Illinois Senate Floor Debate — March 17, 2005

The regular Session of the 94th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Reverend Joseph Eby, Chatham Presbyterian Church, Chatham, Illinois.

Please remain standing. The Pledge of Allegiance. Senator Maloney.

Madam Secretary, Reading and Approval of the Journal.

Senator Hunter.

Senator Hunter moves for the approval of the Journal just read by the Secretary. There being no objections, so ordered. Madam Secretary, Resolutions.

Resolutions Consent Calendar. Madam Secretary, Messages.

Will the members of the Rules Committee kindly convene in the Antechamber? There’ll be a Rules Committee meeting immediately in the Antechamber.

Thank you, Mr. President. You look like the spring -- beautiful spring day today in your outfit. I rise on a point of order.

Mr. President, a couple minutes ago, the -- the Rules Committee took action which was curious to me, and that was to take essentially the jurisdiction away from the Senate Judiciary 6  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 Committee on all the medical malpractice bills. And my question is -- and now it’s been -- they’ve been referred to the Senate Executive Committee. So the question is, you know, throughout the course of the spring, there’s been these series of hearings that have been promised and scheduled. Some of them have been completed. Some of them have yet to happen in the Judiciary Committee. Now, in light of the fact that there is no longer Judiciary Committee jurisdiction on these bills, what is -- what’s the plan? I mean, we got a lot of folks here today that are here today for these hearings and there’s been a -- a promise made for a roll call on Senate Bill 150 in the Judiciary Committee and -- if you can enlighten us on the medical malpractice plans, and particularly in light of today’s schedule, that would be helpful.

Yeah. Thank you, Mr. President. Perhaps I can clarify this issue. In January, if you remember my remarks, I said it is my intent to come to a resolve and have the Senate pass legislation to deal with the crisis of the medical malpractice in Illinois. And I -- I know the Judiciary Committee held several hearings. And as -- as many of us know, these lawyers can talk. And, Senator, you are a great lawyer and you get to arguing over one or two little words or so. I had hoped that they would have came to a resolve and came out with legislation that -- that would benefit all the people of the State of Illinois. I am disappointed that they did -- that did not happen as of today’s action. So, as a result, we -- I feel very strongly that the Judiciary Committee could not bring it all together, even though there were attempts made to do such. And I believe the Executive Committee, with most of the Leadership in this Body, will be an appropriate place where we can continue to work toward trying to come to an agreement on medical malpractice. Now, we extended the deadline of all the bills - there are several bills; many from this side many from your side - of all those bills so that 7  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 we can, in the Executive Committee, come to a resolve on that issue. And that’s why that was done.

Well, I want to thank the President for his explanation, but it really -- I -- I think it -- it raises the larger question, and that is, we have Chairman Cullerton, who by all accounts on both sides of the aisle is a highly regarded negotiator, tends to approach complicated problems in a fairly winsome way, and his experience is that he can bring people together. Now, one of the key elements of this is Senate Bill 150, which is Senator Luechtefeld’s bill. Now, you know, just -- just for the benefit of those that are not familiar with this issue, there is great reason to think that there are members of the Judiciary Committee on the other side of the aisle that are very reluctant to have to deal with Senate Bill 150. It’s my hope that that is not the motivation of the Majority, but you really have to come to the conclusion that that has to be the motivation of the Majority, to spare people who otherwise might feel compelled, based on their constituencies, to vote in favor of a comprehensive medical malpractice plan. There’s no other reason that you would ever strip one of the most highly skilled, highly thought of negotiators under the -- under the Rotunda from -- from the jurisdiction of this bill. So, we’re not going to sit here while you put down John Cullerton, basically, and we -- but I mean, you know, here’s the fear. The fear is that Senate Bill 150, which is real, which offers a real plan and a real approach on this, which was on the cusp of being voted on, and then the whole Body would deal with it and we can deal with it up or deal with it down and we take our roll calls and we move on, now it’s going to be buried in obscurity. We -- we know the makeup of the Executive Committee is a very different dynamic than the makeup of the Executive {sic} Committee, and you know, the -- the past assurances that were made that Senate Bill 150 will see the light of day, that is a real roll call so that it can get on the Senate Floor, I think now seems a little bit specious, and I think that’s disappointing. I think we can do better. And I know Chairman Silverstein is a great Chairman and will do his best, 8  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 but, you know, my -- my sense is that there’s a real opportunity that’s lost and that this will now just continue to flounder and -- and -- and -- and become very obsequious. And I think it’s a disappointing day for the Senate.

Thank you, Mr. President. I know the Democrats are very close to the Trial Lawyers Association, but I think this is venue shopping the medical malpractice issue, jumping it from one committee to another just like the trial lawyers do with respect to the fairness of where they have a venue to hear their cases. You know, the Senate President -- and just to echo what Senator Roskam said, Senator Cullerton is one of the most skilled negotiators in this building, and I don’t see us trying to pull Speaker Madigan off of this problem, which he’s worked on for the last year, year and a half, or former Cook County Chief Judge Don O’Connell, who Governor Blagojevich put in front of this effort. And, you know, this is highly complex stuff, and the fact that the Judiciary Committee has not come to a solution yet on this, I don’t think is a reflection of the people in the Judiciary Committee who have put in hundreds and hundreds of hours. And John Cullerton’s probably put in a couple of thousand hours on this over the last eighteen months. And I just think this sends a signal that this is about games and politics, not about trying to solve a solution to the medical access problem for a large segment of Illinois. And it’s pretty disappointing.

Yeah. Thank you, Mr. President. Trying to be bipartisan, you know, Senator Dillard, I did appoint you as Co-Chair of the Judiciary Committee. And we did this in a -- hopeful that we can come together in a bipartisan fashion to deal with a serious, serious problem. And I’ve been around all you lawyers and one thing I know, you guys can argue over one word and you argue over one word and one word, and you keep going and you talk and -- and you’re very skillful at doing such. And -- and as a result, we have not made any progress. There are several bills that have been introduced to deal with medical malpractice in the State of Illinois. And you lawyers on the committee, I know John Cullerton is a skillful negotiator. However, we haven’t accomplished anything as coming together -- to come together with a bill that we can support. So, therefore, I believe the Executive Committee would do a much, much better job at -- at -- at bringing everyone together and not concerning themselves about the lawyer, but what’s in the best interests of the people of the State of Illinois. And if you look at it in that context, then you will be supportive of the Executive Committee working to come to a resolve on this particular issue. But it is not a partisan issue. I don’t cater to any one particular group. Our -- my concern is the -- all the people of the State of Illinois. I don’t care what region they come from. And that’s why the Exec Committee will -- I think will do a much, much better job.

Mr. President, just to speak to -- to this particular issue. You know, I -- I understand that in this -- in this Chamber both 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 sides play games. I mean, politics is a -- is a phony business and we all know it. You know, we have a bill that most people think will work. It will bring rates down and it’ll bring them down pretty quick. It’s a serious bill that both -- or all -- all the factors are not real happy with. Certainly the -- the Trial Lawyers are not happy. The docs -- there are things there for the docs, the insurance companies and the hospitals. All of them have to suffer some. This is a -- this is a bill that will work. But what happened to this bill is it was supposed to be called on Tuesday and -- and -- and then it didn’t happen. Then it was promised to be called on Thursday and then it didn’t happen. But what we have is a bill that I think most people understand will actually bring rates down and solve this problem. But -- but it became apparent that if it passed this committee, it would also pass by probably a pretty large percentage in this Body, and there are people that don’t want that to happen. The two sides, basically, are saying, we…

Well, Senator, I -- I think I am.

I really think I am. This is a…

Well, thank you.

This is a hugely important issue and it’s going to get -- if you think about a year ago, it wasn’t a big deal in the north, but it is now. It was a big deal in the south. Another year and we mess around with this. I think the goal is maybe pass 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 something, but make it as weak as possible. Our goal is, let’s pass something that works. This bill would’ve worked. Where it goes now, I don’t know. But what is happening is sort of a shame and it’s -- it’s politics. There’s no question, and I know both sides play it. But this is -- this is -- this is it at its best form. Thank you.

Thank you, Mr. President. We held hearings recently in my district, in Champaign/Urbana and Danville. We are looking desperately for meaningful malpractice reform. That’s what people are looking for and that’s what we’ve talked about in these hearings week after week. We now have a piece of legislation that was to be voted on today. It’s ready to be voted on today in our committee, in Judiciary. You talk about the process moving along. It has moved along. It was ready to go - meaningful medical malpractice reform that I could go back home and tell the people back home, what they were clamoring for in those hearings that I held back home, we could deliver today. And it was promised to be held today. And instead, gamesmanship, political phony gamesmanship is being played. That’s the message I have to take back home, that medical malpractice in a meaningful form is being delayed by tactics, by games being played here, while -- we’re losing our obstetricians to Indiana, while we’re losing our pulmonologists, which means we can’t have people on ventilators in our hospital in Vermilion County. We can’t wait. And yet, we play games that cause delay. It’s outrageous. You ought to be ashamed.

Yes. Thank you very much, Mr. President. It -- it is a sad day for us here in the Senate. Should be a sad day for all of us. I think we should all be embarrassed by the fact of what has just happened. The comment was made about change of venue and 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 those of us who are from Madison/St. Clair County area know exactly what that means and what -- exactly what that’s all about. We just saw the change of venue go from a committee that could very well have passed that bill out today. I don’t know. Vote wasn’t taken. I have no -- no idea. Could very well have happened. Now we’re going into the Executive Committee, which I think someone said bipartisan. There isn’t any more blatant political or partisan committee in this process than the Executive Committee. So, don’t tell me -- don’t tell me that this is about bipartisanship and about working together politically. I understand, and most of us on this side of the aisle, and you do, too. You understand what this is all about. You should be embarrassed. A hundred and sixty plus physicians have left the practice of medicine in Madison/St. Clair County. This is no longer a quality issue of health care. This is basic access. St. Louis hospitals are beginning to refuse people from Illinois based on the fact that we have this problem in this State. Senator Luechtefeld just filed a motion, Mr. President, to discharge Senate Bill 150 from committee. I would move that we go to the order of discharge motions and act immediately on Senator Luechtefeld’s motion to discharge Senate Bill 150 so it can be heard before the people of this State and everyone be given an opportunity to be heard, not just the members of the Judiciary Committee who are no longer a part of the process, not just the Executive Committee, but every Member of the Senate ought to have an opportunity to be heard. And for the last eighteen months and two years, it’s been muzzled up by the leadership of this process. And we’re just not going to stand for that. I would appreciate very much and would expect you to go to the order of discharge motions immediately.

Yes. Thank -- thank you.

I appeal the ruling of the Chair on that motion. And I request a roll call.

Yes. I’d like to discuss these bills in the context of a point of order here. I’d like to appeal to the Chair that there’s been a motion. There’s been -- an invitation -- a request from the Minority to change to a different order of business. May we have a roll call vote on whether or not the Body even wants to go to another order of business? Would that be in order?

Point of order, Mr. President.

Sitting here listening to the dialogue, Mr. President, the way I understood it was is that the Republican Leader made a motion. You made a ruling that that was out of order by deciding to go to 2nds. We are appealing that ruling and would ask for a roll call on that.

Mr. President, I’d like to continue this dialogue for a moment, if you don’t mind.

The motion -- the motion…

The motion from Senator Watson was to immediately move to the Order of Discharge. By not doing so, the Chair made a ruling that that was out of order. It doesn’t really matter. I mean, I appreciate -- you know, it’s interesting, we’re talking about a legal bill and you’re kind of standing there saying, “Well, I didn’t say those words, so it really wasn’t a ruling.” That’s what you did. And we are asking, at the very least, Mr. President, that you allow the Body to vote on whether or not that was appropriate for you to do. That is clearly within the 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 context of the Senate rules that your party drafted, and that’s what we are requesting.

Thank you, Mr. President. Point of order.

Well, there is a pending motion, Mr. President, from the Republican Leader that you have deemed as out of order, either explicitly, implicitly or any kind of licitly that you want to characterize, and the -- the Minority Party has now requested that your explicit, implicit or otherwise licit motion -- or, your ruling, be overturned. Now, simply because you don’t say the word “ruling”, doesn’t mean that it’s not a ruling. And if you just tend not to engage Members of the Senate as they are making these motions and act as if they’re not happening, you are still, by implication, making a motion. So, here’s how this works. You call it for a roll call. The votes go up. You win. We lose. And you move on. If you don’t go that route, then we just get bogged down into this ridiculous conversation over the course of the next -- next hour or so that’s not really fruitful and it -- and it kind of denigrates the entire process. So, my suggestion is, since I’ve been called out, basically, by the Senate President as a lawyer, my advice would be, let us have our roll call and we’ll -- we’ll move on. But, basically, to act as if there’s not a pending motion, doesn’t do us any -- any -- any good. So, based on that background, I’m renewing -- or, Leader Watson’s motion, Mr. President, to appeal the ruling of the Chair, and we would respectfully request a roll call vote.

Thank you. I make a motion that we discharge Senate Bill 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 150 from committee. I can make a motion at any time. I can make a motion at any time. And I want a ruling of the Chair on that motion to discharge Senate Bill 150. And I want a roll call on the decision of the Chair.

Yes. I’d like a roll call on 1907, please. And every bill 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 thereafter on 2nd Reading. 1908. Whatever bill you want to call it. Let’s go.

Thank you. I’m glad you recognize that, Senator. First of all, I asked for a roll call and you denied that. So, secondly then, I would ask for the ruling in the Rule book that says we don’t take roll calls on 2nd Reading. I would request that.

Whoa! Whoa! I’m asking -- response.

I would like to ask if the sponsor will yield on Senate Bill 1908.

It’s on the board, Mr. President.

Is it -- I’m -- I’m -- I want to make sure I’m clear. Inquiry of the Chair, Mr. President.

18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 Is -- is -- can I take from what the -- the Presiding Officer just said that I, as a Member of the Senate, don’t have a right to ask the sponsor of this bill or any other bill a question on 2nd Reading. I mean, is that the ruling of the Chair? Because if that’s the ruling of the Chair, I would like to move to appeal that ruling, as well.

Then I would ask if the -- if -- if the -- if the sponsor of Senate Bill 1908, which is the bill that’s on the board, will yield for some questions.

Point of order, Mr. President.

Mr. President, assuming hypothetically that Senate Bill 1908 is officially in the record or a subsequent bill, 1909, and there is a Senator that asks to make an inquiry on 2nd Reading. What’s the ruling of the Chair as it relates to the ability of a Senator to ask a question on 2nd Reading?

Yeah. Thank you, Mr. President. The lawyers on the other side of the aisle is the reason why certain action had to be taken. Now, if you want -- if you want to have a press conference, there is a blue room on the 2nd floor. You can go and you can do all the press. Now, if you want to sit here and - - and play to the cheers of the crowd, we are following procedure. The lawyers over there arguing over what -- a 19  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 hypothetical “how would you vote?” - that is not the issue before this Senate Body. And I -- I wish you would conduct yourself in a manner that a Senator should conduct theirself, respect the rules of this Body and the tradition of this Body and let’s get on with the business. But if you -- but if you want to play games and so forth, you go ahead and play games. We are trying to take care of business for the people of the State of Illinois and all the theatrics has no place here.

Yes. And I thank you for that. We’re trying to play by your rules. Rules that you drafted. Lot of it which we didn’t support. And you’re ignoring your own rules. That’s the only thing that keeps this Body somewhat together, is the basic rules of how we operate. And we’re seeing you go a direction that I’ve never seen in the years that I’ve been here. All the years that I’ve been here, I’ve -- I’m seeing taken. And I think it’s a sad 20  STATE OF ILLINOIS 94th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 23rd Legislative Day 3/17/2005 day for the Senate. Someone said, “playing games”. The President of the Senate says we’re playing games on this side of the aisle. The games started to be played back in the “Antiroom”, as we call it, when the Rules Committee moved these bills from the Judiciary Committee to the Executive Committee. That, Mr. President, was playing games. We’re talking about playing with the lives of people of this State. We have doctors who are leaving this State on a daily basis because they can’t afford the high cost of medical malpractice insurance. And…

…you’re letting this go on today, Mr. President, without at least an opportunity for people on, not only this side, but on that side and the people of this State to have an opportunity to be heard.

I -- I appreciate you at least recognizing that we have the opportunity to speak. In many cases during the last couple of years, Mr. President, we didn’t have that opportunity. We had a -- we had a man that sat -- or, stood there where you are who denied the rights of this side of the aisle. At least you’re giving us the rights to speak, but you’re not giving the people of this State the right to speak when you deny Senate Bill 150…

…opportunity to be discharged and brought to the Floor so we can discuss an issue that is of critical, critical need to the people of this State.

Yeah. Thank -- thank you, Mr. President. How history repeats itself, and how short of a memory the Minority Leader on the other side of the aisle has. You want to play to the cheers of the crowd, but you don’t want to do anything for the physicians. All you want to do is put on a theatrics showdown here. You don’t want the process to work. You don’t want the committee process to work. All you want to do is play games. Play games and play to the -- the cheers of the crowd. Our job is to get down here and try to work together to -- to come to an agreement on the critical issues of the State of Illinois. So since you do not want to take care of business, since you want to play to the cheers of the crowd, I want -- I wish everybody have a very, very Happy Easter as we break. And I -- I -- Mr. President, I think the Senate should stand in recess -- recess to the call of the Chair.