The regular Session of the 89th General Assembly Will please come to order. W1ll the Members be at their desks. Will our guests in the galleries please rise. Our prayer today will be given by Senator Adeline Jay Geo-Karls. Senator Geo-Karls. '
(Prayer by Senator Adellne Jay Geo-Karis) !
Please remain standing for the Pledge of Allegiance. Senator Sieben. I :
(Pledge of Allegiance, 1ed by Senator Sieben) 1
Readin: of the Journal. Senator Butler. ! SENATOR BUTLER: l Mr. President, I move that reading and approval of the Journal of Tuesday, November 19th, in the year 1996, be postponed, pendin: i arrival of the printed Journal.
Senator Butler moves to postpone the reading and the approval j of the Journal' pending the arrival of the printed transcript. There being no objection, so ordered. If I mlght have your attention. In about five ninutes, we're qoing to do the Memorial ! r Service and we will be securin: the doors. So everybody who wants to participate in the serviee please be in their seat. It'1l take us about five minutes; we're stlll walttnq for one of the i participants to arrive. Senator Shadld.
! Point of personal privilege, Mr. President.
State your point.
! 1 ; : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 I have some visitors behind me in the gallery. I'm pleased to have jolnin: us: the Senate gallery today, visitors from East Peorla, Illinois, the home of the Festival of Lights. Forty-four menbers of the East Peoria Central Junior High School Student Council, along with their advisors, Scott Estes and Julie George, are here today. Their trip is sponsored by the East Peoria Chamber of Commerce and Tourlsm . Karen Mcclellandz President-elect, and tbeir Executive Director, Dick Dodson, are also in attendance. I wane to mention that East Peoria Central Junior High Girls' Softball Team recently kcn the 1996 State IESA Championship, wlth an undefeated season. Would you please help me in welcoming them to Springfield?
If you'll please rise and be recoqnized by the Senate. ... shadid.
Presidentr also have, if youdll bear with me, another point of personal privilege.
State your point.
I'm also pleased to have joining us, in the Senate Gallery behind the Republican's section, four of my constituents from Peoria Heights: Rhonda and Larry Haslett, and Ned and Andrea Pendleton, from Peoria Heights. Thank you .
Would you please rise and be recognlzed by the Senate? The Senate will stand at ease until the call of the Chair. (SENATE STANDS AT EASE) 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20y 1996 I (SENATE RECONVENES) j I I PRESIDENT PHILIP: f I The Senate will please come to order. Resolutions. 1 SECRETARY HARRY: I Senate Resolution 258, offered by Senators Philip and Jones. I PRESIDENT PSJLTP: I Senator Weaver moves the adoption of Senate Resolution 258. I All those in favor, signify by saying Aye. Those opposed: Nay. ! . I Ayes have it. The resolution is adopted. For the recordz that I was the Cardinal's resolution. We jus: d1b it offlcially. , Messages from the House. I 1
Message from the House bg Mr. McLennand, Clerk. I Mr. Prestdent - I an directed to inform the Senate thaL J the House of Representatives has refused to recede from their I I Amendment No. l to a bill of the following title, to uit: 1 Senate Bill 1766. I I am further directed to inform the Senate that the House I ' j of Representaeives requests a First Committee of Conference. . I Action taken by the Housez November 19th, 1996. 1 PRESIDENT PHILIP: I Without objections, the Senate accedes to the request of the l I House for conference commlttees on those bills just read by the I Secretary. Leave is granted. Senator Donahue, for what purpose I do yOu rise? l I SENATOR DONASUE: I Well, thank you, Mr. President. Just simply for the purposes I of informing the Body that Senator Mahar will be gone today and I I tomorrcw, November 20th and 21st, due to the death in the family.
3 I STATE OF ILLINOIS 89TH GENERAL ASSERBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20: 1996 The record kill so indicate. I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Smith. '
Mr. Presidentp point of personal privilege. I Wanted to inqutre of the President if thçre would be any copies available of the services that Were just held here for the -- in order -- in honor of the Cardinal, or any tapes.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Smithy we will make every attempt to get a transcript for you of the proceedlngs. On page 3 Qf the Calendar is the Order of Mottons in Writing to.Accept Specific Recommendations for Change. Senator Madigan. Senator Madigan, on Senate Bill 14257 Mr. Secretary, read the -- Madam Secretary, read the motton, please. ACTING SECRETAR? HAWKER: I move to aecept the specific recommendations of the Governor as to Senate Bill 1425, in manner and form as follows: Amendment to Senate Bill 1425 in Acceptance of Gyvernor's Recommendations Offered by Senator Madigan. '
PRESIDINC OFFICER: (SENATOR DeANGELIS) Senator Madigan.
Thank yous Mr. President. On Senate B1ll 1425 and the amendatory veto, I wouldz again, move to aceept the changes made ' by Governor Edgar to Senate Bill 1425. Yesterday We had some questions. I thënk those questlons have been ansWered; didn't ' really pertain to the amendatorg veto, more to the original bill. If there are any further questions, I'd be qlad to ansker those. OtherWiser I Would ask for approval of those changes. PRESIDING OFFICER: (SENATOR DeANGELIS) . 4 , STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPQ l16*h Lègislative Day November 20, 1996 : Senator Berman. ! SENATOR BERMAN : ! I Thank you -- Ehank ycu, Mr. President. ïesterday we raised f some issues on this bill. Between yesterday and today, the I ! questions tbat were raised have been answered, at least to my satisfaction. Let -- and I appreelate the courtesy of Senator Madiqan in taking this out of the record yesterday. I have had distributed on the Floor to each of your desks a letter, dated yesterday, from the Illinois Coalition Against Domestic Violencee Vickie M . Smith, Executive Director, addressed to Re and states that ''The Illinois Coalition Against. Domestlc Violenee had a number of concerns in relation to Senate Bill 1425 and we made those concerns known to Governor Edgar. The amendatory veto is in response to one cf those concerns. -As a result, we are supportive of the changes made by the amendatory veto.'' Again, that's from the Illinois Coalition Against Domestlc Violence. And just for the record, the purpose of the bill is to set certain guidelines so persons who are victims of domestic violence Will have the opportunity of getting insurance - health insurance, primarily v the same way that other people who have injuries Would be questioned or examined by the insurance companies. It eliminatez ' -- the purpose of the blll is to ellminate posslble discrimination against victims cf domestic violence. I stand ln support of Senator Madlgan's motion.
PRESIDING OFFICER: (SENATOR DeANGELIS) The question isr shall the Senate accep: the specifie recommendations of the Governor as to Senate Bi1l 1425, on the manner and form just stated by Senator Madigan. Those in favor w1l1 vote Aye. The opposed Will vote Nay. The voting is now open. Eave a1l voted Who wish? Have a1l voted who Wish? Have a11 voted who wish? Take the record. On that questionr there are 57 Ayes, none voting Kay, none voting Present. The specifle ! I STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 116th Legislative Day November 20, 1996 recommendations of the Governor as to Senate Bill 1425, having recelved the required constitutional majorlty vote of Senators elected, are deelared accepted. ...page 3 of the Calendar is -- 7 in the Order of Motions in Writing to Accept Specific I Recommendations for -- is Senate Bill 1781. Senator Burzynski. I Senator Burzynski. Take it out of the record. On the same page J I is Senate Bill 1853. Senator Berman. Read ehe bill, Madam 1 Secretary. Ory read the motion. I J ACTING SECRETARY BAWKER: 1 I move to accept the specific reeonmendations of the Governor I as to Senate Bt1l 1853, in manner and form as follows: I ' J Amendment to senate Bill 1853 I in Acceptance of Governor's Recommendations l I Offered by Senator Berman. J PRESIDING OFFECER : (SENATOR DeANGELIS) I I Senator Berman. ' 1 , ssxnToa Bsaxàx: ) Thank you, Mr. President. Ladies and Gentlemen of the Senate, I khis bill, which was sponsored by Senator Rarpiel and passed 1 l J unanimously by both Houses, is a bill khat addressed the proeedure I ' that ke have been involved in for ihe past almost two years, I dealing wtth waiver requests by school dlstricts. Thls blll -- I ) this blll says, in effect, that when there have been walver ' requestS that We have disallowed - that the Legëslature has I I disallowed - that once we have set that preeedence of dlsallowing ) certain categories of walver requests, that We don't have to act I agatn on the same type of waiver request; that the State Board can I follow our prior acbion and disapprove those requests. NOW, Why ) I would ue do that? Well, under the system that we have, for 1 example, ln the Veto Session, wefre here for six days - six I Wor.king days. If there are dozens or hundreds or, perhaps, even J I thousands of waiver requests, we could easily get bcgged down. And I 6 1 STATE OF ILLINOIS : 89TH GENERAL ASSEMBLY REGPLAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 ' as you are well aware' if We don't affirmatively act to disapprove a waiver, the waiver becomes law. We have literally been holding on to the cliff -- edge of the cltff for a couple of Sessions because ofdifferencesofopinion,because of:sometimes:disputes 1 between the -- the Leadership in the House and the Leadership in 1 1 the Senate, as to what -- which waiver requests We want to let go through and which ones we want to disapprove. What the Governor I has done to, I think: improve the bill was to say that even if we I have set a precedent of disallowing certain eategorëes of Waiver I requests, we, the Legislature, can chanqe that at any time by f I passing a affirmative resolution. The purpose of the bill and the I ! amendatory veto makes the system much more workable. We are not ) put under the kind of pressures that certainly could have come up I before usr where we would allow things to go through and waivers I I to take effect because of our lack of time, our dtfferences of I opinionr our inability to get both Houses to act at the same time. j For example, as you recall, the first series of waiver requests I dealt with, I think it wasz two school districts that wanted to 1 I reinstate capital punishment. Now, if there are other school distriets that want to reinstate capital punishment, why should we I have to Worry about reincorporating a -- a refusal resolution, ; passing it out of the Senate,passing it out of the House? Welve j taken a position. We don't think that capltal punishment should be the subject of a waiver and it shouldn't be reinstated. Corporal punlshment. I'm sorry. Not capital punishmene; corporal p punishment. Now -- that's righE. Capl*al punishment maybe, but not corparal punishment. The same -- the same has existed With 1 other requeses. For example, jeopardizlng the safety ofour ) ehildren; where they Want to Waive the requirements of sprinkler sysbems. These are two examples of bills -- waiver requests that . we have turned down. We ought not to have to go through the technical process of turning them dcwn every time anoeher school I 7 STATE OP ILLINOIS 89TH GEKERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 f district - nine hundred plus school districts - want to eonsider I it. Ik Quiht tO be nO. I mOVe that We accept the Governorfs I amendatory Vebo. If We Want to Change our mind, the amendatory I veto allows us to do it. But it will work better by the passage ( ! of this bill. I PRESIDING OFFICER: (SENATOR DeANGELIS) ! I Senator Karpiel. SENATOR KARPIEL: ! Well, thank you, Mr. President. As the chief sponsor of this legislation, I am askin: for a No vote on this motion. And the reason is because when I spqnsored the legislakion last spring, and even uhen I talked to the Governor's Office this sunmer about the amendatory vetoz I thou:ht it probably sounded okay. But on rethinking, I think, perhaps, the bill kasn't such a great idea and, certainly, the amendatory veto isn't such a good idea, fcr these reasons: Pirst of all, the waiver process has worked very uell so farr but we are still in the -- in the beginning years of I this process. This year we only have khirty-five waiver 4 applications to consider in the Legislature. If We, in facty do I ! pue vthis bill into place, first of all, I am -- I am questionable about the constituttonality of letting the State Board of Education automatically grant mandatory -- mandates, grant them l waivers. And I'm also eoncerned about the recision process in this bill. If, in fact, we grant out -- grant a waiver for a partlcular mandate and there are interese groups thae don 'e like I the -- like that fact and are afraid that they will khen become ' 1 automatic, it will be very easy to be putting in these resolutëons 1 against this particular mandate waiver. And J dondt knovw it just I seems like it's going to increase al1 the arguments about them and ! -- and -- and increase the -- the workload and -- and put ' ! districts at rlsk, or at -- so that they don't know Whether or not . I that they're going to be -- have this kaiver in the future. I 1 8 1 I STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 just think it's a bad idea. We ought to just forget the whole thing, go baek to the way the waiver blll was uritten originally I and leave it at that, at least for now. And T ask for a No vote. I I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Klemm . ! I SENATOR RLEMM: 1 Thank ycu, Mr. President and Ladies and Gentlemen of the ' ! Senate. Would the sponsor yield fcr question? I PRESIDING OFFICER: (SENATOR DeANGELIS) ' Sponsor says he will. SENATOR XLEMM : . Senator Berman: I -- I received a copy of your letter today that you sent to all the -- the memo that you sent to a11 the legislators. And one part concerned mez and I thcught perhaps you could resolve it, perhaps, lf you could. And in your third paragraph, you said, ''It gives the State Board of Education authority to grant or deny waivers based on previous actlons by ' the General Assembly on similar waivers.'' And then you go on to say: and then it ''binds a1l districts in the State to that policy'' = in your third, fourth paragraph. What concerns me is that perhaps many of the Ychools are asklng for a waiver for certain ccndttfons that may be unique in their legislatlve distrlctz or -- or in their -- in their case, their educational district that they ! serve, that does not need to be mandated as such as law all over ! the State of Illinois. When I talked to some of my school people, I I there Were some who had problems wikh asbestos, some people had I problems with somethëng else because they didn't have qualifled I I peopler they asked for a waiverr they gave the State Board of I Educatton alternattves, the State said okay, the General Assembly j grants 1t, but it's only for those particular eases. Now, I'm l I concerned then when you go on in that by stating it binds al1 I districts to -- to -- in the State to that policy, and I think I 9 I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20: 1996 that goes too far. Maybe you could respond to that inquiry. l I PRESIDING OFFICER: (SENATOR DeANGELIS) j I Senator Berman. SENATOR BERMAN) 1 I Thank you. Senator Rlemn, your question is an excellent one I and that's exactly what the Governor's amendatory veto addresses. I ! For example, if -- if we have prohlbited relaxation oc asbestos I requirements, but one ot your school districts has a situation ' I where the waiver should be granted - okay? - what they Would do is I make a waiver requestr and at the same time: you would introduce a I I resolution to allow that Waiver to ao throuah. It's the same thing that we do now, but it would be in reverse. Instead of you introducin: a negative resolution, you would introduce a posltlve one, explain it: .and if we saw fit, we could allow it. But for ' all the other school districts that wanted to waive asbestos requiremenks, and they -- they were the simllar klnd of reguirements that we've disallowed in the past, we wouldn't have . to go through all of that rigamarole and a1l of the procedures ' when it's the same kind of request that we've already said no to. I
PRESIDING OFFICER: (SENATOR DeANGELIS) senator Klemm. ' I SENATOR RLEMM: I To -- to the bill, Mr. President: Why I -- I thank you for I the explanation and -- but I think it goes a little different I direcbions I'm afraid. To -- to my way of thinking, we are not I I then allowing each one to have their lndlviduality on waivers of I mandates that partëcularly affect that school district for that I I particular time and maybe of a shore duration. And if we dc feel I we want to change it, then why don't We change the legislation and I I do it uniformly for everyone, rather than using the waiver process I of elimlnating what the General Assembly has already enacted? So I ' j I share, I think, Senator Karpiel's concerns that maybe we'd be I 10 I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Leqislative Day November 20s 1996 going too far and losing some of this conbrol. Thank you. 1
PRESIDING OFFICER: (SENATOR DeANGELIS) Any further discussion? Senator Berman, to close. (
Thank you, Mr. President. Ladles and Gentlemen of the Senate, ' I I -- I have discussed this Wlth Senator Karplelz and T made this I notion because, again, you have nine hundred and six school I districts in the State of Illinois. We have set the policy on a I certatn number of waivers that we wish not to have granted. We ! should not have to go through the teehnical process every tlme a ! I sehool districk, for exampler and to be somewhat redundant, that ! wants to reinstate corporal punishment. We've set that policy. I On the queseion that Senator Rarptel raises regarding I constitutionality, I'm very comfortable with this bill, because I we're telling the State Board of Educationz Wew the General Assembly, have said that corporal punishmenk prohibition cannot be . waived until we, the General Assemblyy ehange our mind. We will ! not -- you, State Board, cannot allow that Waiver to gc through. ' That's delegation of authority from us to the State Board. I see I no eonstitutional problem in that. It will ease up our Workload, ! so that we don't allow some outraçeous waiver request to slip by beeause of the pressure of other things, and - and - once ue have set the poliey, every sehool district in Illinois Will know that we have set the policy - the General Assembly. And that Wi11 make it more workable for every school district in the State of Illinots. I ask for an Aye vote. ! PRESIDING OFFICER: (SENATOR DeANGELIS) ! The question iB, shall the Senate accept the specific recommendations Of the Governor as to Senate Bill 1853, in the manner and form just stated by Senator Berman. Al1 those in favor ' Will vote Aye. The opposed Will vote Nay. And the vottng is now ' open. Have a1l voted who wish? Have all voted Who uish? Have ' 11 I STATE OF ILLINOIS 89TH GENERAL ASSEMPLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20y 1996 J all voted who wish? Take the record. On that question, there are 27 Ayes, 29 Naysy none voting Present. Senate Bill 1853, vith the specific reconmendations for the change having failed to get the ' required constitutional majority, is declared failed. l o.. secretaryyhavetherebeenanymotionsfiled? ACTING SECRETARY HAWKER : 1 E have a motion on file by Senator Dillard with regard eo Senate Bill 946. ' PRESIDING OFFICER: (SENATOR DPANGELIS) Madam Seeretary, the Chair requests that these motions be printed on the Calendar. So ordered. ...purpose does Senator . Maltlandseekrecognttlon? f SENATOR MAITLAND: ' - - ' Thank you very much,Mr.President. Onapointofpersonal J privilege, sir. I have a... ! PRESIDING OPFICER: (SENATOR DeANGELIS) Stateyourpoint. g SENATOR MAITLAND: ... numberofintroductionsI'dliketo make thls afternoon. j First of all, I have kith mey on the Floorr Bev Millery who's my ! Executtve issistant, kho's been here before. I'd like to introduce her. Earen Otto, uho is myBloomingtonSecretary. / Would like them to stand and be recognlzed. Then, Mr. President, I want to introduce, and I think Senator Bcmke and Senator Bowles will be making a -- an announcement as well, but I'd like to introduce Matt Sebek, who is a intern for me from Illinois ; WesleyanUniversity,w1thmethlssemester;Kim-- Kim Kuntzman, j whoisastudentatIllinolsStateUnlversity:alsoanintern;and 1 then, Mr. Dan Jones, who is in the Illtnois State Untversity MentorProgram-itisaçraduateprogram-istnterning with me f i this week, and like for him to be introduced. And then/ Mr. president,ifyouwouldrecognizeSenatorBomkeandsenatorBcwles J j i 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 116:h Legislaelve Day November 20, 1996 for a similar introduction, please. l PRESIDINGOFFICER: (SENATORDeANGELIS) p Thank you, Senator Maitland . And let's give our quests a good roundofapplause. SenatorBowles. f SENATOR BOWLES) Thank you, Mr. President. I have with me today a member of the Mentoring Program at TSU: Heather Sauber, who is a graduate I student and a history major. And they're here -- she's here boday ! to observe lawmaking in action. PRESIDING OPPICER: (SENATOR DeANGELIS) I Le* us weïcome Heather. Thank you. Senator Bomke. I I . SENATOR BOMKE: Thank you, Mr. President. I have with me Deanna Harton, who / is a politieal sctence najor and will graduate in five nonths. Is j that correct? ! l PRESIDING OFFTCER: (SENATOR DeANGELIS) . I Let us give recognition to her, too. .eepage 3 of today's Calendar is the Orders (sic) of Motion in Writing, Accept Specific I - I'm sorry - Override Specific Reconmendations for Change. j Override motions on page 3. It's at the battam of the page. I Senate àill 1440. Senator Parker. Madam Secretary, read the l ' j message -- the motion. 1 ACTING SECRETARY HAWKER : I I move that Senate Bill 1440 do pass, the specific I ! recommendations of the Governor to the contrary notwithstanding. ) Offered bg Senator Parker. I I PRESIDING OPFICER: (SENATOR DeANGELIS) ' f Senator Parker. I SENATOR PARKER: I Thank you, Mr. President, Ladies and Gentlemen of the Senate. I I want to recognize also that Senator Carroll had filed a motion I . . I to override, and so that he is with me on this motion. We can't I 13 I STATE OF ILLINOIS B9TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPT 116th Legtslative Day November 20r 1996 formally do a hyphenaeed, like we do a b111, but I wanted to recognize that. The introductlon yesterday of Sean Stephenson: the Governor of Illinois Boys State, was a gaod lead-in for my request for an overrlde to the amendatory veto. Sean was talkin: to us yesterday about the need for improved disability services to the citizens in this State. I have met With the deaf, the Illinois Alliance of (sic) (for) the Deaf and hard of hearing, which has representatives from the agencies and organizations or the deaf and hard of hearing throughout the States and Ehey have unanimously supported that they respecLfully request an overrlde of the amendatory veto and Would like to go wlth the original legislation on the Commission, Which the deaf community in this State feels will better serve their needs. Alsoy for the recordy this morning I recetved a call from the Illlnois Association of the Deafz because there was some erronecus informatëon sayinq; or implying, that they d1d not support the Conmission. They strongly support Senate Bill 1440 as it was originally intended, with the Commission, and they think that the deaf community will definitely benefit from the original Commission that Ne talked about. And I respectfully ask my colleagues to override the amendatory veto. PRE/IDING OFFICER: (SENATOR DeANGELIS) Senator Jacobs.
Thank you, Mr. Presldent, Ladies and Gentlemen of the Senate. I stand in strong support of the motion. I know that this is a bill that passed out both the Rouse and the Senate near unanimously, and the Governor, as -- as normal, wants to tell the entlre Legislature that they don't know what the hell theydre doing. And I know as far as our local chapter of -- the Blackhawk Chapter of the Illinols Association of the Deaf is in strong support of this, and urge that we support the motion by Senator Parker. 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 PRESIDING OFFICER: (SENATOR DeANGDLIS) SenatorCarroll. ( SENATOR CARROLL: Thank youz Mr. President, Ladies and Gentlemen of the Senate. As Senator Parker indicated: I had also filed such a motion and join hervery strongly in thismotionyand Would ask all of our / colleagues to pay close attention and to please support this motion ta override the Governor's veto. As has been indicated, ' there was a unanlmous vote in the Senate, a unanimous vote in the Housez for this le:islation that creates, for those who have some hearing inpairment, a special ability to go in and have, in effect, its own bureau to deal with it. As the letter that Senator Parker handed us today indicated: when the person who represented the deaf went to the Governor's Officey or was called f by the Governor to -- to discuss this issue, the Governor's Office did not even have a TTY phone #vailablez which probably violates the Americans for Disabllity (sic) (with Dlsabilities) Act. But J there was nothën: even available for that person to ccmmunicate with the Executive Branch of Governnent. This type of commlssion makes sure that those types of things do not happen again. Twenty-three other states have this type of commission. If you I look at the statistics, there are almost two mlllion people in Illinois who have some type of hearing impairment. It is truly I I worthy of having this kind of speeific input when we have just I taken and -- and merged a1l of human services together in a way in which it's very hard for anyone to know how eo get through that I maze. These are people with special needs. I thlnk it was I totally appropriate for the General Assembly to take the action it I did. I$m sorry that DORS and parts of the Governor's staff did I not hear the nessage that the General Assembly sent. And I think l I we should pass this legtslation, the veto of the Governor to the . contrary notwithstanding. 15 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSEON SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 1 PRESIDING OFFICER: (SENATOR DeANGELIS) 2 . Senator Rauschenberger. I SENATOR RAUSCHENBERGER: I Thank you, Ladies and Gentlemen of the Senate. I think it's J important for people to understand in part What the Governor1s 1 I intent was. I serve on the Human -- the Human Service I Reorganization Task Force. And one of ehe ehlngs vebre trying to I do is begin to treat al1 people ln need in the State of Illinois I in a cansistent fashlon, in a far more compassionate fashion and a I -- wefre trying to reorganize hoW we -- we deal with human 2 services in the State of Illinois, as Senator Carroll mentioned. I I One of the Executive Branch's concerns Were to begin to separate I out commlssions or special groups to deal with speclfic grcups of 1 people who need our help; begins kind of the bulkanization of I human services al1 over again. I donft think anybcdy should vote j on this bill with an understanding or a concern that the Governor I is not concerned. His -- his fear is -- or, his -- his concern in I the veto was We would be better with a direct advisory position to I ' f the new Secretary of Human Services, rather than a separate 1 commission. But I just want -- as' -- as we a11 vote on this and j support it - I think it's an inportant bill - I wanted people to . I understand what the intent of the Executive Branch wasr T thlnk, I and what the concern of the Human Servlce Task Force is: that -- I that we -- we -- we be careful that we don't begin a process where I we begin to bulkanizez again, the people of the State of Illinois l I and differentiate. The goal of the human service consolidation is I really to -- to include: rather than to begln to separate. And I 2 just -- thoughtfully consider your vote. I PRESIDING OFFICER: (SENATOR DeANGELIS) ! Senator Demuzio. I SENATOR DEMUZIO: . ' I Thank youz Mr. Presidentr Ladies and Gentlemen of the Senate. 16 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 I :uess that's where the quarrel, I think, remains. And that is, the Illinols School for the -- for the Deaf, for example, khich is in Jacksonvllle, the School for the Deaf and, actually, the one for the visually impairedr these tWo institutions that are under the Department of Rehabilitation Servicesr instead of being further put down into the bowels of the reorganizatlon of State government, ought to have the opportunity to be the opportunlty to look at ceher options that it may have, which includes being on their own or, perhaps, under the Office of Education, or some other alternative. It Would seem to me that this is a direct step in the right direction, and I wculd rise in strong support of the Senator's motion to override. PRESIDING OFFICER: (SENATOR DeANGELIS) Any further discusslon? Senator Parker, ta close. SENATOR PARHER: Thank you, Mr. Prqsident and my colleaguesy and appreciate your support. I do want to emphasize that reasonable people can have differences on how best to serve a gommunity . And the Covernor's Office, I'm certain, wants eo serve ehe deaf communiey well; however, there is a disagreement on how best to do that. And we think it's best to hear from the deaf community, and they have supporeed this Commlssion. And would appreclate your support and this vote for the override for Senate Bill 1440. PRESIDING OFFICER: (SENATOR DeANGELIS) The question 1s, shall Senate Bill 1440 pass, the speeific recommendations of the Governor to the contrary notwithstanding. Those favor Will vote Aye. The opposed Will vote Nay. And the voting ls now open. Have all voted who wlsh? Have a1l voted who wish? Have al1 voted uho wish? Take the record. On that question, there are 54 Ayes, l voting No, l voting Present. Senate Bill 1440, havin: received the required three-fifths vote, is declared passed, the veto of the Governor to the contrary STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20r 1996 notwithstandin:. Paîe 4 of the Calendar is Senate Bill 1781. I I : Senator Burzynski? Take it out of the record. v..believe that you have al1 received a copy of Supplemental Calendar No. 1, Which has been circulated. And on thatCalendarisSenate Bill946. 1 , Senator Dillard. Madam Secretary, read the motion. ACTING SECRETARY HAWKER: T move thae Senate Bill 946 do pass, the veto of the Governor f ! to the contrary notwithstandinî. Offered by Senator Dillard. PRESIDING OPFTCER: (SENATOR DeANGELTS) J I I Senator Dillard. ' I SENATOR DILLARD: I Thank you, Mr. Prestdentz Ladies and Gentlemen of the Senate. I : I move to override the Governor's -- actually, it's a veto, I believe, Madam Secretary, of Senate Bill 946. Senate Bill 946 I . sets up a Way for the State of Illinoisw through the State Board / . of Education, to reimburse local school districts for educatlonal field trips. And over the course of fourteen or fifteen months, the House of Representatives and us Worked on a very narrowly 1 defined definition of education for these types of field trips. I Unbeknownst, apparentlyr to the Gcvernor and his staff, they did not realize thaty over the last few months, the State Board of l : Education, throuqh the Superintendentts bulletln, have allowed I ' reimbursement for these kinds of field trlps. And our bill, j actually, more narrowly defines what educational field trlps are: 1 , as opposed to what the current recommendabions are, or regulations I I arey for the State Board of Educatlon. And because the Governor f ! didn 1t realize that these trips were already being allowed to be ! relmbursed by the State of Illinois, his veto is lnaccurate. And ! for that reason, I move to override him. I believe we need to I reimburse educationally related field trips if it's very narrowly ! drawn. And the Governor, unfortunately, didn't realtze that we I ( 18 I j ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislatlve Day November 20, 1996 were already dolng thlsz and h1s Message is inaccurate.
PRESIDING OFFICER: (SENATOR DeANGDLIS) Senator Cullerton.
Yes. Thank you, Mr. Prestdent. Senator Dillard, I'm just curious. T've been here elghteen years. I've never had the benefit of having a Governor from ny own Party. So I'm wondering how it Works when -- when you have a Governor from your own Party and he vetoes one of your bills. Does he as yau said you indicated he made a nlstake and he didn't understand something. And now does he understand it and does he suppcrt your motion here to override the veto, or do we have a letter to that effect from him, or -- or is he still opposed -- is he still in the -- in the the dark, as to the true facts?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dillard .
.. . I've only spoken to hls staffr who obviouslg never like anyone to override a veto of the Governor. So I assume the offlcial Second Floor positicn is they're oppcsed to my motlon. But I believe it's -- it's a korthy one. It's good for the -- tbe education of our children, and we should move forward on this. PRESIDING OFFICER; (SENATOR DeANGELIS) Senator Cullerton.
ïes. fenator Dillard, I understand that this b1ll, khen was voted on in the House, had perhaps more opposttion -- well, passed unanimously here and it passed 66 to 50 in the House. And I guess part of the concern was that slnce -- lt was designed to help fund field trips, that it kould: perhapsr benefit suburban interests rather than Clty or -- or downstate rural interests. Now, ny first reaction Would be that those field trips, many of 19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20# 1996 I 1 them, are to come into the ctty of Chicago. But I Wondered if ycu could address that issue, since we are votlng on final passaqe of the bill.
PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Dillard, uould you give h1m the true facts?
ehe true facts are, this blll beneflts everyone, and it espeeially beneflts khat I Would categorize as the poorer school districts. Quite frankly, the -- the richer school districts, wherever they may be - and I donlt know where those school districts are - probably take educational field trlps whether there 's funding or not. They have the ability tc absorb these field trip costs locally. So I would thtnk that thls bill Would help ehe -- the school distrlcts that are somehow on the lower end of the equity scale. It's no* regionalized at all. I know that downstate students take field trips to Dicksop Mounds and places like that. And ycu are right: 0ne of the bi: beneficiaries of this would be the museums of the City of Chlcago - the Museum of Science and Industry, the Field Museumz places like that.
PRESIDING OFPICER: (SENATOR DeANGELIS) senator cuflerton. SENAQORCULLERTON: j Yes. Well, I then would indicate my support for the billr and I would indicate, for thcse Members of the General Assembly from the City, that I received letters from the Neuberry Library, from J the Terra Museum of American Art, indicatin: that they supported the billbecause they recognizethatthere arepeople that--from J the suburbs and downstate that come into the City. In fact, if you'll look at the museums around the museum -- the new museum l ' campus - the Shedd Aquariun, the Aquarium: the Field Museum - more people go there from the suburbs and downstate than do from the ' CitycfChlcago. It'sactually,I thinkyonlyabout a third of . f I 20 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20r 1996 the visltors are from the City and the rest are from either out -- I the suburbs or from out of State. So I -- I support this bill, I and I think it's somethin: we should keep in mind when we go on to I 1 other lssues that deal with the City as -- and the State as a I whcle. Thank you. I PRESIDING OFFICER: (SENATOR DeANGELIS) I I Senator Collins. I SENATOR COLLINS: Yes. Senator Dtllard: questiony please. I PRESIDING OFFICER: (SENATOR DeANGELIS) ' I senator said he... I SENATOR COLLINS: I When you say that the -- that the bill is more narrowly ' I defined, than what is common practice alreadyy without the law? PRESIDING OFFICER: (SENATOR DeANGELIS) ! senator Dtllard. I ' SENATOR DILLARD: I I That is correct. Up until a few months ago, Senator Collins, I the State really didn't reimburse field trlps. Over the last few 1 months, the State Board of Education has satd, ''Yes, we will I reimburse for these kinds of trips.'' And actualfy, my bill more ' 1 narrowly defines what an educational field trlp is and makes it very clear that it has to have an educational purpcse. It can 't I be for recreation and thlngs of that nature. So, rtght now, my I b2l1 eould narrov what the State Board of Education is reimbursing . l I today local school dlstricts for field trips for. I PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Collins. I SENATOR COLLINS: I support -- I -- I support the bill. I did support the bill because I didn't think that the school (stcl (State) Board was reimbursing the districts for educattonal field trips, as you 21 . STATE OF ILLINOIS 89TH GENERAL ASSEMBLV RSGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 said. However, if they are now, have you done a -- how, and could I you give us some instances of your blll being more narrowly I 1 defined than what is permissible currentlyr nowp under the Board's I reimbursement that they determine to be educational? Because, I see, I don't -- wouldn't want to restrict. Given that the Board I I has made a policy to fund educational field trlps, I wouldn't Want I this bill to place any limitations on it, and I assume that's Why l the Governor vetoed the bill. So could you give us an example ' here so we can know exactly what we're doing?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dillard. ' SENATOR DILLARD: . One of the things that a number of usr lncluding Members of . the Hause of Representatives, Wanted to see was HWhat is an ' 1 educational field tripn, and it means a one-day field trip. So ! we're not talking about relmbursing trlps to Washington, D .C., or somewhere out of the State of Illinois. We also limited this to J travel within the State of Illinoisy,and narrokly defined what is ' I educationally related. And T think one of the fears, Senator 1 Collins, is that somebody Would put in reimbursement to literally ! go to a soccer game or scme type of reereational event: and we ' I wanted to make sure that it was related, really, to the core I nucleus of the kinds of eore subjects - reading, vritingz I arithmetic and sctence - that is taught in the public schools. I I So, you know, I don't know what the State Board of Education's reimbursing for. But we wanted to make sure, in the General I Assembly, thak it was educatlonal and not recreational. I 1 PRESIDING OFFTCER: (SENATOR DeANGELIS) I Senator Collins.
Well -- wellr thank you. That was the answer to my question, ! because you didnft know what they were relmburslnç for. I -- I 22 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 116th Legislattve Day Navember 20r 1996 l think it Would have been very helpful, though, had you been able to tell us what they were reimbursing for. Howeverz I'm goin: to go on and support your bill, and it may be something that we may want to revisit. Ycu said -- not so fast, Senator Berman said. But I -- you know, I have some prcblems kith itz and -- and maybe Senator Berman will shed some light on my problem. PRESIDING OFFICER: (SENATOR DeANGELTS) Senator Berman, the beacon. ' SENATOR BERMAN: Thank youy Mr. President. I stand in oppositiontothe f motion. Qet me tell you why. First of all: I find myself in an . ineeres*ing position today. This is the second time I've stood up in -- in defense of the Governor. Did you hear that, Governor? Second time thës morning. 1111 be down to talk to you ln a litele while. I want to quote from the Governor's veto message. Quote: ''Unfortunately, Senate Bill 946 will ltkely cause further inequitles in our current education funding system.' This bill ' will have the impact of reducing the overall dollars available to school districts for reqular transportation. Therefore, those distriets choostng tc send their studentsonfield trips will ( receive p/oportionately more transportation funds. I recently signed leglslationf',says theGovernor, ffdlreeting the StateBoard ( of Education to recammend an overhaul of the categorical fundlng systemforeducation. This issue of funding for field trip / Eransporeation shculd be considered in a complete restructuring of the transportation fundin: program'', unquote. That's the Governor's reason for bhe veto. 1 think that What he has said there is correct. And more importantly - more importantly - when we al1 voted - strlke that - when the current budget Was passed out of the General Assembly: the transportatlon llne ltem in the education budget did not - did nct - increase in order to ' accommodate field trips. For1996-97ke.appropriated- and I,ve ( i 23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSJON SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 l been told; I'm not sure - even less dollars in the transportation I line than the prevlous year. It was not increased. So what I you're dolng, regardless of how merltorious fleld trips are, is I ! you're taklng money away from already underfunded school districts ! thak have to provide regular transportation to get thetr regular : kids to regular classes on a daily basls. If we vant to do thls - and I have no problen with the concept, but let's be honest - if we're going to do this, we ought to do it in the spring, after we reevaluate education funding, eategorëcal funding, and inerease - increase - the transportation line itemz so you're not taking from one poor child and qiving tt for a field trip . That's what we bre doing if we 'rew in factz voting Xes on this Rotion to override today. It ought to be defeated and looked at in the sprlng . I urge a No vote.
PRESIDING OFFICER: (SENATOR DeANGELIS) Any further discussion? Senator Dillard, to close.
Thank your Mr. Presldent, Ladies and Genelemen of the Senate. T don't disagree with either Senator Berman or the Governorfs I analysis of this.. Bu* wha: is not ciearw T believe: to the l Governor andz perhaps, Senator Berman ls that over the last few ! months the State Board of Edueatlon has sald field trtps are ! I reimbursable. All ny bill does is narrowly define - more narrowly ! definez Senator collins - what are educational field trips. And I l if Senator Berman - and he is correct that some of these monies may come out of the transportation line - the cakegortcal I transporeation line - more kill come out Without my bill. So 1 l I believe this bill saves money; it's narrowly defined, and is -- is ? the rigbt thing tc do. ! I PRESIDING OFFICER: (SENATOR DeANGELIS) I The question 1s, shall Senate Bill 946, the veto of the / Governor to the contrary notwithstanding, pass. Those in favory I I 24 f STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 116th Legislative Day November 20, 1996 vote Aye. Those opposed Will vote Nay. The votlnt is now open. I Have a1l voted who wish? Have all voted who Wish? Have a1l voted I I who wish? Take the record. On that question, there are 34 Ayes, 22 Nays, none vobing Present. The motion fails. Committee ! ! Reports. ! ACTING SECRETARY HAWKER: ! I Senator Weavery chalrman of the commlttee on Rules, reports that the followin: Legtslative Measures have been asslgned: Referred to Education Committee - Senate Jotnt Resolutions ll3 and 114, and House Joint Resolution 75; referred to Executive Conmlttee - House Joint Resolutiqn 100) referred to Judictary Committee - Conference fommittee Report Nc. l to Senate Bill 16849 referred to Revenue Committee - Senate Amendments 2 and 3 to House Bill 27027 and Be Approved for Consideration - House Bill 2702. Filed by Senator Weaver; Chairman of Commlttee on Rules.
PRESIDING OFFICER: (SENATOR DeANGELIS) Introduction of Bills.
Senate Bil1 1958 (sic), offered by Senators Carroll and Bowles. Excuse me. ' !
PRESIDING OFPICER: (SENATOR DeANGELIj) .w . khat purpose does Senator Cronin seek recognition? ' ;
FOr #urpOSeS Of an announcement. , PRESIDING OFFICER: (SENATOR DeANGELIS) ! State your announcement. I SSKAPOR CROKIN: 1 I The Senate Education Committee shall convene at l pma. todaye I in A-l. Thank you. ! I PRESIDING OFFICER: (SENATOR DeANGELIS) ! . Resolutions. ! ACTING SECRETARY HAWKER: ' 25 ! I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT 116th Legislative Day November 20, 1996 I J That last bill should have been Senate Joint Resolutlon: Constitutional Amendment, lL5, offered by Senators Carroll and Bowles. , PRESIDING OFFICER: (SENATOR DeANGELIS) I f For what purpose does Senator Peterson seek recognttion? I
i l For the purposes of an announcement, Mr. President. The I I Revenue Committee Wi1l meet at 1 p.m.# in Room 212, to consider I I Senate Amendments 2 and 3 to House Bill 2702. I PRESIDING OFFICER: (SENATOR DeANGELTS) l ! Messages from the House. Messages from the Governor. I ! ACTINC SECRETARY HAWKER: I Message fcr the Governor by Deno Perdiouz Director of ' Leglslative Affairs. I Mr. President - The Governor dlrects me eo 1ay before the I Senate the following Message: . 1 I To the Honorable Members of the Senatey 89th General I I Assembly - I have nominated and appolnted the followin: named , I persons to the offices enumerated below and respectfully ask I f concurrence in and conftrmatton of these appointments of your . I ' I Honorable Body. . . / PRESIDING OFFICER: (SENATOR DeANGELIS) I I Ts there any further business to come before the Senate? If ? not# the Senate moves... Senator Peterscn. I SENATOR PETERSON: ) Thank you, Mr. Presîdent. Because of a conflict wikh another committee, the Revenue Committee Will meet at 2 o'eloek. The ) I Revenue Committee will meet at 2 o'clock, instead of 1 o'clock. Thank you. Room 212. J I
PRESIDING OPFICER: (SENATOR DeANGELIS) Any further business to come before the Senate? If not, Senator Butler mcves that the Senate stand adjourned unkil 10 a.m. 1 1 ( 26 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCkIPT 116th Legislative Day November 20, 1996 I I on Thursday: November 21st. I I I I I I I I I I 1 I I 1 I I I I I I ' j I I I I I I I I I I I I 27 HEPORT: TIFLDAY STàTE OF ILLINQIS 96/12/03 PAGE: 001 89TB GENERAL àSSEMBLT 13:47:27 SEMATE DAILY TRANSCRIPTION OF DEBATE INDEX NOVEHBER 20, 1996 58-0916 7ETO ACTION PAGE 18 ) SB-0946 MOTIOV FILBD PâGE 12 ::-1:25 VETO ACTION PàGE k SB-1ky0 7ET0 âCTIO: PAGE 13 58-1853 7ET0 ACTION PAGE 6 5R-0258 àDOPTED PAGE 3 5R-0258 RESOLOTJO:OFFERED PAGE 3 f sJR-0115RESOLMTIONOFFERED PAGE 26 j SDBJECT HàTTER SENATETOORDER-PRESIDENTPHILIP PAGE 1 j PRAYER-SEMâTOR RDELINE J2Y GEO-KARIS PAGE 1 I PLKDGE 0F ALLEGIANCE PAGE 1 JOURNAL-POSTPONED PAGE 1 I SEMATE SIANDS AT EASE PAGD 2 SEMATE RECONVENES PAGE 3 1 HESSAGKS FROM THE HOJSE PAGE 3 J COMMITTEP REPORT: PAGE 25 I XESSAGE FHOH THE GOVERMOR PAGE 26 I ADJOURNHENT PAGE 27 I I f ' j I I I I I 1 I l i I I I ) I I 1 I f 1 . 1 . I I I I I . / 1