PRESIDTNG OFFICER: (SENATOR WEAVER) q..objection, the Senate accedes to the request of the House for a conference committee on those bills just read by the Secretary: Senate Bill 100, Senate B1ll 326. Is leave granted? Leave is granted.
PRESIDTNG OFFTCER: (SENATOR DONAHUE) Resolutions.
Senate Resolution 279, offered by Senator Shaw and all Membersz as is Senate Resolution 280. Theydre both death resolutlons, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) Consent Calendar. Resolutions.
2 STATE OF TLLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRTPT 122nd Legislative Day January 7, 1997 Senate Resolution 281: offered by Senator Weaver. (Secretary reads SR No. 281)
PRESIDING OFFJCER: (SENATOR DONAHUE) Senator Weaver.
Thank youy Madam President. I'd move for the suspension of the rules for the immedtate constderation and adoption of Senate Resolution No . 281.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver moves to puspend the rules for the immediate consideration and adoption of Senate Resolution 281. Those in favor, say Aye. Opposed, Nay. The Ayes have itr and the rules are suspended. Senator Weaver.
Thank your Madan President. This resolution does just as it states: and I would move adoption.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Weaver has moved to for the adoption of Senate Resolution 281. Thase in fivory say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Committee Reports. SE/RETARy HARRY: Senator Weaver, Chair of the Commlttee on Rulesr reports the followins Legislatlve Measures have been assigned: Refer to the Comnittee on Education Senate Amendments 6 and 7 to House Bill 207; to the Conmittee on Executtve - Conference Committee Report l to Senate Bill 3267 to the Commlttee on Judiciary - Motion to Concur with House Amendments l and 6 to Senate Bill 5227 and refer to the Transportation Committee - Conference Conmlttee Report l to Senate Bill 350, Motion to Concur with House Amendments l and 4 to Senate Bill 157, and Conference Committee Report l to House B1ll 2702. Correction to the Report just read, Madam Secretary (stc). STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 The Conference Committee Report No. to House Bill 2702 Was Approved for Consideration by the Rules Committee.
PRESIDING OFFICER: (SENATOR DONASUE) ... Geo-Kariss for what purpose do you rise?
Ifd like -- on a point of personal privilege.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
Madan President and Ladies and Gentlemen of the Senate, We have visiting us today the Mayor of Pox Lakes Kenny Hamsher; and the Trustee, Alberta Meyerr from Pox Lake; and the Village Clerky Sue McNally, from Fox Lake. They're sitting the President's Gallery, and I want us a1l to welcome them here.
PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and. be reeognized? Welcome to the Senate. ...Geo-Kar1s# for What purpose do you rise?
On a polnt of personal privilege .
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
Madam President and Ladies and Gentlemen of the Senate, delighted to have with us today the President of the Lake County Federation of Teachersy who happens to be my constituentr Mike McGue M-C-G-U-E. And he's sittlng ln the Presidentts Gallery up *here. We'd like to have you welcome hiR here.
PRESIDING OFFICER: (SENATOR DONAHUE) Will you please rise and be recognized by the Illinois Senate? Nelcome to Sprinvfield. Senator Karpkel, for what purpose do you rise?
4 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Thank -- thank you, Madam President. I'd rise to announce a hearing of the Executive Committeey a meetlng of the Executive Committee, at o'clock today, in Room 212. Executive Committee meeting , 212, l o'clock today.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Peterson, for what purpose do you rise?
Thank you, Madam Presldent. Por purposes of an announcement.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
The Revenue Commlttee will meet at noon in Rocm 2l2 to consider Amendments 9 and 10 to Senabe Bill 729.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Fawell, for What purpose do you seek recognition?
For the purpose of an announcement. The Transportation Committee Will neet at 12:30 in Room 400. 12:30, in Room 400.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Hawkinson: for what pvrpose do -- do you rise?
Thank -- thank you, Madam President. For purposes of an announcenent.
PRESIDING OFFICER: (SENATOR DONAHUE) Please state your point.
The Senate Judieiary Committee will meet at l o'clock in Room 409. That's at l o'clock, in Room 400.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin, far vhat purpose do you rise?
For an anncuncement. 5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ! I PRESIDING OFFICER: (SENATOR DONAHUE) j Please state your point.
The Senate Education Committee shall meet at 12:30 p.m. in Room A-1 eo consider Amendments 6 and 7, House Bill 207. Thank ) you. 1 PRESIDING OFFICCR: (SENATOR DONAHUE) l I Would you say that one Rore time, Senator Cronin? J SENATOR CRONIN: j The Senate . Education Committee shall meet in A-1 at 12:30 p.m. I t i o consider Amendments 6 and 7 to House Bill 207. Thank you. j PRESIDING OFFICER: (SENATOR DONAHPE) d ! I Senator Ralca, for what purpose do you rise? j
A Point of personal privilege. I i PRESIDING OFFICER: (SENATOR DONAHUE) I i 1 Please state your point. r SENATOR RAICA: ! I The Public 'Health Committee is poised and ready to convene 1 Whenever we have a matter kh#t's ready to be discussed. So, r 1 Whenever. PRESIDING OFFICER: (SENATOR DONAHUE) I All right. That's Senate Exee at 1 o'clock in Room 212, 1 I I Senate Transportation at 12:30 in Room 400, Senate Judiciary at 1 I 1 o'clock in Room 400, Senate Revenue at noon in Room 212, and I I Senate Education at noon at -- in A-l. Stand corrected: Educatton is in Room A-l at 12:30. Senakcr Jacobs, for What 1 purpcse do you rise? 1 .
Point of personal privile:e.
PRESIDING OFFICER: (SENATOR DONAHUE) . 1 Please state your polnt. i 6 7 1 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997
just want to inform the other side of the aisle, and just to make them aware, that on the bills that they will be hearing today, there Will be six fee and tax increases. Sor be a little bit aware of what you're voting on out there before you bring it back to us.
PRESIDING OFFICER: (SEHATOR DeANGELIS) What purpose does Senator Maitland seek recognition?
Thank you very much, Mr. Presidenty Members of the Senate. On a on a point of personal prtvilege, sir. PRESIDING oF#IcER: (gENATOR DeANGELIS) state your point, sir.
Mr. President, seated, I think, in perhaps your seat, is a very -- is a very ypecial person to the Presiding Officer. It is the daughter -- I'm sorry, the wife - just looks like the daughter the wife of -- of Senator DeAngells, Meredith DeAnqells. Would she stand, please, and be recognized by the Body? Meredith.
PRESIDING OFFICER: (SENATOR DeANGELIS) Welcome. She's here today to make sure that I leave. Will a11 Members please return eo the Floor? Will all Members please return to the Floor? On page 2 of today's Calendar is House Bills 3rd Reading. House Bill 995. Senator Croninr do you wish this bill returned to 2nd Reading for purposes of an amendment? Senator Cronin seeks leave of the Body to return House Bill 995 to the Order of 2nd Reading for the purpose of an amendment. On the Order of... Is leave granted? Leave is granted. On the Order of 2nd Reading is House Bill 995. Secretaryy are there any Floor amendments approved for consideration?
Amendment No. offered by Senator Cronin. STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENAQE TRANSCRIPT 122nd Legislative Day January 7: 1997 I PRESIDING OFFICER: (SENATOR DeANGELIS) ' . f Senator Cronin, to explain your amendment. SENATOR CRONIN: Thank you/ Mr. President. Senate Amendment No. 4 delekes a1l of the previous bill and becomes the bill. It adds an alternative certificatton process for teachers Within the City of Chicago. j The language was originally developed by the Golden Apple 1 Foundation and the Inner City Teaching Corps. The specifics of the amendment are as follows: Number oner the State Board of Education, in consultation vitb the State Teacher Certification / I Board, and in cooperation with a partnership consisting of an I accredited unlversity - and in this case it's Northwestern . 1 2 Universtty - and a not-for-profit organization supports -- that 1 ' . j supports excellence in teachingz must establish and tmplement the i alternative certëfication program. Program will be offered only within the City. of Chicago and would qualify individuals to teach only withln Chlcago schools. The program would be limlted to no J more than two hundred and sixty participants in any given year. 1 1 Program 'would consist of three phases: an ineensive course of 1 study in educatlon theoryy instruction methods and practiee teaching; twor assignment to a full-time teaching position for one 1 . / sehool year;and, three, comprehenslve assessment of the person's 1 1 performance in the classroom for ehat year by school officials and 1 partnershlp participants. In order to complete phase two of the p proqram , participants nust have a provisional alternative certlficate. That certificate would be valld for one year only and has the following eligibility requirements: a bachelor's degree, successful completlon of the lntensive course, successful passageofthe certification testof basic skills.Thisprogram ls 1 part and parcel of the whcle effort that -- that ue have been embarked -- We have embarked upon these last couple of years to ' i provide unique tools to the City of Chicago, unlque and powerful 7 1 I 1 8 I k STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I ! tools to improve the schools in the City of Chlcago.And if I may 1 say soy I think the status reports that have eome in have been I I very, very positive. There has been remarkable progress in the ) last tWo years. And this is a tool. The City of Chicago and the I 1 School Board may or may not elect to use these tools that are I I given to them. And my colleagues from the other side of the aisle ? I will probably point out in a moment that the -- the head of the I schools in Chicago, Paul Vallasr and the Gclden Apple Foundation I i are not supportin: this bill, and I -- I regret that development. I 1 I khink that these are very good people who have been very ! I effective in ehan:ing the schools in Chicago. Nonetheless, to ! this legislator and to the Majorityr I urge -- of this Bodyy this . ! ! is an important piece of leglslation and it is a tool that they 1 may or may not elect to use. I ask for your favorable cons ideratlon. ! I PRESIDING QFFICER: (SENATOR DeANGELIS) 1 1 Senaeor Berman. f I SENATOR BERMAN: i . Thank you -- thank your Mr. President. Ladëes and Gentlemen I ! cf ehe Senate, I rlse in opposition to House Bill 995. This bill I was .Dresented to the Educabion Comnittee about a nonth aao when 1 '- '' # 1 one of the officers of the Golden Apple Foundation came before our I I committee and explained the purposes of this bill. I raised a I I number of questions at *he time of that hearlng, but my ! questioning was prefaced by the statement that I had great respect l f for the Golden Apple Foundation. And I think that statement I applies to every Member on the Floor of this Body, that we have 1 great respect for the Go1den Apple Foundation. They have raised l I substantial funds and made substantial commitment on behalf of I I improving the education of our children. Following that hearing, ! where the bill was more or less moved out of committee but there was a reeognition that some of the points that were raised in the : I 9 f I STA%E OF ILLINOIS 89TH GENERAL ASSEMDLY REGULAR SESSION SENATE TRANSCRIPT 122nd Levislative Day January 7, 1997 questioning in that committee made sense and ought to be explored I and pursued, what we found followin: that committee meeting was 1 I the Golden Apple Poundatlon decided that this kas not a good idea. I I And I'm holding in my hand their statemente their press release, I which Was issued folloking that hearing, in which they've said I forget ik, this is not vhat we want to do, Ne're dropping Lhis I idea. Number two, the Chief Executive Officerz Paul Vallas, of the Chicago Board of Education originally liked this idea because it bfOCMh6*@* i
PRESIDING OFFICER: (SENATOR DeANGELIS) ' ' j For what purpose does the Senator cronin arise? I f SENATOR CRONIN: . 1 ! Excuse me. For technical reasons, I'm going to ask that this 1 ! bill be taken out of the record. f PRESIDING OFFICER: (SENATOR DeANGELIS) 1 I Take it out of the record . For Nhat purpose does Senator ! I Dillard seek recognlelon? l I SENATOR DILLARD: I ' Purposes of an announcement, Mr. President. Down here in the 1 I well of the Gallery is a -- a cake for my office mate: Senator ' f j Dave Barkhausen, and it -- iE's multi-flavored. And I just invite I I the Members to come down and share a little going-away eelebration I ) for Dave Barkhausenr my offtce mate; yourself, Mr. President; and I I Senator haica, as well. I I P. RZSIDING OFFICER: (SENATOR DeANGELIS) / Thank you. For what purpose does Senator Demuzio seek I I reeoqnitton? 1 I SENATOR DEXUZJO: j ! Mr. President, an inquiry of the Chair. Still remember what I I that means, don,t you? Could you, for the edification of the ! Members, tell us what order of business that ke are -- are onz or / . I have they told you and you've forgotten, or, I mean, Whatds... I I 10 I STATE OF ILLIHOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 PRESIDING OFFICER: (SENATOR DeANGELIS) We are at ease. And would you apologize to my Wife for... Senator Demuzio. SENATOR DEMUZIO: I'm sure this goes on at home, too, so... PRESIDING OFPICER: (SENATOR DeANGELIS) On Supplemental Calendar No. l is Son-conczrrence, House Bill. House Bill 444. .Senator Philip. Mr. Secretaryw read the bill. Senator Philip . SENATOR PHILIP: Thank you, Mr. President and Ladles and Gentlemen of the Senate. I move thatz House Bill 444, we refuse to recede and ask for a conference eommittee to be appointed. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Philip moves to nonconcur... Senator Philip refuses to . recede from Senate Amendment No. to House Bill 445 (sic). All those in fa/ory signify by saying Aye. Opposed, say No. And the Ayes have it. The motion carries, and the Secretary shall so inform the House. Channel from Chicago asks permission to videotape. rs permission granted? Permission is granted. For what purpose does Senator Geo-Raris seek recognition? SENATOR GEO-KARIS: On a point of personal privile:ew sir. PRESIDING OFFICER: (SENATOR DeANGELIS) State -- state your potnt, Senator. SENATOR GEO-KARIS: Mr. President and Ladles and Gentlemen of the Senate, it's my prtvilege to introduce the sitting Supreme Court Justice who services Ry district, from Kane County, the Honorable John Niekels. PRESIDING OPFICER: (SENATOR DeANGELIS) Weleome to the Senator (sic). Welcome. Committee Reports. k STATE OF ILLINOIS 89C5 GZNERAL ASSEMBLF REGULAR SESSION SENATE TRANSCRIPT 122nd Eeiislative Day January 7. 1997 ' I SECRETARY HARRYI I Senator Weaverp Chair of the Committee on Rulesz reports the 1 I folloWing Legislative Measures have been assigned: Referred to l 1 the Committee on Executive - Conference Committee Report 1 to i . i Senate Bill 1696 and Senate Amendment 3 to House Bill 999; and Be I I Approved for Consideration - Senate Amendment 5 to House Bill 995. 1 i PRESIDING OFFICER: (SENATOR DONAHUE) f I On the Order of House Bills 3rd Reading, on paqe 2 of the -- 1 i today's Calendar, is House Bill 995. Senator Cronin, do you Wish s I this bill to be returned to the Order of 2nd Reading for the i l urposes of an amendment? Senator Cronin seeks leaMe of the Body . ' P ! to return House Bill 995 to the Order of 2nd Reading for the ! ! purposes of an amendment. Hearing no objection, leave is granted. f On the Order of 2nd Reading is House Bill 995. Mr. Secretary, are 1 ! there any Floor amendments approved for consideratiln? f ! SECRETARY HARRY: Amendment No. 5, offered by Senator Cronin. ! ! I PRESIDING OFFICER: (SENATOR DONAHUE) 1 ' Senator Cronin, to explain the amendment. ' ! SENATOR CRONIN: ! Thank you, Madam President. We spoke about this bill moments ! . I ago, and it was taken out of the record for a technieal reason: l I because it was on the Nrong order of business. We have now l 1 corrected that -- that technical problem. As you may recall, I i I shared with you some of the provisions of thls bill, and basically ! i this bill provides for an alternative cerklflcaeion proeess to be ! 1 implemented in the City of Chicago and for those schools in the ! i City of Chicago. It involves the Golden Apple Poundation, a 1 J not-for-profit private enterprise that has been devoted to the 1 1 improvement of the Chica:o public schools and has established a I ' ) wonderful track record, and the Inner Ci*y Teaching Corps, which is a very similar organization that is devoeed to the Chicago ! 12 I STATS OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 ! parochial schools. I think, if I may offer kind of a overviewr I rather than getting into many of the detaëls at the moment, this J I bill represents a commitment to improving Chicago publtc schools. ! 7 Thls bill is the -- another step in our effort here to give the ' . ! nanagement team in the City of Chieago Eools to improve the 7 schools. I an fully confident that over the objection of the ! l perennial opposition, the unions - those Who do not want change - ! this will be praised in the fourth quarter as -- as a provision that has brought energetic, committed, talented teachers into Chicago public schools to help out the children. And I kould urge your favorable consideration. Thank you. . PRESIDING OFFICER: (SENATOR DONAHUE) . Any discussion? Senator Berman.
Madam President, I raise a point of order.
PRESIDING OFPICER: (SENATOR DONAHUE) State your point.
I don't think the amendment has been distributede and lt's not 9n our computer. PRESIDING OFPICER: (SENATOR DONAHUE) ' Senator Cronin.
In response to the poine that was raised, Amendment No. 5 is i identical - identical - to Amendment No . 4. I took Amendment No. 4 out of the reeord for a technical reason, so that I uanted to I ! adhere to the rules. And so, I -- I Would ask for a little ! courtesy on the other side of the aisle. ! ! PRESIDING OFFICER: (SENATOR DONAHUE) ! J Senator Berman. I ! SENATOR BERMAN: 1 Thank youy Madam President. I would suggest that the 1 1 ; I 13 j 1 SQATE OF ILLINOIS 89T/ GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 courteous way would be to take thls out of the -- out of the 1 record, distribute Amendment No. 5 so we see what we're votin: on, ! ! and nove -- move the matter at that time. At this time, Amendment I 5 has not been distributed. , ;
PRESIDING OFFICER: (SENATOR DONAHUE) We'1l stand at ease. (SENATE STANDS AT EASE) (SENATE RECONVENES)
PRESIDING OPFICER: (SENATOR DONAHUE) . .. understanding, the amendment has been distrëbuted. Senator Berman/ you may continue. Senator Berman.
Thank ycu, Madam President. If the sponsor Would -- uould return.
PRESIDING OPFICER: (SENATOR DONAHUE) Sorry about that. I'm ahead of schedule, Senator Berman. Sënator Cronin. Senator Crontn, we are ready to proceed. Senator Berman.
Senator Cronin, if you vould' how does thls Amendment 5 differ from Amendment 4? !
PRSSJDTXG OFFICER: (SENATOR DONAHDE) Senator Cronin. ' SENATOR CRONIN) l The numeral 5 is different than numeral 4. : PRSSJDJNG OPFTCSR: (SENATOR DONAHUE) ! S ! enator Berman. ! I l 14 ! l STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 E f I SENATOR BERMAN: 1 ' I'ln -- I'IR confused. IS there any difference ân the 1 I substanee? I mean, When I say substance, T don't mean intent. Is I i there any dlfference in anything oeher than number 4 and number 5 ) . I between Amendment 4 and Amendment 5? ! I PRESIDING OFFfCCR: (SENATOR DONAHUE) ! ! senator Cronin. ! I SENATOR CRONIN: ! I There is not one substantive difference between Amendment 4 I and 5. Our rules require that when a Floor amendment is kicked ' ' ! back to Rules Committee and more than thirty days elapses, that l I amendment shall be tabled . And I -- I falled to do that, and so ! l since I have qreat respece for the rules here and our fair, open ! I process and I wanted to adhere to tt, that's why Wefve gone I 1 through this ridiculous exercise here. ! f PRESIDING OFFICER: (SENATOR DONAHUE) .! I Senator Berman. I SENATOR BERMAN: l I I admire your destre to adhere to our rules. I have no ' I ) further questions on this anendment. I . ! PRESIDING OFFICER: (SENATOR DONAHUE) I ! Further diseusston? Senator Welch. I I SENATOR WELCH : 1 I have a question of Senator Cronin. 1 ! PRESIDING OFFICER: (SENATOR DONAHUE) ! . ( Indicates hefll yield, Senator Welch. ! I SENATOR WELCH: I I Senator Cronin, I kas under the impression that the purpose of I I thls was to save schools some money, but in your amendment, it J says that a person possessing a provisional alternative 1 ! certificate shall be treated as a regularly certified teacher for I I purposes of compensation, benefitse et cetera. So -- so this 1 I 15 ! j i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 isn't going to save the schools any money by doing thts? I PRESIDING OFFICER: (SENATOR DONAHUE) I Senator Cronin.
' 1 T don 't know that it would be a fair characterization to say that the sole purpose of this amendment is to save money. I think that the -- the main purpose of this bill is to improve the quality of teaching in the schools, improve the quality of the education in the schcols, and thereby, in the lon: run, we may save noney. But that is not the nain purpose of this bill. PRESIDING OFFICER: (SENATOR DONAHUE). . E Further discussion?. Senator Collins. , . ! Senator, I could reserve my comments on the merits of thts for j i 3rd Reading, but I -- I Wanted tomakesurethatthisis-- ) l there's nothing added to this amendment that was not discussed in j the committee. It's my understanding that at -- in -- in the hearihg, that the City of Chicago Was in favor of this particular bill. But now that they have withdrawn thelr support, why are you still moving this blll -- amendment forward?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin.
Well, beeause I think -- it -- it seems apparent to me, and it's obvious to a 1ot of people, that polities has had an influence on the development of this leglslation, separate and ! l I apart from the merits and the ultimate impact it will have on the children in the Chicago schools.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Demuzio.
Thank you -- thank you: Madam President. I just had ane 16 STATE OF ILLINOIS 89TH GENERAL ASSEMBL? REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 additional question, before We debate the amendment, and Ehat is ! that the -- it's to my knowledge, the State Bcard of Education has I had a continulng task force that has been meeting about changing I l teacher certiflcation requlrements, that they/ll be submïtted to J the General Assembly in this Session. Is such subject matter that is included in tbe alternative certification progran that is before us ncw, will that be included in the task force recommendations? I
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin. SENATOR CRONIN: . ( It may be, Senator Demuzioy and lt would be my hope that they I would include it. The State Board dtd not oppose this amendment in I committee: and it is my hope that the new Board will look at issues like alternative certification favorably. I PRESIDING OFFTCER: (SENATOR DONAHUE) . Senator Demuzio. 1
I -- I just sent formy file. I --I thlnk Ihave ltherein j Springfield, and 1,11 discuss it in a few minutes when we get on I . i the merits of the amendment. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) I Further discussion? Senator Geo-Karis. '
Speaker yield for a question?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates hefll yield, Senator Geo-Karis. ; SCNATOR GEO-KARIS: ' Just briefly, because I -- I wasn lt party to the debate in the committees and what have you. Can you just tell me what your I Amendment No. 5 does, just briefly?
PRESIDING OFFICER: (SENATOR DONAHUE) l 17 f STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Senator Cronin.
Well, it sets up a process to be manaqed or administered by Golden Apple Poundation, Inner City Teaching Ccrps, Northwestern University in this casey and in partnership with -- kith the Chlcago public schools management team, if they so choose. We are enabling these entities to -- to initiate a process of -- of recruiting talented, committed young people, maybe people that aren't so young, to come and teach in the Chicaqo public schools without having to go through some of the onerous: discouraglng, mlndless practices that are now requlred. We think that -- and the purpose of .this leglslatlon is to make Chicago publlc schools a desirable place to teach so that when kids come out of -- of college: that they will look at this as a wonderful career opportunity, and that is the sole intent of this legislation.
PRESIDTNG OFFJCER: (SENATOR DONASUE) Any further discussion? Further discussion? Senator Cronin, to close.
I.ask favorable consideration. Thank you.
PRESIDING OFFICER: (SENATOR bONAHUE) 0n Amendnent No. 5 to Hause Bill 995, all those (sic) say Aye. Al1 opposed, say Nay. Ayes have lt, and the amendment is adopted. Further amendments?
No further amendments reported, Madam President.
PRESIDING OFFICER: (SENATOR DONAHUE) 3rd Reading. Now, on the Order of 3rd Reading is House Bill 995. Mr. Secretary, read the bill.
House Bill 995. (Secretary reads title of bill) 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin. SENATOR CRONIN: j Thank you, Madam President. Let me offera few remarks. J l Wedve discussed this already, but 1et me give you some of the i particulars. This proposal summariees a -- a project for the I ; Chicago public schoolsr Golden Apple Foundation, Inner City Teaching Corps, and it provides the following: In terms of a I ! program, the Golden Apple Academy portlcn of this bill, which -- the Golden Apple Academym comprised of a hundred and elght Golden ! ! Apple teachers, has developed a joint venture partnership With the Chicago public schools for purposes of implementing new methods I : for recruitment and instruction of talented men and women seeking : careers ln Chicago public schools. Tn addition to the existin: I statewide Golden Apple Scholars Programy the Institute Will ? : vigorously recruit talented mid-gareer persons and recent liberal I arts and science major college graduates Who are opting for l careers in teaching. The candidates Will be caredully screened I prtor to the selection. In the sumner of 1997, approximately two i hundred and forty (sic) candidates may be enrolled in the Institute. Those who complete the rlgorous eight-week course at i the Institute may be hired as teachers at Chicago public schools. The program's design includes a mentoring component durlng each i ! nek teacher's first year in the classrocm based on a model that hashadqreatsuccessinMilwaukee,knownasthe Haberman Model. 1 i In addition to their BA and BS degrees from accredited colleges and universëties, the candidates will receive not less than two I hundred and twenty hours of relevant instruction comprised of a hundred and twenty hours of actual classroom work with summer J I . school students in attendance and taught by Golden Apple Master 1 Teachers. In addition, the candidates will receive one hundred I 19 I STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ( hours of classroom instructional work with Masters' Teachers and unlversity faculty members. This intensive: experinental and : comprehensive program of teaching training will replace more traditional coursework, as Well as the hundred hours of q observation currently required. This program is one that, yes: ! the Golden Apple Foundation and the management team of Chicago q I public schools has backed away from; and it is my contention, and I 1 . I would submit to the Members of this Body, that ik is simply because they have felt the pressure from the Chicago Teachers, I ! k Union. And we have respect for that pressure. I understand it. We have a role here .in the Legislature, for some reason or other. J ; The Republicans are the bad guys that pass these terrible legtslation over the opposition of our colleaques from the I Democratic side of the aisle, and then the legislation is utllized d then the management team and the Democrats and everyone in 1 an i Chlcago public schools say it's the greatest thing that ever happened. So I guess wedre going to do it agaln, and We'1l be the I I bad guys over here, and you 'll take the credit in a couple -- eighteen months, maybe two years from now/ But you know what? I ! . It's good for the Chicago public schools; it's good for four j hundred and twenty 'thousand children. And so we're Wllling to take this role. Soy I ask for your favorable consideration. Thank you. PRESIDING OFFICER: (SENATOR DONAHUE) I ! Is there any discussion? Senator Berman. SENATOR BERMAN: . l I E Thank you, Madam President, Ladies and Gentlemen cf the Senate. I rise in opposition to Hause Bill 995, as amended . Lek ! me point out to you that thls bill probably would have gone nowhere if it hadn't ccme in under the sponsorship of the Golden ! Apple Foundatlon. Everyone has great respect for that Foundation. The bill zlpped out of the House; came to the Senate; was passed ! I 20 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 out, substantially on a partisan vote, out of the committee; and the reason for those favorable votes was because the Golden Apple Foundation put together a plan. Now, aside from the merits of the plan, let me make it very specific : Golden Apple Foundation today does not endorse this plan. They 've walked away from it. Whether it uas the questions that were raised in committee or any other reasons, Golden Apple has publicly stated - and T have their press release in my hand that they do not want this program passed in law. That's number one. Number two, the sponsor talked about a lengthy process of mentoring and classwork and student teaching. None of that, Ladies and Gentlemen, is in the legislation. Let me tell you What is in the legislation and khat ycu are being asked to vote Yes on. Tt says -- it says that if a person has a bachelor's degree any bachelor's degree in any subject - any bachelor's degree and they take an eight week eight-ueek summer program, they can be hired as a teacher. Now, 1qt me tell you what this does to you, and I think that the sponsor was very precise in his comments and I ask you to think about thls. This bill was structured so thatr as it noved forwardy it was not a statewide program. It became a Chicago-only progray. Why? Because your teachers in a11 the school districts outside of Chicago, when they look at this bill, are îoing to be very upset with our - with our - support of an eight-week program and any bachelor's degree, which we're saying is equivalent to what every teacher in the State has gone through With hundreds of hours of programs, hundreds of hours of student teaching. And we 'rp sayinq, HForget it. That doesn't mean anything. A11 you need is a bachelor's degree in any subject and eight Weeks in a summer program, and you ought to be a teacher.'' Every one of your teachers, in or out of Chicaga, is going to say to you, HHOW could you support that kind of a program? Look what wedve been going through. Look at the programs that we've taken. Look at the 21 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 student teaching I've done. And you're going to let some yo-yo with eight weeks of a summer program and any bachelor's degree f ! walk in and compete with me for my jobv'' Now, the IEA has taken I no position on this because it doesn't affect non-chlcago school districts. But I suggest to you, every Member of this Body, that you'll have to answer tc your teachers - not to the unions, but to your teachers - when you vote Yes on this proposal. The Board of Education, Paul Vallas, and the -- and the reform team in Chicago has said, ''This doesn't make sense.'' The Golden Apple Poundation says, ''You're right - it doesn't m4ke sense at this time.'' And your teachers are going to say, ''It's an insult to us.'' The . sponsor said: Yeah, the Republicans are the bad guys. Well, 1et me tell you, if you vote Yes, youdre the bad guys from the potnt of view of underminlng the respect and the dedication of every one of our teachers thrcughout the State of Illinois. I urge a No vote. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Collins. SENATOR COLLINS: Thank youy Madam President. I think Senator Berman spoke well to the merits of -- in the text of this billy but I want to talk about something that I've nevery in the twenty years that I've been here, aceused anyone or called any piece of legislation racist, since I've been here. This, my friendsz is a racist billy because I asked in committee: Will these teachers be allowed -- these people be allowed to teach in any area outside of the City of Chicago? I Was told by the sponsor, no. And so I Want to know ! why not. Because they are not qualtfied to teach anyplace else outside of Chicago. I asked that question: Will this ' certification qualify them to teach anyplace else in this State? i And the sponsor said, no. Well, you tell me: How do ycu call it, if not racist? The City of Chicago ls a predominantly minority 1 22 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSJON SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 school district, and youfre goin: to come in here with, just as Senator Berman said, anybody, with a bachelor's degree in anything, and they can come and take a few weeks in a classroom and they can qualify and be certified only to teach in the City of Chicago, which just happens to be one of the largest districts in the State and the largest minority dlstrict in the State of E Illinois. Now, what else can you call that? It smells of racismz and we ought not to be about doln: that. The City and the Apple i Foundation, these people have realized and listened to what those of us who satd -- who have to answer to this. And I understand that the. intentions of the sponsor - before you get up and respond ' 1 . - ehat this was probably a well-conceived idea -- I mean -- I meanr a gocd idea, but poorly concelved, and that it is not your I ' j lntent to have this to be racist. But I have to ansWer to my constituents, and that is what they believe it is, and that is the I ! perception. And in politics, it is nok what is; it is but what . people perceive it to be. And this Will not be perceived as ! noehlng else but racism, and we ought not to do lt. PRESIDING OFFICER: (SENATOR DONAHUE) ! WAND-TV Channel 17 wishes leave to film the proceedings. Is leave granted? Leave is granted. Further discussion? Senator Geo-Karis. j ! SENATOR GEO-KARIS: Madam President and Ladies and Gentlemen of the Senate, I'm ; completing eighteen years in this Senater and I deplore - absolutely deplore - the use of racism and -- when ik comes to a i bill you don't like. I thlnk itds time we grew up past that, and it's about tlme that we considered education as the quality factor l I that we must support, and support quality education. And this bill does nots in my humble opinion, do What the prior speaker ' says, and I deplore that every time we don't agree with something, . ) we're going to call it raclst. And T suppose every time I don't i l ! 23 g STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 agree with anything, I should say, it doesn't help the Greek ! people. Let's stop being ridiculous and get to the polnt at base, I and let's vote for the bill and get iE out of here. I think it's intended to help education, no matter what our prlvate feelings . ! arez and let's forget about racism. I don't like itr and I don't thlnk it has any plaee in this Assembly.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Demuzio.
Welly thank you, again, Madam Chalrman -- Madam Presldent. Let me -- 1et me just make a couple of comments, if I niçht, Senator Cronin. In January of '95, When the State Superintendent of Educatlon, Mr. Spagnolo, issued hls concept paper with respect to the Illinois Quality Schools Initiativer as a result of that, the State Board of Edueation formed a strategic agenda team to try to identify some policy issues that uere associated with teacher certification. And I don't want to bcre the Membership With the entire draft of the report that Will be coming to us in the next Session of the General Asseablyr but there are a couple of things that I would certainly like to point out. There are provisions, obviously, for programs to be encouraged to Qxperiment with innovative models adapted to regional and local needs under the National Counctl of Aecreditation of Teacher Education standardsr but one of the standards that is being talked about, that is probably going to be before the General Assembly in the next Session, is a very interesting concept and that is - and 1111 I simply leave it at this - that teacher certification institutions should also be redesigned -- should also redeslgn their programs J to include a one-year long internshipr which Would replace the i current student-teaching requirement. I think that sort of flies in the face of the -- of the comments that have been made by i Senator Berman and by others on this side of the aisle. It would E : 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 seem to me that perhaps What you are attenpting to do would be : better faced in the next Session of the General Assembly and Would be tackled by your committee when the State Board of Education E finally submits to the General Assembly its new standards. And, I ! therefore, it would seem to me that this ldea ls -- is one that i ought to be referred to the next Session: and thereforer Ir too, would stand in opposition to this proposal.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Senator Hendon.
Thank your Madam President. Will the sponsor yield for a question? .
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he dll yieldz Senator Hendon.
Senator Cronin, do you believe that a person can take a -- get a bachelor's degree in garbage removal and then take a eight-week course and teach, you know, algebra or calculus?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin. I
Of course not. :
PRESIDING OFFICER: (SENATOR DONAHUE) l Further diseussion? Senator Hendon. SENATOR HENDON: : as -- as your bill -- as I read this anendment, Wouldn't .. . Your bi11, in fact, create that pcssible seenario? ! PRESIDTNG OFFICER: (SENATOR DONAHUE) I Senator Cronin. T SENATOR CRONIN: I On the contraryz Senator Hendon. This bill changes a practlce . 1 that is currently - currently - employed in the Chicago public ! i I 25 : STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIP; 122nd Legislaeive Day January 7, 1997 I I i schools, where those who eeach algebra may have never taken any ! formal training or may have never earned any degree in math. / ! Right now, this program depends on the demonstrated goodwill, I commitment, devotion of the Golden Apple Foundation and ! Northwestern University to recruit talented people who have skills, who have demonstrated some conmand of the subject matter, to then turn around and teach that subjeet matter in the schools. Right now, Senator Hendon, what you point out' What you seem to be offended by, if I may draw a conclusion from your renark, is what is currently happening. PRESIDING OFFICER: (SENATOR DONAHUE) . Senator Hendon. . SENATOR HENDON : Well, I -- I most certainly would not support a current system that allows thatr nor can I support an amendment that allows that. As I read the amendmenty Which was -- I Wish We had twenty-four hours, at least, to actually look at this - I've said that, no naeter whose legislation ie is - but as J read 1t, a ' person can get a bachelor's degree in anything: take an eight-week course, and then teach something totally different. And I think that that -- that what you might be doinq, my friend, isy in fact, . in Chicago only, which is another -- very susplcious, cementing what you just said that you detest. My final question is: Why is this for Chicagc only? Why don't -- if this is such a wonderful i ' thing, vhy don't you have it for your school district? . ! PRESIDING OFFICER: (SENATOR DONAHUE) t Senator Cronin. 1 , SENATOR CRONIN: I Well, politics plays a role in much of what we do down here. ' I polnted out earller that I believe that politics has influenced J some of the judgment of the Golden Apple Foundation leaders and j : . the CEO of the public schools; that's why theydve backed away from I 26 I ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 their support. Polttics has an influence. We can only do so much. IWould like for thtsproqram tobe statewide, and if I / thought you Would support it statewide, or anyone on your side of i ! the alsle statewide, then I think we would quickly revlse this bill to have that type of application. But we can only do so E much, and that's Why We have targeted Chicago. Chicago is the ! beneficiary of this leglslation. I , PRESIDING OFFICER: (SENATOR DONAHUE) I Further discussion? Senator Jacobs. SENATOR JACOBS: Thank you, Madam President: Ladies and Gentlemen of the . E Senate. Would the sponsor yield for a question? . PRESIDING OFFICER: (SENATOR DONAHUE) ! Tndicates he'll yield, Senator Jacobs. SENATOR JACOBS: Senator, 1et me first say that Iy too, agree Ehat I donft think you have any racist overtones in this bill, but I do have one question, and that is: If you really feel this is good for ' the student, why have you limited it to -- to one year and make -- I ! then you make it nonrenewable? If it's really good for the . I student, and it's really working, and you've got a student -- or, i ' you've got a teacher that is doing the job, what -- why are you 1 ! not wllling to renew that eontract? PRESIDING OFFICER: (SENATUR DONAHUE) I ! senator cronin. SENATOR cRoNIN: 1 , I'm not sure I understand your question. It -- it is an i ongoing program. Once the eight-week course is completed, there is a one-year probationary period in the classroom, then the individual is given a eertificate, and they may pursue their ! livelihoode just like anyone else. . PRESIDING OFFICER: (SENATOR DONAHUE) 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 122nd Legislative Day January 7, 1997 I Senator Jacobs.
As I read the bill, it says '1A provisional alternative ' teaching certificate, valid for one year of teaching in the common l ! schools and not renewable, shall be issued under this Section...'' Now, that tells me that youdre only golng to allow this person to I do this for one year. And if it's such a good program for the students, Why would you want to do that? I
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Cronin. SENATOR CRONIN: . Senator Jacobs, you're qulke correct. That's the language that refers to the prcbationary period . If yau read a little further down in the bill, they then -- after they've completed that phase, a standard -- on line 25, page 3: d'A standard alternative teachlng certificate, valid for 4 years for teaching in the schools situated in a school districe that is located in a city..p'' - blah, blah, blah - and nay be renewed thereafter. The language is there that -- that -- that continues this on. PRESIDING OFFICER: (SENATOR DONAHUE) ' senator Jacobs . ' E .
Just so I understand it and I understand that that is the ! case, what youlre saylng, in effect, is that it's good for the 1 student; you want it in your dtstrlct, but you didn't feel that it's something that you could get passed; and What we're, in ( effect, dolng is sayinq thae we do not feel the eertification of teachers is really important in this State. Ts that correce? E PRESIDING OFFICER: (SENATOR DONAHUE) i Senakor Cronin. I
No, I don't think that's quite accurate. I think ! 28 l ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 : certification is important, but I think that We have a banal I l system right now uhere a Nobel laureate in physics is not I permitted to teach math in our elementary and secondary schools. I We have an absurd system. Now, it al1 depends on what you believe I . I makes one a good teacher, and I believe that it's a highly inexact i science, and I -- I have trust and faith in entities like Golden / l Apple Foundationz Inner City Teachinî Corpsz Northwestern University, to find capable, devoted people and get 'em into the ! ' City of Chtcago, where they are dearly needed. I PRESIDING OFFJCER: (SENATOR DONAHUE) ; Further discussion? Senatcr Jacobs. . SENATOR JACOBS: . I ! Just one more comment, I guess, more than a question, is I know that nost of us here feel that we know politics, at least to : a degree, but I'm not sure if any of us are really, truly prepared, even with a -- a short course, to go in and teach soclal l i studies. I'm not sure if that really gives us that qualification. So --manyofusthinkthatitwould,butI'm not sure. I would @ urge a No vote and call for the previous question. I PRESIDING OFFICER: (SENATOR DONAHUE) ; 1 ... six lights on at the moment, one for a second time; Further discussion? Senator Pawell. !
Thank you. 1'11 be brief. I notice on page 2, Senator Cronin, that you've got, on line l4: ''The Alternative Teacher Certification pragram course of study must include the current E content and skills contained in the universlty's currene courses for State certification which has (sicl (have) been approved by the State Board of Educatlon: in consultation Nith the State Teacher Certification Board, as.q.requirement for the (sicl State ! teacher certiflcation.'' That's the same requirement that I had when -- when I became a certifled teacherm I notice, as the bill I 29 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Leîislative Day January 7, 1997 2 qoes on: that you are also saying that eventually they have to 2 take a course of study in education theary, instructional nethods I and praetice teaching, whicb is *he same that -- that we all have 1 to take if we're teachers. ïou knowr basically, if you're Qoing I ' ' i to be a teacher, your first -- the first thing you have to do is ! I know your subject matter, and khen you have to learn how to teach ! i it. It seems to me your bill does both. I see nothing urong With ! this bill, as a -- as a former teacher, and I would urge an Aye i vote. : ! PRESIDING OFFICER: (SENATOR DONAHUE) ! Further discussion? Senator Welch. . E SENATOR WELCH; . l Thank you, Madam President. This is an interestëng bill. It's kind of like one of these real estate courses you see on TV. You know: You, too, can nake a million dollars in real estate. Well, you, too, can be a hiqh school teacher - just take this eight-week ! course. You know, a fe* years aqor when Prank Savickas kas a Senatory he had a bill like this he 'd introduce every year. And, I Senator Cronin, maybe youdll uant to do this in the future, but ' i What Frank's bill wasy he said tha: if you served seven years in ' ! the Legislature and you left here, you could :et a 1aW èegree and j practice law anywhere in the State of Illlnois because you had I dealt With legislation that often. So I think -- I think -- I f ! think that may be a future bill for next year# Senator Croninr if I you'd think about it. I PRESIDING OFFTCER: (SENATOR DONAHUE) Further discussion? Senator del Valle. I ! SENATOR dEL VALLE: / : Thank you, Madam Chair. Comment, then a question for the I : sponsor. Senator, you know, we 've, in the past - recent past - I , have attempted to -- .to be creative in order to address a number I E of areas of teacher shortaqe in the Chicago public schools. One I ! 30 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legfsiative Day January 7: 1997 of those areas is the area of early childhood educatâon. There ! have been several bills that have come to your committee, of Whlch 1 I I am a Member, allowing for bilingual teachers - certified i i bilingual teachers - to be able to go into the early childhood ed ! classroon as teachers, with the stipulation that, over a period of ! timey they Would obtain their credentials in the area of early ' i Chiidhood PYUCZViOZ. Chis 6Of YhC MQF/OSP OF dcziiz; Wibh VhC I Severe Shortage lf bilingual teachers in the early chëldhood ' : educatlon area. You have nany times rejected that. Vour commlttee Members on your side of the alsle have rejected that. I don't understand why tbat proposal gets rejected, and then we come forth with another proposal that says that you don't have to have any kind of coursework in the field of edueation, no kind of experience, but you can go in and enter any classroom in the Chicago public schools. That is beyond me. I just don't understand that rationale. But the question I have is regardin: Who will do the training. Is Northwestern still the institution that kill do the training? Northwestern, in Evanston? i
PRESIDING OFPICER: (SENATOR DONAHUE) Senator Cronin.
Northwestern is the institution that the Golden Apple ; Foundation struck up an agreement With, but, you knoW, I don't think that the legislation limits this only to Northwestern. And l Wibh Golden Apple Foundatlon's pesition on this blll, ehey may j never even pursue this tool that We -- that I propcse, or that I 1 l urge them to -- to -- to have, to take, to... So, I don lt -- you 2 know, it's not limited to Northwestern only, but -- but ! I Northkestern uas the institution that Golden Apple had come to ! I terms with and, yesr they are located in Evanston. ? PRESIDING OFPICER; (SENATOR DONAHUE) ! ! Senator del Valle. I I 31 STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I ! SENATOR dEL VALLE: 1 2 : As you know, I pointed out in committee that kherels a big cost between what Northwestern - a private, expensive, fine ! university - will charge and that of publtc universities in the City of Chicago. And that didn't make sense to me either. But last question: Does the Chicago Board of Educationr in its agreement with the Chicago Teachers' Union, can they deeide not to hire individuals whc :o through this program and have an alternative certification?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin. . E . SENATOR CRONIN: . i It -- it -- as I stated in conmittee: they're -- will be treated like -- like any other applicant. I meanr they don't have to accept these pecple, but it is my eontention that these people ( are -- are going to be desirable individuals that the -- the Chicago schools may want. But no one's foreed to do anything here. This is simply a tool. PRESIDING OFFJCER: (SENATOR DONAHUE) '' Further discussion? Senator Clayborne. ! ' !
Thank your Madam Chairman. Would the sponsor yield?
PRESIDINC OFFICER: (SENATOR DONAHUE) Indicates hefll yield? Senator Clayborne.
Senator Cronin, I -- I've listened ko you talk and youlve nentioned Words like I'recruitment''. Youlve mentioned -- you made a statement about findlng eapable people who are ffdevoted'. Andr Senator Cronin, ny mother is a schoclteacher, my father is a schooleeacher, and I live with a schoolteacher every dayy that being my wife. And I know that they did not make a determination ! to become a schoolteacher once they got their bachelor's degree; ' 32 ; i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 they made a determination to gek their -- to be a eeacher prior to qoing to college. It's something that they felt devoted to do, not beeause they may not have succeeded after they got their bachelor's in in whatever field that they desired. This Was a dedication and a determination that they decided to do When khey kent to college and before they got to college. Education has changed, and if you talk *o teachers in the inner cities of Chicago: East St. Louis and any other urban areas, they Wil1 tell you èhae -- that during the time that we went to school, that the students have ehanged; they will tell you that the pay is not adequate; they v1l1 tell you that it takes a different type of person that's devoted and dedicated to want to be a teaeher. And for you to say that we need to recruit people to want to teach our kids, for you to say that we need to have the -- the Golden Apple people to seareh out and find peopler does not answer that inner question that all -- most teachers have made thaE determination in their -- at some point in life, and that is that they want to commit themselves and their lives to provide a quality education for the children in the State of Illinois. I think what this does, this opens up, I guess, a problem that you feel that youlre trying to address, but I thlnk what thls does, this makes the teachin: profession a dumping grcund for people whofve nade a determination that they don't want to be accountants, they don't want to be lawyers, they don't want to be physicistsy or any other professton thak they didn't succeed What we 're saying here is, instead of going through the regular process or if you have a bachelor's and going and -- and takin: classes, which it may take you a year or two years to do to find out if ycu're really dedicated, what we're saying is that this will be a quiek fix; that if you don't get a job by Ray, then by August, if youtve gone through an eight-week courser then welll 1et you teach our prized possessions: our kids. I think you're opening up a door to -- to STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I -- for the floodgates for people to come in who have not committed 1 themselvesrwho don't know What it really takes to prcvide the -- l the educational nutrition -- nutrients that our kids need. And I 1 think that this is a terrible bill, and I urge a No vote. And I I urge this No vote. Senator Cronin, based upon my experience With ( I talking with my parents and talking to my Wife everyday, Who I teaehes second grade. My father taught hish school and my mother I I currently teaches speclal education in the East St. Louis School I District, and it's noL a system that people can come in and just I . teach schcol. It has to be a commitment. And fcr thaty I urge a I NO Vobe. l . 1 PRESTDING OFFICER: (SENATOR DONAHUE) . ! We have -- the previous questian had been moved. We have tWo l . 1 speakers that had spoken before. I will ask you to keep your I comments very brief. Senator Collins. I SENATOF COLLINS: I Question of the sponsor. ' I PRESIDING OFFICER: (SENATQR DONAHUE) j ' Indtcates he'll yield. ! I SENATOR COLLINS: I Senator, after -- after and before I spoke, you responded to l ' j some questions as to why this bill was not for the -- the entire I State, or just deslgnated for chicago only. You also indicated l I that you would have liked to have the btll for -- for the whole / State, including your districty but we understand the ''politics'' 1 ' 1 of things. Now, let me ask you a question. Are you saying thak 1 . the politics is of such that the people of your district, who has 1 I a very stron; lobbyist here, are opposed to this bill for their I ' districts -- T meanz for thelr area and that the City of Chicago - I I for example, the teachersl union - probably don't support *oo many I people outstde of the City of Chicago because they don't have I . / enough voice here? Is this why this bill designated to Chicago I I 34 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I and not the rest of the State? Would you please respond to the I polities of this, for the reeord? I PRESIDING OFFICER: (SENATOR DONAHUE) 4 senator cronin. I I SENATOR CRONIN: I l Look; Senator Collins, I -- we need thirty votes to pass I anykhing here, and we can get thtrty votes to help out Chicago. ' ! And if you are willtng and you can commit to supporting a statewide alternative certification process, and you can deliver ' the votes on your side of the aislr, I kill immediately take this out of .the record and come forward kith a new draft for -- for . yolzr #1easure. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins. SENATOR COLLINS: One -- one more question. Senator, ypur side of the aisle is Pushin: this bill. You are. 'rhe leaders here. You9re pushin: this bill. You 've got thirty votes over there. It only takes tlnirty, and you have more than thirty. So why, then, should you - - notwithstanding the politics, because you're not here in answer ! to ehe X litics. Once you've sWorn and taken the oath of officez : I you're here to protect the welfare and do whak is in the best ! interests of the people of the State of Illinois. Just as you had I I the vokes to take over Northerly -- the airport, take over -- stop ! Northerly Islandr to do other kinds of things that's coming down I I tbe pike on workers' comp and et cetera: youdve got the votes over f there for this. If it's good and it's rightz never mind the I i politics; put the votes on it over there and you pass it. ' g 1 PRESIDING OFFICER: (SENATOR DONAHUE) I , Further discussion? Senator Demuzio, for the second time. j SENATOR DEMUZIO: I . I Thank you, Madam President. I just want to nake a couple of I I 35 1 f STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SZSSION SENATE TRANSCRIPI 122nd Legislative Day January 7, 1997 points, I guess. First of all, this House 3i11 995, When it was in the House, received one hundred and eleven votes. Unfortunabely, for -- for Representative Cowlishakr it dealt W1th the Chicaîo Teachers' Retirement System. I assume that that's a11 out of this bill by now, and I'm sure she'll -- shebll really :et a big surprise when it comes back. Secondly, let me just ask a question, if I might. You have represented to the Members of the Body, and as I indicate -- as I -- I see in the bill, that '1A person possessing a provisional alternative certificate under this Section shall be treated as a regularly certified teacher for purposes of compensation, benefits, and.other terms and conditions of employment afforded teachers in the school Who are members of a bargaining unit represented by an exclusive bargaining representative: if any.'' Does this say that With a degree in any subject and eight weeks of training that after three years that that person may be tenured in the school system?
PRESIDINC OFFICER: (SENATOR DONAHDE) Senator Cronin.
These individuals are treated just llke any other certified teacher once they have completed the coursework and once they bve completed khelr probationary period.
PRESIDING OFFICER: (SENATOR DONAHUE) Further... Senator Demuzio.
Well, 1'11 tell youy recently there was some controversy with the State Board of Education with respect to teaching certificates issued in Illinois within the last three weeks, and dealt with reciprocity in other statesy and standards: and so forth, and transcripts and vhat have you. T thtnk a person's goinq to be shocked: particularly a person who has been going to public education, or prlvate education for that matter, for a period of a 36 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 number of years, struggling on a part-time basis for a number of years, to nok be told that as long as you have a degree and you meet khese eight weeks of special conditions, that you can -- fact, can be a certified teacher in -- in the -- I assume the Chicago teachers' system, and that after a three-year periodz you can be tenured. IE just seems to me that a1l of the people <ho are afforded the opportunity to go through the education certification process in Jllinois are really not goin: to be pleased by virtue of this bill; and therefore, agalnr I Would rise in opposition.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cronin, to close.
Thank you very nuch. Very briefly : It's always funny how two people ean look at the same thing and see tWo dramatically different -- two dramatically different things. One of ny colleagues on the other side of the aisle talked about this as promoting a dumping ground for those who want to pursue a career in education. It's astounding to ne, because while I respect his view, my view is that this piece of legislation elevates - eievates the profession of teaching. It elevates lt beyond a -- a ctvil service model of -- of -- of a tradesman-like quality. I mean: this makes them and recognizes teachers, I believe, as true professionals. You know, teaching in Chicago public schools, believe it or not, is not the most desirable plaee for many people to go who are in schools of education, unfortunately. And khose students in the Chicago public schaols are the ones that need the talented teachers the most. Every year we enter a school year in the Chlcago public sehcols and there are hundreds of vacancies. People comlng out of qualified education schools, where are khere first choices? They want to go out to the suburbs. I donlt know where your wife or your moeher or faeher taught, but -- but people 37 STATE OP ILLINOIS 69TH GENERAL ASSEMBLY RSGUSAR SCSSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ' don'b bradibionally Wazb tO ;Oy EPCZUSP itfs a Eouih jCb aRd EhOSO ' Who are there, many of them, are heroes everyday, goin: and j 1 working hard. The people that put this program together are 1 7 teachers - teachers themselves. Dominic Belmonte, the qentleman that testified before committee, is an outstanding teacher. . This 1 is a Wonderful program. This is a program that J suspece we vi1l 1 I hear praise from Ehe other side Lf the aisle, from some quarters ! I in the Chicago public schools, and -- and some of the Democratic i ! leaders will talk about the wonderful impace of this proposal in / I years to cone. And you know what? God bless you. I ask for your 1 I favorable consideration. Thank you. . 1 . PRESIDING OPFICER: (SENATOR DORAHUE) . ! ! T*e question is, shall House B#ll 995 pass. Those in favor j ' will vote Aye. Opposed, Nay. The voting is open. Have all voted j l who wish? Have all voted who wish? Have al1 voted who wish? Take I I the record. On that question, there are 32 Ayes, 25 Nays, none ' I vot1ng Present. House Bi11 995 has received the required J constitutlonal majority and is deelared passed. Senator Demuzio, for whatpurpose do you rise? 1 I SENATOR DEMUZJO: f Well, seldom do I make a mistake in voting over here, but khis . 1 time I guess I pushed the switcb and it didnlt -- didn't register: 1 but had I voted, I would have been recorded in -- in the negakive. / 1 PRESIDING OFFICER: (SENATOR DONAHUE) 1 Thank you, Senator Demuzio. SENATOR DEMUZIO: 1 So, let's start all over... PRESIDING OFFICER: (SENATOR DONAHUE) The record Willso reflect. SenatorDemuztoeforwhatpurpose 1 do you rise? SENATOR DEMUZIO: On a point of personal privilege again. I guess the reason is, j 1 I a8 ' y STATE OP ILLINOIS 89TH GENERAL ASSEMBLY RECULAR SESSTON SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I punched itw but the key Was turned off, so somecne inadvertently decided that they want to play their litele games today, which is ! ! okay. But s*ill put me down as No. ! ' j PRESIDING OFFICER: (SENATOR DONAHUE) ! We're going to stand ae ease for just a moment, please. l ! (SENATE STANDS AT EASE) ! ! 1 (SENATE RECONVENES) I . : I PRESIDING OFFICER: (SENATOR WEAVER) I Committee Reports. ' J SECRETARY HARRY: Senator Weaver, Chair of the Committee on Rules, reports the k I ' following Legislative Measure has been assigned: Referred to the I Committee on Executlve - Conference Committee Report 1 to Senate 1 ! Bill 825. I I PRESIDING OFFICER: (SENATOR WEAVER) ' i . . . will stand in recess to Ehe call of the Chair. ! I ! (SENATE STANDS IN RECESS) ! ! @ END OF TAPE ? ! ! I TAPE 2 ! I ! ! (SENATE RECONVENES) ! I ! 39 ( . . ' .. -. -.- - --. ---- -. - .- STATE OF ILLINOIS 89TH GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7. 1997 PRESIDTNG OFFICER: (SENATOR WEAVER) wi11 be in order. Messages from the House. ... SECRETARY HARRY: Message from the House by Mr. McLennand, Clerk. Mr. President - I an dtrected to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the followin: title, to Wit: Senate Bil1 675, With House Amendments 1 and 2. Passed the Housey as amended: January 7th, 1997. Message from the Souse by Mr. McLennand: Clerk. Mr. President - I am directed to inform the Seaate that theHouseof Representatives has refused.to adopt the First J Conference Committee Report on Senate Bill 350, and requests a Second Comnittee of Conferenee to eonsider the differences betkeen the two houses in regards to Amendments numbered 2 and 3. ActiontakenbytheHousezJanuary7th,1997. f PRESIDING OFFICER: (SENATOR WEAVER) E Motlan to accede to the request for a conference conmittee. Without objection the Senate accedes to the request of the House , l ' for a conference committee on those bills just read by the 1 1 . j Secretary. Conmittee Reports. SECRETARY HARRY: . J Senator Peterson, Chalr of the Committee on Revenuey reports Senate Bill 729, the Motlon to Coneur with House Amendments 2, 3, 4, 5, 9 and 10, Be Adopted. Senator Fawel1, Chair of the Committee on Transportation, 1 reportsSenateBill350,EheFirstConferenceCommitteeReport,Be 1 ApprovedforConsideration;SenateBill157 the Motion to Concur , r with House Amendments l and 4, Be Adopted. Senator Cronin, Chair of *he Conmittee on Education, reports Senate Amendment 6 to Rouse Bill 207 Be Adopted . Senator Hawkinson, Chair of the Committee on Judiciary, 40 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 reports Senate Bf11 522, ehe Mo*ion to Concur with House Amendments 1 and Be Adopted. And Senator Karpiel: Chalr of ehe Committee on Executivez reports Senate Bill 1696, the First Conference Committee Report, Be Approved for Consideration; Senate Bill 825, the Ptrst Conference Committee Reportr Be Approved for Consideration; and Senate Amendment 3 to House Bill 999 Be Adopted.
PRESIDING OFFTCER: (SENATOR WSAVER) Messages.
Message from the President. Dear Mr. Secrekary Pursuant to Rule -- or, to Senate Resolution 281, I hereby appoint Senators Donahue and Weaver to the Committee to Approve Ehe Final Senate Journals of the 90th (slc) General Assembly. Filed by Senator Phëlip on January 7th, 1997. Messaqe from the Minority Leader. Dear Mr. Secretary - Pursuant to Senate Resolution 281, hereby appoint Senator Welch to the Committee to Approve the Final Senate Journals of the 89th General Assembly. Piled by Senator Jones, January 7th, 1997.
PRESIDING OFFICER: (SENATOR WEAVER) For What purpose does Senator Watson arise?
Yes. Thank you, Mr. President. This may be the appropriate time to make a comment in regard to Senate Journals. I dontt know how many of you received ln your office the bound copies of the Journals from this last Session. I don't know how we arrive at that. I guess the Secretary of State sends ouk a -- a letter and asks if we'd like ko have them. I'm sure those things are very expensive and I -- in the ei:hteen years that I've been here in the -- in the -- in the General Assembly r I've never opened them. 41 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 . ; I have -- so I brought them kith me, and I'm :oin: to take them to ! the Secretary of State and say, ''Why don't you give them to I someone elsea'' Why don't we send a nessage to the Secretary of .' 1 : State that maybe, if we want them, we should ask for themy instead f of just sending out that letter, and maybe *e could save a few dollars and a feW trees in the State of Illinois if -- if we'd 1 ' ! follow that type of khinking. Thank you. I PRESIDING OFFICER: (SENATOR WEAVER) I Por What purpose Senator Geo-Karis seek recognition? l ! SENATOR GEO-XARIS) . f Mr. President and Ladies and Gentlemen of the Senate, on the ! . ! -- a point oà personal privilege. ! i
PRESIDING OFFICER: (SENATOR WEAVER) . ! state your point. E ! SENATOR GEO-KARIS: I I'm delighted: Mr. Presidentr to introduce to this astute Body ! four of my very good constituents, 'cause I have the best ? ! constituentsz from Wadswlrth, Illinois: Gary and Lynn Penrithy ! ! and Jim and Raren Belll. They're up in ehe President's Gallery I and I'd like us a1l to Weleome them here today. . I !
PRESIDING OFFICER: (SENATOR WEAVER) ' j Will our guests please rise and be welcomed by the Senate? I ! Resolutions. J SECRETARY HARRY: I ! Senabe Resolution 282, offered by Senator Demuzior Jones and 1 all Members. : ' d th resolution, Mr. President. l It s a ea I PRESTDTNG OFFTCER: (SENATOR WEAVER) f ! Consent Calendar. I PRESIDING OFFICER: (SENATOR DONAHUE) J ' attention. Very shortly -- we have had . . .have everyone s l . I distributed Senate Supplemental Calendar No. 2, and we Will be I 1 42 j 1 STATE OF TLLfNOES 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7. 1997 6 shortly going to that order of business. Senate Bill 157. Senator Geo-Karis, on Senate Bill 157. Mr. Secretary, read the I ) bill. I SECRETARY HARRY: I f .. . move to concur uith the House in the adoption of thelr j Amendments 1 and 4 to Senate Bill 157. I Filed by Senator Geo-Karis. l I PRESIDING OFFICER: (SENATOR DONAHUE) ; r Senator Geo-Karis. 4 I SENATOR GEO-KARIS: ! Madam President and Ladies and Gentlemen of the Senate, When : : this . bill left the Senate, it established a ! J hundred-and-fifty-dollar ftne for speedinq in a highway ! l constructton or maintenance zone, and it passed the senate 54 to ! 0. However, this legislatlon was identical to the original bill ! I that had passed -- in another bill from the -- from the House: so ! I . that the underlyin: original bill part of this bill is no longer, i in effect, in this bill. House Bill -- House Amendment 4 then ' I becomes the bill and contains three separate' issues. One, it I ! . contains language requested by the Illinois Department of I Transportation whicù *qives the Depariment the authorlty to ' . ! contract With someone other than Amtrak for passenger rail I ! service in Illlnois. Two, it also contains a proposal from the I I Secretary of State's Truckers' Advisory Board. It allcws the ! 1 Secretary of State to issue permanent plates for semitrailers. . I And three, lastly, it clarifies that emergency vehicles can ! I proceed past a rail crossing when responding to an emergency call, ! ' j but only after slowing down as may be necessary for safe 1 ! operations. I move far the concurrence of èhls report. / I PRESIDING OFFICER: (SENATOR DONAHUE) I Ts there any discusslon? Is there any discussion? Seeing I I ' I none, this is final action, and the question is# shall the Senate ' ! I 43 i STATE OF ILLINOTS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I concur in the House Amendments l and 4 to Senate Bill 157. Thcse in favor will vote Aye. Opposed, Nay. And the voting is open. Have al1 voted Who wish? Have all voted Who Wish? Have a11 voted Who wish? Have a11 voted Who wish? Take the record. On that question, there are 55 Ayes: no Naysrnone votinî Present. The 1 Senate does coneur in HouseAmendnents 1and 4 to Senate Btll157: J and having received the required constitutional majority, is declared passed. Senate 8il1 522. Senator Parkgr. Read the ) bill, Madam Secretary . 1 ' . I Aceruc SECRETAR: EAwKER: / I I move to concur with the House in the adaptkon of their M endments 1 and 6 to Senate Bill 522. f I Offered by Senator Parker. PRESIDING OFFICER: (SENATOR DONAHUE) I I Senator Parker. E I SENATOR PARXER: I . I Thank you: Madam Presëdent, Ladies and Gentlemen of the I : Senake. First of allr I want to drau your attention that the I amendment in No. 1 in Senate Bill 522 is o1d language whieh was I ! adopted by the House and inadvertently not withdrawn when I It is completely subsumed by Amendment No. 6 was adopted. ' 1 . / Amendment No. 6 and will not be part of the bill. 7he -- Senate 1 Bill 522 passed unanimously when it left this Chamber. It 1 . f addressed one specific thing that's ën there nowz and there is one I ! I additional point. The two areas that are being addressed are, 1 one, specific consent, which applies to foster children and does j te a neW type of adopeion; second, expedited termination I not erea 1 of parental rights in egregious case of abuse or neglect. The I specific consent - currenely many parents would consent to the I I adoption of their children if they could choose the adoptive I parent. This does alloc them to do that and it clarifies the 1aW. p The other thing that it does address is expediting termination of l 44 I ; 1 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 l parental right in egregtous cases. Senate Bill 522 allows the 1 . State to speed up this process, which currently takes a long time. I / It utilizes only ''reasonable'' family preservation services in 1 I family case plans. And it provides that onee a parent has been ! found to be unfit, that it may be appropriate to expedite ' terminations in abandonment or other extreme or egregious cases. ' ; It also allows the court to consider evidence of unfitness at adjudicatory hearing kf the petition is seeking to appolnt a guardian for the child, and it allows the termination to proceed more quickly. Ik also expands the definieion of an unfit person to inelude a person whose substantial neglect of any ehild residing in the household resulted.in the death of Khat child, and also expands the deflnition to include a person Who caused the death of any child by physical abuser but was found not gullty by reason of insanity. For the -- so that you know, there are various things that khe Judieiary Committee Would like to have clarified in this bill in the next Session. It passed Judieiary unanimously. We have agreed that we will file a bill that will go along with some of the technical questions that they had. Alsoy there is a concern with defining ''egregiousn, which we said we would work with the Defender on. And I -- for ' the record: we would just like to say some of the areas that may be appropriate in these cases. We specifically didn't define a1l of these areasr because if you list al1 of the areas in the btll, then it -- actually you dontt have an opporkunity where khere are cases of abuse Ehat you can then help: as far as Eerminattng parental ! rights in egregious eases. Some of these that may be appropriate are: a parent abandons a neWborn infantw or a parent attempts to ! sell a child; a parent is convicted of manslaughter resulting from f I the death cf a child by physical ehlld abuse and there are other ! children surviving in the home; or a parent murders the other / 1 parent of a child without extenuating cireunstances; or a I i I 45 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 psychiatrist reports that a mother's nental illness will I substantially impair her ability to parent for at least the next j few years, that a long time will pass before the mother could I I parent independently and thae even kith the professional support I . I and monitorinq, she could not give the ehild a permanent home. We 1 1 are trykn: to help the children be put into a permanent situation I quicker, because their liMesy of coursez while they're chtldren I isn't ehat long . And we think that this will be a good bill and a . good tool to be used in that direcbion. I Want to also tell the Chamber that this was looked at in a Joint Committee of Adoption Law and Procedurer which 1 have cochaired. With Representative Lindner, as a bipartisan committee with Members of the House and the Senate, and these have been discussed in that committee, and it comes from that, besides the bill that we had discussed this spring. And I wi11 answer any questlons.
PRESIDING OFFTCER: (SCNATOR DONAHUE) Is there any -- or, is there discussion? Senator Shaw.
Yes. Thank your Madam President. Nill the sponsor yield? ' PRESIDING OFFICER: (SENATOR DONAHUE) ! Indicates shedll yield, Senator Shav. SENATOR SHAN: ' Senator, I havenlt had time to lcok at the bill, but I noticed I - - hoW did this -- who asked for this legislation? ' PRESIDING OFFICER: (SENATOR DONAHUE) I 1 Senator Parker. s SENAPCR ?ARKER: ' ! This, sir, has been an issue that has been in the forefront, 1 I of eourse, for a number of years, and it has come up from requests ! from DCFS, from the Public Guardianr from the Cireuit Court: Judge ! f Salyers has.been interested, and certainly it's been an issue that I I we have discussed over the past year, as far as making it quicker ) 1 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 ! to help children be put into adoptive homes. And truthfully, the l way I got involved in this was constituents in my area who are foster parents who saW children being abused, goinq back to *he parent, being abused again, then going to a foster home. So we are trying to help with permanency in egregious cases. PRESIDING OFFICER) (SENATOR DONAHUE) j Senator Shaw. I SENATOR SHAW: 1 . I I'd llke to ask a question. On the -- in reference to the -- j the way that we will be structuring public aid ln the future, and f I these people are qoing to be coming off of public aid, would not 7 having food in khe house, would that be neglect of the parents? I ! PRESIDING OFFICER: (SENATOR DONAHUE) ; Senator Parker. Senator Parker. I l SENATOR PARKER: I / Absolutely not. .j I PRESIDING OFFICER: (SENATOR DONAHUE) ' senator shaw. I i SENATOR SHAW: ' ' I I / s nothing in this btll -- what -- khen you define -- When 1 this bill defined ''negleet' - and I apoiogize for not havinç read 1 it - when this bill defined ''ne:lectf ', what -- what do you -- how f I do you define it in this bill? 1 I PRESIDING OPFICER: (SENATOR DONASUE) p 1 Senator Parker. SENAWe TORPARKER: ' y -- we are not really definlng 'neqlect''. What we are 1 talking about is egregîous cases. And let me give you an example. There was a little boy that Was murdered just a feW weeks before 1 Christmasr and be was brutally beaten by his mother. That mother 1 had killed her husband. She had two children already in the DCFS 1 system. This would give the opportunity that, possiblyy that 2 I 47 I STATE OF ILLfNOTS 89TH GENERAL ASSEM3LY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 1997 child could have been noved out of that home into an adcption -- or, out knto a foster home sooner, so maybe that child's llfe could have been saved. So we aren 't we are looking at egregious cases in this situation, and I might add that anything would have to be proven by a clear preponderance of evidence when we're talking about if it is an egregious case. PRESIDING OFFICER; (SENATOR DONAHUE) Senator Shaw. SENATOR SHAW : don't mean to use up a lot of time: but what -- how doep -- will judges be able -- once this becomes 1aW, does judges have discretion in terms o.f this leglslation? Or does this -- or does this legislation take the discretion away from the jud:e in any way? PRESIDING OFFICER: (SENATOR DONASUE) Senator Parker. SENATOR PARKER: No. This -- the judge always has discretion. The State and the Department have the opportunity of bringing this to the judge's attentfonr but it does not take his discretion away. PRESIDING OFFICER: (SENATOR DONAHUEi Senator Shaw. SENATOR SHAW: This is my final questton, I think. How would this legislation have changed the Amanda Wallace case? PRESTDTNG OFFTCER; (SENATOR DONAHUE) Senator Parker. SENATOR PARKER: This Nould have made a difference in the Amanda Wallace case, because she had killed the ane child and khis could have sped up the process for terminating the rights with the other children. We have, in here, that a -- a person is unfit by reason of 48 STATE OF ILLINOIS 89TH GCNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 insanity, khat those pareneal rights can be terminated. Presently in our law, if there is reason that a person is insane and they have mistreated other children, thaè ls n0e a reason eo take another child away from that parent.
PRESTDING OFFICER: (SENATOR DONAHUE) Senator Shaw.
This is -- I don't know What and I don't Want you to no through the whole bill, but certainly as it relate to the Amanda Wallace case, and you might be able to answer this at the end of my comment, but I don't think I heard ycu say anything about if DCFS make a mistake. And it Was clear in -- in the in the Amanda Wallace case that DCFS did make a mistakey because they Were the one that recommended that that child be qiven back to the parent. And I don't know whetber there's anything in this legislation here that uould penalize DCFS tn any Way or put somq restraints on the Department of Mental Healthy let's say, because a1l of those people made that recommendation back to -- recommended that Amanda Wallace be given the child back. 'And if we're just qoing to penalize the -- the parents theaselves without the various agencies - and i don't mean to pick out DCPS particularly, I'm talking about other agencies as well I think that I think this is on the wrong track, and I didn't hear you say anykhing about that. So I would hope that something would be in this legislation that wculd correct that problem, where that they would be able to take some of the responslbility' as well as the parents, because in my opinion, havinq been involved in the Amanda Wallace case, I knowr and I'm not a psychiatrist, that she should have never had the child baek. And they had the records tbat she had allegedly killed the other childr and they still turned the child over to her. If we going to have that consistenkly, even with this legislationz then I think this is the 49 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ! wrong route to goy and we need to do something better than that. j 1 PRESIDIDG OFFICER) (SENATOR DONAHUE) I ! Further discussion? Senator Watson. ! 6ENATOR WATSON: ' . j Yes. Thank you, Madam President. Question of the sponsor, ! ! please. I PRESIDING OFFICER: (SENATOR DONAHUE) I Indicates she'll yieldz Senator Watson. SENATOR WATSON: i Senator, does this have anything to do With Baby Richard? l Does this clarify at all any of the Baby Richard problems? ! PRESIDING OFFICER: (SENATOR DONAHUE) ! ! Senator Parker. I ; SENATOR PARRER: I I No, it does not. ! PRESIDING OFFICER: (SENATOR DONAHUE) l ! Senator Watson. I I SENATOR WATSON) ! Does this make it easier for someone to adopt a child? I 1 PRESIDING OPFICER: (SENATOR DONAHUE) ' / j senator Parker. ' 1 I SENATOR PARRER: j ! It makes it easier and quicker, particularly in DCFS in ? I egregious cases. I I PRESIDING OPFICER: (SENATOR DONAHUE) i l Further discussion? Senator Clayborne. ' I SENATOR CLAXBORNE 1 : I Thank you, Madam -- Madam President. Would the sponsor yield? I l PRESIDING OFFICER: (SENATOR DONAHUE) j I Indicates she'll yield, Senator Clayborne. I i . SENATOR CLAXBORNE: ' I -- I first Want to make a statement, Senatcr Parker, and I i 50 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 then T want to ask you a few questions. was a prosecutor for about two years and -- and three months, and during the course of my prosecution, I terminated parental rights in about ten cases. So I1m very familiar with this process. What I -- what I'm not sure about in -- in your -- in your bill is how the standard is being changed from clear and convincing to preponderance of the evidence. Can you explain that?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.
Senatorr on -- on page l0, it indicates that the court would find a preponderance of evidence on stipulatin: if the child has been abused. But on page ll, the chlld -- it has to be by clear and convincing evidence that -- legally admissible evidence introduced or stlpulated at the hearing or at khe dispositional hearlng to terminate parental rights. So for the termination of parental rights, it is clear and convincing evidence.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Clayborne.
So I -- I guess the change that has been made, as I understand is that you will have the hearing at the same Eime, but there would be two different standards?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Parker.
That is correct.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Clayborne.
Thank you. Thank you, Madam President. And as I understand this, is that this two-hearing process wl11 only take place on 51 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 egregiouscases. lsthattheunderstanding? ) PRESIDING OFFICER: (SENATOR DONAHUE) SPZaEOF Parker. SENATOR PARKER: ( PRESIDING OPFICER: (SENATOR DONAHUE) 1 ! Senator Clayborne. I SENATOR CLAYBORNE: I Thank you. Because the way I understand this, I had a case I where -- well, in most cases, there's a plan that's set out by ! which the parents nust comply with, and theydre given a reasonable amoun: of time based upon the circumstances ihat they are -- orz ! the problems that kheydre supposed to solve. And based upon that, unless it's an egregious case, I am -- I'm assumin: scme severe I physical harm or some murder or -- or something of that equivalent, that we won 't get to this place and thqy Will have a / case plan by which they can work out and try to resolve some of ! their problems. Is that -- is that what this is designed to do? PRESTDTNG OPFJCER; (SENATOR DONAHUE) ' . . Senator Parker. SENATOR PARRER: . That is correct. PRESIDINGOFFICER: (SENATORDONAHUE) l . Senator Clayborne. SENATOR CLAYBORNE: j Thank youz Madam --MadamPresëdent. Forinstance,Ihada 1 case where the children Were living in a situation that Was physically inhabitable, their clothes wasn 't -- weren't being changed naybe for days at a time: and -- and they lived in a very terribleenvironment. HoWever:therewasacaseplanputtogether f that allowed the mother at least an opportunity to clean up her act, to get parenting classes, to learn hoW to take care of her I 52 STATE OF JLLTNOTS 89TH GENERAL ASSEMBLY REGULAR SESSIO: SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 homer and to learn how, generally, eo -- to be responsible and hoW I to take care of a child. In that particular instancer I mean: it ; was -- it was very filthy. It Was a terrible environment, but it was one in which if the mother or the parent took respansible action and Nent to these classes, it was something that could be controlled and a problem that could be eliminated. Now, in that 1 particular case, would that parent be given an opportunity to ! correct that sltuation and this language is not designed to have ! an immediate hearing because of that terribl1 ' environment? ! PRESTDING OFFICER: (SENATOR DONAHUE) r Senator Parker. . I
That isn't the kind of case ue 're looking at. And eerkainly, they would be given the opportunity to correct the situation.
PRESIDING OFFICER: (SENATOR DONAHUE) Purther discussion? Senatcr Cullerton.
Yes. Thank you, Madam President, Members of the Senate. ! Senator Parker, in the committee we had some dlscussion about a ' number of proposed changes to thls bill, and I believe that i ! Senator Hawkinson enumerated them in his questioning and you I indlcated that you would be willin: to follow up the passage of ! this bl11 with a trailer bill that Would address a number of those ! issues. It's my understanding -- our staff tells me that the I actual effective date of this bill is going to be January 1st, I 1998, that this bill does not have an immediate effectlve date, I and even thcugh it's passed after January lst of -- of this year, bhat in the absence of an immediate effective date, it would have I -- *he next calendar year would be When it would take effect: ! Which would be January 1st, 1998. That being the ease, that makes iteasierforus to doa - a follow-up bill and a trailer bill. - f Now, the -- the question I have for you is: There is a I 53 j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd tegislative Day January 7, 1997 controversial term used in this legislation and the term is ''egregious'' and that's the -- the language used by the drafters to try to show that there Would be a very limited circumstances under which one of the provisions could be utilized. Nowr there -- there is a ease in Wisconsin which deals With the term ''egregious'' in the context of an element necessary to support a contempt finding. The Wisconsin court defined ''egregiousf' as follows; Conduet is egregious when tt is conspicuously bad: flagrant, gross or shocking. Nowy is thls somethlng which you would -- in -- tor purposes of legislative lntent, would -- would adhere to? Is that the -- the meaning that you Wauld attribute to thls term that's found in your Statute?
PRESIDING OFFTCER: (SENATOR DONAHUE) Senator Parker.
Yes. That. is the meaning, and I do have it here that we would look at and the intent o? the legislation would be to include that as a meaning Eor this legislation. As I stated in my opening statement, I do recognize that there are certain technicalities that need to be korkçd out and we will work on a trailer bilk With that, 4nd work with the Public Defender's Office in looking at the term 'egregious''. As we saidr it's difficult in the bill to lisb every single circumstance, because then you have to prove that circumstance and you may be leaving some out. And our opporkunity here is to try and help the children and speed up the process, but we don't want to - and I want to make it very clear - take away any children that shouldn't be. That's not the intent of this legislation. So that would be proper deftnition.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Cullerton.
Yes. Qhank you, Senator. Senatory I Would have a suggestion 54 STATE OF ILLINOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 to you. Assuming that we're correct, that the effective date of this bill is not until January 1st, 1998: I would have a suggestion to you that.you ought to introduce a ne< bill that not only contains the corrections. but also contains this bill and have an imnediate effective date, and then if it's passed, it ean be signed by the Governor sometime in the -- in the summer. Certainly the public is put on notice by the passage of this btll that this is what the law is going to be, and you'd actually have a bill passed faster than you kill by passing this one. So it's just a suggestion that you might take up next year. And then another sugsestion: Whenever the House, you know, drafts an amendment and they bring it over to us and it's got technieal problems, we really ought to put it in a conference commtttee, rather than be left wëth whatever the House gives us. That's ktnd of a general rule we always should apply, I thlnk, over here in the Senate. Don't you agree?
PRESIDING OPPICER: (SENATQR DONAHUE) Further discussion? Further dlscusslon? Senator Parkery to close.
Thank you, Madan Chairman. I -- I Nould ask for support on this bills 522. We have worked on this issue since the beginning of last year. I do recagntze there are some technicalities thatz because of the close calendarz we dldn't work cut. The obviously, the ideal situation would have been to take the opportunity if we'd had a lot of time to work ou* some of these technicalities, but we think - and it Was stated ln Judiciary Committee and they did vote ten to nothin: - that We can do that by a trailer. 0ur concern is that, if we can pass this bill now, we can Work on the trailer in the sprinq. The thing is now that there are so many cases that are not being addressed beeause of egregiousness, and we think it's important to get this bill out; 55 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7r 1997 for exampley Drian Ming, who was just killed, as I mentioned, a 1 l I few weeks ago just before Christmas and by a mother who possibly could have been declared unfit if this legislation had been -- j i occurred. So I understand the effective date. We will Work on ! ' / this, and I ask for your favorable support. ; PRESIDING OFFICER: (SENATOR DONAHUE) : ! This is final action. The question isw shall the Senate E coneur in House Amendments l and 6 to Senate Bill 522. Those in favor will vote Aye. Opposede Nay. 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 57 Ayes: l . Nay, none voking Present. The Senate does concur in House Amendments l and 6 to Senate Bill 522, and the billy bavlng received the required constitutional majority, is declared passed. We are going ko stand at ease rlght now, for a feu minutes, while our Senate Rules Committee meets. Senate is at ease. (SENATE STANDS AT EASE) ! (SENATE RECOKVENES) i 1 . PRESIDING OFFICER: (SENATOR DONAHUE) ! Senate w ill reconvene. We are on Supplemental Calendar... ! I Oh . Okay. Committee Reports, first. Sorry. l ACTING SECRETARY HAWKER: I I Senator Weaver, Chairman of the Committee on Rulesz reports ' I that the following Legislative Measures have been assigned: I Referred to Executive Committee - Conference Committee Report No. 1 to House Bill 444, Motion -- Motion to Concur with Hcuse I Amendmenks l and 2 to Senate Bill 675) re-refer fron Executlve I 1 56 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Committee to Rules Conmittee - Conference Committee Report No. 1 to Senate Bill 3267 referred to Loeal Government and Elections Committee - Conference Committee Report No. l to Hcuse Bill 2735; and Be Approved for Consideration - Conference Committee Report No . 2 to senate Bizz asc. 2 PRESIDING OFPICER: (SENATOR DONAHUE) 1 Now wedre on our Supplemental Calendar No. 2. Welre on the I : I ACTING SECREQARY HAWKER: f ' ! I I.move to concur with the House in the adoptton of their . / Amendments 2, 3, 4, 5, 9 and 10 to Senate Bi11 729. I Offered by Senatcr Peterson. I I PRESIDING OFFICER: (SENATOR DONAHUC) I Senator Peterson. l SENATOR PETERSON : . I Thank your Madam President: Members of the Senate. Basically, ! ! concurrenee on 9 and 10 is the heart of this bill. Amendment 10 ( tsic) (9) deletes all the other'amendments, and it has to do with ! a Department of Revenue request on taxpayer during an audit, that / I the taxpayer has sixty days to respond, and the language ' eliminates the sixty-day letter. Amendment 10 is a definition of I financial organization for taxation purposes, and also defines 1 I sales finance company and credlt card bank. There ls no cost to I this bill. It's supported by the Taxpayers' Federationy the j Retail Merchants. It passed the House ll3 to nothing. I ask for I : your support on concurrence On Amendments 2, 3, 4, 5, 9 and 10 on 1 ! SenateBill729. f
PRESIDING OPPICER: (SENATOR DONAHUE) Is there any discussion? Any discussion? Any discussion? Seelng none, this is final action. And the question is, shall the 7 Senate concur in House Amendments 2,3,4,5,9and 10 to Senate j 1 57 J ' STATZ OF TLLTNOJS 89TH GENERAL ASSEMBLY 1 REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 I Bi11 729. ThoseinfavorkillvoteAye. OpposedzNay. And the f voting is open. Have al1 voted who wish? Have a11 voted Who wish? Have a1l voted who uish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. The Senate bill -- Senate does concur in House Amendments 2, 3, 4, 5, 9 and 10 to Senate Bill 729, and the bill, having received the required constitutional majority, is declared passed. On the Order I of Conferenee Com ittee Reports is House Bill 2702. Madam @ I Secretary, do you have on file a conference committee report on I I ACTING SECRETARY HAWKER: j Yes. First Conference Committee Report on House Bill 2702. ! 1 PRESIDING OFFICER: (SENATOR DONAHUE) ' j Senator Syverson, on House Bill 2702. I SENATOR SYVERSON : ! Thank you, Madam President. House Bill 2702 is revlsiting I legislation that passed last year on a 38 to 12 measure. In just I quick review of some of the highlights of this legtslation: The ! ! first part is some tax 'cap clean-up language ânvolving those I counties that had previously had tax caps' put in place under the j . 'j1 measure; the seeond was questions that were ratsed during the J tax cap legislation saying that if we give taxing districts the I authority to put tax caps in place, should we not give them the authoriey to take tax caps away. We've added that languaqe as f well, which says that by front-door referendums, counties can I ' I remove tax caps. Third part of the leglstation is wording that was put in to codify the Department of Revenue's rules regarding levies that we addressed lastyear,aswell. Pourthpart ofthe / legislation is the front-door referendun sales tax Wordinî that Senator Weaver had last year. That currently is available to f counties over a hundred and elghty thousand. We are just removing . I the population threshold. And the last part of the legislation I 58 STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SZNATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I i affectstheProperty Tax Code anddirects the CookCounty Assessor ! to maintain records that contains the facts and the data used in determining the value of each parcel of property. Be happy to I answerany questionsyoumighthave. 1 PRESIDINC OPFICER: (SENATORDONAHUE) ( I 1 sthere any discussion? SenatorBerman. , ) SENATOR BERMAN: 1 Thank you' Madam Chatr. Question of the sponsor. f PRESIDING OPFICER: (SENATOR DONAHUE) i Indicates hedll yield, Senator Berman. , I SENATOR BERMAN: Senator, was this bill heard in committee, partieularly the anendmentdealln:withtheCookCountyAssessor'srequirements? f PRESIDINGOFFICER: (SENATORDONAHUE) i ) Senator Syverson. I i SENATOR SYVERSON: . Not in the senaee. No . 1 , PRaSIDING OFFICER: (SENATOR DONAHUE) I . Senator Berman. SENATOR BERMAN: I ' wsy? f I PRESIDING OPFICER: (SENATOR DONAHUE) ! Senator Syverson. I SENATOR SYVERSON: I'm not in Leadership. I don't nake that decision. Sorry. p PRESIDING OFFICER: (SENATOR DONAHUE) Senator Berman. SENATOR BERMAN: I Could f respectfully suggest that you take this out of the 1 record, and suqgest to the Rules Committee that it be recommited 1 to the Revenue Committee so that we could have some testimony, have publie participation, have some debate in committee? I -- I 59 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I'm shocked that a bill -- that a provision that will affect billtons of dollars of property tax assessments in Cook County isn't even sent to committee. Would you -- vould you take this out of the record in accordance With that request? PRESIDING OFFICER) (SENATOR DONABUE) Senator Syverson.
Due to the lateness of time, I think that would just delay that. I would like to refer over to Senator Rausghenberger to maybe hiqhlight or answer some of the questions that you might have regarding that.
PRESIDINC OFFICER: (SENATOR DONAHUE) Senator Syverson yields to Senator Rausehenberger.
Thank you, Madam President and Ladies and Gentlemen of the Senate. I guess the point . I would make is, although thls has no* had a public hearing, this is not a major change in any kind of responsibilities of the Assessor. Wetve been informed by the Cook County's Assessor'g Office that, in effect, he says the practice is already to do these things. We're simply codlfying what he says is h1s current practice. In order for the current appeals process to Work in Cook County, we have got to have the records 'or the taxpayer to -- to appeal the process. This just requires the Cook County Assessor to maintain records. I agree, think it's unfortunate that we did not have the opportunity to have a hearing, but this is no* rocket science. Itls merely codifying what the Cook County Assessor, you know, has already said he does. And in the interests of the five million people who live in Cook County andp as you point out, the billtons of dollars of property values, we need to make sure that there's an audit trail so that our appeals process can Work in Cook County.
PRESIDING OFFICER: (SENATOR DONAHUE) 60 1 STATE oF ILLINOIS I 89TH GENERAL ASSEMBLY I REGULAR SESSION f SENATE TRANSCRIPT i 122nd Legislative Day January 7, 1997 Senator Berman. SENATOR BERMAN: Let me suggest: This bill has an immediate effective date. If it receives the necessary votes, it would take effect when the Governor signs it, which could be within the next few days or feW weeks. I will go into the merits of its but 1et ne point outr in response to Senator Rauschenberger's suggestion regarding timing, that if we took this provision out of this bill and addressed it in the spring, with an immediate effective date, it could pass, and we're talkin: about probably two or three months' difference in timing, which in the process of evaluation of Cook County property, doesn't mean anything at this time of the year. So to push it throuqh tonight really has no purpose other than to do somethin: before a different Legislature takes place ovet at the other house, and that makes it sound like it is totally parttsan, and I hope that thpt's not the purposes of this bill. Senator Rauschenberger, I guess, Wants to respond to that suggestion. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rausghenberger. . SENATOR RAUSCHENBERGER: Thank you, Senator Berman. And I appreciate your raislng that concern, but I really think that we're doing this out of concern for the other Chamber. It -- the -- the apparent new presiding officer over there would, obviously, have a conflict of interest, if he were to be in a position of presiding. So we think it's bekeer if we move this bill before he's faced with dealing with something that -- that intimately deals with the law firm he's associated with. The Assessor's Office has already told us thae this is current practice. So, although your potnt of Waiting has got some merit, we think it's better not to put the -- the incoming Speaker on the horns of the dilemma of havin: to.act on this bill. 61 I . I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I PRESTDING OFFJCER; (SENATOR DONAHUE) I Senator Berman. I : 1 ) i Well, I am sure that if this was a conflict, that the j Speaker-to-be would abstain from any involvement. But should I I take the responses from Senator Rauschenberger and Senator 1 I Syverson to be a no to my request to take it out of the record? : 1 If that -- if that's the easey then Ifd like to address the I merits. I PRESIDTNG OFFICER: (SENATOR DONAHUE) 1 , I You have the Floor, Senator Berman. : ' l
. J l Okay. Assuming I -- then -- then the answer is, nor they j E don't want to take it out of the record . And 1611 leave it up to I the media to decide whether this is a political move for what I I amounts to a month' or two difference in due -'' process and -' proper ! j consideration of this issue. Let me correct the record and point I E out that the provisions ln this bill that address the Assessor of I Cook County is not current practice. Let me go into the subject I ! of whak thls provision says. It talks about the appeals process 1 where a 'taxpayer moves a question of assessment fron the p Assessor's Office to the Board of Tax Appeals: and under this I provision: it requires that the Assessor of Cook County shall ! maintain records -- quote: ''shall maintaën records that contains ! ( I sic) (contain) ehe facts, data, work sheets, guidelines, and any ! other information used in determinin: the value of each pareel of I property.'' Unquote . Now, that descriptton, tf any item - if any ! item - that was involved in the valuation of the parcel of I property is not included in thls package of material for each I parcel that is assessed, then the Board of Tax Appeals must do the ! f followingz and I then quote: ''the valuation of the property by l the officerl' - meantng the assessor - Hshall be considered 62 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOM SENATE TRANSCRIPT 122nd Legislaeive Day January 7: 1997 l / arbitrary and capricious and the taxpayer shall prevail in any 1 ! appeal.' Unquote. Letne translatekhat thatmeans. If Iam a / PRESIDING OPFICER: (SENATOR DONAHUE) I Senator Carroll, for what purpose do you seek reco:nition? f 1 : I SENATOR CARROLL: I r Thank you. I hate to tnterrupt my seatmate' but I have a 1 . I parliamentary inquiry. I ' ' PRESIDING OFFICER: (SENATOR DONAH7E) j I State your Point. ' J SENATOR CARROLL: . i I do not find a copy of this Conference Committee Report on I any of our desksr and I Would suggesk under Article VIII, Section l . I 8.4(b) (sic) (8-4(b)). that that must have been on our desks for a I legislative day. There -- no Member on this side of the aisle has f 1 ever Seen One. ' . I I PRESIDING OFFICER: (SENATOR DONAHUE) I Madam Secretaryy have there been any motions filed? I I ACTING SECRETARY HAWKER: ' i I have a motion filed by Senator Dillard . 1 . I I move to suspend the provisions of Senate Rule 8-4(b) i with regard to the reproduction and distributton of conferenee I I committee reports. ' ! January 7th, 1997. I PRESIDING OFFICER: (SENATOR DONAHUE) f senatorDillard. senatorDlllard. 1 SENATOR DILLARD: 1 Thank you, Madam Prestdent, Ladies and Gentlemen of the ! Senate. Having sort of anticipaeed ehae ehis might come upy I J I filed this motion a little while ago. And clearlyr with the late 5 I hour, vith some of the constltutlonal constralnts that we have, as ) ' I Well as the own -- our own logistics of trying to get this ! I 63 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Chamber ready for tomorrow 's ceremony, that's the purpose of my i filing the -- the motion, and moreover, as this Body knows: T j think, that if you have thirty votes on any partlcular thing that I 1 . We consider, we can do whatever, frankly, we want to. And kith I the constraints of the time, that's the purpcse of the motion. I I PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dillard has noved to suspend Senate Rule 8-4(b). I Those in favor will vote Aye. Those opposed uill vote Nay. And the voting is open. Have all voted Nho wlsh? Have a1l voted who , wish? Have all voted who wish? Have al1 voted who Wish? Take ' the record. There are 31 Ayes, 26 Naysr and none Moeing Present. The motion is adopted . Senator Carroll. . ' SENATOR CARROLL: Thank you, Madam Presldent. An inqutry of the Chatr then. ! Does that mean we will not have the opportunity to see any -- ! ! particularly this Conference Committee Repore, to even see the legislation? It's not in the computer. It's not on our desks. ! ! Forget about the twenty-four-hour ruler just the ability to read I legislation before lt's passed . Or does it mean, as the prior . speaker may have indlcatede that as long as there are thirty votes ! I in favor, that they don'E have to show us any legislation . that's I being voted on? I J PRESIDING OFFICER: (SENATOR DONAHUE) ! No, Senator Carroll. Actually the Conference Commitkee Repor: I is being distributed as we speak. Senator Berman, you kere I I speaking. Would you like to continue? 1 SENATOR BERMAN: I Yes. I thlnk that it,s very interesting thak this piece of I I legislation that affects the enttre real estate tax assessmenes of I the largest county in the State is moving along kithout a I 1 committee hearing, and al1 of the Republicans have just voted that ! . they don't even have to distribute a copy of the conference -- ? I 64 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 don't have to distribute a copy of the Conference Committee I Report. Now: I'm sure that this ur:ent effort has nothing to do j I Wlth the fact that ehe gentleman who holds the Office of Cook l County Assessor headed up the committee that resulted in Illinois I going for the Democratic ticket statewide for President, a new State's attorney countywide in Cook, and many other offices in the recent election. I'm sure that that politics has nothin: to do with what I'm seeing being done on this Floor today. Moving to the merits, or I should say, the absence of merits of the bill, the point that T was making -- the polnt that I uas making is as follows: Let us take a parcel of propertyr such as the -- the AT&T buildlng in downtown Chtcago. That building is probably worth nillions and millions of dollars, the taxes of which amount to millions of dollars, and if the ownerr AT&T, if theyfre the owners, don 't like the assessment, they can file an appeal before the Board of Tax Appeals. And if there Was a memorandum that Was made by *he team that assessed this property and there was some note by that team that We a11 are inclined to make in helping us do some Work, such as notes that you or I make in evaluating a ' piece of legislation, and that note wasn't in the file, regardless of the need of that note or the lmportance of that note: or the non-importance of that notez under this bllly the total assessment ! of that property would bez quote, aarbitrary and capricious'', I unquote, and the taxpayer would prevail. And it's probable, under ! thts languagez that there could be no assessment of that I multimillion-dollar property. Now, I've gct to tell you, that's ! my reading of what this language says. That's outrageous. And ! I that is what you're being asked to vote on, to undercue every need 1 whieh relies -- every servicey including schools and the -- and ! I the crininal process and the human service process, that are I funded by property taxes in Cook County. That is what this bill ! does, without a committee hearing, without the necessity l f 65 I STATE OP ILLINOIS i 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 122nd Legislative Day January 7, 1997 J requirement of a bill being distributed. And that's What you're I I being asked to vote on today. Shame on you. Shame on you for j trying Eo force this down the throats of the taxpayers of Cock 1 . / Coonty because bhe ASSeSSOr happened to have played a political j role in November 5th election. I'm embarrassed by the politicak ! I maehinations of the Majority Party of this Body. , !
PRESIDING OFFICER: (SENATOR DONAHUE) l Further discussion? Senator Geo-Karis. :
Madam Presidentr I move the previous question. ' ! PRESTDING OFFICER: (SENATOR DONAHUE) . ' . j We have four speakers. Five.speakers. Excuse me. A11 right. Further discussion? Senator Carroll. :
5 Thank you, Madam President. On the legislationy couple things ! if I may. The Senator to Whcm the ball Was passed, apparently: to ! I carry this part of the bill had made a comment that there's ; nothing in this Sectton that is not current practice in the Office : of the Assessor. rf that Were true, I cannot believe any Member . 1 ! on this side or your side of the aisle would oppose the ! legislation, because what the Assessor's Office does do now, under I I the neu legislation creating the State Tax Board being able to i come in and review Cook County properties - what the Assessor's i ! Office does malntain, does do, will do and always would do - is to 1 . provide to the State Board the complete file on a eomplaint: what I i is the record card; what is the information that *he Assessor has; 1 I what complaints had been filed ; what official documents, including j ' appraisals, had been filed.Any kind of analysis that Was official / in nature are being provided. This went further. There must be a I I reason it went further. And Senator Berman hit part of the ' 1 Problem,as 1.see it,and there's two parts to lt that make it ( I absolutely ludicrous and a boondoggle for the major taxpayers in ' i l 66 f j STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 -- in chicago particularly, and also suburban Cook, to dodge S taxes, because it says any type of item that was ever in the ! ! office dealing with an assessment must be given - and 1'11 give you a couple exanples of -- of what I think it could be that all of us do - any iten must be given if there's a complaint. If not, the taxpayer who complained wins the case, no matter what number they put doWn as their interpretation of the value of the building. So to use his example of the AT&T building or the Sears building or the Brunswick buildlng, or you name it, youlve got a piece of property that everybody knows is worth fifty, a hundredz a hundred and fifty million. The lawyer comes in and says it's worth a million dollars, and he knows that uhen his client was in there -- or when he was in there talking to one of the doputies and he made a commentz the guy had a napktn there with a cup lf coffee and he wrote down a note and that napkin was not turned over - and it can be a note on a napkin that's not an offlclal part of the record . Or if he knows that a person in the field made a mistake when Ehey went and looked and called the Sears bullding a ten-story building and the supervisor said, ''What? Are ' you crazy? This ls ninety-some-odd stories.'' And they corrected the record and took out the ten-story o'ne and said, ''No. It's ninety-sixo'' If that ten-story assessment record isn't sent over, the taxpayer wins the case. That's ludicrous. Tt's got nothëng to do with the value of *he building. It just means that the people of the county are golnç to suffer from the loss of income. Second thing they do do in neighborhocds like mine and everywhere ! else around the county: They come out and talk to the community ! at large as ehey are figuring out a determination of kind of What's the value ln that area - land value, housing value - and they do some kind of a fornula, that I've never understood and : I don't want to, of how you figure out what's happening in that E ! area. They deal with a1l kinds of ccmmunity groups when they do ! 67 I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 1 I that. Now, al1 of a sudden some head of some community group calls in and said, ''By the way , I forgot to tell you something at that meeting.' And the guy jots down a note. Not a typed memo. i Not a court document. Nothing filed by a lawyer. The person at , the Assesscr's Office writes down a little phone message from some woman who 's head of a community group. And you go in and ask for a complaint on that -- on a piece of property that happens to be in that community. And so do 1. So does Berman. So does half of this building. What do you do With that note? Do you send it to each of those complaints? And if you don't, the taxpayer doesn't have to pay. They pay whatever they said it Was Worth. That's stupid. If it was on a napkin and it's dealing With Rogers Park Township, are you goin: to send that napkin each case that was ? ' filed, and if you dondt, each taxpayer pays what they said it was worth, forget about what any independent looking person would have said it's Worth. That's ridiculousr and if that's What you Want . in this legislation, to destroy the ability of schools and -- and the correctional system in Cook County to get a legitimate amount of money so that the big payers don't have to payy shame on you.'
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Welch.
Thank you, Madam President. There are tWo interesting polnts to this bill that I -- that I see, as I look at it. Number one is the -- the very last paragraph of the Conference Commi*tee Report exempts -- 'fExempt mandate. Notwithsbandlng SecEions 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of 1997.'. We had hours and hours of debate of unfunded mandates and now here we have a bill, the last day of the Session, that imposes a mandate upon Cook Ccuntyr but doesn 't pay for it. But that's okay, because you 've got thirty votes. Apparently that's the ; 68 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 philosophy, as espoused by one of ycur speakers just recently. If you look on page l9, What wefve dcne here is we are extending a tax statewide. Wedre extending the ability of the county board to I impose taxes statewide on all persons engaged in the business of ; selling tangible personal property. Nowr I'm amazed, Senator Syverson. because just a few months ago you were the champion of f the taxpayer when you passed the tax cap resolution saying that -- ! the tax eap bill saying that counties could impose tax caps .! throughout the State of Illinois. And at that pointr you knowy we're ltmiting taxes; We've got to stcp taxes from increases. But ! here you're the sponsor of this bill that allows for taxes to go . ) up, as long as the counties raise them . It seems to me to be a ! conflict in theory here, on your part. Either you're for taxes E being raised, or you 're against taxes be raised . But you, p apparently, wane it both ways. And by having local counties raise ! them, you're passing that burden on from the State to the local government. Nowr I don't know if -- if it makes much sense to do I that. To ne, it doesnpt. We're fighting against taxes on the I i local level, as well as on the State level: but we cannot continue I to allow countles to raise fees and raise taxes with all of these bills that we keep passinq. So'l èhinkz to be consistent and to I ! continue the fight against unfunded mandates and extension of I i taxing authority and tax increases, we should a1l be votlng No. I I Thank you. ' I PRESIDINC OFFICER: (SENATOR DONAHUE) I Further discusslon? Senator Molaro.
Thank you, Madam President. Just -- Members of the Senate. ' Would the sponsor yield for a couple of questions? ! PRESIDINC OFFICER: (SENATOR DONAHUE) I i Indicates he fll yield, Senator Molaro. SENATOR MOLARO: l I 69 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT lJlnd Legislatlve Day January 7r 1997 Thank you. It saysr ''In counties with 3,000:000 or more inhabttants''. I know therets no Board of Tax Appeals With other countles, but they do have the State Board. Would he care to enlighken us as to vhy strictly the Cook County Assessor would have to keep all of this: and Why we exempted other counties in case We were appealing to the State Board?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger. Okay. Would you repeat the question, please, Senator Molaro?
I thou:ht he taok it out of the record when he left. In other wordsr why -- vhy just Cook County? know we have a Cook County Board of Tax Appeals, but it's State Board . Why aren't the other assessors asked to do this?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger.
Cook County represents between eight and nine percent of the land mass of the State of Illlnois, yet it contains almost forty-six percent of the EAV in the State of Illinois. It's Cook ' County that is home to -- to tradenark buildings throughout the Loop where there are no comps: no -- no reasonable evidence: no way to compare the Sears Tower to any other building for purposes af assessnent. It's ln Cook County where we have the new special appeals process. hcpe that next year -- next Session, with your support, we come back and expand this recordkeeping to other assessors. Itls also because the the most efficient and effective assessor's offlce in the State of Illlnois is Tommy Hynesl. He's my assessor. He's ready to go. He says he already keeps records on the reasons for increasing and decreasing assessments. So it's the right place to start. It affects half the taxpayers in the State and forty-six percent of the EAV. 70 STATE OF ILLINOIS 89TH GESERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Molaro .
A quick comment to that. If you wanted us to cone back and hope we do al1 the other county officials, you certainly could have done it. You have the thirby votesz and you could have done - - accomplished that tonight. Maybe -- maybe those assesscrs didn't have time to look at What you were doing, and you Were going to afford them the courtesy that youdre not willing to afford the Cook County Assessor. But 1'11 get on to another question. When it says here contains f'facts: data, work sheets: guideltnes, . and any other informatton'' assume and if you didn't, 1et me know - what is it that the Assessor does now in his recordkeeping that he throws away that you would like him to keep? I mean: what were the answers of his office that -- thaE brought about this change legislation?
PRESIDING OFFTCER: (SENATOR DONAHUE) Senator Rauschenberger.
What's changed here is the presumption of Who is responsibl: for the informaklon. The the Assessor's Office says they use work sheets and they've got justification when they nake changes in the assessment. What we're doing here is putting the burden of naintaining and presentin: those records expliclkly on the Assessor's Office, so that the appeals process Works. Because in the absence of that presentation today okay? the the taxpayer is still out of luck. If the Assessor does no* produce the information, khe -- the taxpayer has no basis to appeal. Okay? Under this legislation, the Assessor fails to provide the documentation and *he basls, the decision automatically goes in favor of the taxpayer. We're changing the presumption here, and appropriately, because what we have currently is a gystem 71 STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 l where *he taxpayer is presumed wrong or guilty. And we currently I I havê a system where the prosecutorfs not required to prove l ' anything. We're saying: today, if you change a taxpayer's tax I ! responsibility or the -- the valuation of his buildins, that you, I as the assessor, are required to produce, if he gces to the I I appeals processy the records from whëch you made that decision. I That's not an unreasonable thtng.
PRESIDING OPFICER: (SENATOR DONAHUE) Further diseussion? Senator Molaro.
First of all, you use the uord ''immediate'' here. I assume -- are we talking about, when they say furnish lt, does he have ten days, five days? And if it's not immediater daes everything fall? So in other words: if it's requested by the -- the Board of Tax Appeals and you have the word ''immediately'' furnish a11 the requested records. Now, when you have this - and I can only call it a penalty, because it says you're going to throw everything out as capriclous - if tt's not tendered immediately, does it then become capricious? ThaE's part A. Let me 'get to part B. It says, ''The records shall be avallablez on request, to the taxpayer'' and Hcertify, in writtng,'' that evqrything is there ''complete and accurate''. If I have a taxpayer say: nWelly I don't think you have al1 the notes there. I don't think you put everythin: there. As a matter of fact, I'd like to depose your inspector,'' who makes the determination as to whether or not they're complete and accurate? Do you also -- going to come back in the springp and are we going eo have judicial revievr is it : ! adminiskrative review? Who's going to make that determination? : :
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Rauschenberger. 2 SENATOR RAUSCHENBERGZR: ! . ! As to the flrs: question, what Himmediately'' meansr in my mind ! I 72 ! I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 ''immediately'' means in due course for the appeals processp without ! delay. I'm not an attorneyz and Ilm sure courts may view any word I I we put in the General Assembly Statutes in a different way, but ' since the Assessor's Office already naintains this informatlon, producing the file from which you make a major assessment decision should not be a -- they donft have ta create any documentation. They only have to furnish the exisklng documentation.
PRRSZDZNG OFFJCER: (SENATOR DONAHUE) Senator Molaro. Should be. Speak into your microphone, Senator Molaro. Jusk a second. fe isn't on. Would you move to Senator DeLeo's microphone?
Thank you. The last question is theny if the -- if he fails to naintain or furnish the records required by this Sectlon: I just want to understand this, that I still don't know who determines that question. There's an 'q f'' there. So it says, ''If the assessnent officer fails to maintain or furnish the recordsd'. Are we -- are we settlng us up for all kinds of ecurt battles? In other words, as 1, as a taxpayer - okay? - T go in and I say, ''I'd like a11 the records,'' he eertifies them , turns them ovez. I feel as though theylre not camplete. So if Idm a lawyer and I Want to nake a 1ot of money, I eould just eome and get every person and say, ''We're goin: to file and say they're not complete. You're not tellin: the truth, or youfre not -- it's not correet.'' Do we just take -- as long as the assessor puts his name, that ends everything? Or can we go to court? Is it administrative review? Are we ent.itled to a hearing? Or is everybody in Cook County no? 9oing to go in court, because I know sone lawyers thab can get a hold of this and -- and make a ehole cottage industry out of this? 2 PRESIDING OFFICERJ (SENATOR DONAHUE) ! Senator Rauschenberger. : SENATOR RAUSCHENBERGER: i 73 ! ! 1 I STAQE OF ILLINOIS , 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I Senator Molaro, I appreclate your problem With the microphone. 1 Sorry you had to move over to Senator DeLeols and drive him aff. T hope you don't calk a11 those laWyers and get them all exeited, because to the best Of my understanding, this applies Only to the f adminiskrative process of the Appeals Board. So it Would not be an open court declsion. It's the Appeals Board that would 1 f determine whether there Was a complete record, and so it Would be 1 I I - - and that determination would be made based on if there was an j 4 . appeal filed. I PRESIDING OFFICER: (SENATOR DONAHUE) I ' ! Further dtscussion? Senator Cullerton. i ' j . SENATOR CULLERTON: j Thank ycu, Madam President, Members of the Spnate. This bill i . f Was presented to *he Rules Committee, in which I serve. It Was ! I originally going to be sent to the Revenue Com ittee: and there j was a motion made to send it directly t:o the Floor. And I r 1 questioned why we would be sending a bill like this directly to I I t:ê Floor slnce it contains, apparently: some neW languagez and T f was told by the Chairman that it -- it actually is the same bill I ! I that was considered in the past. And actually that's only -- now I that I've had a chance to look at it, only partlally true. ! . Everything from the bottom -- ory the middle of page 2 to paqe 25 1 I is a bill that we did consider in the past. 1* Was a blll i l 1 sponsored by Senator Weaver, and it recelved, I dcn't know, 1 fourteen votes, something like that, because it Was perceived as - I . ( rightfully or wrongfully - it's perceived by Ehis Body as a -- I some form of a tax increase. So that Was already defeated: and I I that's being revoted on now. But the only difference is, now we 1 I have this one paragraph that's been added dealing With the Cook 1 County Assessor. Let me just say, politefullyr that it's very, ( very poorly drafted. I think ik's fair to say that we've 1 . 1 recognized that this has some political ramlfications, or j 1 ! 74 I i ! STATB OF TLLTNOIS g 89TH GZNERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ' 1 implicationsr and that's probably why webre doing this on the last j day. The problem ls that when We pass these bills they -- they 1 actually have the effect of costing money. Not saving money for I J taxpayers, but costing money. The Assessor is goin: to have to I I administer this if it's signed. It's going to cast about tWo 1 I million dollars of additional personnelr of Cook County taxpayer I : money, property taxpayer money, 'cause that's, as you knowy where ! I the money comes from - and Cook County, if you've been reading 1 about their budgety doesn't have a 1o* of money because of the problems of khe Criminal Justice Syétem - and anobher million and a half each year thereafter. That's just the cost to the . taxpayers. The problems of administering this, as were pointed out, because of, obviously, the fact that thls thing was very poorly draftedr didn't go through a committee process, is golng to be incredible: because if you read this, as Senator Molaro and Carroll and Berman have pointed outw it cogld be that someone will have no assessment. Literally no assessment. Their appeal shall always prevail because of some technical administrative problem imposed on -- on the Assessor 'by this -- thia bill. Tt's a terrible idea. We shouldn 't be doing it. We dldn't even have -- ' j I nean, not only didn't ke have a committee hearing# but thank goodness we had some time to delay so we could at least read the ! I bill. There was a motion done -- even be able to read 1t. It's just absurdr and if -- and if -- if -- you knowr youdve had a ! ! couple of years, guys. Youdve had a ccuple o: years to pass ! something like this, and to ram it down our throat. Why you wait I till the last night while people's families are here gettlng ready I j ! ' d blic l for the inauguration tomorrow is beyond me. Jt s not goo pu 1 policy. Xou really ought to think twice and not vote for it. I 1 PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Hendon. ' SENATOR HENDON j : 1 f i 75 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 ! ; Thank you, Madam President. I kon't deal With the items that I are in the bill, because having just received *he Conference j committee Report, trying to read it and analyze it in ten ninutes I I I is just ridiculous. One of the first votes that I took Nhen I J cane into this Chamber was the vote to allow us the opportunity to 1 I read and have legislatian in our hands before Ne vote for it, with ! an ample amount of time. This is ridiculous. I am shocked at ! what T've heard... Madam President, if we could get some kind of ' decorum, 'cause I candt hear myself. PRESIDING OFFICER: (SENATOR DONAHUE) We Will, if you keep your remarks associated to the bill, . Senator Hendon. That's what it's about. SENATOR HENDON: Madam Presidentw I'm asking for some decorum in the Chamber. Now, being elected by the two hundred and fifty thousand people that T represent, I kant to make it çlear to everyone my disgust at the fact that we just received this. None of you -- none of us in this Chamber are doing the people of Illinois justiee by voting for something that we -- that we haven't even seen. It is preposterous. We have a responsibility to the people that elected us.and sent us down here, each and every one of us, regardless of Democrat or Republican, to at least know What's in this -- these ' documents before we vote on them. Now: I Wasn't here When the ! Democrats had the lead, but tf I was and they did the same thing, ! J would say lt was wrong then. It is wrong now. Everyone in this s ! Chamber know I will vote for a Republican blll, I wl11 vote for a Democratic bill. It makes me no difference. Dut at least the l 1 people of Illinois -- give the people of Illlnois, Senator I I Dillard, what khey sent and what theg expect all -- from al1 of l I us: The right for -- for them to know that *e, at least, knou ! 1 what's in here. Tt -- it is -- it is preposterous and it is j ' I damnable for us to say anythin: likey ''We1l, we got the votes, so j ' I 76 STATE OF ILLINOES 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7r 1997 I We could do Whatever the heck we wantv'l That is uronq, my friend. j ! That is wrong. One of the first votes I took, and some of the 2 I people on this side of aisle said I was wrong to take it at khat I I time, beeause i: vas one of the first thinqs that came up, but I r voted with the Republicans to give us the oppcrtunity to know , what's in a bill, to have it ahead of time, Madam Presiden*. And that's all I have to say. I Was prepared: and could have voted wieh you, Senator Rauschenberger, but there is absolueely no way T can vote for this now, because I did not take the Evelyn Woods speed-reading course, and neither did most of you in this Chamber. You owe your constituents better than this.
PRESIDING OFFICER: (SENATOR DONAHUE) Further diseussion? Senator Philip.
Thank youy Madam President, Ladies and Gentlemen of the Senate. I guess being one of the Qlder guys, sometimes I stt back in ny chair and listen to the wonderful debatey and I think about past history around here. And, of course, I've been here, I hate to say it, probably longer than anybody, and most of the time in . ! the Minority. Mosb of the time in the Mtnority. And of course, , you ran this place, and I can remember spendinq two or three davs on 2nd Reading, putting amendments that had no hearing -- putting ' amendments on bills that had no public hearing or were ktlled bills ln the past. And then I can remember 1, 2 or 3 o'clock in I ; the morntng on the last day uhen the Presldent of the Senate would 1 . f run over to ne and say, ''Here's a two-hundred-and-sixty-five-page l I conference committee report.'' And I would say, ''Well, what's in I I it?'' ''I don't Want to tell you.'' No heartngs. Nobody had any ! I idea whatsoever what was in that conference commlttee report. I ! None. Zero. Zip. And the comment would be, ''Well, if we don 't j I pass it tonight: wedre going to be here for another week or ten ! days.'' And that happened more than once. Where was a11 the I 77 I I I STATE OF ILLINOIS 89TH GENERAL ASSDMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 screams on the other side of the aisle for publlc hearings and ! openness? I think this is the first bill that we have had that I ! hasn't had a hearing. Every bl11 has had a hearing. Every ? I amendment's had a hearinç. Every conference committee had a ' ; hearing, and that's one great record and -- compared to When you ran this place. So, let's do the right thing for a change, and let's see a lot of green Ayes up there.
PRESIDING OEFICER: (SENATOR DONAHUE) Further discussion? Further discussion? Senator Rauschenberger.
I just want to wind up and answer a couple of real quick questions that were raised by the other side. I want to compliment, first, some of the lawyers ' arguments from the other side of the aisle. Buk -- but I want to caution everybody that lawyers' arguments are not Whpt thls bill is about. The bill has been in the computer for several hours. We did :et eopies out to people's desks. We're talking about a thirty-one-line change in the Statute. It probably represents about a hundred and seventy-five words. We're not talkipg about rocket science. But I -- you know, I agree, maybe it would have been nice if We would have had time for a public hearing. Tom Hynes is my Assessor. He's a good assessor. He's got his stuff together. Wasn't his fund-raising that won; it was your great candidates last time. This -- this bill is not about punishing hlm. It's about . : protecting the taxpayers. Now, the right to know what's in a bill : J is important and the right to know what's in your property tax I I assessment is equally lmportant. This -- this cleans up the ' 1 appeals process. Welre talking about a county Nith eight pereent I I of the land nass of the State of Illinois that has forty-six I percent of the EAV value. We 're talking about signature ! . ! properties, where -- they have to keep records on -- on the Sears ! 2 ! 78 I i STATE OP TLLTNOIS 69TH GENERAL ASSEMBLY REGULAR SESSION SCNATE TRANSCRIPT 122nd Legislative Day January 7r 1997 ToWer, Where the Value is in excess Of six hundred million I dollars. This is not rocket scientise. This ls sunlight on the ' ! process. So: althou%h, you know, youdre right, naybe -- maybe I I someone will lose the appeal, but the taxpayers in Cook County . : have the rlght to be protected in a system as large as Cook county. So, on that Section of the bill, I think it's a good Section. I do apprectate the -- the constructive and creative arguments. I yield to Senator Syverson. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Syverson, to close. SENATOR SVVERSON: Thank you, Madam President. Couple of comments. First of ally Senator Cullertonz regardtng the sales tax wording from senator Weaver, that language Was passed and was part of the original House Bill 2702, reducing *he size of the -- orz eliminating the population as far as sales tax . Senator Welch , this is the ultlmate ln unfunding mandates, with tax caps, with glving counties the opportunity: the option of saying, no: you don'e have to just ' raise property taxes; you have an option to qo : to the voters and say, do you Aant property taxes or do you want . ' ' sa1es tax raised, Yhen youdre trying to pass a referendum to help ! ' j with criminal justicer to help build the jails that so many ! l counties are sufferlng with. This is important legislation for ' ; mediun to small countles who need this kind of help. Tax caps I were overwhelmingly supporEed across northern Illinois. The ! i taxpayers sent a clear message that they want to have more j control. This legislation puts the control back where it belongs, ! ! in counties and with taxpayers. With that' T uould ask for a I I favorable Aye vote. I 1 PRESIDING OFPICER: (SENATOR DONAHUE) I ! The question is, shall the Senate adopt the Conference ! ' j committee Report on House 3i11 2702. Those in favor will vote ! l 79 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Aye. Opposed, Nay. And the voting is open. Have a11 voted NhO wish? Have a1l voted who wish? Have all voted Who Wish? Have 1 1 I a1l voted who wish? Have al1 voted who Wish? Take the record. / Thks -- the Conference Committee Report on House Bill 2702 -- oh, I I ' I yes. Sorry. I'm starklng -- have a1l -- on that question, there I are 26 Ayes, 30 Nays, and none voting Present. The Conference i i Committee Report is not adopted, and the Secretary shall so inform j I the House. Senator Syverson. ! I SENATOR SYVERSON: I l Like to ask for Postponed Consideration and a second . 1 I conference report. . 1 I PRESIDING OFFICER: (SENATOR DONAHUE) I ! Senator Syverson. I SENATOR SYVERSON: 1 / Like to restate that and go back. I just ask for a second 1 ! conference report. I ' ! PRESIDING OFFICER: (SENATOR DONAHUE) ë i The -- the Chair has already made that request. On Conference I I Committee Reportsr we have Senate Bill 350. Mr. Secretaryr do you J 1 have .on file a conference committee report? ' I j SECRETARY HARRX: ' I i First Conference Committee Report on Senate Bill 350. i I PRESIDING OPFICER: (SENATOR DONAHUE) I i Chair recognizes Senator Klemm. Senator Klemm. I 1
. 1 Thank you, Madam Presldent. Weêre laughing about my nicrophone over here. And other tbings, I khlnk. Conferenee Conmittee Report No. 1 has not -- does not include all the provisions that we wished to have it, and the -- as I debated the bill and explained lt to the Transportation Commlttee, We do have 1 j . a Conference Committee Report No. 2 on railroad safeey pending. 1 I So I've asked the Committee and, also, I'm asking the Body if you I i f I 80 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 would vote Present, reject Conference Commtttee Report No. 1. We'l1 have Conference Committee Report No. 2 following it, and 1,11 explain it in detail at that tiner as I did to the Transportatlon Committee. So I'd like to ask al1 my colleagues to vote Present on this bill so that it doesn't reflect a negative vote on their behalf.
PRESIDING OFFICER: (SENATOR DONAHUE) The questëan is, shall the Senate adopt the Conference Committee Report on Senate Bill 350. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have a11 voted who wish? Have a11 voted Who wîsh? Have all voted Who wish? Take the record. On that question, there are 5 Yeses, 4 Nays, 36 voting Present. The Conference Committee Report is not adopted, and the Secretary shall so inform the House. END OF TAPE TAP; 3
PRESIDING OFFICER: (SENATOR DONAHUE) Going to stand at ease, please. Rules Committee. Committee Reports.
Senator Weaver, Chair of the Committee on Rulesr reports the follouing Legislative Measure has been assigned: Referred to the Commlttee on Appropriations Senate Amendmenk 1 Eo House Bill 3695.
PRESIDING OPFICER: (SENATOR DONAHUE) On Supplemental Calendar No. 2, under Conference Committee Reports, is Senate Bill 825. Mr. Secretary, do you have oa ftle a 81 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Conference Conmiteee Report on Senate Bill 825?
Yes, Madam President. First Conference Committee Report on Senate Bill 825.
PRESIDING OFFICER: (SENATOR DONAHUE) senator Philip. SENATOR PHTLIP; Tbank youe Madam Presidente Ladies and Gentlemen of the Senate. Conference Committee on Senate Bill 825, as you know, is the Supreme Court Reapportionment Bill for the State of Illinois. And we have not reapportioned the court since 1963. been a long, vlong time. And What this does, basically, is creates neW boundarles for the Supreme Court; deletes existing judicial court boundaries; defines census information for remap purposes; and creates an implementation scheduley whlch corresponds With the end of terms. also provides a special -- judicial qlection when there's a vacancy that occurs. If you uould just look at the 1ù80 census, you would notice that Suprene Court District No. and No. 4 have lost population and that Distrlcts 2 and 3 have gained. In fact, the Supreme Court district that I happen to reside in has got over twiee as' many citizens than the District No. 4 in Southern Illknois. So it's long overdue. We should do it. Senator Petka is my cosponsor and I will 1et him answer all the legal and constitutlonal questions. But it's lon: overdue and we ought Eo do
PRESIDING OFFICER: (SENATOR DONAHUE) Is there any dlscussion? Senator Collins.
Thank you, Madam President and Members of the Senate. Question of the sponsor.
PRESIDING OFPICER: (SENATOR DONAHUE) Indicates he'll yieldr Senator Collins. 82 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOR SENATE TRANSCRIPT 122nd Legislative Day January 1997
Senator Philip -- or Senator Petka, ar Senator Philip. guess Senator Petka will ansker the questions here?
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Petka will respcnd. Senator Collins.
Yes. Senatorr in drawing these...
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins, could you wait just a second and allow Senator Petka to explain a little further yhat the bill is, and then 1111 eall on . you first? A11 right? Senator Petka.
Thank you very much, Madam President, and Mr. President. The Conference Committee Report on Senate Bill 825 creates new boundaries for the Suprene Court of the State of Illinols. As the Senate President has indicated, the impetus for change, as far as the boundariesy is very simply this: that since the last time that we have redistricted, Which was thirty-three years ago, the - - there has been a population shift in the State of Tllinois, most noticeably in the Senate -- in the Seeond Judicial District. Currently, there are one mllllon more people residing in the Second Judlcial District ehan in the Foureh Judiclal DkstrLck. The significanee of that is, simply, under the Illinois Constltuticnz Article VI, Section 2, the constitutional requirement in this State is that our judiclal districes be compact, eontiçuous and substantially equal ln populakion. By any stretch of the imagination havinq a -- a judicial district with one million more people than another judicial district would not be viewed as substantially equal in population. Additionallyz this legislation provides for a transition from the currentvoperation of the -- the Supreme Court, and the Appellate Courtr by simply setting up a sghedule for the Supreme Court in terms of the neW Senate 83 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY ' REGDLAR SESSION SENA'E TRANSCRIPT 122nd Legislative Day January 7, 1997 ! districts and the rights to retention in running from those ? ! districts. Additionally, it provides for Appellate Court judges j tohaveanoptiontochoosethedistrict they run in, provided 1 that the distric: that ehey choose to run in they had at one time been selected and elected to run from. The distridt -- the -- the mapproposalalsocreatesthreeSupremeCourt districts in Cook 1 County. Thisanticipatesa successfulFederal Court ehallenge to 1 UhPWaX bh3tWO Cuffpnblx PIPCESuêfepe COQrb jud%ps from COOk ( County. AS a Ratker Of lnfcrmation, today therp Was a lawsuit that was filed in the Federal District Court here in Sprlngfieldz which challenges the concept of at-large elections in Cook County. ' We believe that there is a significant equal protection argument j and we believe that we will be successful. During the course of I the hearlng in the Executive Commltteey a number of crittcisms ? were leveled about the process and about this map . The Supreme I Court, in 1978, sug:ested that the time had cpme to redistrict the I I judicial districts. It has been thirty-three years since ue have done anything in connection to redistricting. Just within the I i YAS: *8N daysr a PPrSOD WhO is --' WhO iS Currpnblx Sittin; On 1 I death row filed a challenge to the -- to the Suprem: Court on the : I basis that it was unconstitutlonally lmpaneled and selectedr in I i that Supreme Court Justices kere elected from distrtcts which were j not substantially equal in population. I'm nat here to project or Pre dict what may happen in connection with that challengey but I I I I think that the fact that there is this -- a -- facts to support a ' person on death row's argument is shameful and a shame on this J , General Assembly. There have been comments made that ke need more ; kime, *hat this thing is being run down at the very last moment. / I simply suggest this: Where have the prcposals been for Ehe last eiqhteen years? I had one in 1987 that Was tubed in what passed 1 ' for the Speaker's Election Committee in the House. But there has . 1 simplybeennoonewiththeeourage-noLeglslatlveBodywiththe ) I I 84 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Courage - ân the last thirty-three years to do what is right, and 2 that is to provide compliance with our constitutional mandate of I . creating districts Which are substantially equal in populatlon, / Which are compact and contlguous. In my opinion, We have done I just that. And I merely close by stating the followingr ! Para;hraSlng Fresidenb Reaian: If nOt us: Whom Will do this, and I if not now, when w111 we do it. With that, Mr. President: 1611 answer any questions. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Collins. SENATOR X OLLINS) . Thank you, Madam President, Members of the Senate. Question of the sponsor. Senator Petka, this morning, in -- I mean, this afternoon in committee, the question was raised whether or not consideration was taken -- that you took in consideration politlcal parties or race in the configuration of your mapsr and particularly those -- those three districts in Cook County. And you said of ccurse not, that you were concerned about that they be compact and contiguous, and that the populatlon, of course, be even throughout the State. Howeverr in lcokin: at the brief from the cas/ Ehat was flled this mornin: in khe United States District : Court, asking permission of that court to overrule our Constitution on whether or not you could divide the First Judicial I Circuit into three districts, and in that - and I'd like to read i ! from that, tbis -- this morning that you -- what youIve -- that you filed - it -- it -- it says that lt requires the election of 1 three judges of the Illinots Supreme Court from the First Judicial ! Circuit in an at-large eleetion, et cetera, et ceterar and then it / ( goes on to -- says that the Republicans are an identifiable voting I I group in the State of Illinois and an eskablished political party; : $ that they by their nature, Republican votersw are a political . I ! cohesive group; that since the enactment of the 1970 Constltutlon: I 85 STATE OF JLLJNOJS 89TH GENERAL ASSEMBLY REGDLAR SESSION EENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 ! no* a sin:le Republican candidate has been elected from the First I J Judicial Circuit as an Illinols Supreme Court Justice. Now, if 1 ! that is not based on, and motivated by, the need to elect a f Republican, then I don't know uhat is. You have it right in the 1 ! brief that you filed this morning in the courts. The other thing I is, when you look at the figures and the conftguration of those 1 distriets, you will see that race also played a major factor in E ' ! it, because the district clearly, clearly sets out one of those I districtsr District A, of eourser as a majority African-Americans ; or blacks, so that that district cany in factr be elected by a l I black. Now: I1m not opposed to having a blacky of courser sit on . 1 the Illinois Supreme Court. I would be a fool to be in opposition f of that. But the fact of the matter is# you are -- you are ! setting up a situatian here where we will definitely end up in ! court. And I'd like to also know whether or not ycu are familiar ' ! w1th the fack that the courts just rvled that we redo the Third 1 Con:ressional District in the City of Chicago for the same basic I reasons, because race and, of course, political concerns were a ! part of that configuration of'that districte and that would assure J I ! that this map will end up into court. So can you respond to the . ! question? You said that it was nct a faetor, but yet you filed in ' f court and you entered that as a part of your brief. I PRESIDING OFFICER: (SENATOR DeANGELIS) j Senator Petka. l ! 1 SENATOR PETXA : I 1 Senator, If11 attempt to answer the questions, but before I ' I :et to answerln: the question, I just would like to clarify 1 ' something in a statement that you say that I made. I stated that g the criterion that I used in connection With a suggestion that we I have a remap is that the dlstricts be substantially equal in I ! population, that they be compact and contiguous. In connection ( .. with what you have just raised as far as the petiticn khat was ' i 86 1 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY ; REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I I i filed or complaint in Eederal Court, those are -- those are f jurisdictional requlrements for a concept known as 'standin:f': and that is exactlywhy thatWas raisedzbecause it -- there is a j thresbold requirement that parties that file suits have to show some - for lack cf better term - standing to be able to file the suit. Now, in connection with the congressional map, I can tell you, I only have vague recollections. I know that someone has filed the suit, but I simply do not know the status of that suit. Do not know much about it, other than what I read in the nevspaper. PRESIDING OPPICER; (SENATOR DeANGELIS) Senator Colllns. SENATOR COLLINS: Senatory alsofurtherinthatbrief,you--you--youstated 7 thattheIllinoisConstitutionwasnotclearastowhetheror not 1 we would --ycushouldbeabletoelectthree--Imeanto--to 1 cutthaeFirstDistrictintothreeseparatedistricts. And have ( you forgotten that there has already been a ruling on the 1 constitutionalityofspllttingtheFirse Supreme Paurt District J into three? And -- and -- and if you are not faRiliar with khat 1 court ruling, I do have a statement from the case and the purpose, . / and here again, it points right back to whether or not this nap: . I in its current configuration, will definitely end up into the ! courts, and I'm -- I'm very much concerned about that. Are you familiarwith the case? 1 , PRESIDINGoeFIcER 1 : (SENAToR DeANGELIS) 1 Senator Petka. ! SENATOR COLLINS: f And the... ssxAToR psTaA: j I am famlliar wlth the case. I have read the case. I have a ' differentinterpretationofwhat the supreme court sald. The 1 7 87 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 question that was before the Supreme Ccurt ak that time had / nothing to do with Supreme Court districts. It did have I everything to do wlth appellate districts. There is 'dicta' - and I I that's the term that I learned in 1aw school - which states that - I the proposition that you stated is in -- is what the Supreme court I said. However, what I stated during my opening statement is that ! we -- there are a number of concerned citizens who believe that ! J the Illinois Constitution offends the Federal Constitution in that -- in the manner in which it provides for at-large elections in Cook County. PRESIDING OFFICER: (SENATOR DeANGELIS) For what purpose does Senator Fitzgerald rise? E SENATOR FITZGERALD: Thank you Mr. President, Ladies and Gentlemen of the Senate. I'd like to move the previcus questionr please. PRESIDING OFFICER: (SENATOR DeANGELIS) That is always in order. There are eleven more speakers. Senator Collins. SENATOR COLLTNSJ Thank you. Just to the btll: Let me just say that therels no doubt in my mind, and I'm sure khae Rost of the Members on this slde of the aisle recognize the need for us to address this issue. However, the process of drawing mapsy of -- of addressing this problem in a responsible way, takes more time than just two ar three people getting in a roon and deciding that this is what they are going to do. This is a highly technical issue. It most certainly need the expertise of -- of our legal seaff and legal people, oueslde consultants, to take a look and to make sure that this map, to the extent possible, Will pass the constitutional ' i test. And those of you who have been here for any conslderable length of tlme recognize that almost every map We draw here end up . ! in the courts. But, at least, we ought to try and do the very ! 88 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd LegislaKive Day January 7, 1997 best that we can to ensure that liti:aticn does not continue for years and years. This map is drawn so poorly, because you have not taken the time to deal With it, nor brought in the people With the expertise, sueh as from the bar associations, the various organizations and groups out there who have the expertise in drawing maps. You have not done that, because you're rushing it through for political control. This map is guaranteed to end up court, and sonebody have to pay the bill. That is irresponsible. We should not deal With this issue a lame-duck Sesslon: two days or forty-eight hours before the closing of thls Session. I think it's irresponsible, and we should not. And thls side of the aisle, hope you vote against
PRESIDING OFFICER: (SENATOR DeANGELIS) Channel 3 has asked permlssicn to videotape the proceedings. Is permtssion granted? Permission is granted. Senator Berman.
Thank yous Mr. President, Ladies and Gentlemen of the Senate. would point out to you that the present makeup of the Illinols Supreme Court are four Democrats and three Republicans. And with that split membershipr the case that was referred to: Chicago Bar Associatlon versps State Board of Electionsz in 1990, that decësion that ruled that the First Judieial District should not be divided into subdistricts was a unanimous court decision. Four Democrats and three Republlcans agreed thatr under the language of the Constitution, there should not be a diviston the First Appellate District. Now, would hope that that same klnd of unanimity would prevail when the question of whether Senate Bill 825 is constitutional or not comes before the court. Because what this bill does is to not only divide Cook County, but it expands Cook County. As I read Ehe map, one of the districts w111 take in not only part of Cook: but also part of adjoinins counties in the selection of one of the Supreme Court members. 89 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Leqislaeive Day January 7, 1997 just want, again for the record, to read Article VI, Section 2 of the Judicial Article of our Constitution. It's very short and it says, quote: ''The Seaee ls divided into five Judicial Districts for the selection of Supreme and Appellate Court Judges. The First Judicial District conslsts of Cook County. The remainder of the State shall be divided by law into four Judicial Districts of substantially equal population, each of Which shall be compact and composed of contiguous counties.'' Unquote. Ladies and Gentlemen, I susgest to you that, in keeping with thetr interpretation of Appellate Court districts and the very clear language of Article VIy Section Cook County must be an undivided district from which three Supreme Court Justices must be elected. That is Nhat the language says. That is what the Supreme Court has said as recently as 1990 in Chicago Bar Association versus the State Board of Elections. In addition, I would suggest that the sponsor of this legislation, senators Philip and Petkay probably ought to renove it -- take it out of the record until we see What the lawsuit which was recently filed, what the decision is, because until then, you are asking us to vote contrary to the plain language of the Constitution and to the previous decision of the Illinois Supreme Court. So would suggestr that for those reasons that have just announced, that we should either vote No or vote Present on the passage of this Conference Committee Report. It is bad law. is bad common sense' and we should vote either No or Present. Thank you, Ar. President.
PRESIDING OFFICER: (SENATOR DeANCELIS) Senator del Valle. SENATOR dEL VALLE: Thank youy Mr. President. I think that What needs to be said, for the most part, has already been sald. But, Senator Petka, you indicated that it's been thirty-three years since wedve dealt with this issue, since the lines have been redrawn. Is that correct? 90 STATB OF TLLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.
Yes.
PRESIDING OFPICER: (SENATOR DeANGZLIS) Senator del Valle. SENATOR dEL VALLE: Thenw a comment. Wedve uaited thirty-three years, and you indica*ed that the reason it hasn't happened is because the courage w#s not there for the Legislative Body to take this issue on and that thlrty-three years has gone by. I ask you' uhy Wasn't the courage there on your side of the aisle in this Chamber and in the other Chamber to put this issue out on the table at the beginning of the Session, and instead - because, say to you, there was no courage on your side of aisle - you brin: it up on the very last day, just a couple of hours ago, and bring a map ko this Chamber that most of the Members had not have even seen until a couple of hours ago. Where kas the courage? Why uasn't the courage there to do that? Why are we basically laughing in in the faces of of Illinots voters by bringing forth what sham? It's a map that obviously is nat going Eo hald up. It's a map that has a 1ot of technlcal flaws. There are problems. It's in violation of the State Constitution. We're going to be litigating this. There's going to be tremendous expense to the taxpayers. And yety I think most of us agree that it's something that we ought to look at: that the distribution of the population needs to be looked at. But there are other matters that are of concern. Whak abcut the distribution of racial population? This is clearly a partisan map. It's clearly kor the sole purpose of gaining a Republican majority ln the Illinois Supreme Court. That's tts only purposey and think that's wrong. Let's do this right. Let's look at Let's see khat the courts say about 91 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Cook County and dividing up of Cook County, and let's Wait for that decision and then proceed and do it rlght.
PRESIDING OPFICER: (SENATOR DeANGELIS) Senator Cullerton.
Yes. Thank you. Would the sponscr yield? Senator, I'm tryinç to figure out, you could help me here with the effective date of this bill and the effective date of when this really goes - - means anythlng, terms of, perhaps, When is the first election that is affected? Does the bill itself have an immediate effectlve dake, if it 's signed by the Governor? Does become the law right away? Could you answer that for ne?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.
Thank yqu, Senator. The bill has an immediate effective date. The transltion schedule that that I alluded to during my opening remarks is found on page 50 fsic) (12) of of the legis'lation. It provides for electlon and selection Supreme Court Districts 1A y IC and 3 in the year 2000: in the year 2002 in lB, 2 and 4 (sie), and -- 2 and 5) and in -- in the new Appellate District -- or, Suprene Court District -- Judicial District No . 4 in 2004. Additionally, there is language in here that any Supreme Ccurt Judge retains the right to retention. That there is a process that we have placed in this legislation to assert that right. Additionallyr al1 Appellate Court judges in those districts where there has been a change have an optiln, and that option is exercised by simply making -- an election for retention at the time that the term that they were elected to is up .
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Cullerton. SENATOR CULLERTON) 92 STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION . SENATE TRANSCRIPT 122nd Le%islative Day January 7: 1997 Okay. So the first election that thls will affect is in the I ! year 2000. so we have to hurry up and pass it today. The question ! ! Ihavefor you, then, with regard to retention is: You've J apparently taken Justice Heiple and Justice Miller, based on Where they currently reside, and you've put them in this new Fourth . 1 ! DiSLEICL and EhO Third Dlstric: -- the neW Third Dlstrict has no p Supreme Court Justice residing in it today. If the year 2000 I ' I comes along and thatls the first election and that I believe is I for No. 3, nobody lives in there, no incumbent lives in there, I does that mean that Miller and Heiple can elect to be retained -- I : ! or stand for retentionr and do they get retained under their old 1 districts or are they to be retained by a different electorate 1 than that which first elected them, and uhtch one has tc move? I PRESIDING OFFICER: (SENATOR DeANGELIS) l ! Senator Petka. I SENATOR .PETXA ) I: ! Senator, thank you for asking the çuestlon. There will only I be one vacancy, the vacancy will be in the Third Judicial ! District. The person who currently represents the Third -- I ! signlffcant portions of the Third District is Chlef Judge Janes ' j Heiple. If he chooses to exercise his right to -- to run for 1 retention, he may be, if he'd -- by filing the papers, he may run I ln the Third Distrlct; he will then have to move to that district. f : I That -- I miqht addy that's not disssmilar to the process that is i I ! generally followed in legislative redistrtctlng.
PRESIDING OFFTCER: (SENATOR DeANGELIS) Senator -- Senator Cullerton. SENATOR CULLERTON: l Okay. And -- and, you knowz these ideas -- these questions I'm raising are not just mine. I received a letter from the i Illinois State Bar Association and from .the Illinois Judges 1 . 1 Association, Where they, kind of naively perhaps, suggested that ' j I I 93 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 122nd Legislative Day January 1, 1997 there by some -- some more time between a quarter to twelve this I 1 morning, when this was filed, and -- and today at five to seven, / when we vote on it, to have a chance to look at the nap. But they ! I did ask that we at least consider and ask these questions concerning the new circuit boundaries. So if -- since there's . going to be new eircuit boundaries, the question's raised: Is -- is -- are we taking away the people 's right to elect and retain judges? If a judge is elected or retained from a current circuit, can the Legislature force these judges to be elected or retained from a different circuit? They seem to *hinky that is the 3ar Association suggestsr that the Legislature cannot take these . judges away from ehe voters who elected them or retained.them. The other problem is overlapping Supreme Court districks, which I -- which I talked about. When you pass a 1aW immedlately -- have the immediate effective date of -- and the Governor siîns it, it's the law. The Third Supreme Court Distriet does not have a Supreme Court justice residin: in that district. They dldn't -- and -- and so the questionr I guess, is wheeher or not voters are ' unrepresented under this map and there'll be additional litigatlon. I guess litigation is okay, but what about the pending cases and what about the criminal convlcticns that have , been obtained in certain judicial circuits? The -- the Illinois Judges Association talks about the fact that staffing and retention are tled to the circuits. The number of full circuit r judges is -- is determined by the size of the ctreuit. The -- the ' I number of associate judges is dekermined by the clrcuit, based on 1 workload. All circuit judges run for retentton in a11 of the ! countles which form the circuib. In redistricting the Appellate 1 I Courtr the -- the Legislature has to be cognlzant of the I importance of the structure of the circuits that they play in the I organization of the court. And, I guess, if youIre sayinqy 1,We:k)., ! .. I . that's not qoin: to take effect untll three years from nowl': then I 94 I I I STATE OP ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 122nd Legislative Day January 7, 1997 why -- why do it the last dag of th8 Legislative Sesslon? The ' I last two redistrictings , by the way, were done, I believe, at a Constitutional Convention, where there Was not such a, if you will, a -- a partisan -- or: at least a biparttsan effort was -- Was made to draft the boundaries. And so those are the reasons why I -- T raise these questions. Theydre really more proeedural. / I think we're -- wedre pretty much aware of the -- of the partisan I I issues that are involved. It's clearly unconstitutional, as -- as I under current Supreme Court rule, to do this this way, and youfre ! obviously hopin: that thfs somehow will get to the U .S. Supreme I Court. It does cause incredible confusion in the court system. There's going to be a cost. There's no question about that. The . cost -- I'm sure you donlt have a fiscal note, but to change -- cause you just had a nap this morning, probably for the flrst time, but where the -- khe new circults are going to be housed and the -- the massive anount of -- of modifications of Where people lâve and work is -- is going to be enormous. There, obviouslye ' has been very little public input. And -- and by the way, the census population -- the c/nsus figures that's used is 1990: from I what I'm told. And the Commerce Department has 1995 census I bigures khat -- that could have been used. And When you look at I I the '95 census figures, by the way, that we have tried to very J quickly apply to these, you get -- :et thrown offp dramatically. 1 In fact -- so if youtre -- if you're goal here is to have kind of I a - - a one-person, one-vote for those areas outside of Cook, I you're not accomplishing it by using 1990 census figures. So for ! those reasons, I think, for the reccrd, it's pretty clear that this lsnot the way togo about doing it. We'vehadatleast two / years. I expected it two years -- within the last two years, not ! the lastday,Idldn't expect. I expected two years and we'dhave 1 an opportunity to at least have a debate about it and then We . could lose. But now we have a situation where we 're thrown -- 1 95 / 1 ! . STATE OF ILLINOIS ' 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Leglslative Day January 7, 1997 l we're thrown in the last second to try to constder it: and it's l ' once again, and I would remind you, and this is going to be like deja vuy it's not the way to do it, thls -- on this last day. 1 / PRESIDING OFFICER: (SENATOR DeANGELIS) l Senator -- senator Welch. '
Thank you. I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR DeANGELIS) Sponsor says he will yield.
Senator Petka, on page 18 of the Conference Committee Report, parasraph says that 'If...a judiclal district has nore than 6 appellate judqes, a vacancy that occurs in that judicial district shall be assigned to and filled in the judicial district having the fewest appellate judges...'' Could you tell me# hoW many appellate judges are in each of the Districts 2, 3, 4 and 5, and . who uould be affected by this provision, first?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka. '
Senator Welch, there are six elected judges in each of the Appellate Court districts. . PRESIDING OFFICER: (SENATOR DeANGELIS) : @ Senator Welch. i
. ! Well, your bill says that: If: as a result of Ehis Act, a I judicial district has more than six appellate judgesy a vacancy I I ehat occurs in thae judicial distriet shall be assLqned and filled I : in the judicial district having the fewest. So hoW is -- hoW is j that going to workr if -- tf youdre cutting out -- I know youdre I cutttng out two judges out of khe Third, one who's down in Peoria . County and one who's over in the west side of the district: I 1 I 96 1 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Leqislative Day January 7, 1997 think Mnox county, so that would leave four restdent judges in the J I Third. So the other two Would live in the Fourth. So I'n not I sure how -- how would thls provision work? : PRESIDING OFFICER: (SENATOR DeANGELIS) Is that a question, Senator Welch? SENATOR WELCH: Yes. PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka. SENATOR PETKA: Thank you, Senator. At .the time that thelr kerm of office explres from thebr election, they then have the right to make a decision under this legislation as to whleh judicial dtstrict they will stand for retention. If they make an election and that results in a disparity in terms of the numbers that we have set, then we are makin: a requlrement that there be an assignment naie from the Supreme Court to equalize the -- the number of judges. PRESTDING OFFICER: (SENATOR DeANGELIS) Senator Welch. ' SENATOR WELCH : So, for instance: Tom Romery former State Rep, waB just elected in our -- in our Qhird District and he lives down in, I believe it's Peoria County. Now When his term is up, let's Bay he decldes to run for retention ln tbe Fourth Appellate District and he gets rekained. That ncw gives the Thlrd District only five appellate judqes. So the Supreme Court can then say, HWel1, wefre assigning you back to the Third,'' even though when he ran for ' retentlon, he wasnlt retalned by a single voter in the Third Appellate District? i ' I PRESIDING OFFICER: (SENATOR DeANGELIS) ! . Senator Petka. ! SENATOR PETKA: I 97 I p STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Leglslative Day January 7, 1997 Senator, the answer to that is yes, and very candidlyr they 1 possess that pouer right now. The Supreme Ccurt possesses that I power right now to do just What you suggested. I PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Welch . E SENATOR WELCH: Well, that doesn't mean it makes much sense. The other thing, you know, khen you were talking about how much courage the Legislature had in redistrteting these, as I recall, durlng the redistrictin: days, we asked the Supreme Court khat they uanted to do and they dldn'k partâcularly want to redistrict the Supreme Court or the Appellate Courts. So they Were asked, simllar to our letting Congress redisbrict their oWn maps, we let them drak their maps. I belteve We asked the Supreme Court if they wanted to draw theirs. They didn't want to make any changes. So I think that, you know, saying who does and who doesn't have courage, I'm -- I'm not sure we're lcoking at the correct Body ln -- in maklng those remarks or polnted statements. I -- I think that this needs a lot more work beeause of the -- the nature of thes/ draaatic changesr and I think *e should be voting No. Thank you. PRESIDING OFPICERI (SENATOR DeANGELIS) Senator Demuzio. SENATOR DEMUZIO: Thank you very much, Mr. President. I'd like to ask the sponsor a question, if he would yield, please. . PRESIDING OFPICER: (SENATOR DeANGELIS) ' : Sponsor says he will yield. 4 SSNATOR DEMU2IO; I Question of the sponsor. Senator Petkaw did you -- do you ! know what the title of Senate Btll 825 was when it was first I . introduced in the Senate in March of 1995? Actually, 1'11 save ! ' ! you the time and tell you that the title of senate Bill 825 was ! 98 I I STATE OF TLLTNOTS 89TH GEHERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ''AN ACT to amend the Judicial Districts Act by changing Section I 1H Do you know What the title of the bill was when it Was 1 ! amended in the nouse? The title of it was -- senate Bill 825 was I ' ''AN ACT *o amend the Judicial Distriets Act by changing Section 1 I 1.,' Do you know What the title of the bill Was When the House I refused to recede froœ its amendment and the bill was directed to ' conference committee? 1'11 tell you. The title was -- of Senate Bill 825 was, 'AN ACT to amend the Judlcial Districts Act by changing Section 1.'1 At this time I would like to read from the Conferenee Committee Report on Senate Bill 825, lines 13 through 17 (sic) (18). I quote: ''by replacing the title with the folloving: 1AN ACT concerning Judicial Districts'; and by replacing everything after the enactlng clause with the following : Section 1. Short Title. This Act may be cited as the Judicial Redistricting Act of 1997.'' Senator Petka, this is the first day for this Chamber to eonsider this Conference Committee Report. Is that correct?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka. ' SENATOR PETKA: , ' ! Yes. ' !
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Demuzio. I SENATOR DEMUZIO : ! Let me request a ruling from the Chair then, if I might, Mr. ! I Prestdent. This Conference Committee Report doesr in faet, change I the title of the bill, as tndicated by Senator Petkay and this is ! 1 the first day that this Chamber has had an opportunity to constder ! this Conference committee Report on Senate Bill 825. Therefore, I p would ask for a ruling from the Chair as to whether this Chamber l ! may vote on this measure at this time, because the conference 2 Commlttee Repork becomes the bill and changes the title of the I I : 99 i I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 2997 bill, which has not been read by title on three different days in I this Chamber as required by Article IVp Sectlon 8(d) of the f Illinois Constitution. PRESJDTNG OFFZCER: (SENATOR DeANGELIS) ) ' j .v . Demuzio, a1l the constitutional requirements of this bill I have been met. The bill has been properly presented before the ! ! Body. Senator Demuzio. ! SENATOR DEMUZIO: ' That is your ruling? PRESIDING OFFICER: (SENATOR DeANGELIS) That is my ruling. SENATOR DEMUZIO: Can you site the rules for that particular ruling: so I might eheck my rule baok? I have my pencil out. PRESIDTNG OFFICER: (SENATOR DeANGELIS) Senator Demuzio, that is the ruling of the Chair. and if you want to appeal it, you may proceed. SENATOR DEMUZIO: Yesz I would like to appeal the ruling of the Chairy if thaty . in facty is the decision that you have rendered. Mr. -- Mr. f President, it's quite obvious that this bill has not been read ! three times, but you qo -- go ahead. I want to appeal your ' ! ruling. I PRESIDING OFFICER: (SENATOR DeANGELIS) I I A1l right. The questicn is, shall the ruling of the Chair be I sustalned. A11 those in favor of sustaining the ruling: vote Aye. I Al1 those opposed to sustalning *he ruling, vote Nay. And the I f votinq is now open. Have all voted who wish? Have all voted who j Wish? Take the record. On that questionw there are 33 Ayes, 25 I Nays. And having to -- failed to receive the necessary three-fifths negative vote the appeal fails, and the ruling of the Chair is sustained. Senator Demuzior do you wane eo contlnue I 100 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 122nd Legislative Day January 7, 1997 I I proceeding -- asking yourself questions? SENATOR DEMUZIO: It seemstomeyouhadthirty-threevotes,Whichismorethan p neeessaryinorderforyoutowinonthisissue. And, therefore, j I Want to discontinue my remarks at this moment. 1 I PRESIDINGOFFICER: (SENATORDeANGELIS) l 1 Senator Molaro. 1 SENATORMOLARO: f Thank you, Mr. President, Ladies and Gentlemen of the Senate . You know, probably one of the -- one of ehe best things we hold I dear - at least I did When I Was younger - and I think still ' enjoys some semblance of trust in this country is the Supreme ! Court. I meanr when I -- I think when old Warren Was there, With I j that flowing white hair, if I have the riqht guy, I mean, seeing him kas amazing. One of the best things I like about the State of ' ! the State Message is when the Supreme Court Justices come in. I didn't like when they camein last year, 'causetheydidn'twear ( their robes. I don't know if anybody else noticed that. They used to wear their robes.And I always thought that the Supreme Court ( . Was almost sacred. ïou ever go to their building? It's -- itls - itls an unbeâievable,beautiful buildingyand we hold them in .. . 1 I . such high esteem . So it did -- did make me feel kind of bad when I saw these articles in the Sun-Times that kind of usurped the authority of the Supreme Court or put them in a light that lowered their esteem . Now, the sad part abcut it kas, the Sun-Tines - I don'tknowifChannel5wasinvolved,whoever-theSun-Times had p a potnt. They -- they had a polnt. You look at our State Constttution,ifanybodycarestoreaditanymore, and it says, f the State is divided into five Judicial Districts for the j selection of supreme Court Justices. The First Judicial District consists of Cook County and then there 's four others, and ik says, three are elected from Cook County, and four others fron four I l0l ' j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 circuits. Now, I don't know when that kas put in. I don't know if that was the '70 CON CON . I don't knoW exactly when that went in, but that's the Constitution. That's the way it is. Now, happens to make it that that may, in fact, violate the equal protection afforded under the United States Constitution, because us in Cook County, a district I may be voting - and I'n voting for one of khree at-large - khere you men and women who don't live in Cook County, only get to voee for one. Now if we cut up Cook County and we make lt three -- three judicial circuttsr that doesn't make sense either, because the population is still unequal. Wedre not going to three and then each one of those is . going to equal the population of each one of those four. Probably ehe falrest thing to do would be to cut it up into seven districts throughout the State. That would take care of a11 the equal protection. There's only one problem: We, here in the General Assembly, we don't have the authority to çhange the Constitution on the last night of a General Assembly With thirty votes. It can't be done. It's -- and a lame duck at that. mean lt can't be done. You cannot take the Constitution and change it. It's right. We have to look at the way this is being done with the Supreme Couit, because the integrlty of the Supreme Court should be supreme. No pun intended. But let me say this, one thing always gave credit to my Republican colleagues and the President, I might add, of the Senate is that he had the courage of his convictions. There were two years. There were some major changes done in this State. I didn't agree with a11 of themz but he said, HI was elected President. have the votes. I'm here to make major chanqes.'' And major changes came. Wedll find out if it's better for the State. I don't know. don't think so, and I didn't then and I don't now. But he had the courage to come out. To come noW and talk about the Supreme Court, and bring lt up under cover of darkness, at seven o'clock at night, on the last day of Session is l02 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 acting like thieves in the nighe, and you come not to change the Supreme Court and make tt fair under the United States ! Constltution, but to steal a seat on the Supreme Court and change it from Democrat to Republiean. That's a1l you're doing, and it's ' I not right. You don't play with the Supreme Court like that. I I I know the Constitution of thts State may be wrong, and I feel it l i I may be wrong, but there's one problem, under Arttcle VIII (sicl (XIII)r Section 3, here's What it states: Each -- each prospectlve holder of a State office, before Eaking office, shall i take and subscribe to the following ' oath: I do solemnly swear to E ! support the Constltution of the State of Illinois. We took an . ' oath. It's not our job to Bay, 1,We don,t like what it says, so / I we're golng to go out and change it.'' The Senator -- the sponsor frcm Plainfield, he knows the law. He's one of our most learned colleagues. He sald they filed a suit today to challenge cur I I Constitution and say that it's not protqcted or that we violate the United States Constitution. Well, that's tieir prerogative. We can't do that in this Chamber. We, as Legislators, do not ! ! decide that, ke don't like the 'constitutionr we think it's Wron: ! so we'll pass laws in violation of it. We swear to uphald it. And to act'this way is incorrect. Wr're acting like thieves in the night, and it's wrong and this should be a No vote. PRESIDING OFFICER: (SENATOR DeANGELIS) ! Senator Geo-Karis. SENATOR GEO-KARIS: . Mr. President and Ladies and Gentlemen cf the Senate, the / i ! statement that we act -- ''Wedre acting like thieves in the nightrl' you haven 't seen anything unless ycu were here the first -- about four years ago, six years ago. You want to talk about thieves in ; the night? I can tell you there Were thieves in the day and thieves in the night. So let's not get too overly carried awayr because I have the highest respect for ny colleague over there. i! 103 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 You know, nembers of the Bar Associattony the State Bar and the Chlcago Bar came before the conmittee when we were hearing this bill and objected to it, and yet, those very members have also sent us legislation to look into it. Why didn't they come out vith the feasible solution? In thirty yearsy we haven't had any. And speaking about the Constitutionr the Constitution of Illinois was passed, I believe, in 1971 -- 1972. There have been great population shifts as it is, and you can 't tell me that my distrlct, my county, uhich is abcut close to s1x hundred thousand people should be lumped toqether with Dupage County. I don't Wpnt Dupage County in my district franklyz.because ycu don 't have a balance of proper votlng by the Supreme Court of the United States, and that is the final judge, nct the Supreme Court of Illinois. Yau kncw and I know, khen you talk about this being just give -- sent to you just at the last minute, how many tlmes have we had received, under your administration, a thick, thick volumes to read ae the last minute vlthoue a proper hearing? I think youdve had a qood hearing in the -- ln the Executive Committee. Everyone Was heard. We know what it amounts to. 'It means that we should be fair and we shculd apporeion the districts the way they should be. And it's high time ke voted on it, and r'd like ta speak ln favor of this bill. And by the way, there is a severabillty clause. If there's something some parts that are bad, this report contains a severability clause in case any individual portion's found ko be defective and it does have an immediate effective date. So letls stop foollnq each other. The -- you're playlng politically on this. Let's do what the people really need. Let's have fair apportionment of the judicial -- judicial districts, and I speak in favor of it.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Severns.
104 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ! Thank yodr Mr. President. Would the sponsor yield for a ; question? PRESIDING OPFICER: (SENATOR DeANGELIS) Sponsor says he will yield . SENATOR SEVERNS: Thank you, Mr. Presidenty Members of the Senate. I don't want to belabor this point, Senator Petka, and I know ke raised nany issues during the debate in the Executive Comnittee, which Were followed up with some questions by Senator Cullerton, but I Wluld still like to have the question answered, or at least clearer in my mind, and that is specifically as it relates to Justice Heiple. . Recognizing that Justice Heiple and Miller will be, under this proposed new map, in the same district and that Justtce Heiple's term expires prior to Justice Miller, and under the propcsed map will no longer reside in the distriet which he currently represents, how is it one seeks retention for a seat he does not hold? PRESIDING OPFICER: (SENATOR DeANGELIS) ' Senator Petka. SENATOR PETRA: . Thank you, Senator. As a Legtslative Body, we do not have the right eo dlvest an elected official from his office by -- by a Legislative Act. HoWever, the Constitution mandates that we redistrict to obtain substantially equal population in districts that are compact and contiguous. Were we to follow the logic that has been advanced not only in the Executlve Commlttee, but implied in some of the questions here, We wauld never be in a position where we could redistrict, because we would always be creating a sltuation where a person Who was elected to offlce would -- would . claim a vested right to be elected from that district for the rest of his eternal life. The fact of the matter is, that the transition schedule that we have proposed simply places us in a I l05 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 position where we -- we reccgnize the right to retention. We indicate that the right to retention -- the process that can be utilized to exercise this right involves the election of Justice Heiple, if he chooses, in the year 2000, to run in a Supreme Court vacancyr which Would exist in the appellate -- the new appellate district -- or new -- new Judicial District No. 3.
PRESIDING OFFICER: (SENATOR DeANGELTS) Senator Severns. i
Thank you, Mr. President. As a follow-up, Senator, first cf allr one point that you made that We as a Legislative Body don't . have the rlght to take away those positions t.hat have been elected, I would only remind the good Senator that that logic didn't follow through when it came to the Universlty of Illlnois Board of Trustees vote in this Body. But, on to the question: If Justice Heiple decides to seek election or reelection to the i Supreme Court in this newly created district for which there will be a vacancy, will he be seeking electionr or would he seek retention? Does he have the option to do either, or is he ! requlred to do one or the other?
PRESIDING OFFICER: (SENAQOR DeANGELIS) Senator Petka. ;
There will only be a vacancy -- as the individuals who noW are on the Supreme Court vith their restdencesw there Will only be a ; vacancy in the downstate distrlcts in Ehe Third -- *he newly created Third Judicial District. At the time that the Constitution ! provides for a elected Judlcial Officer to signal his intentionr Justice Heiple, under our Legislation, can make his electlon to run for retention. The only place that he could run fcr retention is in the Third Judictal District that would be created under this map. l06 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Severns. ! l SENATOR SEVERNS: ! Thank you, Mr. President. I know the hour is late and We stlll have much before us. I'm not trying to belabor this point, but, Senator, if he seeks retentionr he would be seeking retention l for a sea: that he doesn 't hold. How does one do that? PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka. i : SENATOR PETKA: I -- I beg to differ from -- Justice Heiple is -- is my Suprene Court Judge. Jn the nek Third Districtr he will continue ' to be, if he chooses to run for retention, my Supreme Court Judge. It is -- the analogy that I can give to you, Senator, is that this is very similar in the way that we, in our legislative ' redistricting, permit an -- an election to be made by those who I are currently holding offlce. That is, if there is any portion of ? the district from which they were elected, they can exercise their right to be retained by running in a portion of the district that 2 they were already elected . . ' PRESIDING OFPICER: (SENATOR DeANGELIS) . I ! Senator Severns. E SENATOR SEVERNS: The -- the key word therer Senator, is retentlon versus i 1 election. The fact of the matter isr his current residence, as è you know, would remain in the new Fourth District, which Justice Miller will still be serving. He Would have to be -- he would I have to nove, I presume. My potnt 1s, the seat he would seek, if he chose to seek a seat, would be in the newly created Third J District for which there is a vacancy . But we've been around on this question time and again and -- and the answer has not become . i r any clearer from -- from your explanation in this Chamber. Let me I 107 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 just ask this: Obviouslyy it doesn't take a rocket scientist to know that the real purpose of this bill, I suspect, is to try to gain or -- gain control by the Republican majority on the Illinois Supreme Court, but is it fair to assume that the secondary purpose of, or perhaps not even the primary purpose: is to dump Justice Hefple?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka.
Senator, 1'11 answer the question the same Way that I answered the question in Comnittee. I think that the answer is -- to me is self-evident. There is a disparity in population in this State. There has been a constitutional requirement that we have districts of substantially -- that are substantlally equal in population, are compact and contiguous. In trying to meet that eonstitutional requirement, we have proposed a map that does exactly that, and nothing more.
PRESIDTNC OFFICER: (SENATOR DeANGELTS) Senator Severns.
Mr. President, I Will try to krap this up very quickly.
PRESIDING OFFICER: (SENATOR DeANGELIS) Please.
The -- I don't think your answer is so clearz Senator Petka. I thlnk it ls clear that the real intent here, no* that I Nauld object, nor would probably most Members or perhaps any Member in thls Chamber objecty to dumping the Chief Justice Heiple. My question, of course, Was: Is that one of the primary purposes? I kill ask, what is the Governor's posifion on this legislation?
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka. l08 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997
do not know.
PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Severns.
will only close in saying that whlle I don't pretend to know a11 the leqal terms, nor certainly a11 of the Latin terms, I think the term ''res ipsa loquitur'' is very appropriate here, and I think the -- the bill and the legislatlon speaks for itself. While one goal is to gain majority on the Supreme Courtr seems to me that the real goal to get rid of Justice Helple. And, at leastz on that goal, I would agree with you.
PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Petka, to close.
Thank you, Mr. President, Members of the Senate. There's no human way that I can address all the concerns that have been raised by my colleagues on the other side of the aisle in connection with this leçislation. I just Wish that they Would understand that as an officer of the courty and I do practice lawy as a person who serves in the Legislative Body, that participatin: in something that should have been done eighteen years ago, in my opinlon, is a very high honor and a dlstinct privilege. But it also happens to be the rlght thin: to do. It happens to be the right thing to do, because right now, the Way we are currently constituted, we are permlkting seleceion and election of judges from districts that are simply out of whack and out of kilter. A Justice who is elected from the Second Dlstrict needs to be elected by a million more people than Justices from the Third, Fourth and Fifth, currently. Our Constitution says We should have substantially equal population districts that are compact and contiguous. Take a look at the mapr tbat's exactly what we did. l09 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 In terms of the -- the necessity for this type of legîslatîon' T don't think that anythlng nore needs to be said than for thirty-three years nothing has been done. For eighteen years since the Supreme Court of this State has suggested we possibly take a look at redistricting, no one has stood uP, walked to the plate and said, HWe think it's time to take a look at Arbicle VI, Section 2, and do what the people of the State of Illinois in 1970 said needed to be done.'' That is to have a Supreme Court of this State that is elected from distrlcts that are substantially equal in in population, which are compact and contiguous. And 1911 say it again, it takes courage -- it takes courage.for -- for many of us to stand up here and finally say, ''Enough is enouqh; the time has come to do the right thing.'' The right thing is a qreen vote, and I urge that.
PRESTDING OFFICER: (SENATOR DeANGELIS) The questlon shall the Senate adopt the Conference Committee Report on Senate Bill 825. Those in favor will vote Aye. And the opposed will vote Nay. And the voting is noW open. Have all voted Who Wish? Have al1 voted Who wish? Have a1l voted who wish? Take the record. On that questiony there are 33 Ayesr 23 Nayse 2 voting Present. The Senate does adopt the Conference Ccmmiktee Report on Senate Bill 825, and the bill, having received the required constitutlonal majority: declared passed. On Supplemental No. 2, under Conference Commlttee Reports, is Senate Bill 1696. Senator Rauschenberger, do you want the bill called? Read the bill, Mr. Secretary.
First Conference Ccmmittee Report on Senaee Bill 1696.
PRESTDING OFFICER: (SENATOR DeANGELIS) Senator Rauschenberger.
Thank you, Mr. President and Ladies and Gentlemen the l10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Senate. The Conference Commlttee Report before us authorizes Dupage and Lake County -- County Boards to authorize and collect a court filin: fee for civil cases to fund the construction and operation of children's waiting rooms in their courthouses. It was discussed at length in -- in committee. It's permissive. The counties have to pass it by their oWn resolution. The amount of ! the court fees is basically targeted at what they think a nlnimum operation of a children's Waiting area would be. It applies -- the fee applies only to civil cases. There Were no known ! ! opponents except fcr the Bar Association explicitly has concerns that We continue to add filing fees and that those are becoming a problem. They weren't opposed to this purpcse. They were opposed 1 i to continuing to use ccurt fees to fund things. I'd appreclate a favorable roll call. PRESIDING OFFICER: (SENATOR DeANGELIS) i Senator Cullerton. SENATOR CULLERTON; Would the sponsor yield? Sponsor yield? r 1 PRESIDING OFFICER: (SENATOR DeANGELIS) ' ' Sponsor says he will yield . SENATOR CULLERTON: . ; Senakor, you 've sponsored a number of bills tonight. Some of them have passed. Some of khem have not passed. Is this one l that's suppose to pass, or one that's not suppose to pass? j PRESIDING OFFTCER; (SENATOR DeANGELIS) E Senator Rauschenberger, to alose. SENATOR RAUSCHENBERGER: l : The -- the children of Lake and Dupage County would like you to see past the sponsor and -- and send this one on to the Governor. 1 PRESIDIHG OFFICER: (SENATOR DeANGELIS) The question is, shall the Senate adopt the Conference ! 11l r ( ' <v - - .. .. . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRTPT 122nd Leqislatlve Day January 7: 1997 Commlttee Report on Senate B11l 1696. Those in favor will vote Aye. Those opposed W111 vote Nay . And the votlng is ncw open. Have a11 voted who wish? Have a1l voted who Wish? Have all voted who wish? Take the record. On that question, the Senate does adopt the Conference Committee -- there are 48 Ayes, 8 voting Nay, none voting Present. The Senate does adopt the Conference Committee Report on Senaee Bill 1696, and the billr havlng received the required constitutional majority, is declared passed. Yesz Senator Rauschenberger.
Not pertaining to the bill, but I'd like to announce, We are pcsted for an Appropriation hearing, the room designated for it is Room 212, buey as I understand it, because of preparations for tomorrow, that Appropriation hearing will be held in Room 400. And I Would caution Members also if there's any cther committee hearings. And Appropriations will meet immedtately following the Executive Committee meetlng, which has apparently bumped us for a time slot in Room 400. So... PRESIDINC OFFICER: (SENATOR DeANGELIS) ' Senator Karpiel.
Thank -- thank you, Mr. President. The Expcutive Committee is meetin: again, but as was just announced, we will be meeting in Room 400. And immedlately upon recessing business here, we Will be meetinq in Room 400.
PRESIDING OFFICER: (SENATOR DeANGELIS) 0n Page 2 of your Calendar are House Bills 3rd Reading. On the Order of 3rd Reading, we have House Bill 207. Senator O'Malley, do you kish this to be recalled -- to return to 2nd for the purpose of an amendment? Senator O'Malley seeks leave of the Body to return Senate Bill -- House Bill 207 to the Order of 2nd Readlng for the purpose of amendment. Hearing no objection, leave ; 1l2 STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ' ; ! is granted. On the Order of 2nd Reading is House Bill 207. Mr. 1 Secretary, are there any Ploor amendments approved for conslderatlon?
Amendment No. 6, offered by Senator O 'Malley. PRESIDINC OFFICER; (SENATOR DeANCELTS) Senator O 'Malley.
Thank you -- thank you, Mr. President. House Bill 207, Amendment 6 thereto was heard in committee today. There are a number of provisions. 1'11 read them as efflciently as I possibly can. There's langua:e that deletes language in the School -- School Code that implies the State Board of Education is the authority to oversee the educational policies and guidelines of private schools. Adds a change to Public Act 89-622, which Was House Bill 3052: which requires students Who transfer school districts to serve any expulsions or suspensions prior to being I allowed to attend classes in a new school. This amendment exempts the Corrections school district frcm being required to honor a1l expulslonsr suspensionsr prior to providing educaLional services. ! There's language added that kas W 'orked out by the School Managenent Alliance with the State Board that clarifies that ! districts that -- must first serve two years on the State Board's Academic Warnlng Ltst priar to being placed on the Academic Watch I List. There's deletlon of language that was in original Senate Amendment No. 4 to House Bill 207, and which is part of House B111 207, that had been requested dealing with the executive boards of I cooperatlve programs. Deletes language in -- in the same Amendment, No. 4, to this legislation that prohibited the transfer of tax deductions between parents with -- with joint custcdy, and ! replaces Ehat provision with language that states that, in the case of jolnt custody, the resident dlstrict is the one where the 113 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 parent resides who provides the student with a regular flxed night-time place of abode; provided, that the election of a resident district nay be made only one time per school year. There's language added that Was requested by Carbondale High School District that requires school districts that must pay speclal education tuition payments to other school districts to make those payments on: at least: a quarterly basis unless the parties agree in Writinq to a different arrangement. The amendment requires the State Board to withhold a hundred and twenty-five percent, rather than a hundred and ten percentr of the remaining annual tuition costs fram the general State aid and immediately forward that amount to the distriet providing services, rather than waiting until the following June -- June 30th. Adds language extending the tax-equivalent grant received by the Chaney-Monqe School District Will County for four additional years. That district receives the additional State grant because of the presence of Stateville Prison. Adds language raising the debt limit for Triad Community Unit School District 2 in Madison County. As with the underlying legislation, Hous'e Bill 207, Senate Amendment No. 4 require for Duouoln a similar provision by a front-door referend'um . And -- and -- and again, the Triad is requlred to have a front-door -- front-door referendum, as well. And finally, adds new language requested by school dlstricts in Efflngham and Mt. -- Mt. Carroll. 80th of these districts received authorization to issue new bonds, but both cases, questions have come out as -- come up and been ralsed as to whether or not the public notices about the issuance of the bonds may have been in error. The language in this amendment was drafted by Chapman & Cutler and -- and intended to address the possibility of any future lawsuits related to errcrs in the legal notices. That's a11 they -- the -- al1 the provlsions in Senate Amendment 6 to House Bill 207. 114 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 i PRESIDING OFFICER: (SENATOR DeANGELIS) Any discussion? The question is -- al1 those in favor: say Aye . Opposedr say Nay. The Ayes have it, and the amendment is adopted. Any further amendments, Mr. Secretary? SECRETARY HARRY; No further amendments reported, Mr. Presldent. PRESIDING OFFICER: (SENATOR DPANGELIS) 3rd Reading. PRESIDING OFFICER: (SENATOR MAITLAND) Top of page 2 on your Calendar is House Bill 207. Senator O'Malley. Wish your bill called? Read the bill, Mr. Secretary. SECRETARY HARRY: ! House Bill 207. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR MAITLAND) . Senator O'Malley. I SENATOR O 'MALLEY: l Mr. President, thank you. I will not belabor the 'provisions or -- or re-explain the provisions of Amendment No . 6, which have ' g been added to House Bill 207, but I would go back and just summarize what provisions were in House Bill 207 as a result of J Senate Floor Amendnent No . 4, prior to the addition of -- of No. j 6, and -- and which remain unchanged by the provisians of Senate Amendment No. 6. There's repeal languaqe from the Hquality first'' . ! bill of last spring that dealt, unintenbionally' Eo impose a l nandate on private industry to provide worker's comp and unemployment insurance for students in voc ed proîrams. Allows, j E until January 1, 1998, the Duouoin Unit School District to issue debt up to twenty-seven percent of its EAV, provided the bonds are . issued for school construction or renovation purposes and have i i been approved by a front-door referendum. Adds four changes that l15 / i I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT lz?nd Legislative Day January 7, 1997 I were requested by the Chicago Schcol Board that deal With powers that, in the original School Reform Law of 1995, are scheduled Eo change after the completion of the four-year trial period. Very quicklyr those four provisions provide: Qhe first one would provide that the block grant program shall continue beyond 19997 I second one would provide that the collapse taxing authority shall continue lndeflnitely; the third one provides that the board's Powers to intervene in poorly performing schools shall continue i and not expire on June 30th, 1990 (sic); and the fourth one provides that the Inspector General shall rempin under the 1 auspices of the board .and be appolnted by khe Mayor. There is additional language that addresses the issue of placin: schools on the Academic Watch List. This lan:uage provides that ' schools that 1 . ! do not meet the standards of the academic performance measured by IGAP as specifled by the State Board may be placed on the Watch -- Watch List. Also provides that each district that has 4 school ; placed on ehe Watch List must have a school improvement panel appointed by the State Superintendent. And provides that State intervention powers may kick in after two yearsr as opposed to 1 four years. And last, but not least, adds technical language, requested by the Illinois Speech-Language Association, to clarify a change made last spring that allowed Chicago to hire I noncertified speech therapists. If there are any questions... PRESIDING OFFICER: (SENATOR MAITLAND) 1 Ts there discussion? Senator Berman. 1 SENATOR BERMAN: Thank you, Mr. President. After that lengthy descrlption, I I I just kant to add a sentence or two. The Chicago School Reform Board is ln support of the items that are in this bill. I want to thank the sponsor for his courtesy in working out some of the . technicalities in Amendment 6 that uere adopted, and I intend to vote Aye and support this bill. 1 . ll6 t STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 PRESIDING OFFICER: (SENATOR MAITLAND) i Further dlscussion? Further discussion? Senator O'Malley y to close, briefly. SENATOR O'MALLEY: Very briefly, I'd request support for this legislation. PRESIDING OFFICER: (SENATOR MATTLAND) The question is, shall House Bill 207 pass. Those in favor will vote Aye. Opposed, Nay. The voting is cpen. Have all voted who wish? Have all voted who wish? Have al1 voted who Wish? i Take the recordr Mr. Secretary. On that questign, there are 55 Ayesy no Nays, no Members voting Present. House Bill 207, having ; ! received the required constitutional majority, is declared passed. Okay. Top of page 2 is House Bill 999. Senator DeAngelisr do you Wish this call -- returned to the Order of 2nd Reading for the I f purpose of an amendment? Senator DeAngelis seeks leave of the Body to return House Bill 999 to the Order of 2nd Readinq ' for the '' j purpose of an amendment. Js leave -- bearinq no objectionr leave is granted. On the Order of 2nd Reading is House Bill 999. Mr. Secretary, are there any Floor amendments approved for I i . consideration? SECRETARX HARRY: ! l Amendment No. 3, offered by Senator DeAngelis. PRESIDING OFPICER: (SENATOR MAITLAND) I : Senator DeAngelis. i SENATTORDeANGELIS: hank youy Mr. President. Amendment No. 3 dpletes the bill J 1 and -- deletes al1 the rest of the bill and beeomes the bill. The amendment simply requires that the Cook County Board meet the same financial requlrements of fundëng the Office of Regional I @ Superintendent as a11 the other counties across the State do. Ik glves that Board oversight over the regional superintendent; and, ' third, has some clarifying language to ensure what the boundaries j 1 . 117 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 122nd Legtslative Day January 7, 1997 I of that regional superintendent's office are. I urge its adoption.
PRESIDING OPFICER: (SENATOR MAITLAND) It there discussion? Is there discussion? Senator Cullerton.
Yes. Would the sponsor yield?
PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he Will yleld, Senator Cullerton.
Senator, is there a estimate as to how much it Would ccsk to fund the superintendent's office?
PRESIDING OPFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: No, but it wouldn't cost any nore than what it would cost right now.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cullerton. SENATOR CULLERTON: ' Well, if I uhderstand the problem, first We -- to review the bidding here, first we abolished this offlc: for Cook County: then we established a regional superintendent for suburban Cook Countyr and the County Board chose not to fund it, and so wedre mandating that they fund it. And I'm just curicus how much money it Will -- it's estimated that it will be -- cost. Whether it's an obligation or -- or not, just curlous how much the -- *he amount is.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: It would cost no morey as I indicated, as it costs now. Probably around a million twoz roughly. That could be higher. ' 118 j i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 1 PRESTDTNG OFFTCER: (SENATOR MAITLAND) Further discussion? Senator Carroll. 1 I SENATOR CARROLL: Thank you, Mr. Presidentr Ladies and Gentlemen of the Senate. I rlse ln oppositton to this legislation. Partially, as Senator ! Cullerton just indicatedy at one time this was a bad idea coming from the Republican side of the alsle, to totally abolish an ? 1 i unnecessary office called the Regional Superlntendent of Schools, suddenly became a good idea in the suburbs only, and now I think 1 it's a bad idea for several reasons. One, it is, as Senator I ' ! DeAngelis so. ably pointed out, about a nillion two or a million . three in taxpayer dollars in the County of Cook that are not j ! necessary to expend. Two, it would be taxing, of coursey the Clty I of Chicago people within the County of Cook, who would get none of i these services, because this superintendent is suburban only. But i l those people Who reside in the City would haye to pay their Cook ' County tax to fund this suburban office. So then maybe you ought to look at what the suburban county comnissioners think about it. 1 If it's merely a harm to Chicago and doès nothing for 'em, T can understand ignoring the county commissioners who happen to re he City, but let's look at what the commissioner's who ! present t represent the suburbs of Cook County say, the vast majority of I whom happen to be members of the Republican Party elected as Republicans in the suburbs. Unanimouslyy the Republican I commissioners from the suburbs have opposed this legislation; have said, by resolutlon, Ehat Ehis should noE pass; and havê, by ! letterz Written to us, both sides of the alsle, and said, HAs Republican Members, we should not be passlng this legislation. It is unnecessary and it is too hard of a -- of a financial burden on l ! the County of Cook.'' I havey for those who wish to see itr the unaninous resolutlon including al1 of the Republican Members of the Cook County Board, and the letter Nritten by the Republican i 119 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 County Commissioner Silvestri. So I would thlnk we should a1l be opposed to this waste of taxpayer money, and particularly at a time when Cook County is having such a hard problem meetlng the budget for the jails of Cook County and the court systen of Cook County. Many of those prisoners slttinç in ccunty jail bein: State prisoners where the State has said to them , ''We eannot yet accept them in the State system; even though theylve been sentenced, you've got to hold then and you've qot to pay for 'em .n %o' add another burden is ridiculous, particularly when it's bipartisan in opposition by those most directly affected.
PRESIDING.OFFICER: (SENATOR MAITLAND) Further discussion? Senator Collins. END OF TAPE TAPE 4
A quegtion of the sponsor.
PRESIDING OFFICER: (SENATOR MAITL/ND) Indicates he will yield, Senator Colkins.
Senator DeAngelisy when the unfunded -- Republtcan unfunded mandate bill that required a three-fifth majority vote by this Body in order to impose a mandate on any local unit of government, with the exception, I think, school distrlcts were -- Were exempt, how did you vote?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelts. SENATOR DeANGELIS: 120 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I supported it, Senator Collins. ! PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins. SESATOR COLLINS: . I Thank you for your honesty. You did -- you did support it# I and all of the Members on that side of the aisle supported lt. ! / Butyet,you'reherewithan--isnotthisan unfunded mandate? 1 Andhowmanyvotes-totheChair-willlttaketopassit? l PRCSIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis, you want to respond first? SENAT.O R DeANGELIS: . Well, Senator Collins, itss not an unfunded mandatey because the only way that you could turn around and declare that as such is to abolish the duties of that offiee. The duties stlll exist. And the fact of the matter is, they have to be paid for. And they have existed from day one. The only thing We ever did is to abolish the officey not bhe duties of the offlce. We abolished -- we blew away Richard Martwickr but we left a11 the duties in place. So to suggest that's an'unfunded mandate, it's noty 'cause the work has to be done and it is beinq pald for, and it has to be paid for because the functions are still there. J PRESIDINGOFFICER: (SENATORMAITLAND) 1 ' Senator collins. I SENATOR COLLINS: 1 Senator, does the tax -- do the taxpayers of Chicago have the . benefit of the services from the suburban portion of Cook County 1 i Who Wanted this bill? Suburban areas. I PRESIDINGOFFICER: (SENATORMAITLAND) ) Senator Dehngelis. ' j SENATOR DeANGELIS: i I Well, if the regional superintendent only applies to suburban Cooky the answer is no. But let me advise you, Senator Collinsr l I i 12l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT i 122nd Legislative Day January 7, 1997 the City of Chicago Board of Educatlon Was invited into thls bill. In fact - Senator de1 Valle kncws full well - at one timer we came very close. It has never, in fack, souqht to be included in this. So there's no effort at a1l to dlscriminate against them . The fact of the natter is, is that the county, across the Stater pays for this functlon. And in some înstances, in fact, some of Ehose districts are part in one county and part ln the other. But it is not designed to turn around and -- and be punitlve. The fact is that the Chicago Board of Education chooses not to be included in this.
PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins.
Senator DeAngelis, to the issue here, if in fact that Chicago is not a part of it, notwithstanding whether they choose, or noty to be, because you have, on that side of the aisle, decided to pass any legislation that you want to to take control ovet any portlon of the City of Chicago, be it school districts or anything else that you -- that you 'decide that you want to do# in terns of takln: -- exerting your powers here, you couldy in fact, extend t'his to Cook -- to Chicago and -- and pay for it. But -- but you're not. This is strictly to have people in the City of Chicago, taxpayers, pay for some services, as you said are being provided, that they're not really receiving the total benefits of these services. And that's not fair. That ls taxation without representatlon. I -- and I knoW thak you know that. When you passed this laW, you should have, at that time, included a -- provisions to fund it. But we didn't, and so you shouldn't be coning back now, at the last minute, asking us to vote on an issue that would provide -- make Cook County pay for the funding of the services that they dre not receiving in the total district. .
PRESIDING OFFICER: (SENATOR MAITLAND) 122 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 1997 Further discussion? Senator Fitzgerald.
Thank you, Mr. President. Despite my considerable fondness for Senator DeAnqelis, have to rise in opposition to this bill. The Office of Regional Superintendent of Schools, in my judgmene, is totally and completely unnecessary. And I have to say that we haven't been funding this office -- or Cook County has not been funding this office, althouqh there is a regional superintendent. And I have had absolutely no complaints from any constituents. Nobody seems to care, except the guy who's in the office and, of course, would like to have his office funded. But -- think Senatcr DeAngelis does make a point, that we still have the dueies, or the created duties, that we've written in the Statute. We should abolish those, but we certainly should no* require that this office - this unnecessary office - be funded . I've gotten calls from Cook County Board nembers. They don't want it funded. Theydre against the -- the whole idea of having these regional superintendents. We abolished the offlce at one time; then we brought back the office; and now this bill would bring back the funding for that office, Which is unnecessary. We shouldn't fund it. Forget about it; it's unnecessary. Vote No to this anendment. Thank you.
PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Molaro.
Thank you, Mr. President. As stated eloquently by my colleague from Palatine, 1, too, have a fondness for Senator DeAngelis; however, must rise in opposition. And the only thing want to put on the record for thls is that: We passed this and the County didn't fund it; went to circuit court and the circuit court said the County does not have to fund it; and so we came up witb House Bill 999, and that's what We're doing. I -- l23 SQATE OF ILLINOIS 89T8 GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 didn't understand the office before. I still don't understand it. I don't know what's golng on here, but I -- I just donlt tbink we ! . I should force the taxpayers of Cook County to fund it. Thank ycu. ! PRESIDING OFFICER: (SENATOR MAITLAND) ! Further discussion? Senator Hendcn. I
Thank youy Mr. President. Will the spcnsor yield? i
PRESIDING OFPICER: (SENATOR MAITLAND) Indieates he Will yleld, Senator Hendon.
Senator DeAngellsz When the blll to abolish this office -- the vote was taken, how did you vote to -- on abolishing this office?
PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis. SENATOR DeANGELIS: I voted Aye. .
PRESIDING OFFICER: (SENATOR MAITLAMD) Senator Hendon. SENATOR HENDON: ' r Well, I -- I voted to aboliqh the office alsor and yesterday I voted against -- T mean, I voted against giving Cook County or any other county the right to raise their transfer tax on real estate without qoing before the voters. I thought that Was the right ! thing to do . But at the same time, to ne, it seems wrong to vote 1 to tie their hands on raising taxes and then give them a mandate that's going to cost a mlllion plus in revenue. T Ehink that j i that's a ccntradlctlon. And I would just simply remind the Members on both sides of the aisle that you can't voke for (sic) ! unfunded mandates and then gkve an unfunded mandate to the County of Cook. Qhls is an unfunded mandate, because what unfunded mandates means is simply we're telling another branch . of 1 ( government that they have to do something and webre not giving I 124 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 them the money to do it. It's as simple as that. Now, I I politicians can, you know, talk a1l kinds of Ways, and make you I think red is blue and green is yellow, but thae's *hat it is - l I it's an unfunded mandate. So be eonsistent, my Republican friends 1 ! and colleagues, do not vote for this unfunded mandate. ! PRESIDING OFFICER: (SENATOR MAITLAND) , Purther discussion? Senator DeAn:elis, to close. SENATOR DeANGELIS: Well, you know , it's really wonderful; people klnd of forgot how this thing first got seareed. J did have a bill, Senator Hendon, which you did not vote forr which abolished a1l superinbendents across the State and created fifteen regions to take care of atl these problems. This Body chose not to disband the regional superintendent's office. What they did in a cavalier fashion is to go ahead and say we will not have one in the largesty single regiop of any superintendent's district in the State of Illlnois - by almost ten times. Now I would tell you this, you want to go back, 1'11 go With you; weCll do ik tonight. Let's abolish a11 superintendents. Decause, if you're suggesting that we're putting a mandatç on Cook County, this is a mandate we put across the State. And the faet of the natter is, those people . have been asked to pay for that position. You cannot turn around ' - you cannot turn around - you eannot turn around - and defund ! I somethin: if you don't defund the function. There are about I fifteen functions that are performed by the regional l I superintendent. Now, if you kant to tell me whc's going to do I ! those, please tell mey and tell me how theyfre going to do lt for f nothing. Or maybe you want Frank Watson to pay for it. Or maybe I you wane Vince Demuzio to pay for ik. Okay? Okay, that's fine. / But to turn around and suggest that we can have this office and we I I can have these functions and ncbcdg 'o ' avs for it, reminds me of -' ''' ) . i somethin:s that somekimes ke engage in When We think We got 1 I 125 ! J STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 2997 somethin: for nothing. The fact of the matter is; I donlt like ! ! this anymore than anybody else does, but you have to certlfy j teachersr you have to test bus drivers, you have to transfer 1 I roperty, you have to transfer fundsr you have to do the GED I p I tests, you have to do all these things. NoW if you don't Want to I I do it, fine, get rid of a1l of them. But don't turn around and . not get rid of them and -- and not fund them. I urge an Aye vote. !
PRESIDING OFFICER: (SENATOR MAITLAND) Senator DeAngelis has moved the adoption of Amendment No . 3 to . House Bill 999. Those in favor, say Aye. Opposed, May. The Ayes have it, and the amendment is... Rsll rall has been requested. All ehose in favor of Amendment No. 3 to House Bill 999 Will vote . Aye. Those opposedy Nay. Qhe votlng is cpen. Have all voted Who wish? Have al1 voted who wish? Have a11 voted Who wish? Take the recordr Mr. Secretary. On that questionr there are 26 Ayesy 30 Nays, no Members voting Presenk. And the amendment falls. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendnents reported, Mr. President. PRESfDING OFFICER) (SENATOR MAITLAND) : 3rd Readtng. m..seeretary, have there been any motions filed? : ; Yes, Mr. Presldent. Senator Fitzgerald has filed a motion ' eleh respect to House Bill 2702. i PRESIDING OFFICER: (SENATOR MAITLAND) 1 Mr. Secretary, the Chair requests that these motions be I l printed on the Calendar. So ordered. All right. Ladie; and ! Gentlenen, having been distributed on your desk is supplemental ! ! Calendar 3. Senator Fltzgerald, do you wish to proceed to Motions I I in Writing on House Bill 2702? Read the motionr Mr. Secretary. I ' j SECRETARY HARRY: I ! 126 ! i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ' I i Having voted on the prevailing side, I move to reconsider the I vote by which the Flrst Conference Committee Report to House Bill f ! 1 2702 failed. I Filed by Senator Fitzgerald. ! PRESIDING OPFICER: (SENATOR MAITLAND) I l Senator Fitzgerald. ! SENATOR FITZGERALD: ' Yes. I would just move to reconsider the vote by which the Conference Conmittee Report on House Bill 2702 failed . !
PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? If not... Senator Denuzio . .
Was this -- this îs -- is a bill: I think, that :ot twenty-eight votes awhile ago. I just stepped into the Chamber and I see now we've moved to reconstder, so I would 1et everybody on this slde of the aisle understand that this is the same bill that we voted for -- voted against awhile ago. Thank gcu.
PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Senator Welch.
Welly as I recall, this bill still allows for a unfunded i mandate and also allows for taxes to be exkended in counties ! throughout dcwnstate Illinois. So it seems to me that the -- the ! i tax impllcations of this bill are enough to sink it as it stands, I ! so I would certainly urge that all of us contlnue to vate No on 1 thls bill. I I PRESIDING OFFICER: (SENATOR MAITLAND) I Further discussion? Senator Weaver. 1 ? SENATOR WEAVER: I Thank you, Mr. President. Senator Welch, this is a front-door I . I referendum. It's not a kax increase unless it's voted in in the ' j I l l27 j STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 county. But it allows smaller countiesr which -- some of which ; you represent, to make determination as to how they want to pay i . for public safety facilities, such as jails, juvenile facilities j and courtrooms, which are mandated by the Judieiary. So don 't say I . ikîs a taX increase; it's a taX increase 'Qf' the County Vctes ib I i . in by a front-door referendum. I i PRESIDING OFFICER: (SENATOR MAITLAND) ! rurther discussion? Senator Welch. .
Well: you know, you just said, don't say this is a tax : i lncrease. It certainly is a tax increase, whether it's voted cn by us here or voted on back home. It glves the opportunity for voters back home to voke for a tax increase. So# yesr taxes can ' ' q go up by votlng for thls bill. If you vote No on this billr no, : taxes Will not go up . That's elementary to me. So we 're giving . them the opportunity. You knowr we -- we give them the ' opportunlty to raise taxese then lt happens and we say, ''oh, no, : ; don't blame us. Don't blame us.'' Well, this is exactly what's haeppening. And that's one of the reasons local taxes go up. And then they blame' government for ralsing taxes, and we try to sayr ' ! ''Oh, no, wasn't us. It was the loeal guys.'' I I PRESIDING OFPICER: (SENATOR MAITLAND) ! Purther discusston? Senator Weaver. 1 ! SENATOR WEAVER: I ! . Thank you, Mr. President. What happens when the judiciary ! ' i demands that you do this and that to the courtrooms and the ! I juvenile faeilities and khe county jail? They have to go to a 1 1 bond referendum. Thls is giving the smaller counties that which / the larqer counties already have. They can make deternination Whether they want to go the bond rouke and put it on real property . 1 tax or go for khe sales *ax increase. I think.Ne deserve the same ' f treatment in smaller counties throughout the State as We've given 1 1 I 128 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7r 1997 l I countëes over a hundred and eivhkg thousand. I I PRESIDING OFFICER: (SENATOR MAITLAND) I I Further discussion? Senator Carroll. I ! SENATON CARROLL; . Thank you, Mr. President, Members of the Senate. I'm concerned about the tax increase, that's in here, in Cook County. This is the leglslation ehat kill hold up the tax bills for who knows hoW long. It could be months. It could be a year or more. Because now a11 the reeords Would have to go to this State commission, including all notes Written on hot do: envelopes and -- and tissues and everything else, and until that's resolved the books cannot close in Cook. The bills cannot go out. It is clear it will be several-monkh delay. It could even be -- if the State Board does in Cook like it's done downstate, it could be a two-year delay before taxes could be collected in the County of Cooke so that there will be no monies to provide servlce. I thënk it's a terrible idea, and I think our vote of twenty-six in favor and thirty against <as correct and Ne should not reconsider. ' PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Demuzio, for a second time. SEKATOR DEMUZIO: E Yeah. I -- I would like to ask a parliamentary inquiryy Mr. ' -- Mr. President. When this bl11 was before us earlier in the : evening and did not recetve the requisëte thirty votes, the . onsor moved to request a second conference commitkee report, and : sp 1 now uhat's before us is a motion to reconsider. It seems to me I I that the -- that -- that this -- this action -- that this bill is I I no longer before us. 1 PRESIDING OFFICER: (SENATOR MAITLAND) 1 I Senator Demuzio, Senator Fitzgerald filed his motion in a i I timely manner, and we will proceed With the vote. Senator ! . I Denuzio. ! I ! I 129 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 SENATOR DEMUZIO: l Well: the -- the moeion, it seems to me, is on movin: to ! : reconsider the motion to request a second conference committee. This is not the proper motion that's before us at thls point, Mr. Chairperson. And I would request a ruling. PRESIDING OFFfCER: (SENATOR MAJTLAND) Senator Demuzio, I have made my ruling. The question before the Body is... I -- I have -- I have made my ruling, Senator Demuzio. Senator Pitzgerald, do you wish to close? If not -- if not, a1l those in favor of the motion will vote Aye. Those -- those opposed... Senator -- Senator Carroll. . SENATOR CARROLL: . Thank you, Mr. President. You may not have heard, but Senator Demuzio had appealed that ruling of the Chair, a motion T would second. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Demuzlo has appealed the Chair. The question before the Body isz shall the ruling of the Chair be Sustalned. Those in ' favor will vote Aye. Those opposed, vote Nay. The voting is open. Have a1l voted who wish? Have all voted Who Wish? Have al1 voted who Wish? Take the record, Mr. Seeretary. On that . ' question, there are 33 Ayes, 25 Nays, no Members votlng Present, and the ruling of the Chair is sustalned . Senator Fitzgerald, do you wish to close, sir? If not, those in favor of the motlon Will vote Aye. Oppcsed, Nay . The voting is open. Have al1 voted who wish? Have al1 voted who wish? Have al1 vobed who kish? Take the record, Mr. Secretary. On that question, there are 31 Ayes, ' I 26 Naysz no Members voting Present, and the moeion prevails. ; Senator Demuzior has requested... SENATOR DEMUZIO: I No. Never -- never mind . That's on the motion. I ! PRESIDING OFFICER: (SENATOR MAITLAND) 1 l 130 I I STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 122nd Leoislattve Day January 7, 1997 l Senator... Al1 right. Ladies and Gentlemen, on Supplemental I Calendar No. 3 is House Bill 2702. Mr. Secretary, read the bill, l i please. Read the Conference Committee Report, please. '
Pirst Conference Committee Report on House Bill 2702.
PRESIDING OFFTCER: (SENATOR MATTLAND) Senator Fitzgerald. I'n -- I'm sorry. Senator Syverson. senator Syverson, I recognized you.
Mr. Presidenk, 1'11 just ask for a favorable roll call. Wedve already debated this issue. . PRESIDING OFFICER: (SENATOR MAITLAND) . All right. There Would be room for debatee one person on each side. Senator Demuzio.
Well, again, I would challenge the Chalr and indicate, it seems to me, tha: -- even though your ruling has been sustainedw 1et me just point out to youy on page 32 on the -- of our rulesr that 'Q n the event that either chamber refused to adopt the reporb of the conference committeee or the first conference committee is unable to reach agreement, either chamber may request a seeond conferenee conmittee''# which, in fact, is What Senator Syverson did when his motion in the beglnning failed. ''When sueh a request is mader each chamber shall again appoint a conferenee committee. In the event that (sic) etther chamber refuses...' The fact of the matter is, is thaty under this SecEion, this bill is not properly before us. And ik would seem to me that based just ' simply on -- on oar rulesr that everyone ought to vote No on this bill, beeause it just seems to me that it's jeopardlzed khe entire I content of this bill and leaves it subject to challenge by any - it seems to me - any legal body in the -- in the State of Illinois. It seems to me that We ouqht to vote No: and if you . l3l ' I STATE OF ILLINOIS 89TH GEXERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 want to pass this, do it -- do it in the proper form. This is nob I the proper form. I I I PRESIDING OFPICER: (SENATOR MAITLAND) i I Okay. The question before the Body is, shall the Senate adopt ! ? the Conferenee Committee Report on Hcuse Bill 2702. Those in ! I favor will vote Aye. Opposed, vote Nay. The voting is apen. l I Have al1 voted who wish? Have a11 voted who wish? Have al1 voted : who wish? Take the record, Mr. Secretary. 0n that question, there are 30 Ayes, 27 Nays, no Members voting Present. The Senate l ! does adopt the Conference Committee Report with respect to House ! i Bill 2702, and the bill, havlng received the requkred r ! constitutional majority, is declared passed. Senator Demuzio has I requested verification of the affirmative votes. Will a11 the l f Senators be in their seats? The Secretary will read the ! I affirmativê votes. Mr. Secretary. ! SECRETARX HARRY: s ' j The following voted ln the affirmative: Barkhauseny Bomke, ! I Burzynski, Sutlery Croninr DeAngelis, Dillardr Donahuer Dudyczy g I Fawell, Eitzgerald, Geo-Raris, Hawkinson, Karplelr Klemm, Lauzenr l Luechtefeldr Madiganr Mahar, Maitlandy Parker, Peterson, Petka, i ' / Rausehenberger, Sleben, Syverson, Walshz Watson, Weaver and l ! Woodyard . 1 ! PRESIDING OFPICER: (SENATOR MAITLAND) I Senator Demuzio, do you question the presence of any Member? I ! SENATOR DEMUZIO: J l Senator Dillard. I PRESIDING OFFICER: (SENATOR MAITLAND) 1 ) Senator Dillard is in his seat. i I SENATOR DEMUZIO: I I Senator Donahue. I PRESIDING OFPICER: (SENATOR MAITLAND) ! . ! Senator Donahue is standing right there. ! I l32 I l STATE OF ILLINOIS 89T: GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 J SENATOR DEMUZIO: ! Senator Mahar. ! PRESIDING OPFICER: (SENATOR MAITLAND) Senator Mahar is in his chair. SENATOR DEMDZIO: Senator O 'Ma11ey. PRESIDING OFFICER: (SENATOR MAIQLAND) Senator O 'Malley. I believe, is in his chair. He -- he did not vote. SENATOR DEMDZIO: Beg your pardon? . PRESIDING OPFICER: (SENATOR MAITLAND) . He was a negative vote. It's a red vote. SENATOR DEMUZIO : Senator Walsh. PRESIDING OFFICER: (SENATOR MAITLAND) Senator Walsh is ln his chair. SENATOR DEMUZIO : Senator Hawkinson. PRESIDING OPFICER: (SENATOR MAITLAND) Senator Hawkinson is in his ehair. ' SENATOR DEMDZIO : ( Senator Klemm. Senator Peterson. PRESIDING OFFICER: (SENATOR MAIQLAND) I ! senator Peterson is in his chair. I SENATOR DEMDZIO : I I Senator Fitzgerald. Senator Fitzgerald. l ! PRESIDING OFFICER: (SENATOR MAITLAND) I I Ves. He 's in his chair. Do you question anymore Members, ; : Senator Demuzio? 1... On a verified roll call, there are 30 Ayes, 27 Nays. The Senate does adope ehe Conferenle Comnittee ' . : Report with respect to House Bill 2702, and the billr having i I I l33 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 received the required ecnstitutional majorityr is declared passed. I senator Elemm: for what purpose do ycu arise, sir? ! SENATOR ELEMM: I For purposes of an announcement. I . I PRESIDING OFFICER: (SENATOR MAITLAND) I : Etate your point. l SENATOR KLEMM; I j I The Commlktee on Local Governments and Elections Will meet in I the Chamber immediately after the Executive Committee meets in ! Room -- I think it's 200 or 400, or something. But Welll meet I after Executive and we'll meet in the Chamber to accommcdate tbe I Members so we can nove quickly. Thatls Local Government. Thank 1 , I you. ' j ' ' PRESIDING OFFICER: (SENATOR MAJTLAND) g f A11 right. Al1 right. Thank you very mueh, Senator Klemm. ! Any -- any further business at thls point? The Senate Will stand I at ease to the ca11 of the Chair. J . I I! (SENATE STANDS AT EAsE) I i (SENATE RECONVENES) ! I / I PRESIDING OFFICER: (SENATOR MAITLAND) I The Senate will come to order. Senator I tarpielr for what 1 I purpose do you arlse? I 1 Thank you, Mr. President. Just to announee, agalnr Lf -- if I people miqht have forgotten, that the Executive Committee is I moeting now, immediately, in Room 400. We shouldn't be there tcc ! ' 2 . long. But please everybody get there on time. ; ! l34 i STATE OF ILLINOTS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day January 7. 1997
PRESIDING OFPICER: (SENATOR MAITLAND) The Senate Executive Committee assemble immediately in Room 400, and immediately following that committee meeting will be the Senate Appropriations Conmittee. The Senate will stand in -- just to the call of the Chalr. 1 (SENATE STANDS IN RECESS) 1 I l 1 (SENATE RECONVENES)
PRESIDING OFPICER: (SENATOR WEAVER) .. . will be in order. Committee Reports.
Senator Weaverr Chair of the Comnittee on Rules, reports the following Legislative Measures have been assigned: Referred to the Committee on Revenue - Conference Committee Report 2 to House Bill 375 and Conference Comnittee Report l to House Bill 2240.
PRESIDING OFPICER: (SENATOR WEAVER) Senator Peterson, did you want to set a meeting time? Senator Peterson.
Thank you, Mr. President. For the purposgs of an announcement. The Revenue Committee Will meet at 11 o'clock, in Room 400. Revenue Committee will meet at 11 o'clock, in Room 400.
PRESIDING OFPICER: (SENATOR WEAVER) For What purpose Senator Watson arise?
Yes. Thank you, Mr. President. An update, and every now and then we get up and falk and we donêt think anybody listens. What I brought up about the -- the Journals and the fact that we get 1 ! ! l35 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 these in our district offices - and I got ei:ht of these the other j day - and What I found out was, from our crack staff and gocd #eOPle that listen to us throughout the buildlng herey that, yes, I I indeed, in the Senate we do not send these out. This cane from I the House. So my message Would be, to those Who are listening in I I the Housek vhich hopefully they are, is that why don't you just / talk to your Members and ask them do they really want to reeeive I I these books every year or every tWo years at -- at an incredible 1 I cost to the taxpayers in Illinois. Why don't you just 1et the I Members say, no, they don't want ehem, like we do in the Senater ' l j which is obviously the right thing to do and we've done. Again - 1 . f once again - the Senate prevails.and leads the charge in reqard to ' I saving the taxpayers dollars and concerns. And, again, I'm a I 1 eree-hugger; I believe in trees. And we're saving a few over J here. Hopefully they'11 do the same in the House. Thank you, Mr. l I President. I I PRESIDINC OFFICER: (SENATOR WEAVER) I Thank you, Senator Watson. Senator Dudyez, for What purpose I I do XOQ 3rlSO? ' j ) SENATOR DUDYCZ: I Yes. Thank youz Mr. President. To Senator' Watson: Senator 1 Watson, maybe next time before you throw your mall away you would I I read it first. l I PRESIDING OFFICER: (SENATOR WEAVER) I ! Do you -- do you two have problems communicating across the . / aisle? For what purpose Senator Molaro arise? ! I SENATOR MOLARO : I To ask a question of khe Senator. When àe was talking about I I Revenue meeting, Was that - he said 11 o'cloek - was that tonight I I or tomorrow morning? I mean What... I PRESIDING OFF. ICER: (SENATOR WEAVER) f I I think itls tonight, Senator Molaro. I 136 I I STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I
I think it's tonight. Okay. l I PRESIDING OFFICER: (SENATOR WEAVER) 1 You might check with the Revenue Chalrman. Senator Demuzior I 1 for what purpose do you arise? 1 I SENATOR DEMUZIO: I ! Just -- just to 1et Senator Watson know that: yesw people are ! listening . I got a couple phone ealls from some of my studentsr I I you know, in community college courses that I teachy and they -- I they heard you today and they were just appalled that you didn't ! I read all those books that Were bein: sent to you about a11 the r I things that you did to then.over the last eko years. So I uanted ! Eo pass it along to you that, if you don't read them , don't tell I ' j anybody. ! PRESIDING OFFICER: (SENATOR WEAVER) ! ! Thank you, Professor. For What purpose Senator Geo-Raris ! I arise? I SENATOR GEO-KARIS; / I On a point of personal privilegey Mr. Presldent. ' ! PRESIDING OFFICER: . (SENATOR WEAVER) ! I state your po(nt. . j SENATOR GEo-xARIs: I I Mr. President and Ladies and Gentlemen of the Senate, I'm I I delighted to introduee six people to you Who are sieting in the -- I in the Presldene's Galleryr Susan Mccall Linky wbo is *he wife 7 I for the newly elected Senator from the 30th District, I believe it i I is, of Illinois, and from Vernon Hills; and Xupan Dave - R-D-P-A-N I f D-A-V-E - from Lons Grove, who is a constituent of Senator 1 ' Peterson s; an d Stuart Willis, who is my constituent from Vernon l 1 Hills; Larry Mcshane: who is from Waukeçan - he's my constituent; I 1 . Keith West: who is from Mundelein, dabbles in Chicago; and Pat I Eotterman, from Arlîngton Heights. T'd like all of you to kelcome ! I l37 I 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT 122nd Le:islative Day January 7: 1997 ! these fine people Who came down tonight. l I PRESIDING OPFICER: (SENATOR WEAVER) ! I Will our guests please rise and be welcomed by the Senate? ! !
PRESIDING OPFICER: (SENATOR DUDYCZ) Conmittee Reports.
Senator Karpiel, Chalr of the Comnittee on Executive, reports House Bill 444, the First Conference Commlttee Report: Be Approved for Consideration; Senate Bill 675: Motion to Concur kith House Amendments 1 and 2, 3e Adopted. Senator Klemn, Chair of the CommitLee on Local Government and Elections, repcrts House.Bill 2735, the First Conference Committee Reportr Be Approved for Cansideratian . And Senator Rauschenberger, Chair of the Committee on Appropriatlonsy reports House Bill 3695, Amendment No. 1, Be -- Be Adopted. .
PRESIDING OFFICER: (SENATOR DUDYCZ) If you turn your reqular Calendars to the top of page 2: the Order of House Bills 3rd Reading. To the Members that are in their offices: Please come to the Floor. We are going to be ! dealing wlth House Bills 3rd Readingw ' House Bill 3695. So those ! ' r within earshot please come to the Floor. On the Order of House : Bills 3rd Reading, the tap of page 2 of your regular Calendar, we have House Bill 3695. Senatcr Rauschenberger, do you wish this ' : bill returned to 2nd Reading for the purposes of an amendment? j Senator Rauschenberger seeks leave of the Body to return House I I Bill 3695 to the Order of 2nd Reading for the purpose of an I i amendment. Hearing no objeetion, leave is granted. On the Order J of 2nd Readtng is House Bill 3695. Mr. Secretary, are there any ! 1 Floor anendments approved for consideration? ! i SECRETARV HARRY: I I Amendment No. 1, offered by Senator Rauschenberger. ! ; 138 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legtslative Day January 7: 1997 PRSSTDTNG OFFICER: (SENATOR DUDYCZ) ! senator Rauschenberger. I i I SENATOR RAUSCHENBERGER: J Amendment No. l to House Bill 3695 includes -- or, is the 1 . I supplemental appropriation that we've just approved in the 1 1 Appropriation Committee. 1'11 go through some very quick I l highlights on it, and 1.11 be happy to answer questians if people j I need mcre detail on them . Essentially, thls includes almost a11 ! of the Governor's request for supplemental action, the highlights ! I of khich would be ehe flood money restoration to the agenciep that 7 I was used under the Executive Order. On additional legislative ' I items that I thilk would be of interest to Members, therels a 1 s four-hundred-thousand-dollar increase in the home-delivered meals I . I line to the Department of Aging, Which ue estimate should I I eliminate the waiting list. There is a nine-million-dollar ! increase in the ADAP programy or the AIDS Drug Reimbursement 1 ! program: four million from federal fundsr including the Ryan -- I i Ryan White monies, in federal spending authority and five million 1 E in General Revenue funds. There are tha top four projects I i requested by khe Doard of Higher Education for the universities: i Three -- 3.3 million dollars for SiU tc do electrical repair; four 1 ' . . ) million to the -- Illinois State University to do -- to open thelr l I science building, as requested by the Board of Higher Ed; etght I ? hundred and fifty thousand to repair the coal boilers at Western ! Illinois Dniversity; and 3.4 million dallars to Northern Illinois i ' . I University to deal with flood mitiqation. In addition, thls f I supplemental restores the rural perinatal program for downstate i hospitals. Ttls got a 6.8-m111ion-do11ar appropriation level; I 1 3.4 million is GRF; the other 3.4 million is federal match funds. ! ! And wieh those highlights, 1911 be happy to ansuer questlons of I I Members. I PRESIDING OFFICER: (SENATOR DUDYCZ) ! ! l39 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Is there any discussion? Senator Severns. I I SENATOR SEVERNS: f l Thank you, Mr. President, Mpmbers Of the Senate. 1111 keep I 1 this brief. Just to say' that while I applaud the fact that We're I j making some progress on meeting the -- the needs talked about with ? Meals on Wheels and the AIDS reimbursement, that totals 5.4 ! I million dollars out of the thirty-two million -- thirty-two and a I I half million of GRF dollars requested. So I think it's a small j / step forward, but I think in this supplemental also are a long I list of items that are -- that cannot, under any me:sure, be I I looked at as emergency nature. I am concerned that We are using I I GRF dollars to 6he point of 3.8 million dollarsz for exampler to I ! widen a road. No matter how meritorious the need might be in that i ' district in that -- that specific area, that pales by eomparison, j I in ny judgment, to the long waiting list of seniors across this I I State who just might hope they could get -- get one hot meal. And ! I don't think the supplenental appropriation put before us tonight . 1 I wi11 address the need in the way that Was demonstrated in l I testimony before our committee. So while each Member's 'going to i ! vote the way they need to vote, I think welve made little progress I in this bill. While two items at least, if not more, are j l : meritorious, most of those items I thlnk could wait until the I 1 approprlation process begins again with the new Session that I ! . begins tomorrow. ! PR I ESIDING OFFICER: (SENATOR DUDYCZ) I ! Any further discussion? Senator Demuzio. 1 I SENATOR DEMUZIOZ I I I just had a question that I neglected to ask... PRESIDING OFFICER: (SENATOR DUDYCZ) i I Senator Demuzio, sponsor indicates he will yield. f I . SENATOR DEMUZIO: ! ' j I -- I just -- I had a question of the sponsor that I 1 i I l40 I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day January 7, 1997 neqlected to ask downstairs, and the questëon is, is thaty if the ! I House has a different verslon of the supplemental than We dow what I I are We doin%? Are We -- are We going to pass this bill over to l I *he House and then the House passes theirs over here? And are We ! . ! going to finish al1 this in the morning or later tonight, or next I ! year or... What's -- why are we doln: this? ' PRESIDING OFFICER: (SENATOR DUDYCZ) . ! Eenator Rauschenberger. I ! SENATOR RAUSCHENBERGER : l ! Senator, I appreciate your asking that question. I have been I reliably informed that thks Chamber is not going to accept any ' . l appropriation supplementals from the House; that we hope With your : help and with the help cf oeher Members to send this bill to the I House and encourage them to consider this supplemental ! ! appropriation because we think it's appropriate and fairly clean. I ? We 're hopeful that the House Will do that. If not: ke will ' take 1 ' ! it up in the next General Assembly. l PRESIDING OPFICEM: (SENATOR DUDYCZ) ! I Any further discussion? Senator Carroll. ' 1 j i SENATOR CARROLL: I . I Thank you, Mr. President: Ladies and Gentlemen of the Senake. j ! In agreeing with our spokesman on Appropriations, I think that 1 i some of these items are doable, but could also walt. And -- and i we did questlon the use of General Revenue. I think there's some I i very good things in herer llke the identification and the need for I . f the drug and its formulary in the AIDS program. I question, on . 1 I the Meals on Wheels. I believe the testimony in the committee 1 I yesterday was that the need to get rid of the waiting list was I abou: a million five hundred thousand dollars. I agree With the 1 l Chair, that there was some confuston in the numbers coming out of I I the Department and out of the advocates. It seems that that's i . I more the number that we need, but this is a step in Ehe correct I I l4l STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 direction. This is at least four hundred thousand dollars nore I than we had had before, and that's a very positive step. If there 1 ! is a chance in a future supplemental, I think we should take the I next step . I think ik ls very critical eo keep senâors at home and not in nursing homes and that a small amount of money for ! Meals on Wheels saves a 1ot of naney. There were some problemsr hoWever, With it that have not yet been answered. They are minor items, except for the Department of Public Aid funding, which was identified to us originally as disproportionate share hospitals. As one who has sponsored, along With Senator Severns and other Members, addieional .fundin; for downstate perinatal, we are very nuch in.favor of it. My problem is, howevery that the Governor's Office and the Department of Public Aid refused - and I repeat that - refused to give us any information this evening on What this program was or what *he money would be spent on. I donft eare whether they support or oppose a program, whether it's proposedr in this case, by the Republican side of the aisle or whether it is proposed by us, they are servants of the people and they are here to assist the General Assembly as 'well, and for them to refuse to come to committee to tell us what a program uasy whether they support ii or opposed it, is somethin: that should not be tolerated by any side of any Chamber of this General Assenbly. And I thlnk they should be appropriately admonished this and in future Sessions for refusing to glve basic information that, under the lau, they are responsible to give us. And for them to not to tell us what a G.8-millton-dollar appropriation Would do for downstate perinatal programs is absolutely ' intolerable. Likewise, the Attorney General had no Way of telling us what Was a two-hundred-and-fifty-three-percent increase in contractual services or Nhy they were not handling litigation expenses under the Retail Rate Law, three hundred thousand dollars that the Commerce Commission says is antieipated - they don't even l42 I I STATE OF TLLTNOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I know what theydre going to be - anticipated legal expenses. What ? 1 do ke have an Attorney General for? Attorney General *as unable i ) to answer any questions. Even after the Chair correctly sent for i I them, they came up and said We can't answer questions on our ' q budget or anything else you're asking. Why bother to be here? These are improper handlings by agencies of State government, not ' by the committee or its Members. And I just want to use the occasion to say they have eo b/ more careful in What they're doing and I think we should not pass their budgets next year if they're not going to be responsive, either the Attcrney General or ehe Department of Public Aid. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Welch . SENATOR WELCH: Yes. I had a question of the sponsor. PRESIDING OFFICER: (SENATOR DUDYCZ) . Sponsor lndlcates he will yield. Senator Welch. SENATOR WELCS: , Senator Rauschenberger, we are appropriating an addieional . 33.3 million dollars in -- in General Revenue funds. Could vou tell me how we ended up having 33.3 million dollars more than we ' initially thought we Would? l PRESIDINC OFFICER: (SENATOR DUDYCZ) ' f Senator Rauschenberger. ! 1 SENATOR RAUSCHENBERGER: ! ' j There -- there are tWo major factors that have 1ed the ! I Economic and Fiscal Commission, about forty-five days ago, to / I adjust up *he revenue estimates by nearly ninety-one mlllion I dollars above the level of whieh we developed the budgets as well 1 I as the fact that we think -- wefre pretty -- we feel pretty I I confident that We're on track. Last year's spending levels were ) . i not at the budgeted level; they kere somewhat lower. So We have I f 143 I STATE OF TLLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 l an increased balancedw plus increased revenues - arguably in -- I maybe in the neighborhood of a hundred and twenty to a hundred and ! i I seventy-five mtllion dollars. Of courser during a fiscal year' 1 I ' d to be exact. But elearly, it appears to -- to me, as i it s har. I Chairman, and to the Economic and Fiscal Committeez as well -- i I Pommission, as kell as the Bureau of the Budget, that Wedre Well J l within the excess revenues from sales tax, incone tax and the i I like. j I PRESIDING OPFICERJ (SENATOR DUDYCZ) I I Senator Weleh. ' I I SENATOR WELCH ; 1 , So, according to your estimates, we have an additional ninety f ! mëllton to one hundred and thirty million -- hundred and forty ! l million dollars that Nefre not spending in this supplemental. Is ! i that correet? He -- youlre shaking your head yes, so -- so that ! I answer is correet. The seeond question I have is khis: HoW much ! . ! noney is in this supplemental for elementary and secondary 1 ; education? I PRESIDING OFFICER: (SENATOR DUDYCZ) ' ! I Senator Rauschenberger. ' I j SENATOR RAUSCkENBERGER: ! ? There's nothing in this supplemental that addresses funding ! ! for primary or secondary education. ! ! PRESIDING OFFICDR: (SENATOR DUDYCZ) 2 I senator Weleh. I ! SENATOR WZLCH: l That's what I thought. We have extra hundred and seventy-five ! ( million dollars. Wefve found 3.8 million dollars to build a road ! I on Route 83. I've been down Route 83. I haven't ncticed 3.8 1 ! million dollars in new building on that road necessary, not when ! i you compare it to the needs ot elementary and the secondary j I education. So once again, after thts campaign that we just went ! 144 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 i through in 1996: where everybody said nThe number one priority is I elementary and secondary education fundlng'', they don't get a 2 I di ' itting on a hundred and seventy-five millëon i me. We re s l dollars; we have a supplemental appropriation, and not ten cents f ' j goes to elementary and secondary education. Now that must really I indicate what the priorities are. I Rean, this is hoW you set l Priorities, is kzith your budget, not by rhetoric during election i I campaign. And here we are, in specific language, showing the . I Priorities, and the priorlty for elementary and secondary 1 I education is zero, but Route 83 is more important. I mean, this ! I -- this is a good tndication of why our local voeers in our ! . districts tend not to trust us down here in Springfield. I -- I 1 I think we should vote No on this. I ' j PRESIDING OFFICER: (SENATOR DUDYCZ) I Any further discussion? If not, Senator Rauschenberger, to l i close. I . I SENATOR RAUSCHENBERGER: ' ! Thank youp Mr. President. T'd like to point out - I did make ! ! a slight misstatement - there is no'GRF for prinary or secondary I education in the State; there is actually ten million dollars of ! ! additionai federal fund spending authority, which would go to ' I j primary and secondary. I would respectfully disagree With Senator ! I Welch: This is not about settlng the priorities of the next 1 General Assembly; that begins tomorrow after swearing in. We I I thought it Was appropriate to ltmit this to emergency action. As / ' j to the merits of Route 83y the merits of any projects in this ! State are subject to debate. Clearly the Daily Southtoun and ! / people in that area believe that's the most dangerous intersection I in the State of Illinois. r've :ot an editorial. I should maybe 1 ! send you over a copg. And I just wanted you aware that we did p : give some thought to thatr and We think itfs appropriate to deal I with primary and secondary in the future. I appreciate Senator I f I l45 I I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legtslative Day January 7, 1997 ! I Carroll's remarks regardlng cooperation of the Executive Branch i agencies. I know how he feels; We experienced some frustratlon with Department of Public Aid in getting information of hok they 1 I would do the rural -- rural perinatal program. One argument I I . ? guess I would Rake is: Support of this bill and sendin: it to the ! I House and sending ik on to the Governor tells the agencies I I clearly, whether they eooperate or notr that we set the agenda for 1 I the General Assembly. So I appreciate your kind comments. To i home-delivered meals, l'd just make two points: four hundred i ! thousand is not as much as many of us would have liked to have ! I seen home-delivered meals get, but in the budget we passed : ' j . together in -- in May, it was tùe first increase in home-delivered I ! meals, I thënky in -- in many years - five or six years. This is I . the second increase on top of the COLA that was given to that ' ! program. So it is progress in the right dkrection. I think we I can a11 commend ourselves for that. I Would hope for favorable ! ! support on this bill. I I PRESIDING OFFICER: (SENATOR DUDYCZ) ! On Floor Amendment No . l to House Bill 3695, a1l those in i : ; favor, say Aye. Opposedy Nay. The Aye: have it, and the ! . I amendment is adopted. Are there any further Floor amendments ! ! approved for consideration? 1 SECRETARY HARRX: ! 1 No further amendments repcrtedw Mr. President. I ! PRESIDING OFFICER: (SENATOR DUDYCZ) ! I I 3rd Reading. On the Order of 3rd Reading, We have Rouse Bill 1 . 3695. Mr. Secretary, read the bill. ! I SECRETARY HARRY: I I House Bill 3695. (Secretary reads tttle of bill) d Readin: of the btll. / 3r I . PRESIDING OFFICER: (SENATOR DUDYCZ) I I I ! l46 f STATE OF JLLJNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ; ! Senator Rauschenberger. I SENATOR RADSCHESBERGER : ' ! 'his is the bill Wedve been diseussing on 2nd Reading. I would urge a favorable roll call. ! PRESIDING OFFICER: (SENATOR DUDYCZ) . I Is there any discussion? If not, the question is, shall House . 1 Bill 3695 pass. All those in favcr Will vote Aye. Opposed Will ! vote Nay. And the votlng is open. Eave all voted who wish? Have r ! al1 voted kho Wish? Have a11 voted who wish? Take the record. I On that questiony there are 56 Ayes -- Yeasr no Nays, and 2 votin: ? Present. And House Bill 3695, having received the required ! constitutional majority, is declared passed. If you Lurn your I l Calendarsz your regular Calendars, to the top-' of 'page '' 3r ln the I . Order of Secretary's Desky Concurrencer Senate Bills, ke have 1 I Senate Bill 21. Senate Bill 2l. Mr. Seeretary, read the bill. I ! SECRETARY HARRV: . ! . I I move to concur with the House in the adoption of thelr I I Amendment No. 1 to Senate Bill 2l. I . l Filed by Senator Butler. ! PRESIDING OFFICER: (SENATOR DUDYCZ) 1 ' j Senator Butler. I SENATOR BUTLER: ! 2 Thank you, Mr. President. I've been Waitinç so long I thtnk I ! f need another haircut. The effort this evening is to correct a 1 I series of mistakes khat were built into some legislation we passed l in 1994. Actually, that 1994 legislation was to correct some l ! mistakes we made in 1977. And We really did a great job? because 1 ! ln 1994, in correcting -- or, 1977, we made two major errors. / I Back ln 1977, under federal lawr inkerstate drivers were not paid ! ! overtime. And, indeedr that's still the case. But in Illinois, I We earried on the books a 1aW which said that interstate - and I . 1 . ! have to be careful to make sure between interstate and intrastate l ! l47 STATE OF ILLINOIS ' 89TH CENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ! - but we did have a law in Illinois that said that they should be I I paid overtime. But during a11 the intervenlng years, both the federal law and also in Illinois, literally, ignared that fact, I ! ignored the conflict between Illinois and the federal laW . And . 1 matter of fact, our oWn Department of Labor refused to conslder I any overtime for -- for interstate drivers. But in 1994, we decided to correct that and we -- and to brin: then our Illinois law in compliance with federal law, and We then developed tha: ' 1994 law . Well, so far so good, except the legislatlon we passed did not end the problem; it ereated more problems. Frankly, we ( ' goofed. The biç nistake kas in the law we passed. We not only took out the interstate drivers from overtime requirements, but We 6 also, at the same time: took out tens of thousands of clerksy dock 1 . workers, secretariesr in addition to the interstate drivers. So what we literally did Was to strip away their legal protection 2 I guaranteeing them overtime. And so we literally exposed a11 of those thousands of workers. Right noW - right now - in the State / I of Illinoisy these Workers have no protection under the law. I None. Zero. Nada. 'They stand exposed. So the immediate J beneftt, if -- if you agree with me that 21 should be put into 1 ' j effect, is to restore the legal protection for these workers. The - - the interstate drivers will -- wi11 continue to be exempt. A11 I I others are -- are protected. And to me, that's a good reason for I - - alone for votlng for this bill. But as I said before, we not I on ly goofed once; we goofed twice in the same bill. And noW *e ! ' I come to the crux, so I thinky what most of the discussion has 1 been, that many companies use an -- a systen for overtime Ehat I pays more - literally more - ehan the time and a half requlred by I I law. Let me give you some specifics, and I'n going to use UPS for 1 . example because I think that's been talked about the most. By I contract agreement - and I enphaslze that - by contract agreement, . 1 . . I overtime is paid on a per-day basis; they do not have to put in ' j l48 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 1 fsrty hours before they get overtime. Every day, eight hours; l anything above eight hours is overtime. The second part of it is I that each load -- as the driver leaves the terminal, each load is raked for a number of hours. Por instance, if a driver ls given a load rated at ten hours to complete it, he will get ten -- eight hours at regular time and two hours at overtime. He automatically I gets that overtime. Now,there's never been an argunent about 1 that. There's no conflict with the labor contracts; everybody is ) . in agreement. Now, as I said, if that driver completes that ten-hour load in eight hours, he -- if he really hustles, he can -- he's -- and his load is delivered, he's through for the day, 1 I but he continues to :et hi% tWo hours of overtime. He can go to ! l the - - he ean go to khe ball game. He can go out and play golf. i . ' ; j He ean go home and take a nap. While all that is going onr he's I gettlnq overt ime. So what we're facin: With this 1aw now is thae f everybody is happy up t.o this point. Excepty what happened is, j ' 1 some smart lawyers cane alon: and spotted the loophole ue had f built lnto the 1aw in attempting to create a correction in 1994 1 1 and they -- they sa'id if drivers are not exempt then theg ought to be paëd overtime for working lunçh. Now keep in mind that the .1 driver's already paid overtime for workin: durin: lunch because, J if he hustles, he gets two hours' overtime and he doesndt even 1 have to do one speck of work. So the lawyers now claim that if the worker, indeed, did work durin: lunch, he should be paid for it. In other words -- in other words, he ought to work -- in other words, he ought to be paid twice - literally twice - for the hours he works durtng lunch. So the question facing us tcday is, should drivers be paid twice at time and a half for working during lunch -- lunch hours in order to 9et through that much earlier. Now I don't think any of us intended that we would -- we would allow that. Itfs not in khe union eontract. It's -- it's a system of paying overtime that's been in existence for years. l49 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATB TRANSCRTPT 122nd Legislative Day January 7: 1997 I 1 Now, you and I created that loophole in 1994 and the -- but the lawyer now has convinced sixteen drivers that they ought to sue to recapture those years of lunch hours that theygve already been paid for. Now, the -- the legislation we passed, I1R sure: did nct intend that in any way. Incidentally - and I like to polnt this out also - the -- Senate Bt1l 21 allows those sixteen drivers 1 ! f who are ncw suing their employers for double pay for lunch Will continue -- can continue to pursue their -- their -- their drive 1 ' for, what I call, double-dipping. Now, nobody's rights are I deprived; no overtime is being cut. I got ealls, frantic calls, j ' ' lWhy are you taking away my overtime?''- which to me is kind of j ! insultin: to the average worker, because we are cereainly not . f intending to do that. Senake 21 literally attempts to eorrect the . I I leglslativeerrorswebuiltinto--intotheproblem.NoW,unless ? we correct this:wedre Walking away from our responsibiliey. This 1 ' is goin: to cost companles tens of millions of dollars. And I . 1 think that œould be wrsng. To me, this is a moral issue. This is a question of whether or not we're going tc correct a very dumb error, and I think we do have the responsibillty to make this right. We can't duck that responsibility. I think wedve got to j face the problem . I dcnlt think we ought to grovel ln front of 1 . 1 anybody. This is literally -- as somebody said earlier today, 1 this is really the rlght thing to do. And I would urge that you concur in the motion -- or, rather, approve the mction to concur. PRESIDING OFPICER: (SENATOR DUDYCZ) Is there any diseussion? Senator Welch. SENATOR WELCH: Senator Butler: we really couldn 't hear you over here. I 1 wonder if you eould start from the beginning and give the speech açain? . PRESIDING OFFECER: (SENATOR DUDYCZ) f Any further discussion? Senator Garcia. 1 . : l50 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 SENATOR GARCIA : ! ! Thank you, Mr. Presidenb. Would the sponsor yield for a i I question? I PRESIDING OFFICER: (SENATOR DUDVCZ) 1 . ! Sponsor indicates he Will yield. Senator Garcia. I SENATOR GARCIA: r Thank you. Senator Butlerr if I heard you correctly, there is ! : a lawsuit pending in thls case. Is that correct?
PRESIDING OFFICER: (SENATOR DUDYCZ) i Senator Butler. ' SENATOR BUTLER: . Yes.
PRESIDING OFFICER: (SENATOR DUDXCZ) Senator Garcia .
Senator Butlery can you tell us hoW many individqals the court has certified as part of thls class aetion suit?
PRESJDTNG OFFTCER: (SENATOR DUDYCZ) : Senator Butler. ' SEXATOR BUTLER : : I'm not -- I'm n'ot sure . I know it's -- it's thousands. Safe ë to say, thousands. PRESIDING OFFICER: (SENATOR DUDVCZ) ' ! Senaeor Garcia. ! ! SENATOR GARCIA : f Yes. It's approximately three-khousand-plus DPS korkers that ' I Would be affected by the outcome of this lawsuit. You stated I : earlier that there is a settlenent that may come about if the ! lawsuit were allowed to proceed its course. Do you have an I I estimate of how much -- an amount of hoW much noney might be ! I settled by UPS 11th the workers Who have brought about the l lawsuit? ! I 15l I STATE OP ILLINOTS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ! PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler. SENATOR BDTLER: j I have no idea. ( PRESIDING OFPICER: (SENATOR DUDYCZ) f Senator Garcia. I SENATOR GARCIA: i I And you spcke about reinstating the rights of workers in this i I natter, what has prectpitated this -- this bill that you're trying i J to pass here on the last night of the 89th General Assembly, but I ! in your presentakion the only thing I heard you talk about Was the ; : ' ( corporation's interest in trying to avert and avoid and get out 1 I ofr possibly, paying workers who have filed the lawsuit and Whom i the court might find have a legitimate case. Why are we -- why ! I are we seeking to pass this bill at 10:25 on the last night of the I 1 89th ceneral Assembly? . i j PRESIDING OFFICER: (SENATOR DUDYCZ) j senator Butler. j SENATOR BUTLER: ' 1 . Wellw I think some of us ought to be concerned about the moral issue involved i' n this. Is it right or is it krong to brin: this 1 - - for -- for the drlvers, for example, to sue the companies when f I they never have filed a grievanee in the entire history of this j klnd of pay system, this bonus system, in effect? I repeatz f 1 think this is a moral issue. Are we goin: to say, nFine, 1 double-dipplng is great; your -- be our guest'? Ts ie righè or 1 wrong? And that's what each one of us has to -- has to face. PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Garcia. SENATOR GARCIA : 1 To the bill: It's pretty obvious if -- if there was . a problem j I d that it was detected by the Legislature that we've had more 1 an 1 1 l l52 ) 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 than ample opportunity to do something about it in good faith. By I acting on this satter tonkght, we are not showinq good faith; we ! J are showing partisanship of the worst type - not necessarily ' I political partisanship, but partisanship on -- on behalf of I . 4 special interests, on behalf of corporate welfare and corporate I I greed. That is what this bill tonight represents, Ladies and I ! Gentlemen. If it is correct, as Senator Butler has stated, that I ! we may have made a nistake in 1994, tonight We are on the verge of ' ! committinq a wron: of compounding that mistake. Why? Because We ' ; are seeking to take the side of a corporation whlch is veryr very ' ! profitablei . we are preempting a deeision of a court of the only ' ! . avenue that these workers have had recourse Eo; and We are cnming down clearly on the side of greed. It is unfortunate that we be i ' j placed in this type of a situatlon, because there was a mlstake I I nade. We should 1et the workers and the corporation involved deal ! with it in court and let that matter proçeed. It Would be the ! . ! only way to test whether or not justice would be dispensed on I i behalf of human dignity. To do anything else and to act upon this ! tonight is just simply wrong and it dêmonstrates a 1at of greed on ! ! I our part. Thank you . I Would urge a No vote. . 1 PRESIDING O/FICER: (SENATOR DUDYCZ) l Any further discussion? Senator Weaver. l ! SENATOR WEAVER: I f Thank you, Mr. President. Idd move the previous question. i I PRESTDJNG OFFICER: (SENATOR DUDYCZ) I . I There are five addttional speakers. The Chair would remind i 1 l the Members ehat this is final action. Addâtipnal... Further / discussion? Senator Hendon. I SENATOR H:NooN: ? I Thank you, Mr. President. Will the sponsor yield for i 1 question? ' ! 1 PRESIDING OPFICER: (SENATOR DUDYCZ) j I l53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Sponsor indicates he Will yield. Senator Hendon. I / SENATOR HENDON: ' j I Thank you very much. Senator Butler, it is now 10:30, and if i ? we were hourly workers, wouldn't you uant your overtime for being I . I here some four or five hours after we should clearly have I I adjourned for the day? PRESIDING OFFICER: (SENATOR DUDYCZ) Sgnator Butler. SENATOR BUTLER: Senators I don't think itfs too early or too late ever to do the ri:ht thing. This Would -- in effectr it would protect . workers. I mlght addr we are not -- we are -- we are adding a protection to the workers now totally exposed. So if it's wrong at -- for -- in your mind to talk about khis at 10:30, when would it be right? At eight in the morning? Twelve? Three o'clock in the afternoon? If it's wrongy it's wrong. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler -- Senator Hendon. E SENATOR HENDON : ' : I Senator, my question is not about the tiye or the debate. I ' I have no problem with the fact that youdre bringing the issue up at ' this hour. I truly dondt. Or in the morning - Wouldn't have made ' I me any difference. My question was: If we in the Senate were I ! hourly workers, wouldn't we deserve overtime for have been here at I 1 this late hourr beyond -- above and beyond what would be our I ' j regular eight-hour day? I I PRESIDING OFFICER: (SENATOR DUDYCZ) j Senator Butler. J I SENATOR BUTLER: I I Senator, I repeatr there is nothing being taken away. If they g Work ten hours -- I mean -- yeah. If they had a ten-hour load and 1 I they did i: in elght hours, they get tWo hours''overtime. This -- j f 1 I l54 1 . I i I STATE OF ILLINOIS , 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT ! 122nd Legislative Day January 7, 1997 I and they can go home. They ean play golf. Do whatever they want. This does not take away one minute of overtine. I PRESIDING OFFICER: (SENATOR DUDYCZ) J I Senator Hendon. I ' j SENATOR HENDON: 1 l I'm -- I'n not going to belabor the debate With you, ny good I ! and dear friend, Which you w1ll be even after this debate is over: I I but I do want to say, for the record, that it amazes me how, in I this Senate, wefre always giving somebody sonething for their cwn . good that they don't want. Tf ehe korkers are sayinq that this is ' wronq, they don't want you to take away their ability and their I opportunity to get this money, how -- who are we to say what's ' ! good for them? We do it al1 the time around here. It's amazing. ! . ! Chicago sehools, We say, ''We1l, this ls for you, whether you Want I J it or not.'' It is clear that these workers have a right to this I I money. And it is wrong for us, thrpugh legislative action, to ! I preempt their ability to -- to deal kith tiis in the Judiciary I I Branch, which is where they should be dealing with it at. I see I 1 this as -- as -- as a clearz'continued inerusion lnto the life of i I the Illinois worker. And While I have sympathy for business and I ' I ever yone - my track record is clear; I voted to help business a j 1 number of times with research -- tax breaks for researchr tax j I breaks for retraining workers - but I agree with Senator Garcia: j / . This clearly is takins a posttion of greed, corporate greed: over I the worker, and We should not be in the business of doing that. Sure we should help business wherever we can, with tax breaks for research, tax breaks for retrainlng workers, to help those corporations stay in Illinois, but this is not the case. This is corporate greed on the back of the poor workers over at UPS. We should not be doing it, my friend, at any hour. And I guarantee your because I remenber the vote on the raise - so we could get . the raise - if we -- if we were hourly workers, every one of us in I 1 I 155 I ? STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION 1 SENATE TRANSCRIPT I j 122nd Legislative Day January 7, 1997 here, including the sponsor, would want his overtime, and it's wrong to eake avay these poor people's overtlme just because they don't have a vote in this Chamber. PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discusslon? Senator Parker. SENATOR PARKER: Thank youz Mr. Chairnany Ladies and Gentlemen of the Senate. It's interesting that this issue was not brought to the forefront by the employeesr but rather by an out-of-state plain*iff's attorney who stands to gain an lncredible financial windfall by settlin: a class action lawsuit. In the almost twenty years prior to the attorneys getting involved, not a single union grievance was filed on this issue. The Illincis Minimum Wage Law Was designed, and is intended, to protect the rights of workers who need this protection. It was not designed to provide cash windfalls for attorneys. The lqgislative history is clear: that the correction this bill makes Was what Was intended al1 along. It's appropriate and it's right, and it's the right thing to do: that the Legislature can eorrect its errors. And I Would urge an Aye vote. . PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? Senator Shaw . SENATOR SHAW: Thank you, Mr. President. Will the sponsor yleld? PRESIDING OFFICER: (SENATOR DUDYCZ) Sponsor lndicates he will yield . Senator Shaw . SENATOR SHAW : Senator, where is this -- uhere did you say thls case was now? You said sixteen workers and then you said the court had certified thousands, I belleve. Exactly how many people is involved in this case? The certification means that they have become a part of the . - - the class action suit, I take it. 156 . f STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Butler.
ehe sixteen workers, Senator, were -- were recruited by the attorney. The others were brought in as a class. Many of them probably are wondering what it's a11 about. But nevertheless, there's-- sixteen joined the suit, and three thousand, or ( ! Whatever the figure is, are part of the class. PRESIDING OFFICER: (SENATOR DUDYCZ) j Senator Shaw . 1
So what this -- what your legislation does is eliminate the class. Is that -- is that what you're saying? . 1
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler. SENATOR BUTLER: . l No, that can seill go forward. We -- we protect the sixteen thatareinthesult definlkely. , ) ;
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Shaw. !
: Well,khatabouttheothertwothousandninehundredandslxty J -- seventy -- eighty something? Eighty-four. What about those? ! PRESIDING OFPICER: (SENATOR DUDYCZ) I i Senator Butler.
. 1 I i I'm sorry, Senator. I--I:otadoublefeedinthisandit J ! colllded instde. Would you repea: Ehat, please? '
PRESIDING QFPICER: (SENATOR DUDYCZ) Senator Shaw. i SENATOR SHAW: . What about the other two . thousand nine hundred and J 1 i 157 l I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 eighty-four? What does your legislation do to those people? PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Butler. SENATOR BUTLER : ' Well, I've been advised that the -- by my legal staff, that i the sixteen are -- can move forward. They are permanently part of j *he sui*. And the rest also move forward. They are not taken out - let's put it thak Way. ! PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Shaw.' ! . SENATOR SHAW: : Well, What I'm -- what I'm trying to get at: What is the I purpose of this sutt if we 're ncL eliminatina anvbodv -- or' this . ''' '' -' '' -' I legislation if we're not elimtnating anybody in it? I thought I that's What you said. PRESIDINC OFFICER: (SEN. ATOR DUDYCZ) ! Senator Butler. I SENATOR BUTLER: The purpose is to clarify the 1aw as it exlsts now. There is l confusion. There is a loopholç that the lawyers have seized on . I and we want to close that loophole. 5 PRESIDING OFFICER: (SENATOR DUDYCZ) ! Senator Shaw. l SENATOR SHAW: Would that nok -- would this legislation -- I'm trying to get 1 a straiqht answer here. Would this leglslation knock cut r basically everybody but the sixteen? PRESIDINC OFFICER: (SENATOR DUDYCZ) 1 Senator Butler. ! Oh. I'm sorry. No. . ! PRESTDING OFFICER; (SENATOR DUDYCZ) 158 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Leglslative Day January 7, 1997 senator shaw. ,
One --oneotherquestlon. It'sinthecourtsrightnow. Is / i that rlght? PRESIDTNG OPFTCER) (SENATOR DUDYCZ) Senator Butler. !
I Yes I PRESIDING OPFICER: (SENATOR DUDYCZ) ' Senator Shaw .
And these are -- is this filed in Illinois?
PRESIDING OFFICER: (SENATOR DUDYCZ) senator Butler. I SENATOR BUTLER: ! You -- I've beeq cautionedr we re gettin: into -- into the I actual ramifications of the lawsuit. T think we ought to steer to ; our part in creating the problen. Maybe you can tell me how the I ! . -- hoW this ghole thing ties together? I'd rather -- it's just 1 the grounds We shouldn't bç coverin: at thls polnt. ' PRESIDING OPFICER: (SENATOR DUDYCZ) I ! Senator Shav. I
Well, I don'b Want yOu to gO into Ehe Whole lawsuit. You're l ë not a part of the lawsuit. I would hope not, but maybe youlre one 1 of the sixteen. But -- but the fact of the matter is that it's in the courts and it's before some jud:e, Whether it's one of our ! State judges or whether it's in the D.S. District Court. I don't i know. That's what I Was trying to get out of you. But -- but the fact of the matter is what you're saying here is that you 're on k the side of the corporation. And I believe that these -- the ! ; people that are filing the suit, the same as any other suit' I I z59 J STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 think the evidence have to show that they worked that overtime. Would you agree with that?
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler.
I agreey and they were also paid for it, ak time and a half.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Shaw .
Well: if the -- if the court's job is to sort it out, then I don't see any reason Why we should be here. Because if the people did not work, then it would be clear that the courts could see . that. But these people must have some kind of time card or sign-in sheet showln: that they worked those hours. I think this is a travesty here: that a conpany, large as this, Would come to the Legislaturq and ask them -- ask us to remedy their problem . What they have to dor it seemed to me, that they would have to go to the court and take their books and reeords and time cards to the court and show that these people did not work this -- the I hours that theydre çlaiming, and it would be adjudicated there: not here in this Body. We could do that on al1 lawsuits in Illinois. But if we fre goin: to take up the business of solving lawsuits because some company is a friend of ours and -- who are , being sued for something they did -- allegedly did wrong, then al1 ! they got to do ls brinq it here and give it to my colleague, Senator Butlerz he introduces a bill and alleviate the problem. That's not right. And -- and -- and all of the lawyers over on I your side of the aisle know that that's not right. It shouldn't come here. lt shouldn't be here. And uhat youdre doing is takin: r the side of the corporate people and leaving the poor workin: stiff out therey who have a time card, Eo prove what he did, or she did, and -- but here we want to wipe that out. I think it E i l6n f STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Leglslative Day January 1997 should be a No vpte.
PRESIDING OPFICER: (SENATOR DUDVCZ) Any further discusslon? Senator Geo-Faris.
Will the sponsor yield for a question?
PRESIDING OPFICER: (SENATOR DUDYCZ) Sponsor indicates he will yield. Senator Geo-Karts.
Do I understand correctlyr that what theydre suing for is to get double time: instead of tlme and a half?
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Butler.
Literallyr double time and a half.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Raris.
Do I understand correctly, there was never a grievance filed before?
PRESIDING OPPICER: (SENATOR DUDYCZ) Senator Butler.
.. . in -- never in the memory of man on this particular issue.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Karis.
Mr. President and Ladies and Gentlemen of the Senate: I am eoncerned about keeping jobs in Illinois, and I certainly donft think time and a half is a bad amount to take. As far as we in the Legislature go, we asked for this job, and I can tell my colleagues on the other side that can remember being in the House and being there from 10 o 'clock ln the mornlng till STAQE OF ILLINOJS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7r 1997 4 o'clock the next norning many a time. We didn't expect any overtime. We dtdn't expect double time or anything else. I think l what's falr about this is that since there never was a grievance filed before by the very employees involved: T don'e think it's fair. So therefore, I feel that Senator Butler, Who 's been . 1 I excoriated by some Members cn the other side, should be J ; congratulated for trying to bring an inequity and make equity out I I of it. I think the bill is a good bill. Itls a -- a step in the rightdirection,becauseIkanttoseethreethousandjobs remain 1 ' in Illinols, not moved out of Illinois. And I speak fcr the bill. : PRESIDING OFFICER: (SENATOR DUDYCZ) : . ; Any further discussion? Senator Cronin. Senator Garcia, 1 l ! the... Senatcr Garcëa. ! SENATOR GARCIA: ) ! Thank you, Mr. Presldenk. I PRESIDINGOFFICER: (SENATOR DUDYCZ) 1 For a second time. ' 1 ! SENATOR GARCIA: i ' I rise for a point of otder, and I apologize for rising a second time: to correct wha: f think kas an inaccuracy that was ' stated earlier by *he sponsor. He stated that With respeet to the I tWo thousand nine hundred and eighty-four claimants, that they : Would not be knocked out by the provisions of thts bill. Let me f read you one sentence in the blll, which I thlnk will clarlfy this I issue. It reads as follow: HThese retroactivity provisions are / effective as to any class of claëmants who had not been ! I individually named as of August 26, 1994.11 That is the tWo : thousand nine hundred and eighty-four additional clalmants. Thank ! ; you. j PRESIDING OFFICER: (SENATOR DUDZCZ) I 1 Senator Hendonr for a second time. . . ! SENATOR HENDON: 162 f STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislattve Day January 7, 1997 ! Thank you, Mr. President. I -- I apologize for rising a second time. But, perhaps, Senator Butler -- I wanted to poinf out a few thlngs, real quick, ehat he may not have -- may have missed. Senator Butler, did you know that the court has already ruled on the class action status of this lawsuit? PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Butler. SENATOR HENDON: In favor of the three thousand. SENATOR BUTLER: Is this in Illinois? If it is... . PRESIDING OFPICER: (SENATOR DUDVCC) . Senator Hendon. SENATOR HENDON: Did you also know that UPS has already lost a case similar to this in Washington State? PRESIDING OFPiCER: (SENATOR DUDYCZ) Senator Butler. ' SENATOR BUTLER: Let mç answer that in this Way: Yes, in Washington State, UPS did settle a lawsuit of its drivers who claimed overtime pay, vhieh was filed by one of the attorneys who represents -- the same attorneys who are -- found this loophole in our 1aw are the same guys that found one in Washington. There are -- but there are significant differences in the -- in the way the UPS drivers were pald in Washington and -- compared to those -- the way they are paid in Illinois. Tn Illinois the labor contraet and pay system provide overtime benefits greater than those provided by State law. The Washington case has nothing to do with What uefre talking about under Illinois law. PRESIDING OFFICER: (SENATOR DUDYCZ) . ' SenatorHendon. ) 1 ! 163 I ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 1997
Thank -- thank you, Mr. President. I appreciate your tolerance. Jn conclusion I just vanted to say to to -- to the person that I love the most on that side of the aisley and that's Senakor Geo-Raris - and you know T love you dearly, darling: the bi< difference between us, as Senators, and those poor little peaple working, those UPS drivevs and loaders and al1 of that, that we have an obliqatian to be here as long as President Philip say for us to be here. So that and -- and we have other perks and privileges: and we al1 understand khat. Under this lawsuit, the -- the drivers and the workers are -- are claiming that they had to work thraugh their lunch hours and they had to work through unscheduled days and they refused to pay them the necessary overtime . This should be settled in court. And Ehere are some lawyers on that side of the aisle. Sometimes T begln to to believe that maybe they're not, but know they are. I know you have an ö'Malley over there that eould probably be State's Attorney one dayr and a -- a Petka that may run for Supreme Court. So there's got to be some lawyers over there that simply have to dlsaglee with you, Senator Butler. This should be settled in court and not here in the Senate. urge a No vote.
PRESIDING OPFICER: (SENATOR DUDYCZ) Senator Butlerz to close.
Let me clear up a -- a few things. First of all, Senator Hendon, remember this is optlonal. Nobody's saying you got to work through lunch. If you don't want to Work khrough lunch, have your lunch, but you don't get paid -- get paid for As stands now, they get -- they -- they -- they not only want the the to be paid for lunch: they want it twice. And that's wrong. Itls absolutely wrong. The other thin: that Senator Garcia -- I apologize. Youdre absolutely correct; J misspoke. 164 STATE OF TLLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 The -- the sixteen stay; the -- the two thousand -- whatever number came up there, they -- they renain in the suit. Senator Shaw, nobody disputes the fact that they were paid for the overtime. Unfortunately, you make lt sound like they're not goin: to get paid. They 've already been paid for the overtime. They want to get paid again for -- for the lunch hour. So I -- in closing - it's late... END OF TAPE TAPE 5 .
Yeah. I've been advised I should repeat my comment to Senator Garcig, that the slxteen stay in the suit; khe rest are out. I sald it during -- during my -- my first closing that, to me, it's a moral issue. You know , we can talk about those nasty employersr how terrible they are. But you know something? There's a right and wrong to all of this, and I think it's wrong when we lre trying - - When we will ccndone the kind of attempt that's being made hère to -- to literally -- to iiterally take advantage of the mistake we made and -- and create a situation that'll earn thousands upon thousands, upon -- millions, I should say, of dollars for the lawyers who discovered our own loophole. So I would urge that you do -- you do aqree with the concurrence. ; PRESIDING OFFICER: (SENATOR DUDYCZ) ! The question is, shall the Senate concur tn House Amendment No. l to Senate Bkll 21. Those in favor Will vote Aye. Opposed 1 will vote Nay. And the voting is open. Have all voted who wish? Have al1 voted who wish? Have a1l voted whc wish? Have all voted ! ! l65 ! ; STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 who wish? Take the record. On that questionw there are 28 Ayes, 28 Naysy none voting Present. And the motion fails. The... 28-28-nonez and the motion fails. Senator Butler.
A1l right. Postponed Consideration.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Butler moves for Postponed Consideration. Senator DeAngelis, what purpcse do you rise? SENATOR DeANGELIS: On a point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR DeANGELIS: Up front by the press box there are some homenade tiramisur trufflesr chocolate cupcakes, available to everybody, ineluding everybody in the press box, except Rich Miller. No, Rich Miller, youdre entitled to 'em.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Madigan, uhat purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
Thank you: Mr. Presidene and Members of the Senate. When this General Assembly goes slne diee a Member of the Sena*e Republican staff is going to change hats, still work with Members of the Senate in a different capacity, and I just wanted to take a minute to thank the Gentleman for his many fine efforts on behalf of actually not only the Members of the Republican party, but also the entire Members of the Senate. And I personally wanted to thank him for his previous efforts as a former preclnct committeeman ln l66 STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ) Tazewell County and his progress up to and including hls new position. And I wanted to point ou* that he has been a -- a facilitator and a fountaln of information for both the Public Health Committee in the Senate and also on the Appropriation Committee as a staffer. And, Ladies and Gentlemen, he's going to be moving from a person that has been a facilitator and a fountain of information to the office on the Second Floor, for the Governor's Office. Where you've always, in the past, been able to get a straight answer from Scott Kaiser, starting tomorrow after the 90th General Assembly takes office, you 'll know what the attitude of his will now become; it's I'I don't know.'l Soe Ladies and Gentlemen, if you would join me in salutin: Scott Kaiser and wish him best of luek in his new pasltion with the Governor.
PRESIDING OFFICER: (SENATOR DUDYCZ) Congratulations, Scott. Senator Rauschenberger, What purpose do you rise?
For personal privllege. I'd just llke to veiy briefly add my congratulations to those of Senator Madigan. Al1 of us who have been here over the last four years have known that Wepve labored under a lot of difficulties in our Medicaid system. When' I first took office, I think the aceumulated unpaid bills in the Medicald system were approachlng l.6 billion dcllars. To a large extent, it was the wlsdom; the hard work, the insight that Scott Kaiser brought to the appropriatlon process that have helped us eliminate that backlog. There's been no more contentlous or difficule subject to work for than -- than Medicaid reform over the last four years. And with compasslon and -- and hard work, he helped guide this Chanber. And I think not only we, but many of cur children who are going to pay taxes in the futurer should be ! grateful to Scottie. And.1, too, am going to lcok forward tc the Way Scott Will be now that he has different nasters on the Second I ! 167 I i I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIFT 122nd Legislative Day January 7, 1997 1 1 Floor. Congratulatlonsz Scott.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Weaverz to move the previous question.
For the purpose of an announcement, Mr. President. There'll be a Rules Committee meeting at 11 o'clock in the Anterooms considerHouseBill375. f PRESIDING OFFICER) (SENATOR DUDYCZ) SenatorFauellewhatpurposedoyourise? 2
I Forapersonal--Nhatever--privilege. We--weare -- We . ! I are gaining Scott in the -- intheGovernor'sOffice,tohis 1 I credit. We are also losing a colleague who I think a 1ot of us have come to -- known and respect and -- and like. He is still goin: to be out at the Third Rall, but our friend, who has been our Liaison person from the Governor's Office, Mike, is going to leave us, and I think all of us Would llke to wish himr also, good luck on his new venture.
PRESIDING OFFICER: (SENATOR DUDYCZ) If you look on your desks .and pick up Supplemental Calendar No. 4, we Will be going to that order of business'shortly. On page 2 of Supplemental Calendar No. 4 is the Order of Secretary's Desk, Concurrence, Senate Bills. Senate Bill 675. Mr. Secretary, read the bill.
I move to concur with the House in Ehe adoption of their Amendments l and 2 to Senate Bill 675. ' Filed by Senator Rausehenberger. 1 PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator Rauschenberger. f SENATORRAUSCHENBERGER: 1 Thank youe Mr. President, Ladies and Gentlemen of the Senate. ; i : 168 1 ! j' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 House Amendments l and 2 to Senate Bill 675 serve tWo purposes. 1 One is to adjust the salary of the Adjutant General, the State E Fire Marshal: and the Director of Emergency Management Agency and p bring them in llne with *he Director of our Veterans' Affairs. . Al1 three of these cabinet-level executives are paid based on i statutory language that is older and has not been addressed by the / ! Compensation Review Panel. Currently, the Adjutant General, who leads our National Guard, is forty-ninth out of fifty states in ' the level that we pay hlm. This w1l1 elevate him al1 the way to . g thirty-third in the nation. I would urge your support. The ! ' seeond provision eliminates from partisan consideration the I Chairman of the Board of Higher Education, when the Governor f . selects one for appointment. In other words, currently the Board i I * - bhe Governor haS to take partisan afflliation into S consideration as he names people to the Board of Higher Education. I This would exempt the Chairman fron partisan consideration so that I ! the Governor could select Whoever he feât was best qualified to lead higher education in the State of Illinois, withaut partisan I 7 I consideration. I would urge your favorable support. I I PRESIDING OFFICER: (SENATOR DUDYCZ) J ; Is there any discussion? Senator Demuzio. Senator Demuzio . SENATOR DEMUZIO: I Hello? Thank you very Ruchr Mr. President, Ladies and ! Gentlemen of khe Senate. Senator Rauschenberger, let us also not I : forget that this is a quite confusing paragraph here With respect / to the Board of Higher Education and its membership, and we have ! agreed that perhaps sometime in the next Session we ought to I ( clarify even further the language here. So that what *e are doing I ! tonight takes care of the -- the chairmanship, with respect to the i Lieutenant Governar, but it really should, I think, for public ! policy purposes .later on, be really further clarified. So with ! that proviso, I rise in support of this btll. l69 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 PRESIDING OFPICER: (SENATOR DUDYCZ) j Any further discussion? Senator Welch. ! ssxaœoR wsucu , 1 I have a question of the sponsor. I , ' j
PRESIDING OFFICER: (SENATOR DUDYCZ) 1 Sponsor fndicates he wil1 yield. Senator Welch. i !
I Senator Rauschenbergery didn't Governor Edgar just appoint E I four members to the Board of Higher Edueation? T think it was ' last month. And weren't they a11 Republicans? ' ! PRESIDING OFFICER: (SENATOR DUDYCZ) . l Senator Rauschenberger. . ! SENATOR RAUSCHENBERGER: ! Although I serve on the Executive Appointments Commlttee, I ! there has not been a hearing to appoint four members that I'm ! I aware. I thought there Was a Message only. I have not seen the ! Message personally. You could be correct. I don't have the i I ansWer. ' j PRESIDING OFFICER: (SENATOR DUDYCZ) ' I I Any further discussion? Senator Welch. @ ' SENATOR WELCH: I Well, there is a requirement that the Board of Higher Ed be I ( blpartisan. Isnlt that correct? And what -- what are the ( r confiquration of that bipartisanship? Eight... ! ! PRESIDING OFFICER; (SENATOR DUDYCZ) ' j Senator Rauschenberger. !
! Currently, under the Statute -- not beâng an attorney, I Will I tell you Nhat I think the Statute says. It says, currently seven : members -- no more than seven members can be of the same political i party of the ones -- of the members of that Board of Higher Ed i that the Governor appoints. Senator Demuzlo has correctly pointed i 170 r STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 1997 out, it's a fairly confusing paragraph. I'm addressin: a bill on whether the Chairman has to be consldered in a partisan nature. really don't have the information to tell you where the Board is currently in its partisan makeup. I apologize.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Welch.
Well, 1et me give it to you, Senator. There are eleven Republieaps out of fourteen on that Board. There were four just appointed: Jerry Blakemore, from Chicago; Bruce Chelbergr Edwin Moore, Jane Williamson a1l Republicans. Now you Want us to make the chairmanship nonpartisan so you can appoint another Republican. Well that boy, hey, that's falr. ;ou know, that that makes a lot of sense to me. And on top of let's take a fellow to appotnt as Chalrman who currently is a Constitutional Officer, whose dutles are defined by the Constitution. Now, if he doesn't have enough to do, let's amend the Constitutlon to specifieally state the Lteutenan 't Governor of Illinois also serves on the Board cf Hiqher Education as Chairman. If -- he doesn't have enough to do, maybe that's what we should -- should do, is amend tbe Constâtution. Tpstead, What we've got here is the Governor saying that Bob Kustra doesn't have enough to do or can't find enough to do, so we 've got to make work for him. Let's find a job for hlm and put him in as Chairman of the Board of Hiqher Education. But tn order to do it, we've got to change the 1aw agaln, just like we do for every other pcsition Ehat you Want to take over, whether it's U of I Board of -- Board of Trustees, whether it's the Illënois Supreme Court, and now tonight, one more tlme you'rê going back to the well to change the makeup of the Board of Higher Ddueation so you can appoint another one of your Republieans ko this posltion. mean, hoW often are you goin: to bend the Statutes to appoint Republicans? And don't see any l71 STATE 0F ILLINOIS 89TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Leqislatlve Day January 7, 1997 I reason why the Lieutenant Governor of the State should be appointed to another position that isn't listed in the Constitution. His duties are specifically set forth by the Constitution ltself. We shouldn 't be adding to them with a posltion like this. So I would urge a No vote.
PRESIDING OFFICER: (SENATOR DUDYCZ) Any further discussion? If not: Senator Rauschenberger, to close.
I -- I appreciate everybody's thoughtful comments and concçrns about this bill. I agree uith Senator Demuzio. It's a fairly confusing Section of the Statutes, and I hope We can Work on it. A 1ot of people's understanding, for your benefit, Senator Welch, is that the Governor is responsible for no more than seven of khe ten that he appoints at large be of one political party, and so the Governor's Office, I think, perceives that they 're in . compliance with the Statute. The -- the named members who are -- who -- like the ICC Board Chair and Ehose okher things, he considers to be outside the realm of his appointment becduse they're dictated by job title, but it certainly would help if it WaS C1arlfied . I do think that the idea of considering the new Bcard of -- Board Chalrman of Hlgher Education may be khe Lieutenant Governor deals nore with Bob Rustra's particular personal skills, not with the constitutional change, but your point's kell-taken. But I kould urge a favorable roll call.
PRESIDING OFFICER: (SENATOR DUDYCZ) Question is, shall the Senate concur in House Amendments No. l and 2 to senate Dill 675. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted Who wish? Have al1voted whowish?Havea11 voted who wlsh? Take the 1 record. On that question, there are 52 Ayesr 4 Nays, none vottn: ; Present. And the Senate does concur in House Amendments No . l and i l72 ( STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 2 to Senate Bill 675, and the bill, having received the required I constitutional majority, is declared passed. Senator Severns, j ! what purpose do you rise? ! !
. 1 Thank you, Mr. President. I rise on a point of personal ! privilege. J PRESIDING OFFICER) (SENATOR DUDYCZ) ! I State your point. ! SENATOR SEVERNS: ! I was in the phone b00th at the time of the last vote. I I ! would prefer to be recorded as a.Yes vote, instead of a No vote. ? PRESIDING OFFICER:. (SENATOR DUDYCZ) I The record shall so reflect your intent. I ' SENATOR SEVERNS: j I Thank you. I PRESIDING OFFICER: (SENATOR DUDYCZ) . 1 Senator Peterson: what purpose do you rise? 1 I
I Thank youy Mr. Presldent. Point of personal privilege; ! PRESIDING OFFICER: (SENATOR DUDYCZ) I State ycur po(nE. I
In the gallery behind us on the Republican side, have the new Lake County Board Chairmany Bob Grever; one of ny constituents, and Tke Magalisg the Lake County Administrator.
PRESIDING OFFICER: (SENATOR DUDYCZ) Will our guests please rise and be recognized? Welcome to Springfield. Senator Smith, what purpose do you rise?
Thank you. Persanal privilege, sir.
PRESIDING OFPICER: (SENATOR DUDYCZ) State your point. l73 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ,. l SENATOR SMITH: I wanted to say that something happened to this button of mine, so I would like to be recorded a %es vote, please. Thank you. PRESIDING OFFICER: (SENATOR DUDYCZ) The record will so reflect. The Senate will stand at ease momentarily while the Senate Rules Committee meets. (SENATE STANDS AT EASE) . (SENATE RECONVENES) PRESIDING OFFICER: (SENATOR DUDXCZ) Committee Repcrts. ACTING SECRETARY HAWKER: Senator Weaver, Chairman of the Committee on Rules, reports *hat the following Legislative Measures have been assigned: Re-referred from Revenue Committee to Rules Committee - Conference Committee Report No. 2 tp House Bill 375: and Be Approved for ' Consideration - Ccnference ComD ittee Report No . 2 to House Bill 375. PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Geo-Karis, what purpose do you rise? Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President, on a point of personal privilege. 1 PRESIDING OFFICER: (SENATOR DUDXCZ) 1 State your point. SENATOR GEO-KARIS: . . In the President's Gallery there are two of my constituents: 1 1 I l74 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 i I 1 Patand John Tsausis- T-S-A-U-S-I-S- from Antioch, Illinois;and f in the southgallery,Ihavesomemoreofmy constituents,and I 1 have khe best conskituents: Dorothy and F'red Fettinqer, from Lake Villa Township; Otto Sprenger: from Antioch Township; and our neu 1 ' County Board Chairman and my good friend, Bob Grever, from -- Z ' l thlnk he 's from Itildeer. Am I right? And Ike Magalis, from Libertyville Township, one' of my eonstituents. And T'd like you all to welcome them. Did I get them all? PRESIDING OFPICER: (SENATOR DUDYCZ) . Willour guestsplease rise and be recognized. j SENATOR GEO-KARIS: . f . 1 Oh! Waitamlnute. There'sonemore. 1 PRESIDINGOFFICER: (SENATORDUDYCZ) f Will everyone in the gallery please rise and be recognized. SENATOR GEO-KARIS: . ( Dee and Mark --DeeandMarkWalkenbush, from Waucoqda, and J : it's Senator Peterson's constituents and their daughterr Amy; and 1 I thenDaleJohnion:from Winthrop Harbor, Illinois, kho is my J constituent and he's been out of the hospital and'looks very well and hale and hearty. And I think I got 'em al1 now . Let's 7 welcome them here. PRESIDING OFFICER) (SENATOR DUDYCZ) p ' Will everyone on the Senate Floor and in the :allery please I rise and be recognized? Welcome, to our guests, to Sprtngfield. 1 ! On page 2 of Supplemental Calendar No. 4, on the Order of f Ccnference Committee Report, is House Bill 444. Mr. Secretary, I do you have a file on a conference committee report on House Bill f : I 444? j SECRETARY HARRY : I ! Yes, Mr. President. First Conference Ccmmittee Report on . House Bill 444. ' 1 I PRESIDING OFFICER: (SENATOR DUDYCZ) I l ! l75 / ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I Spnahor Ph111P . 1 ! SENATOR PHILIP: 1 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Conference Committee on House Bill 444 simply abollshes straiqht party voting. That would include Republican, Democrat, independent: Citizens United Party, People's Party. Period. Now, you also should understand this, and this is What's happened in my county: When you vote a straight party ballot - Republican or Democrat - you are not voting for judges whc are running on retention. And what happens, people come in there and they punch straight Republicanz.think they're votin: for those judges who are running for retention. Xou have to vote straight party and then go back in your book and vote for those judges. So what we have done in ny county, because uetre afraid we may lose a judge because, as you know , on retention, you need sixty percent, so We put on the botkom of our lettersr don't forget -- for instanee, this last time we had Judge Galasso up - ''Don't forqet to punch l9l and v'ote for Judge Galasso.'' Also: if there's any kind of a proposition, a tax increase, if you vote straight party and walk out, you don't vote for or against that tax increase. 1'11 be happy to answer any quesklons.
PRESIDING OPFICER: (SENATOR DUDYCZ) Is thereany discussion? SenatorCarroll. 1
1 Thank youyMr.PresldentpLadies and Gentlemen of the Senate. l Obviously I rise in oppositiony but I find it interesting. And 1 We're taking away, really, a person's riqht to assoclation, and 1 T1m surprised, truly, at the Republican sponsorship of taklng akay j ! ' i ht to claim theydre a Republican or claim they're a l a person s r g Democrat. You know, voting, as ue know, is a privilege, and We j encourage people tc do it, buty unfortunately, we get longer and / ! longer lines: and some people - thank God, in ny area they fre I ! 176 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Democrats, but in yours they 're Republicans - say to you and to me 1 I and ko everyone else: I am a Republican, or I am a Democrat: and that's the Way I want to vote. That is the way I do vote. Those are the candidates I choose because of their party philosophy. I 1 ' I declared myself in a primary. I chose the party I wanted to ' ieipate in, and I support the philosophy of that party. I I part I want to be able to vote and get to work, or vote and geE to j 't want to stand through / church, or vote and get home. And I don 1 long lines. And now youdre saying, no, you cannot have that j freedom of association. What's interesting is, while it is aimed, i ! ! f'm assuming, hecause of the last Democratic straight party vote I ' . j in Ccok County, if you look at the list of Republican straight ' I party votes, you will find, for the last two years a significant I ' j number of counties that had greater -- excuse me, greater I ' Republican straight party vote than Cook enjoyed in a straight I I Democratic vote. Boone County, Carroll County: çhampaign County, ; ! DeKalb, DeWitt, Edgar, Ford, Henry, Iroquois: Jo Daviess, Kane, ? 1 . Kendali, Lake, Lee, Livlngston, Logan, Dupage: Marshall, I McDonough, McHenryy McLeany Ogle, SangamDn, Starkr Stephenson; I I . Vernilion, Warren, Whiteside, Will, Woodford - all had greater I 1 straight partv ''' Republican ''' vlte than Cook. happened '''-- to have in / . Democratic vote. 3ut I find it most interesting, what uedre I l really talking about is party afftltation, possibly even under the ! Fourteenth Amendment or the First Amendment, the right to assembly I I and the right to affiliate. And somewhere recently I read vhere I Republicans felt party affillation was an important criteria, as f I you look and see whether there is an identifiable party j filiation, an identifiable group that has a right to officer a l af I right -- an inalienable constitutëonal right not to have their ! party affiliation vote diluted. What I am doing, my friends, is I quoting from the lawsuit you filed this norning on *he Supreme ' ' j Court map. If you were right this morning in tbe Federal Court ! ! l77 STATE OE ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 that there is an identifiable group of party affilfation With an l I -- unalienable rightz then -- then youdre Wrong this evening ln 1 takin: away that right. Xou cannot say to a federal judge in a ! court suit you filed and signed that thts is an inalienable I I constitutional right for a party affiliation and come here and do I ith that right. I think you should all vote No. 1 away W J PRESIDING OFFICER: (SENATOR DUDYCZ) I I Any further discussion? Senator Burzynski. I sEsaToR BgnzyxsKl: I I Mr. President, I move the previous question. 1 f PRESIDING OEFICER: (SENATOR DUDYCZ) 1 . There are tko additional speakers. Further discussion? l I Senator Cullerton. ! I SENATOR CULLERTON: I Yes. Would the sponsor yield? I I PRESIDING OFFICER: (SENATOR DUDYCZ) . I . I Sponsor indicates he Will yield. Senator Cullerton. ' I SENATOR CULLERTON: I senator Philip' as I -- if 1' understood your opening ! statement, one of the reasons why you thlnk we ought ' to pass this I is beeause uùen people vote straight party, they don't vote for I ! the retention, and there's a fear that they may not vote at a11 on ! ! those races. Soy as a political party, ycu have to remlnd people, 1 don't forget to vote to retain the judges. And the same thing ! I goes on in Cook County. I'm just curious. In Cook County, ke ! don't have very many judges that lose by rêtentlon because our l I party and the oeher party gces ou* and reminds them. In the -- in l I Dupage, When was the last time a judge lost for retention? I PRESIDING OFFICER: (SENATOR DUDVCZ) ' Senator Philip. I I SENATOR PHILIP: ! I don't think ke've ever had one lose, but we have then come I ! l78 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Leglslative Day January 7, 1997 i very closey like getting sixty-oney sixty-two percent of the -- f 1 the vote. And -- and very honestly, because of some of the unusual 1 l ehings that go on in the Cook County court and all khe bad ! 're I publicity, a lot of people are turned off on judgese and so we I . -- wedre very sensltive about that. And alsoz of eourse, the ! ! referendums. If you vote straiqht party, if there's a *ax ! I increase there, you're not vottng for it or against it. I PRESIDING OPFICER: (SENATOR DUDYCZ) : I Senator Cullerton. I I SENATOR CULLERTON: Youd.re correctr Mr. Philip. There are some -- there is some ! I . bad publicity goinq on in Cook County over some judges. In fact, f ! right now, therels some bad publicity going on in Dupage County l . over some judgesr as I recall. In fact, I think therefs one jud:e ? I whofs under indictment. Butw nonethelessr people stëll are going I I out and voting for rekention, and they ave voting predominantly ko ! ' ' I retain the judges. So, somehow, those people are reminded to I vote. I think the problem with this is that We almost act like i I we're ashamed that people stil'l vote based on political I philosophy. People decide they want to vote for Newt Gingrich and l I the ''revolution'' like ehey did in .94, they go out and they vote ! straight Republlcan' and that's how many Republicans won j I throughout the entire United States. In Cook County this last f year, there was a political philosophy to vote the other way. I ! l think that's bebterr personally' than to go down the line and say : p i Okay, nowe this guyIs got a Polish name, I,11 vote for him; heIs 1 got an Irish name, 1'11 vote for her; he 's got -- she ls got an ' I Itallan name, 1611 vote for her. That's not in the form vote I I either. At least with straight party voting, there's a political philosophy thab youlre adhering to, even if you don't know the ' names and the individuals. And there's no question - and I think ' - - I'm sure your Caucus discussed this - this works both ways. And l79 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 why you're doins thts now -- you know, these thinqs swing. And in i . ? two years, you misht be better off with a straight party vote. I i I So, I mean, why we're doing it -- I think I read in the paper why welre doing it.I don't -- I dondt think thatls a very good reason f 1 to do it, and I think that some of you should really think twice 1 before you dothis. IthinkthiseanbegoodfortheDemoeratic ? i Party; it can be good for the Republican Party. So Why are We I 1 doing this to ourselves by -- by eliminating this riqhè of the i people to vote? I think it's the wronq nove. i I PRESIDING OFPICER: (SENATOR DDDYCZ) 1 l Any further discussion? Senator Severns. j
' j Thank you, Mr. Presldent, Members of the Senate. It Was the I ' I greatest leader of this State that said -- on his first inaugural to the Presidency, Abraham Lincoln, who saidk Why should there not be a patient eonfidence in th: ultimate faith and wisdom of ! the people? Is there any better or equal hope in the World? I ( think his words were right then, and theydre certainly right 1 today. I think the electoratê demonstrates much greater visdom than, oftenr we give them credit for having. I hope wisdom will prevail, and we vote No on thls bill. j
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any further discussion? If not: Senator Philip, to close. j
Thank you, Mr. President and Ladies and Centlemen of the Senate. You could still vote straighe Democratie, but youdll have to vote for each Democratic eandldate. So let's clear that. And, secondly, Senator Carroll made the perfect case in why you Democrats ought to vote for it, because Ehere's so many doWnstate Republican counties that -- that have a -- more straight I Republican votes than they do Democrats. I suspect, Senator I 180 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 Carroll; you ought to vote Aye. So -- and 1911 tell you one 1 thing: Our judges aren't getting as nany votes as they did ten years a:o and still there's a lot of peaple that forget about j ' 7 those referendums. In my Counbyy unforkunatelyz We have a lot of I referendums, continuallye and a lot of people do not vote on them j because they punch a straight Democrat or skraight Republican and ? forget to come back and voke for the judges on retention and any I ! I tax increases. so, I ask for your favorable vote. f I I PRESIDING OFFICER: (SENATOR DUDYCZ) , The question isr ' shall the Senate adopt the Conference j Comnittee Report No. l on House Bill 444. A11 those in favor Will j ' . ! . ,. . , .. .. I vote Aye. Opposed Will vote Nay, and the votlng lS Open. Have 1 l al1 voted who wish? Have al1 voted kho wish? Have al1 voted Who I wish? Take the reeord. On that question, there are 32 Ayes, 26 1 Nayss none vot in: Present, and the Senate does adopt the l Conference Committee Report No. ) to House Bill 444. And the 1 bl1l, having received the required constitutional majority, ls ' declared passed. Conference CommitEee Reports. House Bill 2735. 1 1 Mr. Secretary, do you have a fkke on Conference Committee Report / No. l to House Bill 27353 1 SECRETARY HARRY: I Yes,Mr. President. First Conference Conmittee Report on j 1 House Bill 2735. 1 '
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Rlemm. I ' / SENATOR KLEMM: j Thank you,Mr.President,Ladies and Gentlemen of the Senate. ! I Conference CommieKee Report No. 1 cn Hcuse Bill 2735 contains all ' f the provisions that were originally in the billr and 1'11 itemize l that very quickly. It requires that the compensation of elected 1 I officials, township municipal officers that is, shall be se* at i ' j least a hundred and eighty days before the beginnlng of their 1 r l81 I / STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislattve Day January 7, 1997 terms of office, and it requires for the assessorz, for township : I assessors, that their compensation be set at least a hundred and I fifty days. And this was the underlyin: blll originally. The 1 ! I language was added in the Senate that provided that the electors I . I at an annual town meetlng may add additional items to an agenda by l / a three-fifths vote of the electors in attendance, and that was I still continued in the Conference Committee Report. The items ! I th llowing: Under -- for the request of the 7 at we added were the fo 1 Township Officials, we amended the Township Code to provide that I I the audits required in tovnships appropriatlng less than two p ' j hundred thousand dollars must be filed with the township and ' j ' county clerks so that. they'd be on file and available for public j scrutiny. It makes a few other technical chançes that were 1 . requested by the Township Offlcials. Senator Petka had asked for I / some legislation to allow the Rendall County Forest Preserve to I 1 transfer tko parcels of land, One parcel is forty acresy and the i ' Rendall County Fair Association will pay tko hundred thousand / I dollars for it, I believef and the other is a small parcel of about a half an acre'ehat tb8 Xendall Township bighway department needed, and this was agreed to for that transfer of the parcel. ' For Senator Watson and Bowles and Clavborne, We Dut in tbe change ' I . ' - '' / of the Bi-state Development Agency Act to allow commissioners to participate in a meetlng by phone, where all persons, including . 1 ' g the public, can hear and communicate. This mirrors the Missouri j : 1 legislation where they work jaintly with. Tn assist Senators ; Luechtefeld, Clayborne and Bowles again, we changed the @ i l Intergovernmental Cooperation Act to allok the Clty of Columbia to ! ! buy drlnking water from St. Louis and added that they could draw 4 I it out of the -- or, the Missouri River: along as they do it now I I currently out of the Mississippi River. For Senators Petka and -- 4 Representative Hasserty we amend the Municipal Code and Counties ! . I Code and Insurance Code to require that health insurance benefits 1 ; 182 I I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day January 7, 1997 E shall continue for surviving spouses and dependents of 1aw enforeement officers who are killed in the line of duty. Local government shall pay those premiums. The beneftts shall terminate, I however, khen the spouse becomes insured under any ?ne of the 1 / following: a group insurance planr the spouse remarries, or the I i spouse gualifies for Medicare. A technical change to ensure under i ( the Insurance Code that Was requested by Sena*or Madigan for CNA. I I This proposal deletes lanquage for the exemption of bond posting J 1 requirements for reinsurers in Illinois. And for the last oney I I again for Senator Bowles and Senaeor Watson, we authorize the ? I southwest Industrial fsic) (southwestern Illinots) Development I ' ! Authority to create one additional enterprise zone, uhtch is I I located and limited by the legislation, and it's supported by the I I Governor's Office and DCCA. And I have no oppnsition to any of the I I provisions, and I do ask for your support. I PRESIDING OFFICER: (SENATOR DUDYCZ) l I IS there any discussion? Senator Dunn. i J SENATOR DUNN: 1 Thank you, Mr. President. I want to encourage the Members on 1 ' myside of the aisle to considçr thi.s bill. It contains a very J imPortant provlsion covering police officers and firefiqhters and deputy sheriffs who are killed in the line of duty, and it 1 provides for health insurance benefits forthewidowsandthe J 1 children of those officers.And it -- Ne had an cccaslon in 1 Senator Petka's districtw khich wasmy o1ddistrict,wherea Police officer was killed in the line of duty, and, believe it or t 1 not, the village where khe officer Was employed and lived, the insurance benefits for his widow and children were cut off after tWo years. And that's scmething that should not occur to a f individual who was out protecting our lives, Whether he be a I 1 fireman or a policeman. So T urge an Aye vote on this side. j ' j PRESIDING OFFICER: (SENATOR DUDYCZ) j ! : l83 I 1 STATE OF ILLINOIS 89TH CENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ; rs there any further discussion? If not, the question is, j I shall the Senate adopt Conference Conmittee Report No . l to House I Bill 2735. Al1 those in favor will vote Aye. Opposed N1ll vote I I Nay, and the voting is open. Have a1l voted who wish? Have a1l I ! voted kho wish? Have a1l voted Who uish? Take tbe record. On 1 ! that question, there are 57 Ayesr no Naysz none voting Present. I l And the Senate dces adopt Conference Committee Report No. l to ' House Bi11 2735, and the bill, having reeeived the required constitutional majority: is declared passed. Senator Geo-Karis, What purpose do you rise?
Mr. President and Ladies and Gentlemen of the Senate: a poine of personal privllege. PRESIDING OFFICER: (SENATOR DUDYCZ) , state your point. SENATOR GEO-KARIS: ' I am delighted to have with me today a younq man Nho served in ' ! Desert Storm, Who's an attorney in the Cook County State's ' 1 Attorney's Office, and ny constituent, from Warren Township, Peter I 1 Karlovics. Letls welcone him here. . I I PRESIDIMG OFFICER: (SENATOR DUDYCZ) I I Will our guest please rise -- rise and be recognized? Senator j I Geo-Karis, how did you miss one earlier? Senator Fitzgeraldy what I I purpose do you rise? ( ssxATon rzTzcERALo: I . I A point of personal privilege... I i PRESIDING OFFICER: (SENATOR DUDYCZ) I I State your point. I f SENATOR FITZGERALD: I I Thank you, Mr. President. Ladies and Gentlemen of the j f . Senatey Senator Geo-Raris just introduced Peter Karlovics. I I ' would also point out that his wife Sara is my distriet office j I 2 184 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 aide. I think she's down in my -- with my Senate office aide down here. But I also want to introduee some constituents of mlne who are here in the President's Gallery, Vince and Lynn Earina, from Rollin: Meadows, Illinois. Vince and Lynn, if yould stand up.
PRESIDING OPFICER: (SENATOR DUDYCZ) Will our guesks please rise and be recognized? Welcome to Springfield.
And also -- also, in the back Qallery, I have Ty Scbaffer, from Palatine, Illinois. Ty, please stand up.
PRESIDING OFFICER: (SENATOR DDDXCZ) Will our guest, also in the backy please rise and be recoqnized also? Welcome Eo Springfield. Senator Klemm, What purpose do you rise?
Just want you to keep moving so you call my next bill. Point of personal privilege.
PRESIDING OFFTCER: (SENATOR DUDXCZ) On the middle of page tWo of Supplemental Calendar No. 4, on the Order of Conferencç Commlttee Reports. Mr. Secretary, do you have a file on a Conference Committee Report No. 1 (sicl (2) to Senate Bi1l 350?
Second Conference Committee Report on Senate Bill 350.
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator Klemm.
Thank your Mr. President. This is a very important bill because it -- it affects the rail safety initiative of the Governor and -- and many of your and J, have worked on for some time. The Conference Committee Report deletes a1l the other provisions and becomes the bill. The Report -- and I might addr l85 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT 122nd Legislative Day January 7, 1997 ! this is a result af an accident that happened in my Legislative District, in Fox River Groverwhere you do reeall seven young f I people Were -- kere killed by a train accident, and so this was I i i the inspiration, I think, of b0th the National Safety Board and I i the Governor and everyone else tryins to find out hoW we can ) I improve our rail safety crossings in Illinois. T might add, We : ; have nine thousand nine hundred and thirty-four rail crossings in ! the State of Illinois. We are one of the largest in the entire : Union. So, 1et me go on and tell you what some of the provisions E are. The proposal increases the amount of money the ICC can use in its rail safety program from seven hundred and fifty thousand to 1.5, or we're doubling that, and it's used in a phase-out of a three-year pericd. It requires the ICC to change its accounting system so that we go on a cash basis, rather than the agcrual, so that We can do more funding and more programs, rather than tie up the dollarq. Riçht now we have forty-six million dollars that is I unspent in that Rail (sic) (Grade) Crossing Protection Fund. This i ! wl11 free that up. Additionally, we are asking that the ICC be . ! given'the jurisdiction over the rail-highway grade crossin:s, I I where the rail and' Ehe traffic siqnals ''' are inkerconnected.. Riqht '' ! noW IDOT has part of it. This Will tie it together. We have a -- i 1 a proviston that conducts a study of the relationship between l I tratn speeds and the railroad crossinç safety. At the request of I ! Senators Carroll and Senator Rauschenberger, We've alsc put in : I appropriatlons -- and the Appropriations Committee, we've -- add a ! report that chanqes when the Governor must submit a state budget. l ( Right ncW it's not later than the first Wednesday in March. This ! I provision will require that the budget be submitted the third I I Wednesday in Februaryy beginning in the Calendar year 1988 (sic) I (1998). This kill allow our committees to da its Work a little ) I bi i t better. Another provision, we have chanqed the funding l mechanism that we do for the raikroads. Right now we have 1 I i L86 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 forty-three railroad systems in Illinols. Only twenty contribute to the funds. We've done a three-tier fundlng program for them, and I ean explain that if there's any concern on We have a provision for the City of Springfield to grant them until June 30th, 1998, to continue their Capital City Railroad Relocation Authority Act so they can finish the program they had. We have a provision for a quick-take for Senator Fitzgerald in the Village of Schaumburg to improve the intersectlons of Roselle Roadr Illinois 58 and 72. And, lastly, we have a quick-take provision - this is the second phase - to be granted to the Bi-state Development Agency for the acquisition of right-of-waysy and Ehat's the operation of the MeeroLink Rail System from East st. Louis to st. clair County. The federal government has also given us fifty-four million dollars on that: and I believe that covers 1.11 answer any questions you have. Thank you .
PRESIDING OFFICER: (SENATOR DUDYCZ) Is there any discussion? Senator Burzynski. The question 1s, shall the Senate adopt Conference Committee Report No. 1 (sic) (2) to Senate Bl11 350. A1l those in favor will vote Aye. Opposed will vote Nay. And the votln: 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 56 Ayes, no Naysr and votin: Present. And the Senate does adopt Conference Committee Report No. 1 (sicl to Senate Bill 350, and the bill, havin: recelved the required constitutional majority, is declared passed. senator Raica, what purpose do you rlse?
Point of personal privllege, Mr. President.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point.
Thank youg Mr. President, Ladies and Gentlemen of the Senate. l87 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 The -- I tried to, over the past couple of weeks, jot down some notes on what I would say. And over the years, heard many a Member come through the Senate Chambers in passing, whether they were defeated in office or Whether they were too i11 to serve and had to leave or whether they were retiring. And every time I tried to jot something down, it was just too difficult, because it was -- there's so many thinss it's -- that you really had to say . When I joined the fire department, about twenty-tko years aqo, the fire commissioner then asked me to Come tc Springfield for the first EMS Act that was ever introduced into the General Assenbly. At that time, myself and tuo other individuals worked with then Geo-daris and Steve Nashy and twenty-two years later, .1 Was actually the author of the rewrite of the EMS Actz as Chairman of Public Health Committee and a Member of the General Assembly . I came here representing people from the 24th Senate Distrlct, but naybe a little bit deeper than that, a group of individuals that weren 't really recognizedr for one reason or anokher, ln *he General Assembly, and that were health care Workers throughout the State of Illinois. I tried to make their lives a little easier at times and, hopefully, a 1ot more safer, and 1 think I've done that. BuE I probably wouldn't have been able to do that Without Senator Philip. Senator Philip allowed me to be the Chairnan of Public Health and actually fulfill a dream that I never thought I Would be able to do. I'd like to thank Senator Margaret Smith, who is my Mlnority Spokesman, for her kindness and gentle Words in allowlng me to be Chairman of that committee and do What not only I felt was right at times, but uhat a majority of the committee felt was right in assisting people not only in my district, but throughout the State of Illinois When it came tc health care natters. To Scott Kaiser and Deb Lounsberry, as my staff people, who were two great individuals and actually helped me keep the ship afloat through some pretty rough waters at times. I also l88 STATE OF ILLINOES 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I served on the Local Government Committee: and I probably had one l ot the greatest staffers there, Peg Mosgersr Whoy to me: Was not f 1 only a -- a staff person, but a good friend. Penny Zimmerman, who j I is my press person here in Springfield, and I used to joke at : I . times because she would come up to the Senate Floor and say: 1 I ''Senator, do you want to review what I said in this press release, i '' And after the first l just to make sure everythin: was said right? ! two or three times, I looked at the article she printed for me and ! J knew that there was no way I eould make those articles bekter, and ! I could not say 'em any better than Penny did. Jeanne Woody : my ! ' p secretary, who served with ne for almost the entire ten years that : . I I Was heree she served as a frlend and confidante: and everybody ( Who passed through that office, I hope, was made comfortabler I ' j including constituents, lobbyists and fellow Members of ehe I I General Assembly . To Traceyy the Sergeant at Arms, we developed a I relationship that Was more than a staff and a Senator ! ! relationship. We would joke about -- everyday I would come down ! herey he would ask ne if he wanted me -- or if I wanted hin to ! I file a flight plan for the Batmobile on the way homey and it klnd ! ! of beeame an everyday occurrence when ' I served in the General ! ' Assembly. Tracey: J >ill definitely miss you. To Senator Walter ? I Dudycz, I remember when the Vietnam parade was held in the City of Chicagoy and you were in ehe parade and I was detailed to the I ! parade on that day, just before I ran for the General Assembly, : ! and we net ln the intersection of Congress and Michigan. And I . ! guess, from therey the rest was history. I Will truly miss you. I I I never had a big brotherr but if I did, you were khe biq brother I that I had here in Springfield and at home. One of the hardest J ! things, I guesse tomorrow is goin: to be getting up in the mcrnlng ! I and not hearing the words, f'The hour of noon havinq arrived, the : I Senate will please come to order. Will the Members be at their . I ' f desks and the gallery please rlse.' You Were all truly friends. ! I l89 4 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I would like to thank khe people of the 24th Senate District for I allowing me to serve here an d represent them. And especially to I I you Members who allowed me to be myself, I love you all. Thank I ! yOu. 1 1 PRESIDTNC OFPICER: (SENATOR DUDYCZ) I Supplemental Calendar No. 5 was distributed on the Members' ' 2 desks. Supplemental Calendar No. 5, the Order of Conference I I Committee Reports. House Bill 375. Mr. Secretary, do you have a I I file on Conference Committee Report No. 1 to Rouse Bill 3757 I I be: your pardon. Conference Commitkee Report No. 2 to... ' SECRETARY HARRY: ' ' ! Second Conference Commttkee Report on House Bill 375, Mr. ! 1 President. 1 PRESIDING OFFICER: (SCNATOR DUDYCZ) $ I Senator DeAnqelis. ! SENATOR DeANGELIS: . ! Thank you, Mr. President. House Dill 375 is a little l different than f khought it was going to end up being, but ycu ' ! reccvnize in this place sometimes that What comes out is not what ! I you thought it night be. Howeverj I am pleased Ko be the sponsor ! for the product that there 1s, so I'm goin: to need some help by ' some of khe people Who put some things an thts. The first part is ! requested by the cities of Peoria and Sprinqfield to expend -- ! extend the life of their TIFs from tweney-three to thirty-five ' ! years. The seeond park is a request of Senator Watson, andz ' Franky I would like if you would just briefly explacn what that I ! does. I PRESIDING OFPICER: (SQNATOR DUDYCZ) 1 I Senator Watson. f I SENATOR WATSON: 1 ç ! Xes, thank you. This is a piece of -- of language that s ! . supported by Senator Clayborne and Bowles in thQ Metro East area; ; I I l90 I STATE OP ILLINOIS 89TH CENERAL ASSEMBLY RCGULAR SESSION SENATE TRANSCRIPT :22nd Legislative Day January 7. 1997 deals with a sales tax or a actual transfer tax that's now being employed on the transfer of title . In other wordsr that kould be an automobile: moeorcycle, motor homer and some cases: a trailer. It's a tkenty-dollar transfer fee, instead of a sales tax. And what wepre asking here is that if, in factr that sale is less than the tax would be for twenty dollars, then would be the sales tax or twenty dollars: whichever is lessr and this would help those people kho are -- selling trailers for two hundred dollars. And in current laW -- current practice, they have to charqe a tWenty-dollar transfer fee. This would allow them to charge a sales tax, and then ultimabely be a fairer tax for those people who purchase lesser priced titled merchandise.
PRESIDING OFFICER: (SENATOR DUDVCZ) Senator DeAngelis. SENATOR DeANGELIS: The third part is a request from khe Metropolitan Water Reelamation District to allow a de-annexation of a property in which there are no people. There is a piece of property in Mission Hills Sanitary Districtr outside of the Village of Northbrook in an unlncorporated area, and they wish to de-annex. There is no mechanism currently. This bill permits: through this Acty the mechanism to be able to de-annex. So, before I ask for yaur favorable conslderation, 1et me just -- if -- I have a request that I would like this Body to honor they choose. Wedve been working for two years to reform the TIF 1aW in the State of Illinois. It reached somewbat of an impasse recently, and as Lombardi used to say: We never lost a ball game; We just ran out of time. Well, we have run out of time; at leas: my time has run out for that. But I have been -- Representative Leiteh has assured me that he uill nove forward. have -- would like ko have somebody pick up the gambit here on ehis side. ïf nobody picks it upz have urged Senator Rauschenberger to -- to handle STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SEKATE TRANSCRIPT 122nd Leqislative Day January 7, 1997 ! thls, who would like to handle ie with a mallet. So, we need to 1 , I do something about the TIF situation in the State of Illinois. It I ! 1 probably is not as abused as we think it is, but We really need to / I clean it up. I would like to ask for your favorable support on j ! House Bill 375. ! ! PRESIDING OFFICER: (SENATOR DUDYCZ) I Is there any diseussicn? Senator Cronin. I i SENATOR cRONIs: l 1 Thank you, Mr. President. I don't want to belabor anything J ! ; here. I just have a quick area of inqulry. Welre tired and it's ! l late, and, you knowr these kind of bills sometimes scare me ! ! because I don't really know What it says. And on page l2, it I defines the TIF district that ls apparently the -- the focus or I the -- *he goal of thls legislation, but it doesn't -- it doesn't J mean a lot to me. I mean, it's extending the life of a TTF ! I district, and I dop't know if i: applies to a TIF district in the I 1 . district J represent. J don't know tf it applies to the TTF 4 i district in Senator Lauzen's district or anyone else's here. How ; I can yOu assure US that this language only applies to the areas I i 3 that youIve noted in the Metro East areas and no other areas? . PRESIDING OFPICER : ''(SENATOR DUDYCZ) I ' . I senator DeAngelis. ! i SENATOR DeANGELIS: 1 I Well, if you,11 -- one refers to Sprlngfield and the other I refers to Peorla. And lf you read the definition, it states that I ' I the size of the bond issue, when it was initiated, the dates it j Startedy the dates it ended, and it's Closely enough defined bhat ! I they would recognize that it's those two districts. i , ! PRESIDING OFPICER: (SENATOR DUDYCZ) j I Any further discusslon? Senakor Clayborne. Senator I Rauschenberger. ? SENATOR RADSCHENBERGER: I 192 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 122nd Legislative Day January 7: 1997 I I just wanted to rise very briefly and express sone concern. Hopefully someone rational Will plck up the effort tc reform TIF, and if not, I hope to be able Eo participate in 1k. I guess I1m concerned that wedre again extending the life of TIF districts, which divert tax money which would normally rlghtfully accrue to the other governmental units, and you're shifting tax base respcnsibility. I realize it's late in Session, and I sure didn't want ny last Aldo bill vote to be a No vote, but I'm not sure this is the right time to be extendinq TIF districts, in the -- the Wee hours of the session, and -- and -- but it's okay, I'm sure, Aldo, if it goes out 58 to 1. Thank you. PRESIDING OFFICER: (SENATOR DUDYCZ) . Is there any further discusston? If not, the question is# shall the Senate adopt Conference Comnittee Report No. 2 to House Bill 375. Al1 those in favor will vote Aye. Opposed Will vote Nay. And the voting is open. Have al1 voted Who wish? Have a11 voted Who wish? Have al1 voked who kish? Take the record. On khat questions there are 47 Ayes, 4 Nays, 2 voting Present. And the Senate does adopt Conference Committee Report No. 2 to House Bill 375, and the bill, having received the required constitutional majority, is declared passed. Senator Geo-Karis: wbat purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR DUDYCZ) State your point. SENATOR GEO-KARIS: 1 Mr. President and Ladles and Gentl/men of the Senate, three of / our colleagues are finishing tomorrow, and Ild like to say that I ! have enjoyed working with David Barkhausen, Who is from my county. f I enjoyed Working with my former seatmate, Robert Rai. cay Who is a i I delight and good-looking gentleman. And I delighted working with 1 I ! l93 1 I J : STATE OP ILLIROIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRJPT i I 122nd Legislative Day January 7, 1997 Senator Aldo DeAngelis. He and I came to the Senate at the same tlme. Theytre three very fine gentlemen. I know I'm goinî to miss them, and I'n sure they're going to be missed by al1 of us. And al1 I can do is say I wish you the very best of healthr happlness and success in any of your future endeavors, and it's been a pleasure serving with a11 three of you. And am goin: to miss all three of you.
PRESIDINC OPPICER: (SENATOR DUDYCZ) Resolutions.
Senate Resolution 283, offered by President Philip and al1 Members of the Senate. (Secretary reads SR No. 283)
PRESIDING OFPICER: (SENATOR DUDYCZ) Senator Philip. SENATOR PHIAIP) Thank you, Mr. President, Ladies and Gentlemen of the Senate. AndrAldo, I don't think I've enjoyed anybody more in the Senate than' have you. And I can remember when you were a freshman and we had a Leadership eontest on our slde of the aisle, and if I remember correctlyr I think that you were the first freshman we ever put in Leadership. I took some erlticism for that, bu* will tell you one thing: was justified. ïcu certalnly have added to this process down here. 1'11 have to tell you a little story about tonight. He came in my office here about two hours ago, and he said: ''I happen have some leftcver dinner from last night. Woukd you mind if brouîht it ln your office and invited somebody ln?'' And I said: I certainly do objeet. I've been eating your leftovers for fourteen years, and I'm about fed up With it. I want to be invited for the nain course when you serve it. I :et the second or third or fourth day, and very honestly, I -- you knoww I've had it about up to herer Aldo. But l94 STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 I'11 tell you one thing: We a11 1ove you. Youfve gOt -- you bve ' I got one of the greatest sense of humor and attitude. You have a I I great attitude. You always see the bright side of everything. j You're willin: to Work With people. Xou have an open mind. And, 1 . 1 quite frankly, webre a11 going to miss you. Particularly in I J . Leadership, we're going to miss you, Aldo. And I know you Will do I well. I understand you may come back to haunt us, and we will I welcome you. And remember this: We 're only a telephone away. If 1 : I we can do anything to help you, we certainly will bend over i I I backwards, because you have been a great Member of the Senate and 2 . reflect well on the svstem. I . ''' I /RESIDING OFFICER: (SENATOR DUDYCZ) , . I 1 Senator Collins. j SENATOR COLLINS: I I would just like to say that the twenty years that I've been ! 1 here, Lf I would -- had to ehoose a person on the other slde of j J the aisle to defeat, and I had a choice, it most certainly would I not have been Aldo. I have had a very good relationship' Working 1 I relationship, kith him . Even the times when we 've disagreed, he J I did it in such. a way until he made -- at least he made me laugh i a bout it. He taught ne a 1ot: tooy about myself, the years that I ' t I've been here. And when this side -- We were in control, I could I I always count on DeAngelis on those issues, borderltne issues, kc I be sympathetic toward Whatever the issue was that I was voting. I I Senator DeAngelis, and Roger Keats, was one of those other people I ! ' I on the other side of the aisle that I could go to and reason With I ' and sometimes get support. As a matter of fact, I see him and i i have alvays seen him as a man that had his own beliefs and his J 1 princlples and integrity, and he stood by those and he voted I I accordingly. With the exception of the last: I would sayr two ? years, he bastcally didn't follow party lines; he voEed hts I . I conscience, and I respect a person for that: even though I may i f 195 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7: 1997 ! f have disagreed with some of the things that ie'd done. I'm goin: 1 to miss you, too, DeAngelis, even khouqh I came out to your I 1 district and I campaigned against you. That's true. But -- I -- I 1 I want you to know it kasn't personal. I love you. But We needed a I seat. Now, if we could have traded that off for somebody else I I over there, I know a 1ot of people over ehere T would've rather 1 I taken out than you. But you were just: unfortunatelyr easier to I I takey and so we had to take What We could. I'm îoin: to miss you: j / and I kish you luck. And wedre going to Still be friends. I 1 understand youdre going to still be out there tn the hallway, and I ' j Ifm sure I can come Out there on the Rail sometime, When it gets .1 . f tough in here, and get a laugh. So it's just been great workin: I with youy and I Wish you every suceess in your new career. . I PRESIDING OFFICER: (SENATOR DUDYCZ) 1 Senator Maitland. j SENATOR MAITLAND: My frienz, Aldo, this is a -- this ls a day J have not looked ) forward toy at all. You and I met first in 309, after you had had 1 ' a successful victory in the election of 978. We came to khis 1 place th: same time, seated in '79, and it was a friendship that d was automatic from the very beginninq. And the neat thing: Aldoy ) I is the fact that you and I have shared so many of the same I ' rved together. And paramount f concerns in the years that we ve se 1 among those issues has been the issue of school funding, and you I I have stood tall in that arena and made tough decisions and asked I for some tough votes on some tough bills. But you always had *he boys and girls across this entire State in mind. You ar9 not I ! parochial. You have been partisan when you have had to be' but J you have been a statesman for most of the eighteen years that ' b here. My friend, I'm honored to have served with you. 1 you ve een i I'm honored to know your family. Pou are, indeed, a giant among 1 . 1 men. The best of luckr my friend. ! 1 l96 STATE 0F ILLINOIS I 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 I PRESIDING OFFICER: (SENATOR DUDYCZ) I Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. I came to Springfield in May of 1977, on the 22nd, the second tine in my life I'd ever been to Springfield - once when I was ten years old. T came to attend a committee neeting regarding some cbanges that I felt Were necessary if we were going to contënue in Illinois in the steel industry. And the reception at the onset was fine. The bill went out of committee. In tact, it was sponsored by who was to be my opponent later on. It came out of the Senate, Went over to the . House. Speaker Redmond said the bill Would be called at j 7 o 'clock. And true to his Wordr he called it at 7. But the bad l ' news is, When the roll call was going against him, he adjourned j 1 . the Session. Coinctdentallyy then, I -- through an accident of one of our Members that I came down with, Who had to go to the ) emergency room, and unbeknownst to me, I ended up having dinner with the tWo gentlemen who were to be my opponents in the future. ' One was an incumbent State Rep, and the other Was an incumbent State Senator. And I learned samething from that night: I learned if youbre going to drinkz do it with good friends. I also learned ' something else: that you donft ehastise the process that you're involved in. And they kept referring to HWell, thatls the Way things are; you can't do much about it.'' And on the way hcme the next day, I was thinking: Why do we need these two guys down here lf thatls a11 theyfre golng to do? But I had not really given sertous thought even at that time; howevery I did call the Republican incuabent State Rep , who had indicated he wanted to run for the Senate, and asked if there was a possibility that I could run for SEate Rep. And he told me no , because they had picked somebody for that slot already . They picked a guy who later on was dlsmissed for theft, and they picked another guy Who was ! 197 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIOM SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ! unemployed. T qot very mad and decided to go after the person who was going to make the seleceion to ensure that J could not run for State Rep . Now, let me tell you why I decided to run for State Rep, though. After leaving Springfield and going back home and thinktng about what was going on, I saw the very things that had helped me get to where I was disappearing. My father came here J from Italy when he was twenty-slx. He came because he lived in a 1 house with four people -- with four rooms that had twenty-eight people, and if he kere to marry in Italyr he would have to bring his wife in, which was the tradition. And he came here because he better for his children. And ae the same time 1 wanted something I , these things were happening in Springfieldz there was a President I of the United States - a good, kind, gentle, hcnest, God-fearing ) man - by the name of Jimmy Cartery who sacd - who said: We must I I learn to live with less. And I did not want to be the first 1 I qeneration in American historv to tell their kids: You have to 1 I have ïess than your parents. And When I lcoked around me to j determine Where I Was most affected - and a11 through m'y business career, I used to draw these disaster wheels to find out who's 1 , 1 hitting on you and then pick the one that uas hitting you on the I hardest to qo after - I saW it Was the State of Illinois. So. i 1 1 came down here. And I have to tell you: I came down here with 1 J absolutely no political experience; althoughy I have to admit for 1 the first kime tonight, that I uas a precinct conmlitteeman in j Dallas, Texas - a Democratic precinct committeeman in the only ) city in the United States - major city - that gave Richard Nixon a 1 plurality. But after returning back here in '65r T pursued the business end of it and forgot about politics. I came down here with the idea that those who served here only thought of themselves, weren't very concernedy and really didn't have an 1 1 outstanding background, and dâdn't work too hard. I was . absolutely wrong on all four of those. I learned, scmetimes it was ) ! i I 198 ! STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January ?, 1997 tough, that you had to do a 1ok of convînckng. T can recallr the ' 1 first word that I used that was considered to be an error Was ! ! ''eeonomlc devetopment''. It was almost akin to a social disease at 1 that tine. If you fll recally ''economic development'' was the buzz : : word for being pro-business. Today, a Session doesn't go by that ' we don't talk about economtc develapment. And I'm pleased kith E thatF beeause people have learned that when youdre talking about ' jobs, ik takes everybody's involvement. Yes, I uas urong. This is the greatest fraternity in the world, right here in this Body. There are a1l kinds of people. And, franklyr as hard as it might be, I've learned one thing: that you don't take things personally. And, Senator Jonesy as much as 1.Wanted to rip your head off on election night, I knew that you were doing what you thought you ought to do. And I leave with the feeltng that whatever has occurred is not personal. And I do not leave with the sense of defeat, because I feel I have accomplished a lot and I feel I've done it - to use Sinatra's words - ''my Wayff. It has been an extreme pleasure. I don't think I've' ever enjoyed anything so much. And people have talked about my sense of humor. Well, a sense of humor comes from the .feeling of feeling good, and I've always felt good in this Body, regardless of what was ioing on. And I leave With that feeling. And T want to say to a11 of you that -- thanks for letting me be here, but I owe two a special : thanks) one to Pate Philip. And Pate Philip and I don't agree. ! ! In fact, Senator Jones used to taunt Re durlng the campaign and : say, ''Isnft Pate coming here to help you?'' And I said: He is, by l : not being here. But I've got to tell you: Nobody is a Leader I ; like Pate Philip. And for him to give me the opportunity to becone a Minority Leader -- Assistant Minority Leader in my ! freshman - which I believe youdre righty Pate; it was the only : time it's ever occurred in .this Body - was indeed an honor that I will never forget. The other person I want to thank is my father, I l99 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislatlve Day January 7: 1997 who has been long since dead, and my mother, because ehey made me 1 the first and only Italian-American Republican Senator ln Illinois I history. And I'm real proud of both of those. So I Will be I leaving: and to not get too biblical, for a little while. I Will 1 I return. And I hope that as f do: I can share With you the same / I friendship I've shared previously. I Will not ask you, in my new ! endeavor, to do anything that's going to hurt you# and I will ; never ask you to do something that I canlt pay back. But I do : want to ask you - I guess you shouldn't be putting a plug in when ' you're leaving - to leave your door open a little bit so I can come in and talk to you every once in a while. Thanks for everything, and God bless you all. . '
PRESIDING OFFICER: (SENATOR DUDYCZ) Mr. Secretary . SECRETARY HARRY: : Senate Resoluticn 284, offered by President Philip and a11 Members of the Senate. : ! . (Secretar''v' reads SR No. 284) ' ! PRESIDING OFFICER: (SENATOR DUDYCZ) ' q Senator Philip. ! ! SENATOR PHILIP: . . I Thank ycu, Mr. President and Ladies and Gentlemen of the @ l Senate. I've been thinking about the first time I met Senator ! ! Barkhausen, and I believe it was when he was runnin: for the Senate for the first time in Southern Illinois, unsuccessfully. ! ! But he was running in a Democrat dlstrict. I remember he did a I ) 1ot of jogging, a lot of campatgnin: and was a very îood I candidate, and he came very close to winning. And then he saw the I I light. He saW the lighe in Northern Illinois in Lake County. J I Moved up there. As you know; he flnally Was elected to the 1 S 's been a very distinguished Member. He's done a great l enate. He i job as Chairman of the Finance Committee. And when I have a ! ! ( 2Q0 STAT: OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 question that I'm pondering, T just kalk down about four desks and i I talk to HBark'' about his opinlon on my questione and he always 1 nakes it clear and straight to the point. Bark: we're going to I I miss you. The other nlght they had a retirement party for your j and I hadn't seen your dad in -- in a long, long time. His father 1 l was the Director of Conservation when I was first in the Illinois I I House of Representatives and was truly a fine gentleman and did a 1 J great job for that department, and you certalnly reflect well on 1 your dad. It was certainly nlce to -- to see him. And -- and, 1 I very hones*ly, he's a little bit older than I am, but he's in a p I hell of a lot better shape than 1. But, Bark, we're going to miss ! 've certalnly -- have added to our process here, and you ! you. You ( reflect well on this Senate. And ke certainly are going to mtss 1 . I you. ! 1 I I END OF TAPE ! ! . 1 TAPE 6 ,1 I . I . I PRESIDING OFFICER: (SENATOR DUDYCZ) . / I senator Barkhausen. I i SENATOR BARKHAUSEN: / I Thank you very much, Mr. Presidentr and Senator Philip, for 1 your kind words tonight, and certainly for your many kindnesses 1 f . and helpful assistance over the years. Xou know, the hour is late I and this campaign brochure that was just read into the record had I more exaggeratëon than it Would have if T had krltten it myself, . 1 I but I appreciate the -- the tribute very much. By now, all of yeu ! ! na doubt feel, wibh some justificatlon, that over Ehese sixteen j ' j years, you've been subjected to enough boring speeches from me, I ! 20l . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT 122nd Legislative Day January 7: 1997 ; too often about obscure legal subjects, to have to bear yet another one here at this advanced hour. So havlngz perhaps, used I I all of my allotted time, I an not sure I should be entitled to i ( make khese partin: remarks. Even soy I ask your indulgence just ! I one mcre time. If one can call an ambition to serve in the I I Illinois General Assembly an inspirationr T vould say that ik ' began for me in 1969. I had the chance that summer to Work as a college intern in the brand neW Illinois Bureau of the Budget under Governor Dick Ogilvie. I spent June of that year in Sprlngfield and, you'd be interested to know, began then to learn how to stretch the value of the per diem that. I would later receive as a legislator, saving almost a1l of my five hundred dollars a month salary. I stayed just a few blccks away from here on 4th Street at the Capitol Hotel. I bet most of you haven't even heard of it, for it was razed about the tlme I came here, in the early '80s. Stayed there for *he unbelievable rate of fourteen dollars a week. That's right, per keek, and I'm talking about 1969: not 1869. No, they didn't' have maid service, and unlike my current digs over at the Best Inns, there Was no free ! ! Special R breakfast. Welly June of 1969 Was a very eventful time I ' ! in the Illinois Legtslature, and I was asked'to . follow a number ! of the conmittee meetings and regular Sessions, whlch I did from ! I all of these galleries. At one point, when Governor Ogilvie was I I feelin: particularly frustrated with the Republican Senater not I I unlike today on some occasions, he expressed the hope to our group I ! of lnterns that some of us would one day run for the Senate. j Well, I didr and so did Carl Hawkinson, Who I believe that same I summer kas workin: for the Republican SEate Central Committee. ( Even though I had the good fortune to come here at an early age' I did not take the most direct route, as Senator Philip has alluded to. Although a produc: af *he North Shore, my father had a business and my parents had a second home in Scuthern Illinois. I I I 202 I j 89T ST HAT GENO EF RAI LLA LS IN SO EI MS BLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 It was there that I Went to 1aw school when one opened at SID in 1973, and there, in What is now my friend Senator Rea's district: that I first souqht election to this Body in 1976. Though I Was ultimately unsuccessful, the experience of campaignin: over a year and a half through twelve counties in that unique and uonderful, but a1l too Demoeratic, part of khe State taught me a great deal about people, about politics, and State governmenb that has surely been very valuable to me both here and everywhere else in life since then. started over politically, moving back to Lake County after that experience, as I went to uork as a lawyer in Waukegan. Wlth the help of my dear colleague to the north, Adeline Geo-Karis, and the support of the Lake County Republican Party, I was nomtnated to *he House over an incumbent Republican in 1980, and when Senator Karl Berning retired two years later in the reapportionment year, I had the good fortune to move quiekly here to the upper Chagber: as we like to think of it. Since thenr I'd have to say I have led something of a charmed political and legislative llfe. have been 'able to qet reelected fairly easily, without a1l of the demands of a political nature that many or most of you face on a day-to-day basis. That has given me the chance to focus with some success, I'd like t' o think, on issues oà particular lnteresty and it has enabled me to lead a fairly normal home life, as have evolved over these sixteen years from the status of a hopeless and helpless bachelor to a happy husband and father of two young boys. My work here has been eased at every turn by my loyal, dedlcated and ever-cheerful secretary, Shirley Milburn, and a capable and hardworking staffr many of whose members I would count among *he best friends Ilve made herey and has been nade vastly more pleasant by the remarkable civility of thls Body and, indeedz the genuine warmth and affection that most of us have for each other most of the time, and believe it cr not, even tonight. While I am unlikely to seek further elective 203 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 office, I look forward to staying active and being helpful Where I : l can and continuin: to work w1th many of you and enjoying your I l friendship as I do so. Sor as my friend, Aldo: said, this is not ' ! a permanent good-bye. I simply take my legislative leave, sine ! ! die, with a sense of accomplishment and gratitude as, in the words of Abraham Lincoln upon leaving Springfield, HI bid you an affectionate fareWell.'' Thank you and God bless you all.
PRESIDING OFPICER: (SENATOR DUDXCZ) Mr. Secretary.
Senate Resolution 285, offered by President Philip and a11 Members of the Senate. . (Secretary reads SR No. 285)
PRESIDING OFPICER: (SENATOR DUDXCZ) Senator Philip. SENATOR PHILIP: . Thank you, Mr. President, Ladies and Gentlemen of ehe Senate. And, Bob, T would honestly say that ycu?re mg favorlke -- paramedic. I knew it Was going -- I knew it Nas going to eome' out. And if I remember -- if I -- my memory, I hopey is as good ' as it used to be, that *e h#d to twist 'your arm and kind of talk ' you into running for the Senate, for the first time. And I can't ' remember the name of the ward commltteeman. I know he Was Italian ! and it was a long name. And after a lot of kibitzing and twisting i ! your arm , you finally declded ko do tt, and it was a tough race; I you did very well andy of course, were elected and came down here l I and became part of the team. 7oubv8 done a great job on the I I Public Hea1th Committee. I liked the Public Health Committee ! i because it didn 't waste a lot of time. They came in and heard ! their bills and go* out and got the job done. And it was one of ; the best-working committeesr I think, that we've ever had, to : . Bob's credit. And wedre cerkainly going to miss you. I know that ! 204 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 i you wlll be coming down here lobbyin: us for the Chicaqo Fire f Department, I'm -- I'm assuming. But you've been a qreat Member. 1 1 you,ve been a 1ot of fun, and you mix a great Caesar salad. Now / you have to think about that, right? Well, anyway, good luck to you. Remember, wefre only a telephone away.
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Raica. Senator Raica. SENATOR RAICA: 1 J Thank you, Mr. President. Two quick storles. When -- when I j was appointed to Chairman of Local Governmentr after our first -- 1 or, it Was either the first or second commlttee hearing, I got . I called into Senator Weaverfs office. And he sat me down, and I'm 1 . thinking, 'fGod, how could I have serewed up. We only had' tWo . committee hearings.'' He says, ''Bob,'' and he looks at me like -- j it was like sitting across from Abe Lincoln. He lnoks at me real 1 seriously and he says, ''Your committee hearings are mucb too fast. . 1 J You have to slow downv'' And I'm sitting there thinking, you know, 1 I've went into a1l these oéher committee hearings and theyfre like 1 1 dragging it on and on and on. So I figured if we take forky-five 2 seconds or fifteen seconds on -- to gek in and out, that's pretty quick, 'cause everybody complains the'y don't have enough time to do. That was the first time, I think, anybcdy was ever yelled at for taking too little of a time in eommittee and not enough tlme. And then the other story is, I thlnk a 1ot of people know that occasionally I had the tendency to vote on the other side of the aisle, which didn't make thinqs bad. 1* loosened up -- well, anyway. Pate would call ne in hts offlce, or put his arm around me and goes, ''Bob, can you tell me why r only have problems with you? I never have to talk or beg anyone else. I always have to talk to you.'' So yesterday and today, I think I voted more than I have in the ten years With Pate Philtp. So, joktngly, Walter Dudycz and I are talking, and Pate come by and he put his arm I i 205 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 around me. r says, ''You knowr Pate,'' T says, ''J don 't think I k ! did bad the last two days. As a matter of fact, I think if I I I would have done ehis more often, I probably would have still been j here.'' And he looked at me with a grin and he said, ''Probably.1, !I So, Ladies and Gentlemen, once again, I had an experience in 1 1 Springfield and met individuals that I would never have the ' ! opportunity cf meeting befcre had T not had the opportunity to : ! serve here with you. I kind of took things in a joking nanner and : allowed my sense of humor to overtake me at times, only because in . the profession that I'm inr When you have people who liter4lly are not surviving because of one tragedy or ancther, and you have the ability here to make a decisicn, whether it be right or wrong: but you have that ability and you have that time to make that decision. I think that's a pretty niee and comfortable positton ! to be in. And -- and, actually, I wouldn't have given this up for ! the worldp because youlve allowed me to be part of a family thaf only -- and I kould explain to my kidsy I Was one of fifty-ntne individuals that had tée pleasure and *he opportunity to serve in this awesome, akesome Body. 1 would drive here and lock'at this ! building .and it, to this day, means so much to me to have known . that somehow, someway, maybe I made a difference. Be it so small, I was allowed to be here for ten of ehe greatest years of my life, I and I thank you once again. PRESIDING OFFICERI (SENATOR DUDXCZ) . ! Mr. Secretary. I : ; SECRETARY HARRY: l Senate Resolution 286, offered by Senator Jones and all ' l Members of the Senate. I I It's a rettrement resolution, honoring Senator Alice Palner. j l PRESIDING OFFICER: (SENAQOR DUDXCZ) I 1 Senator Philip moves to suspend khe rules for *he purpose of the immediate consideration and adoption of Senate Resolutions i ! 206 ! , STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR sEssloN SENATE TRANSCRIPT 122nd Legislative Day January 7, 1997 ! I 283, 284, 285 and 286. All those in favor kill say Aye. Opposede Nay. The Ayes have it. The rules are suspended. Now, Senator Phllip has moved for the adoption of Senate Resolution 283, 284, 285, and Senator Jones has moved for the adoption of Senate f 1 Resolution 286. A1l those in favor, say Aye. Oppased, Nay. The I I f Ayeshaveit,and the resolueions are adopted. We Will now proceed to the Order of Resolutions Consent Calendar. With leave 1 j 1 of the Body, a1l of those read ln today Will be added to the I 1 Consent Calendar -- Calendar. Mr. Secretary: have there been any I I objectlons filed to any resolution on the Consent Calepdar? I 1 SECRETARY HARRY: . No objections have been filedy Mr. President. PRESIDING OFPICER: (SENATOR DUDYCZ) If notr the queskion is# shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposedr Nay. The motion carriesy and the resolutions are adopted. Is there any further business to eome before the Senate? Senator DeAngelts. SENATOR DeANGELIS: Thank you, Mr. President. I move that *he Senate adjourn SINE ) 1 oIE. 1 PRESIDING OFFICER: (SENATOR DUDYCZ) Senator DeAngelis moves that the Senate of the 89th General 1 . i A yon slsE DIE. The senate is 1 ssembly stands adjourned sess I f adjourned. l 1 ' I j I 1 l . 1 . I I 1 1 207 A ** . ' e'' G REPORT: TIFLDAY STATE 0F ILLINOIS 97/03/03 PAGE: 001 89TH GENEPZL ZSSEXBLY 0S:15:30 SENATE DAILY TRANSCPIPTION OF DEBATE INDEX JANUARY 07, 1997 H8-0207 RECALLED PZGE 112 HB- 02O7 THIRD REâDING PAGE 115 1 H8-0375 CONFERENCE PAGE 190 HB-OkR) REFUSK TO RECEDE PAGE 11 HB-ORRV CONFEREKCE PAGE 175 H8-0995 RECALLED PAGE 1 1 H8-0995RECALLED H8-0995 THIRD REZDING PAGE PRGE 12 18 j I H8-0995 0DT OF RECORD PAGE 10 I HB-0S95 OTHER PâGE 38 1 RB-09j9 RECALLED PAGE 117 i H8-2702 CONFERENCE PAGE 58 i H8-2702 CONFERENCE PAGE 131 H8-2702 HOTION PAGE 63 I H8-2702 MCTION PAGE 126 ! HB-2TO2 MOTION FILED PâGE 63 1 H8-2702 XOTION FILED PAGE 126 I 88-2735 CONFEHENCE PAGE 181 I H9-3695 RECàLLED PAGE 138 I :8-3695 THIRD READING PAGE 1t6 1 SB-0021 CGNCURRENCE PAGE 1#7 :8-0157 CQNCURRENCE PZGE )3 1 58-0350 CONFERENCE . PZGE 80 1 SB-0350 CONFERENCE PAGE 185 ' 58-0522 CONCURRENCE PAGE VR ' SB-06T5 CONCURRENCE PAGE 168 ! 58-0675 OTHFR . PâGE 173 -1 :8-0729 CONCUR?ENCE PAGE 57 I 88-0825 CONFERENCE PAGE 81 I 58-1696 CONFERENCE PAGE 110 ! 5R-0279 RESOLUTION OFFERED PAGE 2 SR-0280 RESOLUTION OFFERED PâGE 2 i 5R-0281 ADOPTED PAGE 3 . :R-0281 RESOLUTION CFFERED PAGE 3 1 5R-0282 RESOLUTION OFFERED PAGE :2 ' 5R-0263 ADOPTED PAGE 207 ' :R-0283 RESOLOTION OFFERED PAGE 1SV ' 5R-0284 ADOPTED PAGE 207 ! 5R-028% RESOLUTION OFFERED PAGE 200' ' 5:-0285 ADOPTED PAGE 20T , 5R-0285 RESOLUTION OFFERED PAGE 20R I :R-0286 àDQPTED PAGE 207 I 5R-0286 RESOLUTIDN OFFERED PAGE 206' . j SUBZUCY M/TTFR ! I SENâTE T0 ORDER-SEVâTOR REAVER PAGE 1 I PRâYER-THE REVEREND DEBHA DISNEY PAGE 1 I PLEDGE OF ALLBGIANCE PAGE 1 I JOURNZL-POSTPONED PAGE 1 I HESSAGES FROH THE HOUSE PAGE 1 I COHMITTEE REPORTS . PAGE 3 COMHITTEE REPORTS PAGE 12 I SENàTE STANDS AT EASE AND RECONVCNES PAGE 1R I SENàTE STANDS AT EASE âND RECOPVENES PAGE 39 COMHITTEE REPORTS PAGE 39 I SENâTE STâNDS IN RECESS AND RECONVENES PAGE 39 I NESSZGES FROH THE HOUSE PAGE k0 j COMMITTEE REPOPTS PAGE V0 I MESSAGE FROH THE PRESIDENT HESSZGE FROH THE HINORITY LEZDER PAGE PâGE 41 41 1 SENàTOR MàTSOK'S REMàRKS CONCERNING JOURNALS P2GE 41 l . SENATE STANDS AT EàSE àND RECONVEPES PZGE 56 i COMHITTEE REPORTS PZGE 56 I I i I I . J' > + HEPORT:TIFLDàY STâTE OF ILLIVOIS 97/03/03 PAGE) 0O2 89TH GEVERAL ZSSEHBLY 09:15:30 I SENA'I'E DAILY TRANSCRIPTION 0F DEBâTE INDEX JANDARY 07, 1997 8PBJECT MATTER COHMITTEE REPORTS PAGE 81 SENATE STAVDS âT EZSE 2ND RECONVENES PàGE 13k SENATE STâNDS (M RECESS 2#D RECONVENFS PàGE 135 COMHITTEE REPORTS PAGE )35 SENâTOR HATSON'S REMâRKS CONCERNING JOPRNAL PAGE 135 COHHITTEE REPORTS PAGE 138 REHARKS CONCERNING STAFFER SCOTT KAISER PAGE 166 SENATE STANDS AT EàSE AND RECOKVENES PAGE 17k COHHITTEE REPORTS PAGE 17k SENZTOR RAICA'S REHâRKS CONCERNIMG SENâTE TEMURE PACE 187 RESOLUTIOYS CONSENT CALENDâR-âDOPTED PZCE 20? SENATE STANDS ADJOURNED SINE D1E PâGE 2O7