"The House will be in order. The Chaplain for today will be Father Frank O*Hara, Pastor of Saint Peter and Paul's Catholic Church of Springfield. Father O*Hara is a guest of Representative Michael Curran. Will the guests in the gallery please rise and join Us for the invocation? Thank you. Father O*Hara. Father O*Hara: "In the Name of the Father, and of the Son, and of the Holy Spirit. Dear God, Father of Love, help us to know Your will and to do it with courage and faith. Show Us the way to bring peace to this little world we live in that the whole world might live in peace. Help us to embrace Your will. Give us the strength to follow Your call, so that Your truths living in our hearts might reflect peace to those who believe in Your love. We ask this through the Prince of Peace. In the Name of the Father, and of the Son, and of the Holy Spirit."
"Thank you. The Gentleman from McLean, Mr. Ropp, will lead us in the Pledge of the Flag. Mr. Ropp."
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. The Gentleman from... Mr. Clerk take the record. 114 Members having answered to the call of a quorum, a quorum is present. For what purpose does the Gentleman from Lake, Mr. Matijevich, seek recognition?"
"There are no excused absences on this side. But I would like to announce that our former colleague Lawrence "Laz" Murphy did have a quadruple by-pass and valve operation, Tuesday, in Sherman Hospital in Elgin. His wife informs me that he is doing great and appreciates all your 1 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 prayers and considerations."
"The House, I'm sure, wishes him speedy recovery. Mr. Piel, are there any excused absences on the Republican side?"
"No excused today, Mr. Speaker."
"Okay. Agreed Resolutions."
"Senate Joint Resolution 74, offered by Representative Kubik. Senate Joint Resolution 103, by Stephens. Senate Joint Resolution 137, by Johnson. Senate Joint Resolution 138, by Black. House Joint Resolution 175, Braun. House Resolution 1184, Tate. House Resolution 1185, McGann."
"Chair recognizes the Gentleman from Lake, Mr. Mati... the Gentleman from Winnebago. Mr. Giorgi, on the Agreed Resolutions."
"Mr. Speaker, I move for the adoption of the Agreed Resolutions."
"Question is, 'Shall the Agreed Resolutions be adopted?' Those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it and the Agreed Resolutions are adopted. Death Resolutions."
"House Resolution 1183, offered by Representative Brookins, with respect to the memory of Mr. Isaac M. Pollard."
"The Gentleman from Winnebago, Mr. Giorgi, on the Death Resolutions. Moves the adoption of the Death Resolutions. All in favor say 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Death Resolutions are adopted. General Resolutions."
"House Resolution 1186, offered by Representative Breslin."
"Committee on Assignment. The Adjournment Resolution, Mr. Clerk." 2 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE
103 Legislative Day Clerk O'Brien: "Senate Joint Resolution 139. Senate of the 84th General April 17, 1986 Resolved, by the Assembly of the State of Illinois, the House of Representatives concurring herein, that when the Senate adjourns on Thursday, April 17, 1986, they stand adjourned until Tuesday, April 22, 1986 at 1:00 p.m. and when the House of Representatives adjourns on Friday, April 18, 1986, they stand adjourned until Monday, April 21, 1986 at 12:00 noon."
"Mr. Clerk, Amendments to the Adjournment Resolution."
"Amendment #1, amends Senate Joint Resolution 139 to read: When the House of Representatives adjourns on Friday, April 18, 1986, it stands adjourned until Monday, April 21, 1986 at 1:00 p.m."
"The Gentleman from Madison, Mr. McPike, moves for the adoption of the... of Amendment #1 to the Adjournment Resolution. Those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment #1 is adopted. Mr. McPike, the Gentlemen from Madison, moves for the adoption of the Adjournment Resolution. All those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it and the Adjournment Resolution is adopted. General Resolutions."
"House Resolution 1026, by Dwight Friedrich."
"Committee on Assignment. For what purpose does the Gentleman from Fulton, Mr. Homer, seek recognition?"
"Thank you, Mr. Speaker. Did I understand the Adjournment Resolution that we will convene at 1:00 p.m. on Monday as opposed to the announcement in the bulletin of noon?"
"Yes, that is correct. 1:00 p.m."
"Thank you."
"... Brookins, for what purpose do you seek recognition?" 3 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986
"Yes, Mr. Speaker, we have on the floor with us, Mr. Mel Jordan, the Director... Executive Director of the NAACP of the Chicago Metropolitan Conference. Mr. Mel Jordan."
"Committee Reports."
"Representative Kulas, Chairman of the Committee on Energy, Environment and Natural Resources, to which following Bills were referred, action taken April 16, 1986, reported the same back with the following recommendations: 'do pass as amended' House Bill 2946; 'do pass Short Debate Calendar' House Bill 2873; 'be adopted' House Resolution 665, House Joint Resolution 92. Representative Satterthwaite, Chairman of the Committee on Higher Education, to which the following Bill was referred, action taken April 16, 1986, reported the same back with the following recommendation: 'do pass as amended' House Bill 1459. Representative Dunn, Chairman of the Committee on Judiciary I, to which the following Bills were referred, action taken April 16, 1986, reported the same back with the following recommendations: 'do pass Consent Calendar' House Bill 2969; 'do pass as amended Short Debate Calendar' House Bill 1446; tabled pursuant to Rule 26(d), House Bill 403. Representative Bullock, Chairman of the Committee on State Government Administration and Regulatory Review, to which the following Bills were referred, action taken April 16, 1986, reported the same back with the following recommendation: 'do pass' House Bill 3065; tabled pursuant to Rule 26(d), House Bill 687. Representative Nash, Chairman of the Committee on Registration and Regulation, to which the following Bills were referred, action taken April 16, 1986, reported the same back with the following recommendation: 'do pass' House Bills 2687, 2815, and 2820; 'do pass as amended' House Bill 2631, Senate Bill 96 and Senate Bill 943." 4 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986
"Mr. McNamara, for what purpose do you seek recognition?"
"Just for an announcement that my seatmate's birthday happens to be coming up on Saturday and there's cake over here at the Speaker's desk for those that wish it."
"Who is your seatmate?"
"The Speaker of the House, Michael Madigan."
"Oh, Okay. Page six of the Calendar on the Order of Consent Calendar, Third Reading. Mr. Clerk, read the Consent Calendar."
"Consent Calendar Third Reading, Second Day. House Bill 2590, a Bill for an Act to amend an Act relating to taxes. Third Reading of the Bill. House Bill 2725, a Bill for an Act to provide for the selection of a state fish. Third Reading of the Bill."
"The question is, 'Shall these Bills pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open and this is final action on the Consent Calendar. Final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Dunn, did you not want to be voted? Mr. Clerk, take the record. On this question, there are 112 voting 'aye', none voting 3... none voting 'no', 3 voting 'present'. And these Bills, having received the Constitutional Majority, are hereby declared passed. Mr. Clerk."
"I'd like to recognize the Clerk of the House and the Secretary of the Senate from the State of North Carolina who are in the gallery, Grace Collins and Sylvia Fink, sitting on the Democrat side. They are in Springfield this weekend for an Executive Meeting of the Clerks and Secretaries Organization, which Tony and I and Kenny Wright and Ed Fernandes are hosting."
"On page six of the Calendar, Constitutional 5 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day Amendments Second Reading. Mr. Clerk. The Order of Constitutional Amendments Second Reading, appears HJRCA 4. Mr. Clerk, read the Amendment."
"House Joint Resolution Constitutional Amendment #4. This Constitutional Amendment has been read in full a second time previously. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On the Order of Constitutional Amendments Second Reading, appears HJRCA 8. Mr. Clerk, read the Bill."
"House Joint Resolution Constitutional Amendment #8. This Constitutional Amendment has been read in full a second time previously. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On the Order of Constitutional Amendments appears... Second Reading appears HJRCA 12. Mr. Clerk, read the Amendments."
"House Joint Resolution Constitutional Amendment #12. This Constitutional Amendment has been read in full a second time previously. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative B. Pedersen."
"The Gentleman from Cook, Mr. Pedersen. Excuse me, Mr. Pedersen.
"I would like to withdraw Amendment #1."
"Amendment #1 withdrawn. Further Amendments?"
"Floor Amendment #2, offered by Representative B. Pedersen."
" The Gentleman from Cook, Mr. Pedersen on Amendment #2." 6 103 Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Pedersen: "I would like to withdraw Amendment #2."
Speaker Greiman: "Amendment April 17, 1986 #2 is withdrawn. Further Amendments?"
"Floor Amendment #3, offered by Representative B. Pedersen."
"The Gentleman from Cook, Mr. Pedersen, on Amendment #3."
"Mr. Speaker, Ladies and Gentleman of the House, Amendment #3 merely provides who would come up with the figures, so that this Amendment would work and it also puts a time limit on it so that it has to be done in... the right time frame, and it is pretty generous. So, I would ask that this Amendment be approved."
Mr. Speaker Greiman: "The Gentleman from Cook, Pedersen, has moved For the adoption of Amendment #3 to House Joint Resolution Constitutional Amendment No. 12. And on that, is there any discussion? There being none, the question is, Shall this Amendment be adopted?* All those in favor signify by saying 'aye", those opposed "no". In the opinion of the Chair, the ayes have it and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Under our rules, the Amendment has to return to First Reading. Alright. Alright, 50 the Bill will be moved to Third Reading, but it must... because it's been amended, it must be read three times on Third Reading. Page four of the Calendar, on the Order of House Bills Third Reading, Short Debate, appears House Bil1 681, Mr. Klemm. Mr. Clerk, read the Bill."
"House Bill 681, a Bill For an Act Sections of an Act in relation to county zoning. to amend Third Reading of the Bill."
"The Gentleman from McHenry, Mr. Klemm." 7 103 Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 17, 1986
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House."
"Excuse me, Mr. Klemm. Ladies and Gentlemen, we are now on Third Readings, so let us give the speaker your attention. Proceed, Mr. Klemm."
"Thank you, Mr. Speaker. House Bill 681 amends the County Zoning Act, and what it basically does is to change the statutes to make the same requirement for county zoning as it does for municipal zoning when there is, in fact, an allegation of a violation of the zoning code. Presently, the County Act allows an individual who believes that there is a violation of the county code to go anyplace within the county and to charge that person has not properly followed the requirements of that county. House Bill 681 tends to... to tighten that up slightly by saying that it would have to be 1200 feet within the alleged violator. You would have to be substantially affected as a property owner and that, in fact, you would then be able to go to court and the court would then determine whether, in fact, you have a justifiable case. Current legislation allows this to happen, but it certainly leaves so much of the area to be interpreted and in fact, nothing actually happens. So, it was felt and with the Committee's suggestion of some changes which we adopted, that this, then, becomes substantially identical in language to the current legislation that affects municipalities, so that we would have a consistency whether within municipalities or within county jurisdiction. And I do ask for your favorable vote."
"The Gentleman from McHenry, Mr. Klemm, moves for the passage of House Bill 681. This is on the Order of Short Debate. Does anyone stand in opposition? Mr. Cullerton, the Gentleman from Cook." 8 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE
103 Legislative Day Cullerton: "...Well, I don't know... We're at that borderline area where I'm sure I'm the only one who is ever going to ask any questions on it."
"Yes, you can ask questions under our rules, Mr. Cullerton, without standing in opposition. Proceed, Sir."
"Representative Klemm, with regard to the current law, who can now file suit against an individual concerning the county zoning law?"
"Any person who feels that, that..."
"So, you're limiting that right. In that respect, you're limiting..."
"To 1200 feet."
"And why do you want to do that?"
"Well, it would seem that to have some individual from one section of a county to go across, you know, thousands of feet across the entire county line to make an allegation seems to be some what ridiculous, because it would not really affect our property whatsoever, and I think what were talking about..."
"I'm sorry I can't hear, Mr. Speaker. I can't hear his answer..."
"You're correct, Mr. Cullerton. Ladies and Gentlemen, I am going to ask that people who do not have access to the floor withdraw from the floor right now. The Members cannot hear the debate. Please withdraw at this time from thefloor. Members will be in their seats and Members will give courtesy toother Members at this time. Excuse me. Mr. Berrios, Mr. Filan, Mr. Terzich, would you clear the aisle, please?"
"Well... maybe I can rephrase the question."
"Proceed, Mr. Cullerton."
"It seems that with regard to the procedure for county zoning that you're expanding the authority of the Circuit 9 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 Court in issuing injunctions. You're allowing the owner or tenant to recover attorney's costs if he wins in court. And you're indicating that the owner or tenant does not need to prove specific or special damages. I understand that those are broadening of the rights, in effect, but the one that seems to restrict it is the one that restricts it to people... owners or tenants of real property within 1200 feet, and I just wondered what the rationale was behind that."
"Well, we did add an Amendment to it which the analysis didn't have. They have to be substantially affected by such a zoning violation, first of all. The Committee asked for that, and that's the Amendment #1 that was added to that. That makes it identical to the Municipal Code. The reason we cut down from the *any place in the county* effect to the 1200 feet, is again, so we'd have consistency between county and municipalities, plus finding some consistancy again so we don't have somebody just saying 'I'm going to go out and find anybody within the county."
"So, is this the same as the municipal?"
"Identical."
"With the word 'substantially'."
"Yes, that was added and it was overlooked initially."
"Alright. Fine. Thank you, Mr. Speaker. I have no opposition to the Bill."
"Thank you. Is there further discussion? There being none, the question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. This is final action. Have all voted who wish? Have all voted to wish? Mr. Clerk, take the record. Davis 'aye'. On this question there are 110 voting 'aye', 2 voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared 10 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 passed. On the order of House Bills Third Reading, Short Debate appears House Bill 2889. Out of the record. On the Order of House Bills Third Reading, Short Debate appears House Bill 2913. Mr. Bowman, do you wish to proceed on 2913? Mr. Clerk, read the Bill."
"House Bill 2913, a Bill for an Act to amend Sections of the Child Care Act. Third Reading of the Bill."
"The Gentleman from Cook, Mr. Bowman, on House Bill 2913."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill was introduced after a very unfortunate incident at Arlington Heights where a person was brandishing weapons and shooting them off in the corporate limits and was arrested and the city ultimately moved to close the day care facility, but the Department of Children and Family Services was powerless to act with regard to its license because they did not have appropriate authority under state law and this Bill is intended to give the Department that authority. I move for its passage."
"The Gentleman from Cook, Mr. Bowman, moves for the passage of House Bill 2913. Does anyone stand in opposition? The Gentleman from Macon, Mr. Tate."
"Mr. Speaker, I first would... I'm not sure whether... what my parliamentary procedure is here, but I would ask for this Bill to be taken off Short Debate, and ask for the requisite numbers of Members to join me."
"If you need, if you have four or five other friends, you can do that. Mr. Slater, Mr. McCracken. Mr. Vinson, Mr... yes, alright. The Bill is on Full Debate and on that, the Gentleman from Macon, Mr. Tate."
"Mr. Speaker and Ladies and Gentlemen of the House, the Sponsor of this Bill... certainly I can understand his 11 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 objective and concern and it was a very unfortunate incident that might have taken place in one of those facilities. However, what he is basically trying to address in this Bill is a comprehensive effort... effort at eroding some fundamental basic rights, which is the right to keep and bear arms and whether that is a proprietor of a day care center or day care homes. I would understand that if the intent of this legislation was to train those people to be able to use firearms, but total abolition, I think is a very ineffective way and there is many cases where, when there is undesirable people or life-threating situations there's self defense involved in this and I am very concerned and; therefore, I rise in opposition to this legislation. I encourage everyone to take a very serious look at this because if we decide to selectively, arbitrarily choose to single out these...this specific occupation, it's going to lead to more and more erosion of basic constitutional fundamental rights.
"Yes, the Gentleman from Champaign, Mr. Johnson."
"I don't... Representative Bowman, I didn't really hear your full explanation of the vote or of the Bill. What this Bill would do is to require the applicable day care center or day care home to prohibit firearms inside the building? Is that right?"
"Yes, Mr. Bowman."
"Well, the Gentleman asked me a question and it was a little noisy in here but, I believe, if I understand correctly, the answer is yes."
"There is something wrong with the system here. I barely understand your response."
"I think... I said, if I understand your question correctly over the background noise, the answer to your 12 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day question is yes."
"Okay, the legislative synopsis description of the Bill is correct. or changed since it was introduced. Bowman: Johnson:
"That's right. April 17, 1986 and digest, the It hasn't been amended Is that right? "What about... I'm concerned about the right to bear arms, but I think probably a more fundamental question is a practical question in this case. What about day care centers or day care homes that are located in areas where the proprietor, for simple reasons of protection of themselves and the people there, feel it is necessary to have firearms available. Would this Bill prohibit their being available inside the day care center or home?" "Yes."
"Well, I'm not going to use this Bill as a basis for a speech on the Constitution, because I think that we clearly have the right and the ability in this society to make reasonable rules and regulations about the possesion of firearms, although I don't disagree with Representative Tate's comments. But, I think a practical question in this case deals with the day care centers and the day care homes themselves. There are geographical locations throughout the state, because of past history and where they are located, that would certainly make it in the interest of the proprietors of those centers and the children who are there to at least have firearms available. That doesn't mean they have to be used. It doesn't mean we can't make rules and regulations with respect to their access to children and so forth, but to flatly prohibit, as a condition of licensure, the availability of firearms for protection of the people there, protection of the proprietors, protection of society in a bigger sense, really, I think is using a shotgun approach when we could 13 103 Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 17, 1986 use a much narrow... much more narrow approach to solve the problem and to address the particular situation out of which this legislation arose. So, in a mild way but in, I think, an equally vehement way as I would on a general gun control Bill, I think this is not good legislation and I think it is ill thought, and I think the bottom line could be that in a year from now or two years from now we'll have four, five or ten incidents of children and other people in day care centers being subject to attack and injury or death because there isn't anything available there for the proprietor in the exercise of good faith and safety to protect himself and the people in the center.
"The Gentleman from Cook, Mr. Cullerton."
"Will the Sponsor yield?"
"Indicates he'll yield for question."
"Representative Preston... I'm sorry Representative Bowman."
"That's right, Preston and I are different."
"Isn't it true that some of these day care centers have some real discipline problems?
"Well, Representative Cullerton..."
"I mean, isn't it true that some of these little kids get out of line every once in a while and its... and with this Bill there wouldn't be available a firearm for the proprietor to keep them in line? Isn't that what you are trying to do here?"
"Well, Representative Cullerton... I'm not quite sure, I mean, you're a parent and I'm not and so maybe you have more experience in trying to keep children in line than I do."
"We keep guns around all the time just to threaten them. You don't actually shoot them. You just have them around, show it to them, but with this Bill, you'd be 14 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 banning that. And I think Representative Tate made a good point. This is just the start. We're starting with day care centers. You know, you might then start trying to ban these things in kindergartens, hospital nurseries. There's all sorts of things that this could lead to. Have you thought about those things?"
"Well, during the Committee hearing, Representative McPike suggested that maybe we should just limit this to machine guns... and so let me suggest since there are lots of good suggestions for this legislation, maybe I should take this out of the record for the moment. If anyone has any Amendments that they would like to propose to me, feel free to bring them over, but I am very serious about this Bill and you will see it again. But for the moment, let's take this out of the record."
"Out of the record. The Chair recognizes the Gentleman from Madison for the Motion on the Adjournment Resolution. The Gentleman from Madison, Mr. McPike, moves that the House stand adjourned until the hour of 1:00 on Monday, the 21st of April, allowing perfunctory time for the Clerk today for First Readings, and Committee Reports and Constitutional Amendments and a Perfunctory Session tomorrow. All those in favor signify by voting 'aye", those opposed vote 'no'. Voting is... All those in favor signify by saying 'aye', those opposed "no". In the opinion of the Chair the 'ayes' have it, and the House does stand adjourned."
"Introduction and First Reading of Bills. House Bill 3543, Steczo - et al, a Bill for an Act to amend Sections of an Act in relation to Cook County Sheriff's Merit Board. First Reading of the Bill. House Bill 3544, Shaw and Preston, a Bill for an Act to amend Sections of the Medical Practice Act. First Reading of the Bill. 15 103 Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 17, 1986 House Bill 3545, Shaw and Satterthwaite, a Bill for an Act to amend Sections of the Medical Practice Act. First Reading of the Bill. House Bill 3546, Shaw and Braun, a Bill for an Act to amend the Medical Practice Act. First Reading of the Bill. House Bill 3547, Mautino and Slater, a Bill for an Act to amend the Illinois Insurance Code. First Reading of the Bill. House Bill 3548, Hallock and Zwick, a Bill for an Act to require study of solid waste management in Illinois. First Reading of the Bill. House Bill 3549, Steczo and Hensel, a Bill for an Act to amend Sections of an Act to provide for the creation and management of forest preserve districts. First Reading of the Bill. House Bill 3550, Matijevich... "
"Continuing with Introduction and First Readings. House Bill 3550, Matijevich et al, a Bill for an Act in relationship to the Illinois Summer School for the Arts. First Reading of the Bill. House Bill 3551, Steczo Hensel, a Bill for an Act to legalize and validate appropriation and tax levy ordinances of forest preserve districts. First Reading of the Bill. House Bill 3552, Steczo Hensel, a Bill for an Act to amend Sections of an Act to provide for the creation and management of forest preserve districts. First Reading of the Bill. House Bill 3553, Steczo Hensel, a Bill for an Act to amend Sections of an Act to provide for the creation and management of forest preserve districts. First Reading of the Bill. House Bill 3554, Steczo Hensel, a Bill for an Act to provide for the creation and management of forest preserve districts. First Reading of the Bill. House Bill 3555, Steczo Hensel, a Bill for an Act to amend Sections of an Act to provide for the creation and management of forest preserve districts. First Reading of the Bill. House Bill 3556, Hallock- McCracken, a Bill for an Act in relationship 16 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day to the disclosure of the presence of toxic April 17, 1986 substances to the public. First Reading of the Bill. House Bill 3557, McCracken, a Bill for an Act to amend Sections of an Act to revise the law in relationship to counties. First Reading of the Bill. House Bill 3558, Phelps, a Bill for an Act to amend Sections of the Illinois Vehicle Code. First Reading of the Bill. House Bill 3559, Tate Olson, a Bill for an Act to add Sections to the Illinois Insurance Code. First Reading of the Bill. House Bill 3560, Tate Olson, a Bill for an Act to amend Sections of the Illinois Insurance Code. First Reading of the Bill. House Bill 3561, Tate and Olson, a Bill for an Act to add Sections of the Illinois Insurance Code. First Reading of the Bill. House Bill 3562, Tate and Olson, a Bill for an Act to amend Sections of the Illinois Insurance Code. First Reading of the Bill. House Bill 3563, Piel, a Bill for an Act to amend Sections of the Illinois Banking Act. First Reading of the Bill. House Bill 3564, Saltsman, a Bill for an Act to amend Sections of the Illinois Pension Code. First Reading of the Bill. House Bill 3565, Kubik O'Connell, a Bill for an Act to amend Sections of the Election Code. First Reading of the Bill. House Bill 3566, Giglio, a Bill for an Act in relationship to making of unsolicted commercial telephone calls with automatic equipment. First Reading of the Bill. House Bill 3567, Cullerton, a Bill for an Act in relationship to community antenna television cable companies. First Reading of the Bill. House Bill 3568, introduced by the Committee on Appropriations II, a Bill for an Act in relationship to state employment. First Reading of the Bill. House Bill 3569, Dunn, a Bill for an Act to amend Sections of an Act to revise the law in relationship to oaths and affirmations. First Reading of the Bil1. House Bill 3570, Cullerton, a Bill for an Act to 17 103 Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 17, 1986 amend Sections of the Illinois Municipal Code. First Reading of the Bill. House Bill 3571, McGann, a Bill for an Act to amend Sections of the Code of Civil Procedure. First Reading of the Bill. House Bill 3572, Rea Stephens, a Bill for an Act to amend Sections of the Illinois Vehicle Code. First Reading of the Bill. House Bill 3573, Cullerton, a Bill for an Act in relationship to pre-trial services. First Reading of the Bill. House Bill 3574, Stern Parke, a Bill for an Act to add Sections to the Intergovernmental Cooperation Act. First Reading of the Bill. House Bill 3575, Stern, a Bill for an Act to add Sections of the Civil Administrative Code of Illinois. First Reading of the Bill. House Bill 3576, Mautino Olson et al, a Bill for an Act to amend Sections of the Illinois Industry Licensing Act. First Reading of the Bill. House Bill 3577, Mautino, a Bill for an Act to amend Sections of the Illinois Vehicle Code. First Reading of the Bill. House Bill 3578, Berrios McAuliffe et al, a Bill for an Act to amend Sections of the Election Code. First Reading of the Bill. House Bill 3579, Berrios McAuliffe et al, a Bill for an Act to add Sections to the Election Code. First Reading of the Bill. House Bill 3580, Berrios McAuliffe et al, a Bill for an Act to amend the law concerning matters relating to elections. First Reading of the Bill. House Bill 3581, William Peterson et al, a dill for an Act to add Sections to the School Code. First Reading of the Bill. House Bill 3582, Younge, a Bill for an Act to add Sections to the East St. Louis Developmental Act. First Reading of the Bill. House Bill 3583, Younge, a Bill for an Act to amend Sections to the Illinois Coal Energy Development Bond Act. First Reading of the Bill. House Bill 3584, Wojcik, a Bill for an Act to add Sections to an Act to revise the law in 18 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 relationship to clerks of the court. First Reading of the Bill. House Bill 3585, Countryman, a Bill for an Act to amend certain Acts in relationship to jurors. First Reading of the Bill. House Bill 3586, Vinson Kubik, a Bill for an Act to amend Sections of the Illinois Horse Racing Act. First Reading of the Bill. House Bill 3587, Dunn, a Bill for an Act to amend Sections of the Illinois Emergency Employment Development Act. First Reading of the Bill. House Bill 3588, O'Connell Keane, a Bill for an Act to amend Sections of the State's Attorney Appellate Prosecutors Act. First Reading of the Bill. House Bill 3589, Ropp et al, a Bill for an Act to amend Sections of the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. First Reading of the Bill. House Bill 3590, Kirkland, a Bill for an Act to amend Sections of the Illinois Marriage and Dissolution of Marriage Act. First Reading of the Bill. House Bill 3591, McCracken, a Bill for an Act to amend Sections of the Act creating the Department of Children and Family Services codifying empowers and duties and repealing certain Acts herein named. First Reading of the Bill. House Bill 3592, McCracken Hastert Hasara, an Act to amend Sections of the Criminal Code. First Reading of the Bill. House Bill 3593, Berrios et al, a Bill for an Act to add Sections to the Election Code. First Reading of the Bill. House Bill 3583, Younge, a Bill for an Act to amend Sections of the Illinois Coal Emergency Development Bond Act. First Reading of the Bill. And House Bill 3594, Preston et al, a Bill for an Act to amend the law concerning matters relating to compensation of workers for employment related injuries, illness and disabilities. First Reading of the Bill. House Bill 3595, Berrios McAuliffe et al, a Bill for an Act to amend Sections of the Election Code. First 19 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day Reading of the Bill. April 17, 1986 House Bill 3596, Wojcik Barnes, a Bill for an Act to amend Sections of the Act to revise the law in relationship to clerks of the court. First Reading of the Bill. House Bill 3597, Richmond Slater, a Bill for an Act to amend Sections of the Uniform Commercial Code. First Reading of the Bill. House Bill 3598, Richmond Slater, a Bill for an Act to amend Sections of the Uniform Commercial Code. First Reading of the Bill. House Bill 3599, Keane et al, a Bill for an Act to amend Sections of the State Officers Employment Money... Officers and Employees Money Disposition Act. First Reading of the Bill. ...Reading of House Joint Resolution Constitutional Amendments. House Joint Resolution Constitutional Amendment #8, offered by Representative Satterthwaite. Resolved, by the House of Representatives of the 84th General Assembly of the State of Illinois, the Senate concurring herein, that there shall be submitted to the electors of the state for adoption or rejection at the general election next occurring at least six months after the adoption of this Resolution, a Proposition to amend Section I of Article III of the Illinois Constitution to read as Follows: Article III, Suffrage and Elections. Section I, Voting Qualifications. Every United States citizen who has attained the age of 18 or any other voting age required by the United States for voting in state elections and who has been a permanent resident of this state for at least 30 days next preceding an election shall have the right to vote at such election. The General Assembly by law may establish registration requirements and require permanent residence in any election district not to exceed thirty days prior to an election. The General Assembly by law may establish shorter residency requirements for voting for President and Vice-President of 20 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 the United States. This Amendment shall take effect immediately upon the approval by the electors. Third Reading of this Constitutional Amendment. House Joint Resolution Constitutional Amendment #IV offered by Dwight Friedrich - et al. Resolved, by the House of Representatives of the 84th General Assembly of the State of Illinois, the Senate concurring herein, that there shall be submitted to the electors of the state for adoption or rejection at the general election next occuring at least six months after the adoption of this Resolution, a Proposition to amend Section 2 of Article X of the Constitution to read as follows: Article X, Education. Section 2. Superintendent of Public Instruction. The Superintendent of Public Instruction shall be elected by the electors of the state and shall hold office for four years beginning on the second Monday in January after his election. To be eligible to hold the office of Superintendent of Public Instruction, a person must be a United States citizen, at least 25 years old and a resident of the state for the three years preceding his election. Any vacancy in the office of the Superintendent of Public Instruction shall be filled in a manner provided in Section 7 of Article V. The Superintendent of Public Instruction shall be the chief educational officer of the state having general supervisory responsibility in relationship to public elementary and secondary schools, and shall, except as limited by law, establish goals, determine policies, provide for planning and evaluating education programs and recommending financing. The Superintendent shall have such other duties and powers as provided by law. Transition Schedule. If this Amendment is approved by the electors of the general election in 1986, a Superintendent of Public Instruction shall be elected at the general election in 21 103 Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 17, 1986 1988 for a term of four years and shall take office on the second Monday in January after his election at which time the State Board of Education shall cease to exist. Thereafter, a Superintendent of Public Instruction shall be elected in 1992 and every fourth year thereafter for a term of 4 years. Third Reading of this Constitutional Amendment. Committee Reports. Representative Cullerton, Chairman from the Committee on Judiciary II, to which the following Bills were referred, action taken April 17, 1986, and reported the same back with the following recommendations: 'do pass' House Bill 2596; 'do pass as amended' House Bill 2573, 3157, and Senate Joint Resolution Constitutional Amendment 22; 'do pass Short Debate Calendar' House Bill 3107. Committee Reports. Representative Leverenz, Chairman of the Committee on Appropriation I, to which the following Bills were referred, action taken April 17, 1986 and reported the same back with the following recommendations: 'do pass' House Bills 2688, 2979, 3166; 'do pass as amended' House Bill 2990, 2994, 3035, and 3165. ...Reading of House Joint Resolution Constitutional Amendments. House Joint Resolution Constitutional Amendment #12. Resolved, by the House of Representatives of the 84th General Assembly of the State of Illinois, the Senate concurring herein, that there shall be submitted to the electors of the state for adoption or rejection at the general election next occurring at least six months after the adoption of this Resolution, a Proposition to add Section 11 of Article IX of the Illinois Constitution, and added Section to read as follows: Section 11, Tax Limitations. There is hereby established a limit on the taxes imposed by the General Assembly for deposits in the General Revenue and Common School Funds of the state for any fiscal year. The state 22 103 Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 17, 1986 shall not impose taxes of any kind which, together with any transfers into the funds, except revenues received from one Federal Government shall exceed 6.5 percent of the average annual personal income of Illinois of the next to the last full calendar year preceding the calendar year in which the fiscal year begins and the prior two calendar years. "Personal Income of Illinois" is the total income received by persons in Illinois from all sources, including transfer payments, as defined and officially reported by the United States Department of Commerce or its successor agency. No expense of State Government from the General Revenue or Common School Funds shall be incurred for any fiscal year which exceed in amount the revenue limit established by this Section. For any fiscal year in the event of the revenues to the General Revenue and Common School Funds exceed the revenue limits established by Section (A) of this Section, this excess shall be transferred to the Budget Stabilization Fund in the State Treasury which is hereby created. Emergency expenditures from the Budget Stabilization Fund may be made only if all the following conditions are met: 1. The Governor requests the General Assembly to declare an emergency; 2. The request is specific as to the nature of the emergency and the dollar amount of the emergency; and 3. The General Assembly thereafter declares emergency in accordance with the Governor's request by a Joint Resolution adopted by Three-Fifths of the Members elected to each House. The Bill providing for the appropriation of funds for the emergency must be passed by Three-Fifths vote of the Members elected to each House. If it is determined that the amount in the Budget Stabilization Fund is less than the amount needed to meet an emergency situation, taxes in exces5 of the limit established in Subsection (A) of this 23 103 Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 17, 1986 Section may be imposed and collected only if all of the following conditions are met: 1. The Governor requests the General Assembly to declare an emergency; 2. The reqest is specific as to the nature of the emergency, the dollar amount of the emergency and the method by which the the emergency will be funded; and 3. Upon receiving the request the General Assembly declares an emergency in accordance with the specifications of the Governor's request by a Joint Resolution adopted by a Two-Thirds vote of the Members elected to each House. The Bills providing for the appropriation of funds for the emergency must be passed by Two-Thirds vote of the Members elected to each House. The emergency must be declared in accordance with these procedures prior to incurring any of the expenses which constitutes the specific emergency request. The revenue limitation may be exceeded only for the fiscal year in which the emergency is declared and subsequent fiscal years the revenue limits of Subsection (A) of this Section shall again take effect. An emergency shall not be declared in two successive fiscal years without the approval of the majority of the qualified electors of the state voting thereupon at any regularly scheduled election. Income earned from the funds maintained in the Budget Stabilization Fund shall accrue to the fund. (C) For any fiscal year in the event that the amount in the Budget Stabilization Fund exceeds two percent of the revenue limit established in Subsection (A) of this Section, the General Assembly shall provide for the distribution of the excess revenues in any of the following three methods: 1. Distribution to the various state pension funds established by law in the proportion of the respective actuarial reserve deficiencies of the several funds based on the benefits in effect at the time of the effective date of 24 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 this Subsection. Funds distributed under this method shall be used only to reduce the actuarial reserve deficiencies of the various state pension funds. Distribution for the retirement of outstanding general obligation funds of the state funds distributed under this method shall be used to pay concurrent... current principal and interest charges but shall only be used to retire outstanding general obligation bonds: and distribution in the form of the reducing or the rebating of state taxes. The General Assembly shall provide by law for the implementation of the provisions of this Section. The General Assembly shall by law provide for an executive or legislative agency of State Government shall determine each year no later than Feburary 1, the revenues deposited in the General Assembly Revenue Fund received from state taxes. The agency shall be required to report its findings to the Comptroller and the General Assembly no later than February 1, of each year. For the purpose of this Section, the General Revenue Fund means all monies belonging to or for the use of the state, paid into the State Treasury and belonging to any special fund in the State Treasury and to Common School Fund, meaning money belonging to or for use of the state, paid into the State Treasury and expended for financing public education through the secondary level. Schedule. This Amendment takes effect upon the adoption of this... by the electors of this state. Third Reading of this Constitutional Amendment. Joint Resolution Constitutional Amendment, Second Reading. Senate Joint Resolution Constitutional Amendment #22. Resolved, by the Senate of the 84th General Assembly of the State of Illinois, the House of Representatives concurring herein, that there shall be submitted to the electors of the state for adoption or rejection at the general election next 25 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day April 17, 1986 occurring at least six months after the adoption of this Resolution, a Proposition to amend Section 9 of Article I of the Constitution to read as follows: Section 9, Bail and Habeas Corpus. All persons shall be bailable by sufficient securities except for the following offenses where the proof is evidence or the presumption grant... great: Capital offenses and offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction, the felony offenses for which a sentence or imprisonment without conditional or revocable release shall be imposed by law as a consequence of conviction when the court, after a hearing, determines that release of the offender would pose a real or present threat to the physical safety of any person. The privilege of the Writ of Habeas Corpus shall not be suspended except in cases of rebellion or invasion when the public safety may require it. Any cost acquiring... accruing to the unit of local government as a result of the denial of bail pursuant to the 1986 Amendment to this Section shall be redistributed to the state to the unit of local government. Schedule. If approved by the electors of the state, this Amendment shall take effect one day following the proclamation of the results of the votes on this referendum. Second Reading... this Constitutional Amendment as read a first time as amended. ...Introductions and First Readings. House Bill 3600, Sutker - Satterthwaite, a Bill for an Act in relationship to joint custody. First Reading of the Bill. House Bill 3601, Younge, a Bill for an Act to amend Sections of the Illinois Coal and Emergency Development Bond Act. First Reading of the Bill. ...3602, Berrios McAuliffe, a Bill for an Act concerning elections and amending certain Acts herein named. First Reading of the Bill. Being no further business, the House will now stand adjourned until tomorrow 26 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 103 Legislative Day at the hour of 2:00." April 17, 1986 27 04/29/86 13:04 STATE OF ILLINOIS 84TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 17, 1986 PAGE 1 HB-0681 THIRD READING PAGE 7 HB-2590 THIRD READING PAGE 5 HB-2725 THIRD READING PAGE 5 HB-2889 OUT OF RECORD PAGE 15 HB-3543 FIRST READING PAGE 15 HB-3544 FIRST READING PAGE 15 HB-3545 FIRST READING PAGE 16 HB-3546 FIRST READING PAGE 16 HB-3547 FIRST READING PAGE 16 HB-3548 FIRST READING PAGE 16 HB-3549 FIRST READING PAGE 16 HB-3550 FIRST READING PAGE 16 HB-3551 FIRST READING PAGE 16 HB-3552 FIRST READING PAGE 16 HB-3553 FIRST READING PAGE 16 HB-3554 FIRST READING PAGE 16 HB-3555 FIRST READING PAGE 16 HB-3556 FIRST READING PAGE 16 HB-3557 FIRST READING PAGE 17 HB-3558 FIRST READING PAGE 17 HB-3559 FIRST READING PAGE 17 HB-3560 FIRST READING PAGE 17 HB-3561 FIRST READING PAGE 17 HB-3562 FIRST READING PAGE 17 HB-3563 FIRST READING PAGE 17 HB-3564 FIRST READING PAGE 17 HB-3565 FIRST READING PAGE 17 HB-3566 FIRST READING PAGE 17 HB-3567 FIRST READING PAGE 17 HB-3568 FIRST READING PAGE 17 HB-3569 FIRST READING PAGE 17 HB-3570 FIRST READING PAGE 17 HB-3571 FIRST READING PAGE 18 HB-3572 FIRST READING PAGE 18 HB-3573 FIRST READING PAGE 18 HB-3574 FIRST READING PAGE 18 H8-3575 FIRST READING PAGE 18 HB-3576 FIRST READING PAGE 18 HB-3577 FIRST READING PAGE 18 HB-3578 FIRST READING PAGE 18 H3-3579 FIRST READING PAGE 18 HB-3580 FIRST READING PAGE 18 HB-3581 FIRST READING PAGE 18 HB-3582 FIRST READING PAGE 18 HB-3583 FIRST READING PAGE 18 HB-3584 FIRST READING PAGE 18 HB-3585 FIRST READING PAGE 19 HB-3586 FIRST READING PAGE 19 HB-3587 FIRST READING PAGE 19 HB-3588 FIRST READING PAGE 19 HB-3589 FIRST READING PAGE 19 HB-3590 FIRST READING PAGE 19 HB-3591 FIRST READING PAGE 19 HB-3592 FIRST READING PAGE 19 HB-3593 FIRST READING PAGE 19 HB-3594 FIRST READING PAGE 19 HB-3595 FIRST READING PAGE 19 HB-3596 FIRST READING PAGE 20 HB-3597 FIRST READING PAGE 20 HB-3598 FIRST READING PAGE 20 HB-3599 FIRST READING PAGE 20 HB-3600 FIRST READING PAGE 26 HB-3601 FIRST READING PAGE 26 HB-3602 FIRST READING PAGE 26 HR-1026 RESOLUTION OFFERED PAGE 3 04/29/86 13:04 STATE OF ILLINOIS 84TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 17, 1986 HR-1186 RESOLUTION OFFERED HJR-0004 SECOND READING PAGE 2 PAGE 2 PAGE 6 *HJR-0004 THIRD READING PAGE 21 *HJR-0008 SECOND READING PAGE 6 HJR-0008 THIRD READING PAGE 20 HJR-0012 SECOND READING PAGE 6 *HJR-0012 THIRD READING PAGE 22 SJR-0022 SECOND READING PAGE 25 SJR-0139 ADOPTED PAGE 3 SUBJECT MATTER HOUSE TO ORDER SPEAKER GREIMAN PAGE 1 PRAYER FATHER FRANK O'HARA PAGE 1 PLEDGE OF ALLEGIANCE ROPP ET AL PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 AGREED RESOLUTIONS PAGE 2 DEATH RESOLUTION PAGE 2 COMMITTEE REPORTS PAGE 4 ADJOURMENT PAGE 15 PERFUNCTORY SESSION PAGE 15 COMMITTEE REPORTS PAGE 22 PERFUNCTORY SESSION AD JOURNMENT PAGE 26