Illinois General Assembly Floor TranscriptsBrowseSenate89th GA

Illinois Senate Floor Debate — November 19, 1996

89th General Assembly (1995-1996) · Legislative day 115 · Regular Session
Chamber
Senate
General Assembly
89th (1995-1996)
Date
November 19, 1996
Legislative day
115
Session
Regular Session
Speaker turns
37
Original
View the source PDF ↗
PRESIDENT PHILIP

Thank you, Sean. Extremely well done. Messages. Resolutions.

Harry (surname or first name uncertain)

Senate Resolution 249, offered by Senator Jones and a1l Members, as is Senate Resolution 250. Senate Resolution 251, also by Senator Jones and a11 Members. They're al1 death resolutions, Mr. President.

PRESIDENT PHILIP

Consent Calendar. Senator...

Harry (surname or first name uncertain)

Senate Joint Resolution 112, offered by Senator O'Danlel. Senate Resolution -- or, Senate Joint Resolution 113, by Senator Cronin. 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day Novenber l9# 1996 I And Senate Joint Resolutlon 114, by Senator Cronin. ) And Senate Resolution 252, by Senator Rlemm. ! I They're all substantive.

PRESIDENT PHILIP

Senator Palmery for what purpose do you rise?

SENATOR PALMER

Thank you, Mr. Prestdent. A point of personal privilege.

PRESIDENT PHILIP

State your point.

SENATOR PALMER

I'd like to introduce the members from the Randolph Magnet . Elementary School, Who are on this side of the aisle in the balcony. And espectally today, there ls a young wcman here who is an honorary Page, Cyndi McLendon. Her mother is in the balcony, as well as her teacher. And T ask that We recognize and acknowledge them .

PRESIDENT PHILIP

If theydll please rise and be recognized by the Senate.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) On page 3 of today's Calendar is the Order of Motions in Writing to Accept Specific Recommendations for Change. Senator ' Klemm . Senate B1l1 1122. Mr. Secretary: do you have a motion on your desk regarding Senate Bill 1122? SECRETARV HARRY: ! Yes, Mr. President. I move to accept the specific I recommendations of the Governor as to senate Bl11 1122, in manner and form as follows: I Amendment to Senate Bill 1122 in Acceptance of the Governor's Recommendaklons ! Flled by Senator Klemm. ' PRESIDING OFFICER: (SENATOR DPANGELIS). ' ' ! Senator Klemm. l I 3 STATE OP ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day November l9, 1996 I

SENATOR KLEMM

Thank you, Mr. President. Senate Bill 1122, I move the -- the acceptance of the Governor's recommendation, and 1et me explain to the Body what those changes uere. This was pareicularly about our I Skate scholarships that the General Assembly Members award as a I legislative scholarship. And What -- if you recall last year, we I were trying to get some definitions and also trying to define some identity of who those individuals would be who receive the I recommendatlons of scholarship awards. The Governor had -- staff I had talked to me about trying to expand the definitions and the requirements, and I certainly aqree, and most of us certainly felt that last year. So the Governor: I think wisely, and I support his efforts in tryin: to change it. And basically what wedre l doing is having not only the nominee's name, but wefre also asklng I for thelr address, the university they attend, the program in I which theydre enrolled in, the anount of tuition waived by the legislato'r's scholarship, and also we ask that the statement by the nominee -- has a waiver docunent that also would contain this ' statement: that kf, in fact, the nominee does not live in the p area 'that thev -'' sav -'' thev- arey that the nominee. would '' have to -- . I : that scholarship Would be revoked by the State Board of Education' j after a hearing, and if they found that the person did, in fact, mislead the legislator, that that nominee Would reimburse the I university for the full amount of the Waiver that they were ! granted. Those changes, I think, are essential to restore some of I the integrity that we a11 follow and have followed. Through the I years, there's been some problems, perhaps. We thlnk this change will certalnly rectify that and brlng, again, the measure of ! integrity that we want on these scholarshtps. So I do ask for I your approval and support. l PRESIDING OFFICER; (SENATOR DeANGELIS) ! . Senator Geo-Karis. 4 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 115th Legislative Day November 19y 1996 ) : SENATOR GEO-RARIS: Mr. Presldent, wi1l the -- with the noise in here, I could hardly hear the explanation, but may I refer my question to the I I I sponsor? Will he... PRESIDING OFPICER: (SENATOR DeANGELIS) 1 Sponsor sald he shall yield. ! SENATOR GEO-KARIS: I Senator' this is the -- would you just give me, in one sentence, what's the najor change of this bill? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Rlemm . . SENATOR RLEMM: I Well, the major change is as I ezplained. It was the ! . expansion of just providing the name of the individual being ! awarded the scholarshtp, but also Where they live, what school ! they attend, as I mentioned. That Would be the expansion of it. PRESiDING OFFICER: (SENATOR DeANGELIS) ! Senator Cullerton. I SENATOR CULLERTON: I ' Yes. Would the sponsor yield? j PRESIDING OFFICER: (SENATOR DeANGELIS) J Sponsor says he will yield. I SENATOR CULLERTON: Senator, what is the effective date of this bill, and Whatfs I the impact of the le:islation on current scholarshlp recipients? I PRESIDING OFPICER: (SENATOR DeANGELTS) I Senator Klemm . ! SENATOR RLEMM: I did hear the first part of your question. The effective... 1 PRESIDING OFFICER: (SENATOR DeANGELIS) ' Senator Cullerton. I SENATOR CULLERTON: 1 5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day November 19z 1996 What is the effective date of this bill and what is the effect of this legislation, if passed, on current scholarships?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm .

SENATOR KLEMM

Well' I understand the effective date would be upon acceptance of the -- innediate - I guess I would have to say that - on acceptance of the Governor's recommendation. It does not have any effect, as yet, on those that are receivinq scholarships in the term of ehe scholarshlp kheylve already received. On a new designation, or a new scholarship award, then it would apply t

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Fawell. SENATOR FAWELL: ' Senator, Will you yield for a question?

PRESIDING OFFTCER (SENATOR DeANGELIS)

PRESIDING OFFTCER: (SENATOR DeANGELIS) Sponsor says he will yield.

SENATOR FAWELL

I notice that we also are supposed to tell hoW much money this will involve, as far as tuition. Is -- are the schools going to give us that -- that number, because I certainly don't have' any idea?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Klemm.

SENATOR KLEMM

Yes. The schools would provlde that for us.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Any further discussion? If not, the question is, shall the Senate accept the specific reconmendations of the Governor as to Senate Bill 1122, in the manner and form just stated by Senator Klemm. Those in favor Wlll.vote Aye. The opposed Will vote Nay. The voting is now open. Have all voted who kish? Have al1 voted ' 6 STATE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day November 19, 1996 who wish? Have al1 voted Who wish? Take the record. On that question, there are 56 Ayesr none voting Nay, none voting Present. The specific recommendations of the Governor as to Senate 3il1 1122, having received the required constitutional majority of Senators elected, is declared accepted. Senator Shadidr for What reason do you rise? SENATOR SHADID: Polnt of personal privilege. PRESIDING OFPICER: (SENATOR DeANGELIS) State your point. SENATOR SHADID: . I would ltke to introduce in the gallery the County Recorder from Peoria County, Dlrk McGlnnls, who is present. PRESTDINC OFFICER: (SENATOR DeANGELIS) Senate Bill 1425. Senator Madigan. Mr. Secretary, is there on the Calendar on the Order of Motions -- ts there a -- read the ' motion, please. ACTING SECRETARY HAWKER : I nove to accept the specific recommendations of the Governor as to Senate Bi1l 1425, in manner and form as follous: Amendment to Senate Bill 1425 ' in Acceptance of Governor's Recommendatlons Offered by Senator Madigan. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Madigan. SENATOR MADIGAN: Thank you, Mr. President. Senate Bill 1425 dealt with the issuance of insurance policies eo people that may be subject to domestic abuse. When the bill was passed and sent to the Governor, it included accident and health tnsurance policiesr khich was inadvertent. The Governor, in his visdom, has deleted accident and health insurance from the language of Senate Bi11 7 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legtslative Day Novenber l9, 1996 1425, and I would ask the Senate to accept this change by Governor Edgar.

PRESIDING OPFICER (SENATOR DeANGELIS)

PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Weleh.

SENATOR WELCH

I have a questlon of khe sponsor.

PRESIDING OFFTCER (SENATOR DeANGELIS)

PRESIDING OFFTCER: (SENATOR DeANGELIS) Sponsor says he Will yield.

SENATOR WELCH

Senator Madigan, prlor to tbe Governor's vetoz did *he bill say that if a person is subjeet to domestic abuse, an insurance company cannot discrimlnate them on life insurance or health insurance or other types of insurance? Is that what the bill said before the veto?

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Madigan. SENATOR MADIGAN) Thae is correctê Senator Welch.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Welch.

SENATOR WELCH

Well, thenz what is the rationale of eliminatin: the requirement that an insurance company insure an individual for health insurance who's the subject of domeseic abuse? I'm not sure I understand why we don't want to make sure that those indlviduals have insurance.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Is that a question? Senator Madigan.

SENATOR MADIGAN

Thank youz Mr. President. Senator Welch: the purpose of the blll was to avoid a problem where a person Who may be the abuser would beneftt by -- from the insuranee contract by abusing the -- 8 STATE oe ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 115th Leqislative Day November 19: 1996 I by abusing someone in the famlly. That is -- We intended to do this for the purpose of life insurance policies. Obviously, accident and health policies should not have been included, Which the bill did. We're taking accident and health policies out of that, buk leaving the life insurance policy language in. PRESIDINGOFFICER: (SENATORDeANGELIS) j Senator Welch.

SENATOR WELCH

Well, I understand the theory behind the -- the life p insurance, but it doesn't make sense to me to eliminate the other types of insurance. Why not eliminate discrtmination on those too? It seems to me a -- a one-in-a-million chance here that an 2 individual spouse will abuse the other one because they think they're golng to collect the benefits. You know, that rationale could be used by an insurance company for any kind of policy and ( to negate any coyerage for anybody. PRESIDING OPFJCER) (SENAT/R DeANGELJS) Are you done, Senator Welch? Senator Welch. SENATORWELCH: J There is a question mark at the end of that statement.

PRESIDING OPFICER (SENATOR DeANGELIS)

PRESIDING OPFICER: (SENATOR DeANGELIS) That's two times. Senator Madlgan. '

SENATOR MADIGAN

Thank you, Mr. President. Senator Welch , we're eliminatln: the discriminatlon as far as accident and health. In other words: this is not to the benefit of the insurance conpanies. This is of benefit to the -- by this amendatory veto, we 're eltminating the discrimination for someone who may be abused and not being able to access an accident and health policy.

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Berman.

SENATOR BERMAN

9 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day November l9, 1996 Thank your Mr. President. Senator Madigan, on the same I I subject - and I'm -- I'm a little confused bg the language of this l - could you lndicate -- as I understand your response to Senator ! Welch, it ls not the intent of this bill to deny coverage to a . person Who has been the victlm of abuse. Is that correct? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Madtgan. SENATOR MADIGAN: That is correctz Senator Berman. PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Berman. SENATOR BERMAN: Then let me ask you, under section (b), why would We have the following language? Quote: Nothing in this Seetion shall be construed to prohibit a company from refusing eo insure on the basis of khat individual's physical or mental condition regardless of the underlyinq clause (sicl (eause) of such condition. That seems to be -- an -- a -- a doorway that any insurance company could walk through to say, ''Mrs. Smith, because you Were the victim of abuse, we don't want to wrlte you.'' could you explain . that language ln relation to your previous answer? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Madigan. SENATOR MADIGAN: Well, the intent of the bill, Senator Berman, ls to prevent insurance conpanies kith thls lançuage, or this bill -- the intent ' of this bikl is to prohibit the insurance companies from assertin: that provislon on people that may be subject or -- to domesttc ' abuse. They still reserve the right to -- for other physical or . mental conditions, they still Would reserve their right - the ' insurance conpany reserves their right - to refuse coverage for ' . ! sone cther -- for some other reason, under a physical or a mental . 10 . I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day November l9: 1996 f condition. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Berman. SENATOR BERMAN: Wells I -- I hear your answerr but the language doesnft seem 1 to say that. As I read this, if -- if a woman is the -- is the I victim of abuse, this languaqe allows a insurance company to ! refuse to cover her. Nowz I'n -- I -- I voted for this btll. The 1 language was in it. But in the several months that ke have been ! I gone, this has come to my attention, and I've read it over and I over. Let me -- 1et me just requestz and I'm being very sincere: ' I . Could we take it out, look at the lanquage and beeter understand it; maybe call it tomorrow? I -- I understand your sincerlty, and ' ' I -- I just don't read it that way. ! PRESIDING OFPICER: (SENATOR DeANGELIS) I Take it out of the record, Madam Secretaçy. On page 3 of the C I Calendar in the Order of Motions in Writing to Accept Special I Recommendations far Change -- Specific Recommendations for Chanqe I I is Senate Bill 1467. Read khe bill, Madam Secretary. I ACTING SECRETARY HAWKER: I I mcve to accept the speclfic recommendations of the Governor l ! as to Senate Bill 1467, in manner and form as follows: ! Amendment to Senate Bill 1467 I in Acceptance of Goveraor ,s Recommendatlons ! I Offered by Senator Donahue. I PRESTDTNG OFFTCER: (SENATOR DeANGELIS) ) Senator Donahue. 1 SENATOR DONAHUE: / Welly thank you, Mr. President. I kould move that we accept the Governor's specific recomnendatëons for change ln Senate Bill f 1467. It is for the better. What we had done originally was I restrict local entities, most particularly our home rule units, on f I : 11 1 STATE OF ILLINOIS 89TH GEHERAL ASSEMBL% REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day November 19, 1996 I some of thetr curfew regulations. Now Wedre just simply broadeningthatalittlebitmore. Andit'sagood bill, and I 1 would ask foryoursupport. 1 I PRESIDING OFFICER: (SENATOR DeANGELIS) f ! The question i:, shall the Senate accept the specific I recommendations of the Governor as to Senate Bill 1467, in the I manner and form juut stated by Senator Donahue. Those in favor I wilk vote Aye. The opposed Will vote Nay. And the voting is noW ' open. Have al1 voted who Wish? Have all voted Nho wish? Have al1 voted who wlsh? Take the record. On that question: there are 57 Ayesr none voting Nayy none voting Present. The spegifle , . recommendations of the Governor as to Senate 3ill 1467, having received the required constitutional majortty vote of Senators elected, are declared accepted. Senator Peterson. SENATOR PETERSON: Thank you, Mr. President. On a point of personal privilege. PRESIDING OFPICER: (SENATOR DeANGELIS) : State your pointr Senator. , SENATOR PETERSON: ' I'd like to introduce two ladies from my district who are very ' . ! active in Meals on %heelsz and they 're Dorothy Schar from Vernon Hills and June Peterson from Mundeleins up in the President's ! Gallery. I PRESIDING OFFICER: (SENATOR DeANGELIS) I Will our guests please stand and be recognlzed? The Chair f would remind a1l Members that motions on veto measures should be I filed With the Secretary as soon as possible. It is the intent of I . khe Chalr Eo take up motions on veto measures agaln tomorrow, Wednesday, November 20th, so please file ycur motions before adjournnent today. Committee Reports. ACTING SECRETARY HAWKZR: j Senator Weaver, Chairman oftheCommttteeon Rules,reports 1 I 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION EENATE TRANSCRIPT 115th Legislative Day November l9, 1996 I that the following Legislative Measures have been assigned: I Referred to Agriculture and Conservation Committee - House Bill I I 2963; referred to Judiciary Comnittee - Senate Btlls 1951, 1952,, j 1953 and 1954, and House Bill 11317 Be Approved for Consideratian I ! - House Bill 2737, and Senate Amendment No. 4 to House Bill 2737. ! I Offered by Senator Stanley Weaver, Chalrman. ,

PRESIDING OFFICER (SENATOR DeANGELIS)

PRESIDING OFFICER: (SENATOR DeANGELIS) Resolutions, Madam Secretary.

ACTING SECRZTARY HAWRER

Senate Resolutions 253 through 257. They are a1l death resolutions and a11 filed by Senator Severns.

PRESIDING OPFICER (SENATOR DeANGELIS)

PRESIDING OPFICER: (SENATOR DeANGELIS) Consene Calendar. Introductions of Bills .

ACTING SECRETARY HAWKER

Senate Bill 1955, offered by Senator Rea. (Secretary reads title of bill) Senate Bill 1956, offered by Senator Hendon. (Seeretary reads title of bill) And House -- pardon ne. And Senate Bill 1957: offered by Senator Hendon. (Secretary reads title of bill) lst Reading of those bills. PRESIDING OFFICER; (SENATOR DeANGELIS) Senator Philip. ' SENATOR PHILIP: : Thank you, Mr. President, Ladies and Gentlemen of the Senate. ! j I If I could have your attention, just for a minute. We re goëng to I ha7e a ceremony tomorrow at 11 o 'clock for Cardinal Bernardin. So t ! hope that everybody would be here and on time. We -- we have the 1 - - I thlnk, the highesk Catholic official in -- in Springfield I I here coming to say some prayers and some Words# and so everybody I would be here at 11, be on time. Tk'll probably take forty-five ' I 13 I I STATE OF ILLINOIS 89T8 GENERAL ASSPMBLY REGULAR SESSION SENATE TRANSCRIPT 115th Legislative Day November 19, 1996 I minutes. j PRESIDING OFPICER: (SENATOR DeANGELIS) Mr. Secretaryy are there any motions been filed? SECRSTARY HARRY: ïes, Mr. President. Senator Parker and Senator Carroll have l I both filed notions with respect to Senate Bill 1440, and Senator I ) Berman has filed a motion with respect to Senate Bill 1853. I PRESIDING OFPICER: (SENATOR DeANGELIS) I I Mr. Seeretary, please honor the requesb of havin: these ! I motions printed on the Calendar. So ordered. senator Geo-Rarts. 1 SENATOR GEO-RARIS; I I Mr. President, on a point of personal privilege. ! PRESIDING OFPICER: (SENATOR DeANGELIS) 6 I Etate your point. I I SENAQOR GEO-KARIS: I I'm delighted to have one of my constituents here today in the I I President's Gallery: Tom Rogers, from Lisertyville. I welcome I I you here, Mr. Rogers. I PRESIDING OFFICER: (SENATOR DeANGELIS) I 1 Mr. Rogers, please stand and be . recognlzed. Is there any 1 ' further business to ccme before the Senate? If -- if not, the I ' j Senate will reconvene tomorrow at 10:45. And we urge you to be I present, beeause the service is going to seart promptly at 11 and f I the doors will be locked. Tomorrcw - till 10:45 on Wednesday, I / November 20th. Senate stdnds adjourned. I I ) I I I 1 I I . 1 i 14 I REPCRT: TIFLDAY STATE OF ILLINOIS 96/12/02 PâGE: 0O1 89TH GENERAL ASSEHBLY 11:39:16 SENATE DAILY TRANSCHIPTION OF DEBàTE INDEX NO7EHBER 19, 1996 ! 33-1122 7ETO ACTION PAGE 3 SB-1425 7ET0 ACTION PâGE 7 58-1425 OUT OF RECORD PAGE 11 :B-1kk0 HOTIOM FILED P2GD 1) SB-1k67 VETO àCTiON PZGE 11 58-1853 HOTION FILED P2GE 14 I 58-1955 FIRST READIPG PACE 13 ) S :B-119 8 - 6FI 957 FIRST RE N READING 3R-0249 RESOLUTION OFFERED PZ 1133 PAGE PAGE 2 1 I 5R-0250 RZSOLUTION OFFERED PêGE 2 / SR-0251 RESOLUTION OFFERED PZGE 2 I 5R-0252 RESOLUTION OFFERED PAGE 3 ! 5R-0253 RESOLUTION OFFERED PAGE IJ I 5R-0254 RESOLUTICM OFFERED PâGD 1J l 5R-0255 RESOLUTION OFFERED PAGE 13 I 5R-0256 RESOLUTION OFFERED P2GD 13 1 SR-025; RESOLUTION OFFERED PZGE 13 I SJR-0112 RESOLUTION QFFERED PZGD 2 ( SJR-0113 RESOLUTION OFFERED PZGE 2 I SJR-OIIk RESOLUTION OFPERED PZGE 3 1 I SUBJECT HATTER I 1 SENATE TO ORDER-PHESIDEMT PHILI? PZGE 1 1 PRAYER-THE REVEREND JEFF CHITHOOD PAGE 1 I PLEDGE OF ALLEGIâMCE PAGE 1 I JOURNAL-APPROVED PAGE 1 I '' INTRODUCTION OF GUEST-SENATOR WALSH PAGE 1 4 REHARKS BY SEAN STEPHENSON, G07ERN0R OF BOYS STATE PAGE 2 J COMHITTEE REPORTS PAGE 12 I ADJOURNHENT PZGE 1R I . I . p 1 ' f f 1 1 I