion of arbitration programs in counties. Ask...
PRESIDING OPFICER: (SENATOR WATSON) Is there any discussion? Any diseussion? If not, the question is, shall Senate Bi1l 1268 pass. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have al1 voted who Wish? Take the record. On that question, there are 52 voting Yes, no voting No r no voting Present. Senate Bill 1268: having recelved the required constitutional majority, is declared passed. Senate Bill 1278. Senator Geo-Karis. Madam Secretary, please read the bill.
Senate Bill 1278. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) 159 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 Senator Geo-Raris.
Mr. President, Ladies and Gentlemen of the Senate, Senate Bill 1278 amends the -- the Municipal Code, and provides that when territory is annexed or disconnected by a municlpality, the corporate authorities or petitioners lnitîating *he actlon shall notify the person Who pays property taxes on property within the territory. And ask for a favorable response. There's another provision in this bill, and T would like to ask Senator Bowles to explain that provision, that was put on and affects her area and is very nuch needed in her area .
PRESIDING OFFTCER: (SENATOR WATSON) Senator Boules.
Thank your Mr. Presidentr and thank you, Senator Geo-Karis. The amendment on 1278 provides that the City of Madison would be enabled to annex territory, khich would nake it contiguous to the bike trails in in Madison County in the State of Illinoisr with the o1d Chain of Rocks Bridge. And we have the Trailnetw Inc. organization, which is going to renovate the bridge and connect with the blke trails in the State of Missouri. And this Would permlt the annexation of eerritory by jumping over the federally owned levee. PRZSIDING OFFTCER) (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, the question tsy shall Senate Bill 1278 pass. All Ehose in favor, Vote Aye. Qpposed, vote No. The voting is open. Have a1l voted who wish? Have a1l voted who wish? Have a1l voEed Nho wish? Take the record. On that question, there are 54 voting Yes, no voting Noz no vottng Present. Senate Bill 1278, having received Ehe required eonstitutional majority, is deelared passed. Senate Bill 1300. Senator Parker. Madam Secretary, please read the bill. 160 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996
Senate Bill 1300. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Last year we passed a bill which raised the fine for parking in a handicapped parking space from fifty dollars to a hundred dollars. A11 this bill does is alter the requirements of the Department of Transportatlon to change signs to reflect the current fine for illegally parking in a handicapped spot. This was on the Agreed Bill List.
PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? If notz the question is, shall Senate Bill 1300 pass. A1l th6se in favor, vote Aye. Opposed: vote No. The voting is open. Have all voted who Wish? Have a1l voted Who Wish? Have a1l voted Who wish? Take *he record. On that question, there are 55 voting Yes, no voting No, no voting Present. Senate Bill 1300: -- having received the required constitutional majority, is declared passed. Senator Trotter, for what purpose do you rise?
For a personal announcement.
PRESIDING OFFICER: (SENATOR WATSON) State your point.
To -- T would like to, at this timez just to, for the record, acknowledge that William ''Bill'' Shaw is not here today. He's absent and hels at home doing some legislative business.
PRESIDING OFFICER: (SENATOR WATSON) l61 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Very good. The reflect the record will reflect that. Senatar Demuzio, for what purpose do you rise?
Well, that's one announcement I don't have to make. A point of parliamentary inquiry, I miqht, since ke are near the end of the Calendar. This morning I Was inadvertently voted in the affirnative on Senate Bill 1511: and filed a motion to reconsider, havin: voted on the prevailing side. Are We going to move to the order of -- of those motions today? And, if in fact, is that the bill cannot leave the Senate until that motion has been...
PRESIDING OFFICER: (SENATOR WATSON) Frankly, we had not intended to go to that order of business, Senator Demuzio. Senator Demuzio.
Well, theny the bill can't leave the Senate then: until that motion has been -- been handled one way or the other. Isn't that correct?
PRESIDING OFFICER: (SENATOR WATSON) . .. dilemma we face is that this is a deadline day, and that's - - that is a problem. Senator Demuzlo.
Well, I don't think that has anything to do W1th We are still in Session. The fact of the matter is, is the motion has been filed. The bill is still within the purview of the Senate. And ...
PRESIDING OFFICER: (SENATOR WATSON) We would probably have to submit a Supplemental Calendarz Senator. Senakor Demuzio.
I don't quarrel with that. just want to know if that bill cannot leave the Senate until such time as that motion has been l62 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 dispensed with in some form. PRESIDING OFFICER: (SENATOR WATSON) : Carroll. ... SENATORCARROLL: 1 aid the President and Parliamentarian, I would suggest you ... read Rule 7- l5d: ''Whenever a motion to reconsider is nade Within the time prescribed by these Senate Rules: H - which this one does - the Secretary shall not allow the bill or other subject matter of the motion to pass out of the possession of the Senate until after the motion has been decided or wiehdrawn. Such a motion shall be deemed rejected lf laid on the table.'' ' PRESIDING OFFICER: (SENATOR WATSON) ! Thank you, for reading that rule to us. Senator Denuzio, for ! what purpose do you rise?
Same question. What -- wbat's the ruling of the Chair?
PRESIDING OFFICER: (SENATOR WAT/ON) We're -- we are -- what -- what we 're deternining now is whether welll have to submit a Supplemental Calendar. I mean that's our dilemma, and if -- we are checking on that. If we -- . if -- it would wish, Senator Demuzio, we'd like to go ahead With ! the next bill and We Wi11 get a response to you before ! adjournment. Senator Demuzio. Is that... 1 SENATORDEMUZIO: 1 ' That's -- that's satisfactory. I just... l
PRESIDING OFFICER: (SENATOR WATSON) Thank you. Senate Bill 1363. Senator DeAngelis. Senator DeAngelis -- break up your caucus. You have Senate Bill 1363. senatorGeo-Karis,forwhat purposedoyou rise? j !
Mr. President and Ladies ind Gentlemen of the Senate, until ' Senator DeAngelis gets back to his seatr personal privilege to I l63 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28y 1996 introduce Mayor Ralph E. Davisz who serves part of my district, I from the Village of Round Lake Beach, with -- along with Senator Peterson; and Christine Wilson, Lake County Municipal League, I Executive Director. They're sitting in the President's Gallery and we'd like to welcome you here. PRESIDING OFFICER: (SENATOR WATSON) ! Well, we're certainly pleased to have them in Springfield. Welcome to Springfield. Senator Dehngelis. Madam Secretaryr please read the bill. I
Senate Bill 1363. ! (Secretary reads title of bill) q 3rd Reading of the bill. ! PRESIDING OFFICER: (SENATOR WATSON) j Senator DeAngelis. I SENATOR DeANGELIS: Thank you, Mr. President. Senate Bill 1363, as indicated, is a l vehicle bill. We nade an attempt to put an anendnent on, through I some eonfusion it didn't go on. I would like to have the bill go ! over to the House and continue working on, perhaps, resolving the issue of -- of an aggregate levy for downstate school districts. ! PRESIDING OFFICER: (SENATOR WATSON) ! Is there any discusston? Any discussion? Seeing none, the ! question is, shall Senate Bill 1363 pass. Al1 those in favorz vote Aye. Opposedy vote No . The voting is open. Have al1 voted i who wish? Have all voted who wish? Have all voked <ho vish? Takg the record. On that questian, there are 52 votin: Yes: 1 vobin: ; No, no voting Present. Senate Bill 1363, having received the required constitutional majority, is declared passed. Senator : Fitzgerald, for what purpose would you rise? !
i Thank you. A point of personal privilege, Mr. President. I l64 I ; STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Leglslative Day Aarch 28' 1996 intended to vote No on that bill and accidentally pressed the 1 ' wrong button. I I PRESIDING OFFICER: (SENATOR WATSON) I Well that certainly makes a big difference, Senator. I I . .. secretary, have there been any motions filed? ! SECRETARV HARRY: ! YeS, Mr. President. Senator Demuzio has filed motions With l I respect to Senate Bills 1511 and 1687. And Senator Jones has ! filed a motion with respeet to Senate Bill 1338. ! I Al1 filed March 28th, 1996. ! PRESIDING OFFICER: (SENATOR WATSON) ! Mr Secretary, the Chair requests that these motions be ! ! printed on a Calendar. That Will be so ordered. Now I guess: and ! believe' this is the last order of business on 3rd Reading. No, ! we did -- I beg your pardon. We -- we gave leave to several ! sponsors to go back ko their bills, once completed. So We do have . I - - after Senator Jones, we have an additional three pleces of legislation to deal with. So we are at Senate Bill 1365. Senator ! Jones. Senabor Jones, do you Wish your bill to be called? Madam i Secretary, please read the bill.
Senake Bill 1365. (Secretary reads title of bill) I 3rd Reading of the bill. ! I PRESIDING OFPICER: (SENATOR WATSON) f Senator Jones. ! SENATOR JONES: 1 ! Thank you, Mr. President. Senate Bill 1365 is permisslve ! legislation and it allows hospital licensed under the Licensing ! I Act to permit, at the discretion of the hospital, the parent cr I leçal guardian of a minor, When that minor is going in for surgery ! and needs anesthesia, that that parent or guardian, when policy is f I 165 I i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 set by rules and regulations adopted by the -- the hospital, that j that parent or legal guardian can be there in the operating room, I I also in the recovery room with any minor. That's a11 the bill does. It's permissive and I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR WATSON) Is there any questions? Any discussion? Seeing none, the question is, shall Senate Bill 1365 pass. A1l those in favor, vote Aye. Opposed, vote No. The voting is open. Have a1l voted who wish? Have all voted who Wish? Have al1 voted who wish? Take the record. On that question, there are 54 votin: Yes, no voting No, no voting Present. Senate Bill 1365, having received the required constitutional majority, is declared passed. Earlier Senator Rauschenberger had asked leave to return to Senate Bill 1390. It is on page 3. Leave being granted, we will go to that ; i order of business. Senator Rauschenberger. Senate Bill 1390. i . ù Madam Secretary, Would y0u please read the bill. i l ;
.. . Bi11 1390. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) Senator Rauschenberger.
Senate Bill 1390 is a State version of the well-received and - - and broadly supported federal XL program. Essentially, what it allows, it permits the Illinois Department of Envlronmental Protection to enter into agreements with companies for cleanups i which would be more comprehensive and yield better results than ! the Statutory requirements tbat we currently have in Statute. j 1 It's a permissive program; allows the Department to work together j 1 with people with pollution problems to achieve better results. It I 1 qives them the Statutory permission to do so. It's -- has no i 166 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 opposition khat I know of. The Department supports it. The l Illinois Environmental Council supports it. It's a good bill. T'd request a favorable roll call. PRESIDING OFFICER: (SENATOR WATSON) i Is there any discussion? Any discussion? If not, the question is, shall Senate Bill 1390 pass. Al1 those in favor, vote Aye. r Opposed, vote No. Voting is open. Have a11 voted who wish? Have all voted Who Wish? Have all voted Who wish? Take the record. On ' that question, there are 55 voting Xes, no voting No, no voting Present. Senate Bill 1390, having received the required constitutional majorityr is declared passed. Now, once againy i leave was granted previously for -- to Senator Lauzen, so we uill return to page 4. Senate Bill 1490. Senator Lauzen. Read the E bill, Madam Secretary. ACTING SECRETARY HAWKER: i Senate Bill 1490. (iecretary reads title of bill) 3rd Reading of the bill.
PRESIDING OPFICER: (SENATOR WATSON) Senator -- Senator Lauzen. :
Thank you, Mr. President. Senate Bill 1490 is slmply a vehicle for unemploynent insurance negotiations that are golng on noW among labor, management, the Governor's Office, the House. And if something comes out, if some fruit -- comes from that process, this is the vehicle. And IId llke Eo keep Ehis movlng along. '
PRESIDING OPFICER: (SENATOR WATSON) ! Discussion? Senator Garcia. SENATOR GARCIA: ; Thank you, Mr. President. Would the sponsor yield? PRESIDING OFFICER: (SENATOR WATSON) E Sponsor indicates he dll yield, Senator Garcia. ! c 167 I 4 STATC OF ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996
Thank you. Senator Lauzen, I heard you mention that negotiations are under Way with respect to some passible legislative changes to the -- Unemployment Insurance Act. Can you give us a preview of what types of topics are under consideration?
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen.
It's still so preliminary that, no, I cannot. There 's a question when I approached Leadership and the AFL-CIO to get what ! it is that they were interested in doing in that bill, and the answer was, ''Until we have a commitment that this is going to be an agreed billr wedre not going to show you our list.'' I have received a list that I haven't read yet from the joint employers' group . .
PRESIDING OPFICER: (SENATOR WATSON) Senator Garcia. ' SENATOR GARCIA: . Senator Lauzen, is anyone in this Body been in the discussions which apparently have been takin: place?
PRESIDING OFFICER: (SENATOR WATSON) Senator Lauzen. !
Perhaps I overstate the process that's going on. I have not ! been in any, and I -- I'm not aware of anybody else who's in those discussions from this Chamber. rt's skill so preliminary. Youîre familiar With what we Went through on just the savings issue. I think that some of us are going much more slokly than we did before. '
PRESIDING OPFICER: (SENATOR WATSON) Further discussion? Senator Garcia. SENATOR GARCTA: ) l68 i STATE 0F ILLINOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Le:islative Day March 28z 1996 Now, to close. That's my concern Wlth this bill, that welre being asked to move it alon: and I haven't spoken to anyone yet who has been involved in these alleged negotiations or ! discussions. And that's why I would ask our side of the aisle, at least, and certainly those that are sympathetic to the aqreed bl11 process, not eo move this along uneil we have some more information and we get included in such a process. '
PRESIDING OFFICER: (SENATOR WATSON) I Further discussion? Further discussion? Senator Lauzen, to ! ! close. SENATOR LAUZEN: ! Thank you, Mr. President. First of all, Senator Garcia, youfll be the -- the first person who I contact once we get this moving I alon: out of deference to involving everyone in this Chamber who's . interested, of course we want the input. I have not been involved. You know hoW slowly the thing is movin: along. But if we don't pass this today, we have absolutely nothing that we can bring forward. so this is simply a vehicler a shell, so that when 1 1 we get something we can insert it. So I would ask for an Aye 5 vote. PRESIDING OFFICER: (SENATOR WATSON) l The question is, shall Senate Bill 1490 pass. Al1 those in favor, vote Aye. Opposed, votlng No. The voting is open. Have ! al1 voted who wish? Have all voted who wish? Have a11 voted Who wish? Take *he record. On that question, there are 31 voting Yes, ! 18 votln: No, 6 voting Present. Senate Bill 1490, having recelved the required constitutional majority, is declared passed. We will now proceed to page l0. Page 10. Under Consideration Postponed, we have Senator Peterson with 1335. Out of the record. Senate Bill 1407. Senator Parker. Madan Secretary, please read the bill. I !
169 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Senate Bill 1407. (Secretary reads title of bill) 3rd Reading of the bill. PRESTDING OFFICER; (SENATOR WATSON) Senator Parker.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This bill allows local township boards to appoint fire protection trustees in Cook County Where the district does not 1ie wholly within a single municipality or township. There are forty-two fire districts in Cook County. Twenty-elght of those are Wholly in the township or appointed by the local people. Fourteen are not, and may have as little as ten percent or less in other townships. So those appointments go down to the Cook County Board. It Rakes a 1ot of sense to bring them back to the local people like the other twenty-eight. ask for a favorable vote and Wilt answer any questions.
PRESIDING OFFICER: (SENATOR WATSON) Any discussion? Senator Trotter.
Thank you very much, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR WATSON) Sponsor indicates she lll yleld, Senator Trotter.
Thank you. Senator Parker, your bill states that two trustees shall be appointed by the township board that has *he greatest populationr and khe other trustees shall be appotnted by the remaininq townships if it contains more than ten percent of the population of that district. HoW did you come up With this formula?
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker. l70 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 EENATOR PARFER: 1 The majority of the trustees, it Would make sense that they are appointed by the largest area in the township, and that's how that was formulated. PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter. SENATOR TROTTER: Yes, but -- no, specifically you said that it's ten percent. That the figure -- that if -- they come up With the population of the figure of ten percentr not twenty, not the najority. Actually the second question I have for you has to do with that majority issue. But you didn't answer the first question. Haw did you come up with the ten-percent figure versus a twenty-percent or thirty-percent of a -- those individuals? PRESIDING OEFICER: (SENATOR WATSON) Senator Parker. ' SENATOR PARKER: That was with the agreement of the trustees and the people in the area . There are sone of these townships that have a very, very small amount in some other township, and it doesn't make any sense that *hey lose their local control of appointing their local ! fire district people because they have such little percentage . And when they went around and surveyed, that is what it turns out to be. PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter. SENATOR TROTTER : I just -- just Want to pose a hypothetical to you: What happensifa--adistrictinwhichthereisfifty-fivepercentof 1 ! the population is in one townshlp and they appoint two membersy and then you have a -- another district that has twenty percent in j another township ... She can't hear me. ! ' j 17l I I STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 I ! PRESIDING OPFICER: (SENATOR WATSON) so this -- I don't know where the noise ls comin: from, but I have a feeling it's coning from over the wall. So if anybody out there in that hallway, on both sides, I wish you Would calm down. Quiet down', so that we can carry on our debate here on ehe senate Floor. so, senator Parker. Senator Trotter. SENATOR TROTTER: If -- if I maybe jusE beçin again. PRESIDING OFFICER: (SENATOR WATSON) Please do. SENATOR TROTTER: Okay. What Would happen if they have a district in which there's fifty-five percent of the population is in one township and they appoint two members, and then you have twenty percent in another township and twenty-five percent of the population in still in another township? Your bill says that they must have a ' joint meeting. Who will preside over this meetlng? PRESIDING OFFICZR: (SENATOR WATSON) Senator Parker. SENATOR PARRER: The remalning tWo -- the remaining two townships appoint the trustee. PRESIDING OFFTCER: (SENATOR WATSON) Senator Trotter. SENATOR TROTTER: Does your bill provide for them being a -- a dlsagreement? Suppose they can't agree Who should preside? PRESIDING OFFTCER: (SENATOR WATSON) : Senator Parker. l SENATOR PARKER: ! The bill does not address that particular issue. But What it E does do is it gives the local authority back to the people who l72 I STATE OP ILLINOIS 89TH GENERAL ASSEXBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 know who should be appointed by the local fire trustees. Anything like that, if there's a question, I'm certain can be Worked out. The point here is that there's forty-two fire districts in Cook ! County. Twenty-eight of those are appointed by the local people. Fourteen - and We are addressing at the nosk fourteenr because some of those may be elected already; these are only for appointed fire trustees - so at the most, fourteen are appointed by the President of the Co6k County Board. Ie doesn't make any sense to take the local authority away fron those people who locally live , in the area.
PRESIDING OFFICER: (SENATOR WATSON) Senator Trotter
i If T may, just a comment. Because your bill seemingly is sort of convoluted, and it doesn't really address any other issue than , you just want to cireumvent the authority of the president of the County Board: I Would recommènd the Membershlp to vote No on this bill. !
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker.
This bill is not convoluted. What this bill does is finally give the local authority back to the townships, where they Would like i*r where they know who they can appaint as thelr local flre I I district trustees, that is going to serve their people, and that's the way it should be. That's the way it is in twenty-elght athers I and it should be in the remaining part of the townships. Thatfs I what local government is there for, and I Would ask for a ! favorable vote. PRESIDING OFFICER: (SENATOR WATSON) j I The question is -- Senator Woodyard, she was closing. I'm sorry. Do -- do you have a question, Senator Woodyard? l73 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 2B, 1996
Yes. Excuse me. And 1...
PRESIDING OFFICER: (SENATOR WATSON) That was my fault.
i . .. I'm not soing... I PRESIDING OFFICER: (SENATOR WATSON) ' That was my fault. Senator Woodyard. Go right ahead.
Yes. Question of the sponsor. !
PRESIDING OFFICER: (SENATOR WATSON) ! Sponsor indicates she 'll yieldy Senator Woodyard. SENATOR WOODYARD : ' I -- I think I know the answer to this. But this impacts only CookCounty,isthatcorrect? Because...
PRESIDING OFFICER: (SENATOR WATSON) J Jus t a moment . Senator Parker. '
Yes. Tt is only for Cook County. '
PRESIDING OFFICER: (SENATOR WATSON) Senator Woodyard.
... position of the Fire District Associatlon? !
PRESIDING OFFICER: (SENATOR WATSON) Senator Parker. !
Everybody has been in agreement With this. This is something they'd have liked to have done for a long time. PRESIDING OFEICER: (SENATOR WATSON) I Senator Woodyard.
I Well, I'm not sure that some of the downstate districts, but 174 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legîslative Day March 28, 1996 if they're not involved uith it# that's fine.
PRESIDING OPFTCER: (SENATOR WATSON) The question is, shall Senate B1ll 1407 pass. All those in favor, vote Xes. Opposed, vote No. The voting is open. Have a11 voted who wish? Have all voted Who Wish? Have a1l voeed who wish? Take the record. On that questionr there are 32 voting Ves, 23 voting No, no voting Present. Senate Bill 1407, havlng received the required constitutional majority, declared passed. All right. It's the intention of the Chair to go to Supplenental Calendar. So we're no longer on the regular Calendar. And We -- everyone should have Supplemental Calendar No. on your desk. Motions in Writing. And the first motion is by Senator Jones in regard to Senat/ 9il1 1338. Read th& motion, Mr. Secretary.
Having voted on the prevailing slde, I move to reconsider the vote by uhich Senate Bill 1338 failed...
PRESIDING OPFICER: (SENATOR WATSON) Excuse ne, Mr. Secretary . I guess he does not wish to call the motion. A11 right. If need bey we can eome back to that order. So, now we are at Senate Bill 1511. Motions in Writing. Senator Demuzio. Mr. Secretary, please read the motion.
Having voted on the prevailing side, I move to reconsider the vote by which Senate Bill 1511 passed. Filed by Senator Demuzio, this date.
PRESIDING OPFICER: (SENATOR WATSON) To renind the Membershlp what We're doing: This is a Motion to Reconsider. There will be no debate. Senator Demuzio may explain his motion. There is no response necessary. in fact: the motion prevailsr then we go back to that Order of Business of 3rd Reading on Senate Bill 1511. Senator Demuzio.
175 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Yes. It -- it takes thirty votes to reconsider, as well. Is that correct, Mr. President? In -- this motion is on Senate Bill 1511, Which would extend the property tax caps to downstate to those taxing districts -- if approved by a referendum brought by a county board or a taxing district body for counties. There was ! some confusion around here over on this side when this issue came up and I was inadvertently voted Yes, whenr in fact, I wished to ! have been recorded No. Therefore: Ilm taking the action to move to reccnsider ehe vote by which Senate Bill 1511 passed, so that, in : factr we could have another opportunity to debate, diseuss and I vote on tbis issue. So I uould move to reconsider. PRESIDING OFFICER: (SENATOR WATSON) ! Having -- Senator Demuzior having presented the motion and 1 having -- voting on the prevailing side, Senator Demuzio moves to reconsider the vote by which Senate Bill 1511 passed. Those in I favcr, vote Aye. Oposed, vote No. The voting is open. This . I I takes thirty votes to reconsider. Have a1l voted uho wish? Have 1 a1l voted who wish? Have all voted who Wish? Take the record. On that questiony there are 22 votin: Xesz 32 voting No, no voting I Present. The motion fails. The third motion in Motions in 1 Writing, Senate Bill 1687. Senator Demuzio. Do you Wish this -- I no? Push your button. That's correct. Senator Demuzio. ! SENATOR DEMUZIO: ! Well, judging fron that last vote, I would like to have pushed ! a 1ot of buttons. Am I only linited to just the one? I'd like to yield to Senator Carroll to make the explanation with respect to ! Senate Bill 1687, if I might. l PRESIDING OFFICER: (SENATOR WATSON) 1 Senator Carroll is going to explain Senator Demuzio 's motion. l But it has to be read. So Senator -- I beg your pardon. Mr. ! secretary, please read tbe bill. ! SECRETARY HARRY: 176 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28, 1996 Havin: voted on the prevalling side, I move to reconsider the I voee by which Senate Bill 1687 passed. ' Piled by Senator Demuzio, this date. ? PRESIDING OFFICER) (SENATOR WATSON) I Senator Carroll. SENATOR CARROLL: j Thank you, Mr. President, Ladtes and Gentlemen of the Senate. Apparently, Senator Demuzio had voted in error on this. He and I f 1 happened to have been off the Floar in a Leaders' meeting at the I time, and I think Members on oar side didn't realize what kas in ) I this legislation. Basically, What this legislation does is it s tops the Departnent of Public Aid from doing the add-on payments I i l or adjustment payments that they have been making in -- in fiseal ' 196 and before, including critical hospital access payments. This I / means, to each and every one of the Members in this Chamber who j has had a hospital in their district - and that is the vast I ' 1 majority of us - who have been receiving these adjustment payments, what they call the critical hospttal aceess payments, I I the CHAP payments - would, in faet, lose khem unless a General f I Assembly itself passes it: Which could be a question of Who gets I what, as opposed to a fair adjustment around the State based on I need. And, for example, in -- in Springfield, there Nould be loss 1 I of the paynenks to the hospitals here. I could go through the I I whole list. I don'k think itds necessary. In general, downstate I rural would lose twenty-eight million five hundred thousand in I what Were these CHAP payments. Other urbans would lose thirey-one ? i million. Chicaso D6H a hundred and ten million. These are I 1 just in the CHAP payments. I don't think Members Wanted to vote I to eliminate those, and I would therefore suggest that's why l ! Senator Demuzio wants to reconsider. 2 . PRESIDING OFFICER I : (SENATOR WATSON) ! Having voted on the prevailing stde, Senator Demuzio votes to ! 177 ! I STATE OF TLLINOIS 89TH GEKERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 2Br 1996 - - moves to reconsider the vote by which Senate Bill 1687 passed. Those in favor of *he motion, vote Aye. Opposed, vote No. The voting is open. Have a11 voted Who wish? Have a11 voted who wish? Have all voted who wish? Take the record. On that j question, there are 24 voting ïes, 31 voting No, no voting r Present,and themotionfails. SenatorPhilip,for khat purpose / i do yOu fisp? ! SENATOR PHILIP: ; Purpose of announcement, Mr. President. PRESIDING OFFICER: (SENATOR WATSON) ! Please... I SENATOR PHILIP: : ' I And I'd like -- first of all, I'd like to have -- Senator : 1 Klemn is not here again today. He's home convalescing from / I pneunonia. Hopefully, he'll be back here after Easter. Might I also say that we've gone through the Calendar, 3rd Readlngs, four I times. We've gone to Postponed Consideration, and very honestlyr ! we're in pretty good shape. I hope that everybody Would pick up ! sone of those House bills that are on the Calendar. If you kant to 1 . get them in the system, get them posted and heard, try to pick 1 them up Loday. And drive safely. We're coming -- going to come I 1 back on April 16th at noon. And welll do some work on the Floor ! and we'll have some committee hearings. And everybody have a I wonderful, beautiful Easter. ! ! PRESIDING OFPICER: (SENATOR WATSON) ! Resoluttons, Mr. Secretary. 1 SECRETARY HARRY: ! Senate Resolubion 184, offered by Senator Demuzio. ! I ft's a death resolutionr Mr. President. f PRESIDING OFFICER: (SENATOR WATSON) ! I I Consent Calendar. I : SECRETARY HARRY: j l78 I STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGOLAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28g 1996 I Senate Joint Resolution 87, offered by Senator Weaver. (Secretary reads SJR No. 87)
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver moves to suspend the rules for the purpose of immedlate consideration and adoption of Senate Joint Resolution 87. Those in favor, say Aye. Oppcsed, Nay. The Ayes have it, and the rules are suspended. Senator Weaver, to explaln the -- the resolutlon. Senator Weaver has moved for the adoption of Senate Joint Resolution 87. Those in favor, once again, wculd you please respond by the message Yes. Those opposed, No. The Ayes have it, and the resolution is adopted. Senakor Geo-Karis, for one more announcement, I have a feeling. ïes. Senator Geo-Maris.
You're right, one more announcenent. I have With me, Mr. James Betustak from Lake Villa Township, my constituent, Who is with ehe -- the -- the Cooperative Extension Service of the University of Illinois. We're delighted to have Jimmy here. PRESIDING OFFICER: (SENATOR WATSON) 1 Very good. Welcome to Springfield. Glad to have you. To clear up the Supplemental Calendar No. 1, there will be a Motion in Writing, I understand, to withdraw the Motion in Writing in regard to Senate Bill 1338, by Senator Jones: ln effect, kaking that off the Calendar and removing that motian. ...Bill lst Reading.
House Bill 347, offered by Senator Berman. (Secretary reads title of bill) House Bill 2028, by Senators Walsh and DeLeo. (Secretary reads kitle of bill) I Senator Madigan offers House Bill 2347. I (Secretary reads title cf bill) I House Bi1l 2745, Senator Weaver. 1 I I l79 I I STATE OF ILLIHOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 90th Legislative Day March 28r 1996 (Secretary reads title of bill) House Bill 3048, by Senator Dillard. (Secretary reads title of bill) Senator Petka offers House Bill 3281. (Secretary reads title of bill) And House Bill 3625, by Senator Fawell. (Secretary reads title of bill) Also, House Bill 3348, by Senator Cullerton. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR WATSON) Messages, Mr. Secretary. SECRETARY HARRY; Message fron the President. Dear Mr. Secretary - pursuant to the provisions of Senate Rule 2-l0(e)# I hereby extend the deadline for final action on the following categories of bills, with speclflc bills enumerated under these categories to January 7th: 1997; State's Bonded Indebtedness, speclfically Senate Bill 1758: Pensions and Retirementy specifically Senate Bills 1256 and 1917; and Transportation and Economic Development, specifically Senate Bi11 1245. Filed March 28th: 1996, by President Philip.
PRESIDING OFFICER: (SENATOR WATSON) Is there any business or further business to eome before the Senate? If not, pursuant to the adjournment resolution and the Chair wishing everyone a happy Easter and a safe trip home, We Will stand adjourned until noon, Tuesdayr April 16th. 180 * REPORT: TiFLDâY STRTE OF ILLIMOIS 96/10/07 PAGE: 001 8jTH GENERAL ASSEMBLV 13;kk;2k 8EVâTE DAILY TRANSCRIPTION OF DEBâTE INDEX HâRCH 28, 1996 HB-03tT FIRST READING H8-1285 FIHST READING H8-1287 FIRST REàDING HB-1290 FIRST READING :3-2028 FIRST READING KB-2347 FIRST READING H:-2:û6 FIRST REàDING H8-2529 FIRST READIVG H8-2557 FIRST READING H3-2587 FIRET REZDJNG H8-2616 FIRST READING H8-2651 FIHST REâDING H8-2691 FIRST READING H8-2745 FIRST REàDING H8-2915 FIRST READJ#6 H8-3048 FIR8T READING H3-3052 FIRST READING :8-3281 FIRST READING H8-3348 FIRST READING H8-3396 FfRST RE2DI#G H8-3546 FIR8T HEADTNG H8-3614 FIRST REâDiMG HB-361T FIRST READING H8-3625 FIRST READING H8-3629 FIRST READI#C H8-3638 FIRST READING 58-0522 THIRD READING SB-12k5 OTHER sB-12k6 TKIRD READIVG s8-1256 OTHER :8-1266 THIRD READING 58-1268 THIRD REâDING 38-1278 THIRD READING SB-1300 THIRD REâ9ING s8-t&d8 UOTLOU FILBD 38-1363 THIRD READING 58-1363 OTHER 38-1365 THIRD REâDING SB-1381 THIRD REâDIMG SB-IJ8: THIRD REâTLSG 38-1390 THIRD READING SB-1391THIRD READING 38-1402 THIRD READING S3-140T POSTPOMED CONSIDERATION sB-1#19 THIRD READING 38-1424 THIRD READING 38-1437 THIRD READING sB-1yk0 THIRD READING 3B-1kj8 THIRD REâDIMC :8-1,73 THIRD READING 38-1486 THIRD REâDING SB-1%90 THIRD READING SB-1y9) THIRD REâDIMG SB-1502 THIRO READIVG 58-1504 THJRD REZDIMG 3B-1511 THIRD REâDING SB-1511 HOTIOM sB-1511 HOTIOM FILED sB-1511 OTHER sB-1511 DISCUSSED 38-1513 THIRD READING 38-15:6 THIRD READING 38-1522 THIRD REâDING s8-1527 THIRD READING - %? 8 HEPORT: TiFLDAY STATE OF iLLINOIS 96/10/07 PAGE: OO2 89TH GENERâL ZS3EMBLY 13:RR:2$ SENATE DAILY TRZNSORIPTION OF DEBâTE INDCX HARCH 28, 1996 SB-15/ 13 'IYIRD REâDl#(; PâGE 116 l 3B-15411THIRD READING PZGE 117 I SB- 1550 THIRD READING PAGE 5q I j 58-1556 THIRD READING PAGE 62 I 58-1578 THIRD REâDIMG PAGE 63 .5 ..8-1633 THIRD READING Pât;B 61 SB-16R3 THIRD READING PAGE 65 3B-1645 THIRD REâDIMG PAGE 66 58-1669 THIRD REâDING . PâGE 67 SB-1669 OTHER PZGE 72 SB-1671 THIRD REâDIVG PAGE 68 SB-168l 1 THIRD READIKG PAGE 72 SB-1687 THIRD READING PACE 79 SB-1687 HOTION PAGE 1T6 SB-1687 HO1'I0N FILED PAGE 165 SB-1687 OTHER ' P2GE 80 SB-1687 OTHER PâGE 81 SB-1687 OTHER PAGE 82 SB-1696 THIRD READING PRGE 81 SB-17116 THIRD REâDING PâGF 25 SB-17kS THIRD REâDING PAGE 90 SB-115-( THIRD REâDIMG PKE 9: SB-1758 OTFIER . PâGE 180 SB-1759 I'HIRII REàDING PAGE 92 SB-1764 THIRD IEADING ' PAGE 93 SB-l'frf.3 THIRD READING PâGE 911 2B-1777 THIRD READIMG . PAGE 10j S3-1785 THIRD READING ' PAGE 119 SB-1796 THIRD READING PZGD ' 120 SB-1811 THIRD READING PAGE 123 SB-181li THIRD READING , PAGE 125 SB-1823 THIR: READING PAGE 126 58-1823 OTHDR PAGE 150 . SB-1853 THIRD REâDING PAGE 1:8 SB-1881 THIRD READING PAGE 150 SB-1887 THIRD READING PIïGEI 152 SB-1917 OTFIER PAGE 180 SR-018tiRESOLIJTION OFFERED PAGE 178 SJR-008T ZDOPTED PRGE 1' r9 SJR-0087 RESOLIJTICM OFFERED PAGE 1rr9 SIJBJECT MATTER SeNATE T0 ORDEH-SENATOR KEAVER ' PAGF 1 PRAYER-PASTQR D2N SIEBERT PZGE 1 PLEDGE OF ALLEGIANCZ PAGE 1 JOURNZLS-APPROVED PAGE 1 JOURNAL-POSTPONED PAGE 1 COMHITTEE REPORT PâGE 2 I MESSAGES FROM THE HOUSE PAGE 2 INTRCDUCTION OF GUEST-SENATOR BURZYNSKI PAGE 3 GUEST SPEAKER-HISS LYNN BOPGHTON PAGE 3 INTRODUCTIOQ OF GUEST-SEMâTOR DEMUZIO PAGE 3 GUEST SPEAKER-JPLIB A:N NIEHERG PAGE V COMHITTEE RUPCRT PRGE 108 j MESSAGE FROM THE PRESIDEMT PAGE :80 ADJOURNXENT PAGE 180 I I . 1 I J l i I I ) !